Ref:
34/2010
On Monday 22, and Tuesday 23 March,
2010, the Palestinian Centre for Human Rights (PCHR), addressed the 13th
Session of the UN Human Rights Council in Geneva.
PCHR reiterate their endorsement of
the Report of the UN Fact Finding Mission on the Gaza Conflict (the Goldstone
Report), and stress that the true importance of this Report lay in its
recommendations, which detailed specific steps to be taken to end impunity. It
is essential that these recommendations be implemented, and that the rule of
international law be enforced.
In addressing the follow-up session
to Resolutions S-12/1 & S-9/1, Mr. Daragh Murray, International Legal
Officer at PCHR, focused on the prevailing system of impunity with respect to
Israel’s actions. He stressed that, in the 15 months since Israel ended its
offensive on the Gaza Strip, and the six months since the Human Rights Council
and the General Assembly demanded investigations, nothing has happened. Only 3
low-level Israeli soldiers have been indicted. A full analysis of Israel’s
investigative and judicial process is detailed in PCHR’s Report, ‘Genuinely Unwilling: Israel’s Investigations into Violations of
International Law including Crimes Committed during the offensive on the Gaza
Strip, 27 December – 18 January 2009’.
Mr. Murray stressed that
investigations which persist for a long period of time, or are deemed generally
inadequate, serve but one purpose: the perpetuation of a system of impunity.
The illegal reality established by Israel, denies victims’ legitimate rights to
the equal protection of the law and an effective judicial remedy; it also
undermines the rule of international law, with devastating far reaching
consequences.
PCHR urged the Human Rights Council
to request that the Security Council, acting under Chapter VII of the UN
Charter, refer the situation in the oPt and Israel to the International
Criminal Court. Concurrently, all States must be requested to fulfil their obligations
with respect to the exercise of universal jurisdiction. Impunity cannot be
allowed to persist.
Addressing the Council under Agenda
Item 7, Mr. Murray stated that the last year and a half have arguably been the
worst in the history of the occupation. Detailing the worsening human rights
situation in the Gaza Strip, and the West Bank including East Jerusalem, Mr.
Murray stressed that this is the resultant reality when human rights and
international law are sacrificed in the pursuit of elusive ‘political
progress’.
Mr. Murray reiterated that human
rights and international law are the central components of a just and
sustainable peace, and requested that they be recognized as such.
· Intervention at the Human Rights Council’s follow-up session
to Resolutions S-12/1 & S-9/1
· Intervention at the Human Rights Council under Agenda Item 7
