Ref: 79/2011

The
2011 session of the UN General Assembly, which begins in New York on 13
September, offers an important opportunity to pursue accountability for the
victims of Israel’s 27 December 2008 – 18 January 2009 offensive on the Gaza
Strip (Operation ‘Cast Lead’).

However, the Palestine Liberation Organization
(PLO) has declared that its focus during the upcoming General Assembly will be
directed towards recognition of the Palestinian State and, to-date, no concrete
mention has been made of the ‘Goldstone’ Report and the pursuit of
accountability vis-a-vis Operation Cast Lead.

This
lack of discussion in the General Assembly, and the apparent lack of political
will to adopt and raise this issue, risks setting a dangerous precedent;
justice cannot be sacrificed on the basis of perceived political interests. It
is unacceptable that victims’ rights be disregarded in the name of political
expediency, as has happened too often in the past, including at the Human
Rights Council in September 2009 when
the PLO’s representative attempted to dismiss the Report of the UN Fact-Finding
Mission on the Gaza Conflict (the ‘Goldstone’ Report) from the agenda of
the Council’s meeting.

In
March 2011, following a two year process – and as a result of the failure on all
sides to conduct domestic investigations in accordance with the requirements of
international law – the UN
Human Rights Council recommended that the upcoming session of the UN
General Assembly submit the Report of the UN Fact-Finding Mission to the Security
Council for appropriate action, including a Chapter VII referral of the
situation in the occupied Palestinian territory to the International Criminal
Court.

The
Palestinian Centre for Human Rights (PCHR) reiterate that, as a result of all
parties proven
failure to initiate credible investigations and prosecutions, an
investigation by the International Criminal Court is the appropriate and
necessary response to the crimes committed during Operation Cast Lead. The
upcoming session of the General Assembly therefore offers an unparalleled
opportunity to advance victims’ rights, and to ensure that those suspected of
committing war crimes are held to account.

PCHR
affirm that there is no contradiction between the unequivocal recognition of
Palestinian statehood, and the pursuit of accountability and justice. The
increased recognition of Palestinian statehood is of the utmost importance in
light of the long-history of occupation and the Palestinian people’s struggle
for self-determination. Equally, the pursuit of justice, accountability and
human rights are the bedrock on which any state must be established. As the
unequivocal recognition of the Palestinian state approaches, this must be
accompanied by an unequivocal affirmation of universal human rights.

PCHR
stress that the PLO must take a clear political decision to make the Goldstone
Report apriority, and must exert all efforts to ensure that the Report of the
UN Fact-Finding Mission is debated in the General Assembly, with the aim of
securing a Security Council referral to the International Criminal Court.

Victims
are not political bargaining chips.