UN Human Rights Council Endorses Goldstone Report: Adalah Statement Stresses Lack of Accountability for Palestinian Victims in Gaza
On 16 October 2009, the UN Human Rights Council (HRC) adopted a resolution endorsing the report and recommendations published by the UN Fact-Finding Mission on the Gaza Conflict (the “Goldstone Report”). The Human Rights Council also decided that the report will be discussed in the UN General Assembly. The vote passed as follows: 25 member states of the Council voted in support of the report, 6 voted against and 11 abstained.
The special session of the UN HRC was requested by the Palestinian Authority and 18 member states of the UN HRC. Adalah Attorney Fatmeh El-‘Ajou represented Adalah at the special session; she gave an oral statement before the UN HRC. In the statement Attorney El-'Ajou spoke of the lack of Israeli domestic remedies for Palestinian victims from the Occupied Palestinian Territory (OPT) injured or killed by Israeli military forces and the need for a strong and united international community stand to end impunity.
The UN Fact-Finding Mission, headed by Justice Richard Goldstone, embarked on a thorough investigation into military conduct undertaken from 27 December 2008 to 18 January 2009 which addressed the violations of international humanitarian law and human rights law committed both by Israel, Palestinian armed groups and the Palestinian 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 and Palestinian armed groups were 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”.
The recommendations of the Fact-Finding Mission, for the first time, set forth a detailed implementation mechanism to attempt to secure accountability for the victims. An independent committee of international experts must be established to monitor whether credible domestic investigations are conducted into the allegations contained in the Report. If genuine investigations are not undertaken the matter must referred to the UN Security Council, which in turn, must refer the case to the International Criminal Court.
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.
