The Goldstone Report at the UN General Assembly: States Must Ensure
\nVictim\u2019s Rights and Not Compromise the Rule of Law<\/p>\n
Joint Press Release issued by
\nAdalah \u2013 Legal Center for Arab Minority Rights in Israel * Addameer *
\nAl Dameer Association for Human Rights * Al-Haq \u2013 Law in the Service of
\nMan * Al Mezan Centre for Human Rights * Arab Association for Human
\nRights * Badil Resource Center for Palestinian Residency and Refugee
\nRights * Defence for Children International-Palestine Section * Ensan
\nCenter for Human Rights and Democracy * Jerusalem Legal Aid Center *
\nPalestinian Centre for Human Rights * Ramallah Center for Human Rights
\nStudies * Women\u2019s Center for Legal Aid and Counseling
\n
\nToday, 4 November 2009, the General Assembly will meet to discuss the
\nReport of the UN Fact Finding Mission on the Gaza Conflict (the
\nGoldstone Report). A draft Resolution has been presented to the General
\nAssembly for debate, and it is evident that those who claim to speak on
\nbehalf of human rights and international law are failing in their
\nmandate. The draft Resolution is a politically motivated compromise,
\nintended to obtain support for a Resolution without substance, one which
\nfails to protect victims\u2019 rights or to pursue accountability. While the
\ndraft addresses certain demands, it does not explicitly include
\noperational steps for the implementation of the Recommendations of the
\nGoldstone Report, and absolutely fails to bring remedy and redress to
\nvictims.<\/p>\n
There can be no compromise on the fundamental principles of human rights
\nand international law. If international law is to prove capable of
\nprotecting civilian populations and of averting future atrocities, then
\nit must be enforced. Each individual\u2019s basic human right to equal
\nprotection of the law and to an effective judicial remedy must be
\nensured. Those accused of committing international crimes must be
\ninvestigated, tried, and prosecuted.<\/p>\n
In supporting this draft the PLO are following the traditional policy of
\nattempting to secure a Resolution by consensus. Too often have the
\nrights of Palestinians been negotiated away in order to provide the
\nappearance of political progress, and too often has progress manifested
\nitself as mere maintenance of the status quo, which for decades has
\ndenied Palestinians their fundamental rights.<\/p>\n
Impunity must not be allowed to prevail. International law, and the
\nrespect for the fundamental human rights of peoples throughout the
\nworld, must not be subject to the whim of powerful States. As
\nPalestinians and representatives of the victims we demand justice, and
\nthe possibility of a peaceful future.<\/p>\n
The General Assembly must request that the Security Council not only
\nconsider the Goldstone Report, but also implement its recommendations.
\nDomestic investigations are essential; however, if these are not
\nconducted credibly and in accordance with international standards \u2013 as
\npast experience would suggest is the likelihood \u2013 then the consequences
\nmust be clear. Should attempts be made to shield alleged war criminals
\nfrom justice, then the Security Council must take appropriate action,
\nand the situation must be referred to the International Criminal Court.<\/p>\n
It is also essential that, as recommended in the Goldstone Report, the
\nGeneral Assembly act now to ensure reparations for the victims of
\nOperation Cast Lead. It is unacceptable that the illegal blockade of the
\nGaza Strip continues to this day and that reconstruction and recovery
\nhave been denied. The General Assembly must establish an escrow fund to
\nhandle reparations owed to the victims by Israel, and act to end this
\nillegal blockade. The continued suffering of innocent civilians cannot
\nbe condoned by the United Nations.<\/p>\n
At the Human Rights Council in September, the political vacillation of
\nthe PLO, the anti-accountability agenda of some of the most powerful UN
\nmember states, and a callous disregard for the victims of Operation Cast
\nLead saw the first attempt to bury the Goldstone Report. As the
\nrepresentatives of the Palestinians at the UN the PLO must ensure a
\nsecond attempt is not successful, and must re-focus its efforts towards
\nensuring that a Resolution fully endorsing the Goldstone Report and its
\ndetailed recommendations be adopted by a majority of the General
\nAssembly; a \u2018consensus\u2019 Resolution will effectively nullify the decision
\nof the Human Rights Council\u2019s Special Session, repudiate the rule of
\ninternational law, and implicitly endorse further impunity for those who
\ntarget civilians.<\/p>\n
Palestinians do not want to be part of a consensus that buries the
\nGoldstone Report, and denies victims\u2019 legitimate rights. Palestinians
\nshould neither be forced to negotiate on the Recommendations of the
\nGoldstone Report, nor to compromise their fundamental rights under
\ninternational law. It is essential \u2013 at the risk of condoning impunity
\nand the commission of future international crimes \u2013 that the General
\nAssembly:<\/p>\n
a) fully endorse the Report of the Fact Finding Mission on the Gaza
\nConflict;
\nb) urge the Security Council to endorse the Report, and to expeditiously
\npursue all accountability mechanisms presented therein; particularly a
\nreferral to the International Criminal Court in the absence of good
\nfaith investigations by the parties to the conflict;
\nc) demand that credible internal domestic investigations and
\nprosecutions be carried out by the parties to the conflict in accordance
\nwith international standards of impartiality, independence, promptness
\nand effectiveness;
\nd) establish of an independent committee of experts in international
\nhumanitarian and human rights law to monitor any domestic legal or other
\nproceeding taken by the parties of the conflict and publicly report to
\nthe UNGA and Security Council;
\ne) remain fully appraised of the matter until appropriate action is
\ntaken at the domestic or international level in order to ensure justice
\nfor victims and accountability for perpetrators;
\nf) establish an escrow fund for the purpose of compensating the victims
\nof violations of international law committed during Operation Cast Lead;
\ng) request Switzerland to convene a conference of the High Contracting
\nParties to the Geneva Conventions to ensure its respect;
\nh) promote an urgent discussion on the use of munitions such as white
\nphosphorous (as mentioned in the Report), and a moratorium on their use
\nby Israel.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Goldstone Report at the UN General Assembly: States Must Ensure Victim\u2019s Rights and Not Compromise the Rule of Law Joint Press Release issued by Adalah \u2013 Legal Center for Arab Minority Rights in Israel * Addameer * Al Dameer … Lees verder