On 29 September 2009, Israeli, Palestinian, and international human rights organizations at an event held at the 12th session of UN Human Rights Council in Geneva, Switzerland called upon States to support the report issued by the United Nations Fact Finding Mission on the Gaza Conflict (the Fact Finding Mission) earlier this month and to demand accountability for the victims.  

The UN Human Rights Council held a one-day debate yesterday on the Fact Finding Mission report. Justice Richard Goldstone, a South African jurist and former U.N. war crimes prosecutor, headed the team of the Fact Finding Mission.

The event, entitled “ After the Report by the Fact Finding Mission on Gaza: What’s Next?”, was hosted by: Adalah, Al-Haq, Al-Mezan Centre for Human Rights, Amnesty International, Badil, Cairo Institute for Human Rights Studies, Habitat International Coalition, Human Rights Watch, International Center for Transitional Justice, International Commission of Jurists, International Federation for Human Rights (FIDH), Palestinian Centre for Human Rights, and Physicians for Human Rights – Israel.

The human rights organizations held the event to emphasize their strong support for the report and to discuss various views on how to follow-up on the report’s findings and recommendations and the several mechanisms to employ to ensure justice.

Six panellists presented:

1. Priscilla Haynor, representing the International Center for Transitional Justice moderated the panel.
2. Nada Kiswanson, a legal researcher representing Al Haq, presented on “What’s Next?” and the use of UN mechanisms to ensure accountability as well as other justice mechanisms.
3. Attorney Fatmeh El-‘Ajou, representing Adalah, discussed the issue of the lack of Israeli domestic remedies for Palestinian victims from the OPT injured or killed by Israeli military forces and the need for a strong and united international community to end impunity.
4. Amiram Gill, representing Physicians for Human Rights – Israel, discussed the silencing of dissent in civil society by Israel.  
5. Fred Abrahams, representing Human Rights Watch, presented on the need for universal application of justice.
6. Yvonne Terlingen, representing Amnesty International, presented on the need to put an end to impunity.

Representatives of human rights organizations in Gaza were not able to speak at this event due to the closure of Gaza.

The Fact Finding Mission, headed by Justice Richard Goldstone, embarked on a thorough investigation which addressed the violations of international humanitarian law and human rights law committed both by Israel, Palestinian armed groups and the Palestinian National Authority in the OPT. Following the investigation, the Mission confirmed the findings and reports of many Palestinian, Israeli and international human rights organizations, and strongly refuted Israeli claims that its military and political operations were conducted in accordance with international law.

Investigations conducted by the Fact Finding Mission confirmed that Israel was responsible for the perpetration of grave breaches of the Geneva Conventions, war crimes, and serious violations of international human rights and humanitarian law. It also found sufficient evidence to indicate that crimes against humanity were committed. All allegations, including those relating to both Israeli forces and Palestinian armed groups, demand effective judicial remedy. Victims’ rights must be respected. As Justice Goldstone announced “no state or armed group should be above the law”.

If the rule of law is to be relevant, it must be upheld. As long as individuals and States are allowed to act with impunity, they will continue to violate international law and civilians will continue to suffer the horrific consequences. Individual States and the United Nations must fulfill their legal obligations, and their moral duty, to save succeeding generations from the scourge of war and to establish conditions under which justice and respect for international law can be maintained.

As Justice Goldstone emphasized yesterday before the UN Human Right Council, “This is the time for action. A culture of impunity in the region has existed for too long. The lack of accountability for war crimes and possible crimes against humanity has reached a crisis point; the ongoing lack of justice is undermining any hope for a successful peace process and reinforcing an environment that fosters violence … failing to pursue justice for serious violations during any conflict will have a deeply corrosive effect on international justice.”

Report of the United Nations Fact Finding Mission on the Gaza Conflict

Executive summary

Conclusions and recommendations