Ref: 66/2010
Today,
15 August 2010, the Palestinian Centre for Human Rights (PCHR) received at its
office in Gaza City the UN Committee of Experts, who are mandated to analyse
the effectiveness of investigations conducted at the domestic level into
alleged crimes, as reported by the UN Fact Finding Mission on the Gaza Conflict
(the Goldstone Report). The Committee – consisting of Professor Christian
Tomuschat of Germany (chairperson), Mr. Param Cumaraswamy from Malaysia and
Justice Mary McGowan Davis of the United States of America – was appointed
pursuant to UN Human Rights Council Resolution A/HRC/Res/13/9. The Committee is
due to submit its final Report to the 15th Session of the UN Human
Rights Council in September 2010.
Mr.
Raji Sourani, the Director of PCHR, and Mr. Eyad Alami, head of PCHR’s Legal
Unit, briefed the Committee on the Centre’s experience in taking cases before
the Israeli courts, and on the inherent flaws within the Israeli system which
render the pursuit of justice for Palestinian victims impossible. The meeting
focused in particular on the events occurring in the aftermath of Operation
Cast Lead. Following the offensive, PCHR submitted 1,046 civil complaints to
the Compensation Officer in the Israeli Ministry of Defense, and approximately
490 criminal complaints (on behalf of 1,046 affected individuals) requesting
the opening of a criminal investigation to the Israeli Military Prosecution.
To-date, only a handful of interlocutory responses have been received. In light
of Israel’s longstanding failure to conduct effective investigations, the
pressing necessity of recourse to mechanisms of international criminal justice
was emphasized. Following the meeting at PCHR’s office, the Committee also met
with a number of victims of the offensive, to discuss their experiences with
respect to the investigative procedures conducted to-date.
During
the meeting, PCHR also discussed the investigations conducted by the
Palestinian authorities. Those exceptionally limited processes begun to date do
not meet international requirements, and it must be concluded that the
Palestinian authorities are unable to conduct effective investigations, and if
appropriate, prosecutions with respect to the violations documented in the
Goldstone Report.
On
the occasion of the Committee’s visit to Gaza, PCHR release ‘Genuinely Unwilling: An Update, The Failure
of Israel’s Investigative and Judicial System to Comply with the Requirements
of International Law, with particular regard to the Crimes Committed during the
Offensive on the Gaza Strip (27 December 2008 – 18 January 2009)’.
This
in-depth study analyses Israel’s legal and judicial system in light of the
requirements of international law. Despite Israel’s claims to the contrary, Genuinely Unwilling clearly shows that
the Israeli system is incapable of conducting independent, credible
investigation in conformity with international legal obligations. As shown, the
investigative processes begun following Operation ‘Cast Lead’ confirm this
conclusion, and are indicative of a desire to frustrate, and not further, the
pursuit of justice.
Israel’s
failure to conduct credible investigations stands in violation of the State’s
international legal obligations, and UN Resolution A/Res/64/10.
In light of this unwillingness, and the Palestinian authorities inability, it
is imperative that urgent recourse be had to mechanisms of international
criminal justice. The international community, and individual States, must
ensure that those suspected of committing the most serious crimes of the
international community do not continue to be granted impunity. Accountability
must be pursued, and victims’ rights upheld.
For
more information surrounding the Goldstone Report, including a chronology,
please visit the “In
Focus” section on the Goldstone Report on PCHR’s website.
