29 September 2009
The controversial report by the Goldstone inquiry into Israel’s conduct during the Gaza war has been submitted to the United Nations Human Rights Council. The report accuses both Israel and Hamas of war crimes. Chief investigator Richard Goldstone, a judge from South Africa urged the international community to end the "culture of impunity" for violations of international law in Israel and the "occupied Palestinian Territory. Speaking to the Human Rights Council, Goldstone defended his Fact-Finding Mission on the Gaza conflict, which found that both Israel and Palestinian armed groups had committed actions which amounted to war crimes and possibly crimes against humanity.
He urged the council to refer the report to the UN Security Council, citing the fact that neither Israeli nor Hamas had carried out any internal investigations into Operation Cast Lead. Should parties fail to respond to Security Council demands, he said, the matter would be forwarded to the International Criminal Court. “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. Time and again, experience has taught us that overlooking justice only leads to increased conflict and violence."
Israel’s UN Ambassador Aharon Leshno-Yaar described the report as "shameful," claiming it was one-sided, ignored Israel's right to self defense, and provided "support and vindication for terrorist tactics…Israel is committed to fully examining every allegation of wrongdoing, not because of this report, but despite it," Leshno-Yaar told the Human Rights Council.
The Palestinian envoy in Geneva, Ibrahim Khraisha, welcomed the report and said it was an "objective" account of what had happened in Gaza. A resolution by Arab and Muslim countries proposes endorsing the report, including a recommendation that it be referred to the Security Council in order to require both sides to show they are carrying out credible investigations into alleged abuses during the conflict.
The United States, which took part as a council member for the first time in the body’s three-year existence, also criticized the Goldstone Report. "We disagree sharply with many of the report's assessments and its recommendations and believe it to be deeply flawed," Assistant Secretary of State Michael H. Posner said. Washington also rejected the suggestion that the allegations be taken up by the Security Council in New York. "If this standard were applied in every conflict situation around the world where there are alleged violations, then the role of the Human Rights Council would be dramatically different," Posner declared.
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