De Israelische Terreur 1001

From: Badil (http://www.badil.org)

The Goldstone Report at the UN General Assembly: States Must Uphold
International Law to Ensure Accountability for the Victims of War Crimes
in Gaza

Adalah – Legal Center for Arab Minority Rights in Israel * Addameer *
Al Dameer Association for Human Rights * Al-Haq – Law in the Service of
Man * Al Mezan Centre for Human Rights * Badil Resource Center for
Palestinian Residency and Refugee Rights * Defence for Children
International-Palestine Section * Ensan Center for Human Rights and
Democracy * Jerusalem Legal Aid Center * Palestinian Centre for Human
Rights * Ramallah Center for Human Rights Studies * Women’s Center for
Legal Aid and Counselling

On 4 November 2009, the Report of the United Nations Fact Finding
Mission on the Gaza Conflict (Goldstone Report) is scheduled to be
tabled before the Plenary of the UN General Assembly in New York.
Following the Report’s endorsement at the Human Rights Council on 21
October 2009, it now falls to the General Assembly to ensure that the
Report is endorsed and its recommendations acted upon. The General
Assembly must promote and support the primacy of international law in
the necessity of ensuring justice and accountability for the war crimes
and possible crimes against humanity that characterized Israel’s assault
on Gaza in December 2008-Janurary 2009.

The Palestinian human rights community fully endorse the Report and urge
the General Assembly to adopt each of its recommendations. We are
calling for the GA to:

a)fully endorse the Report of the Fact Finding Mission on the Gaza Conflict;
b)urge the Security Council to endorse the Report, and to expeditiously
pursue all accountability mechanisms presented therein; and report to
the GA on the progress in this matter;
c)demand that credible internal domestic investigations and prosecutions
be carried out by the parties to the conflict in accordance with
international standards of impartiality, independence, promptness and
effectiveness;
d)remain fully appraised of the matter until appropriate action is taken
at the domestic or international level in order to ensure justice for
victims and accountability for perpetrators;
e)establish an escrow fund for the purpose of compensating the victims
of violations of international law committed during Operation Cast Lead;
f)request Switzerland to convene a conference of the High Contracting
Parties to the Geneva Conventions to ensure its respect;
g)promote an urgent discussion on the use of munitions such as white
phosphorous (as mentioned in the Report), and a moratorium on their use
by Israel.

It is no less crucial that over the coming weeks and months, given the
statements from several of the Permanent Member States of the Security
Council that they will oppose consideration of the Report in that forum.
Should the Security Council fail to ensure accountability as demanded in
the Report, and by the victims, the GA should prepare for further
action. The focus of the General Assembly and of the Security Council
must at all times be on ensuring accountability for the crimes
documented in the Goldstone Report.

The Palestinian Authority and Palestinian Liberation Organisation, as
the representatives of the Palestinian people, must also strive to
ensure full implementation of the Report. Palestinian advocacy and
activism at the General Assembly is crucial in ensuring that lessons are
learned from recent experiences which saw international legal
obligations sidelined in favour of political expediency.

The international community of States, along with civil society, and the
general public must stand firm and united in upholding the conviction
that both State and non-state actors must respect international human
rights and humanitarian law; that there is no peace and security without
justice; and that accountability for violations of international law is
fundamental.

http://www.badil.org/en/badil-news/1683-updates-on-the-adoption-of-the-goldstone-report