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.