Re: 23/2010

In light of the UN General Assembly’s upcoming debate on
implementation of the report of UN Fact Finding Mission on the Gaza Conflict
(the Goldstone Report), Mr. Raji Sourani, Director of the Palestinian Center
for Human Rights (PCHR) sent letters to number of the UN officials expressing
grave concern regarding the credibility of the investigations carried out by
Israel, into allegations of serious violations of International Humanitarian
Law and International Human Rights Law, including those perpetrated during the
latest Israeli offensive on the Gaza Strip. Mr. Sourani sent his letters to: President and members of UN General
Assembly, President and members of the United Nations Human Rights Council and
of the Human Rights Committee, to the UN Secretary General and to the High
Commissioner for Human Rights.

The letter included that investigations previously conducted
by the UN Board of Inquiry, the Independent Fact Finding Mission mandated by the
League of Arab States, along with the UN Fact Finding Mission have stressed
that Israel perpetrated war crimes and numerous violations of international
law, many of which rise to individual criminal responsibility. The Goldstone
Report concluded also that the Palestinian side perpetrated war crimes and
called upon both the Israeli and the Palestinian side to take appropriate action.

On 5 November 2009, the UN General Assembly endorsed the
Goldstone Report and requested the Government of Israel and the Palestinians to
undertake investigations that are independent, credible and in conformity with
international standards within a period of three months.

While the UN Secretary-General, Ban Ki Moon, stated in his
report of 4 February 2010 that no determination can be made on the
implementation of the resolution by the parties concerned, PCHR issued a detailed
report this month that arrived at an entirely different conclusion. The report
“Genuinely Unwilling” addresses the investigations conducted by
Israel and thoroughly analysis the reasons why the Israeli investigations can
in no way be said to be independent, credible and in conformity with
international law.

The letter affirmed that the Goldstone Report constituted a
fundamental turning point to show respect for human rights and humanitarian law
in the Occupied Palestinian Territories (OPT), due to measures of
accountability included in the recommendations. It is necessary that the recommendations should be implemented. In view of the absence of proven willingness
from the Israeli side to conduct the needed investigations, as well as the Palestinians’
inability, measures of international justice should be applied, including a
Security Council referral to the International Criminal Court (ICC) or the
exercise of universal jurisdiction.

PCHR added that both parties failed to comply within the
period of three months to the UN resolution. The Center calls upon the General Assembly to take account of the facts,
reminding that numerous human rights bodies have stated that delays in
effective investigations are equivalent to impunity. The international community must not allow
any state to act above the law. Moreover, without enforcement of the rule of law, law becomes
meaningless; it is Palestinian civilians who suffer the horrific consequences. It
is the international community who bears the responsibility.

Commenting on the letter, Mr. Sourani said that the core of
the Goldstone Report is relevant to the timeframe of conducting the
investigations and the measures of implementation. Thus, in case the concerned parties failed to
comply with conducting these investigations, and they truly failed to do that,
the international community should immediately move and take the necessary steps. He added that Israel is unwilling to conduct
the investigations in accordance with the Goldstone Report.

To see the whole letter of PCHR, click below

http://www.pchrgaza.org/files/doc/un%20letter%201.pdf