Ref: 116/2010 

Today,
27 December 2010, marks the two-year anniversary of the beginning of Operation
Cast Lead, Israel’s 23 day offensive on the Gaza Strip. This offensive – the
single most brutal event in the history of the occupation – was characterised
by systematic violations of international law. Its aftermath has been
characterised by pervasive impunity.

In
total, 1,419 Palestinians were killed. 83% of the dead – the overwhelming
majority – were civilians, the so-called ‘protected persons’ of international
humanitarian law. A further 5,300 were injured, and public and private property
throughout the Gaza Strip was extensively targeted and destroyed.

The
Palestinian Centre for Human Rights (PCHR) notes that in the two years since
the offensive there have been no concrete steps taken towards the fulfilment of
victims’ legitimate rights to the equal protection of the law and an effective
judicial remedy. Customary international law and the treaty-based obligations
which all States have entered into are unequivocal: if a war crime has been
committed, those responsible must be investigated and prosecuted in accordance
with international standards. They must be held to account.

Numerous
reports of international and national human rights organisations – including
those of the UN Fact-Finding Mission on the Gaza Conflict (the ‘Goldstone
Report’), the Independent Fact-Finding Mission mandated by the Arab League,
Amnesty International and Human Rights Watch – concluded that war crimes were
committed in the Gaza Strip, and noted that criminal accountability must be the
legal consequence.

The
Goldstone Report detailed explicit mechanisms to ensure such criminal
accountability. As required by customary international law, genuine domestic
investigations must be initiated. After six months, if these investigations
failed to comply with international standards, the Security Council – acting
under Chapter VII of the UN Charter – must refer the situation to the
International Criminal Court.

It
is now two years since the offensive, and no effective domestic investigations
or prosecutions have been initiated.

As
PCHR has documented,
Israel has systematically failed to ensure accountability. In the two years
since Operation Cast Lead, the actions of the Israeli authorities have been
characterised by a desire to shield those responsible from justice. Only three
soldiers have been convicted of committing offensive-related crimes. One
soldier was sentenced to seven-months in jail for the theft of a credit card.
Two other soldiers were convicted of using a 9 year old boy as a human shield.
They were given a 3 month suspended sentence.

This
is an insult to victims and to the universal rule of law.

The
international community’s response has been silence; through inaction they have
implicitly endorsed Israel’s actions during Operation Cast Lead and the
impunity that has followed. They have implicitly endorsed the systematic and
widespread commission of international crimes.

The
rule of law, and victims’ rights, have been sacrificed in the name of politics.

This
situation must not be allowed to prevail.

The
consequences of impunity are evident in the continuing and escalating
violations of international law committed in the occupied Palestinian
territory.

The
consequences of impunity are evident in the fact that the entire Gaza Strip
continues to be subject to an illegal closure. For over 3.5 years, 1.7 million
people have been collectively punished and cut off from the outside world.
Impunity, and the international community’s failure to prevent this ongoing
crime, has resulted in the distinct possibility that the closure will become
institutionalised, and effectively endorsed by the United Nations and the
international community.

The
consequences of impunity are evident in the expansion of illegal settlements in
the West Bank; in the continued construction of the Wall; and in the house
demolitions and evictions carried out in occupied East Jerusalem.

Equally, the consequences of sacrificing the rule of international law in the
name of ‘political progress’ are evident in the abject failure of the Oslo
process.

It
is imperative that the international community fulfil its legal obligations,
and ensure respect for international law. Those suspected of committing
international crimes must be investigated and prosecuted. Israel must be held
responsible for its internationally wrongful acts.

Impunity
serves only to encourage continued violations of international law. Without
accountability, how can the civilians of the Gaza Strip feel safe again?