Ref: 72/2009
Date: 02 June 2009
Time: 11:30 GMT
PCHR Welcomes Arrival of Human Rights Council Mandated Independent Fact-Finding Mission to Gaza
The Palestinian Centre for Human Rights (PCHR) welcomes the arrival of the Human Rights Council Mandated Independent Fact-Finding Mission to the Gaza Strip. The mission is headed by Justice Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunals for Rwanda and the former Yugoslavia. The mission also includes Professor Christine Chinkin, Professor of International Law at the London School of Economics and Political Science, University of London; Ms. Hina Jilani, Advocate of the Supreme Court of Pakistan and former Special Representative of the Secretary General on Human Rights Defenders; and Colonel (retired from the Irish Armed Forces) Desmond Travers, member of the Board of Directors of the Institute for International Criminal Investigations (IICI).
The Human Rights Council mission is particularly welcome in light of the Secretary General’s actions in relation to the recent report of the United Nations Board of Inquiry, which disregarded the Board’s recommendations, and pre-empted a discussion within the Security Council. Palestinian Human Rights organizations are today delivering an open letter to the Secretary General, detailing their objections to Mr. Ban’s actions.
The Mission is an important step towards ensuring the legitimate rights of victims, and may pave the way for accountability. It is mandated to “investigate all violations of International Human Rights Law and International Humanitarian Law that might have been committed in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.”
PCHR condemn the State of Israel’s refusal to cooperate with the inquiry. PCHR believe that Israel’s unwillingness to cooperate with this independent investigation represents an attempt to shield alleged perpetrators of war crimes from justice. Israel has consistently proven unwilling to effectively investigate alleged violations of international law committed by its forces in the occupied Palestinian territory.
The State of Israel repeatedly denied the Mission permission to enter the Gaza Strip via Israel. PCHR believes that in doing so, Israel violated its obligations under Article 2(5) of the UN Charter, which holds that “All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter”.
PCHR affirm that if the rule of law is to be upheld, it must be enforced. Independent investigations are an important component of the overall process of documentation and international awareness raising. However, until alleged perpetrators of war crimes are prosecuted and international law is seen to be enforced, the current climate of impunity will prevail. Victims’ rights to an effective judicial remedy, as codified in Article 2 of the International Covenant on Civil and Political Rights, must be upheld. Those responsible for the commission of war crimes in the Gaza Strip must be held to account. As long as Israel is granted impunity, it will continue to violate international law, Palestinian civilians will continue to suffer the consequences.
PCHR remind the State of Israel of its legally-binding obligation – as codified in Article 146 of the Fourth Geneva Convention – to effectively investigate and prosecute all those suspected of committing grave breaches of the Geneva Conventions. Should Israel prove unable or unwilling to do so, as is evidently the case, then in accordance with the principle of universal jurisdiction, all High Contracting Parties to the Geneva Conventions are obliged to search for and prosecute persons accused of committing grave breaches, irrespective of where theses crimes occurred. There is no valid pretext, legal or otherwise, for not respecting the Conventions in their entirety.
PCHR are actively engaged in facilitating the work of the Mission in the Gaza Strip.
