Amnesty International said yesterday that the recommendations of the United Nations Human Rights Council’s fact-finding mission on the Gaza conflict, if implemented, offer the best hope for justice and accountability. The UN-mandated report by Judge Richard Goldstone found that both Israeli forces and Palestinian armed groups committed grave violations of international law, including war crimes and possibly crimes against humanity, during the Gaza conflict this year.

 The report supports Amnesty International’s own findings of war crimes committed by both sides.

Donatella Rovera, who headed Amnesty International’s fact finding mission last winter in Israel and the Gaza Strip, said:

“The UN Security Council and other UN bodies must now take the steps necessary to ensure that the victims receive the justice and reparation that is their due and that perpetrators don’t get away with murder. The responsibility now lies with the international community, notably the UN Security Council, as the UN’s most powerful body, to take decisive action to ensure accountability for the perpetrators and justice for the victims. The Security Council must refer the Goldstone findings to the International Criminal Court Prosecutor if Israel and Hamas do not carry out credible investigations within a set, limited period.”

Note:  The United States holds the Presidency of the United Nations Security Council for the month of September.

Despite powerful evidence of war crimes and other serious violations of international law which emerged during and in the aftermath of the conflict, both Israel and Hamas have failed to carry out credible investigations and prosecute those responsible.  The UN Security Council condemned attacks against civilians during the conflict and urged both sides to respect international law, but so far it has turned a blind eye to the allegations of war crimes and other grave violations committed by both sides.

The report’s findings are consistent with those of Amnesty International’s own field investigation into the 22-day conflict during which some 1,400 Palestinians and nine Israelis were killed (four other Israeli soldiers were killed by their own side in ‘friendly fire’ incidents).

Most of the Palestinians killed by Israeli forces were unarmed civilians, including some 300 children. Amnesty’s investigations also found Israeli forces carried out wanton and wholesale destruction in Gaza, leaving entire neighborhoods in ruin, and used Palestinians as human shields.  Amnesty’s findings also agree with the Goldstone report in that the rocket fire into southern Israel by armed Palestinian groups, including Hamas, was indiscriminate which constitutes a war crime.

Key findings of the Goldstone report include:

• Israeli forces committed violations of human rights and international humanitarian law amounting to war crimes and some possibly amounting to crimes against humanity. Notably, investigations into numerous instances of lethal attacks on civilians and civilian objects revealed that the attacks were intentional, that some were launched with the intention of spreading terror among the civilian population and with no justifiable military objective and that Israeli forces used Palestinian civilians as human shields.

• Israeli forces committed grave breaches of the Fourth Geneva Convention, notably wilful killing, torture and inhumane treatment, wilfully causing great suffering or serious injury to body or health, and extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly. As grave breaches these acts give rise to individual criminal responsibility.

• Israel violated its duty to respect the right of Gaza’s population to an adequate standard of living, including access to adequate food, water and housing. Notably acts which deprive Palestinians in Gaza of their means of sustenance, employment, housing and water, that deny their freedom of movement and their right to leave and enter their own country, that limit their access to an effective remedy and could amount to persecution – a crime against humanity.

• Palestinian armed groups violated the principle of distinction by launching rocket and mortars attacks which cannot be aimed with sufficient precision at military targets and that their attacks into civilian areas which had no intended military target constituted deliberate attacks against civilians. Such attacks constitute war crimes and may amount to crimes against humanity.

• Palestinian combatants did not always adequately distinguish themselves from he civilian population and they unnecessarily exposed civilians to danger when they launched attacks close to civilian or protected buildings.

• The Fact-Finding Mission found no evidence that Palestinian armed groups directed civilians to areas where attacks were launched or that they forced civilians to remain within their vicinity, nor that hospital facilities were used by the Hamas de-facto administration or by Palestinian armed groups to shield military activities, or that ambulances were used to transport combatants, or that Palestinian armed groups engaged in combat activities from within hospitals or UN facilities that were used as shelters.

Tonight, PBS will premiere The Reckoning: The Battle for the International Criminal Court. This documentary film was produced by Skylight Pictures, an outstanding team of filmmakers who collaborated with AIUSA on our 2007 documentary Justice Without Borders.  Click here for local listings, as times vary.

The broadcast date is significant, in that it marks the week eleven years ago that more than 160 governments came together to negotiate the treaty creating the International Criminal Court (ICC).

The Reckoning follows the ICC’s Prosecutor as he and his team confront the most challenging of armed conflict situations, compiling evidence of war crimes, crimes against humanity and genocide in order to build cases against leaders of the Lord’s Resistance Army in Uganda, militia leaders in the Democratic Republic of Congo, and the President of Sudan.

I’ve had the privilege of viewing and commenting on various stages of the film as it was being developed.  It’s a great piece of work.  With each viewing, something new strikes me.  I wanted to share with you some of the themes in the film that resonate with me today.

First, The Reckoning builds to what feels like a “Law and Order: War Crimes”- style finale, with the Prosecutor and his team closing in on a target – a sitting head of state — considered by many to be out of reach.   The crime thriller analogy is actually very appropriate, because some of the footage we see in the film is, when you think about it, crime scene footage.  It’s easy to forget that.  Mass rapes, murders, mutilations and starvation are often treated as the tragic and inevitable consequences of war, instead of as crimes which are planned — which actually require planning to implement on a mass scale — and for which specific individuals are responsible and can be held accountable.

Secondly, The Reckoning is very much a ”David and Goliath” story.  Critics of the ICC’s work try to portray the Court as a big, Western-dominated bully out to get Africa.  I think you will come away from The Reckoning struck by how small the Prosecutor’s team really is in comparison with the massive crimes they are confronting.  I think you will also be struck by how relentless they are in pursuing justice for the victims, who they stress are the millions of Africans subjected to human rights abuses, instead of the few who try to obscure their culpability by hiding behind the mantle of nationalism.

Finally, The Reckoning tells the story of what is essentially an unfinished revolution.  The film explores both the breakthroughs in the advancement of human rights and the rule of law that made the ICC possible, as well as the lack of political to make enforcement a reality.  Former Nuremberg prosecutor (and one of my heroes) Benjamin Ferencz recalls how the entire body of human rights law that we take for granted today came to be in his lifetime, demonstrating how much is possible in what is essentially a blink of the eye in historical time.  Yet most of the world’s governments – some of whose representatives we see celebrating the ICC treaty at the start of the film — continue to fail to give any meaningful support the ICC in apprehending indicted war criminals.  We may still have a long way to go, but it’s possible to get there.

I encourage you to tune into PBS tonight, and if you’re as moved as I was, please take action.  Write to Secretary of State Clinton and U.N. Ambassador Rice and urge them to support the ICC’s work on Darfur.