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“No State or
individual is above the Law” (*) |
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INTERNATIONAL COALITION AGAINST WAR CRIMINALS (
ICAWC)
The publication of the United Nations
Fact-Finding Mission on the Gaza Conflict report puts under test all the UN
states and the members of the Human Rights Council.
A report of 574 pages presents an evidence
that the State of Israel as a member of the UN, committed war crimes and
possible crimes against humanity.
All the affiliated members of ICAWC, consider
that the report of the fact-finding mission, led by Justice Richard Goldstone,
gives the Palestinian government de facto in Gaza and the Israeli government a
very acceptable period of time to start serious investigations and lay out a
step by step approach to accountability.
As a direct associated part of the ICC
Complaint against the Israeli government, we are very satisfied of the paragraph
1767 which recognizes the problem of impunity and the ICC role:
“With reference to the declaration under
article 12 (3) received by the Office of the Prosecutor of the ICC from the
Government of Palestine, the Mission considers that accountability for victims
and the interests of peace and justice in the region require that the legal
determination should be made by the Prosecutor as expeditiously as possible.”
In the light of the report's findings, ICAWC
asks the UN Human Rights Council to adopt a new resolution endorsing the
fact-finding mission's report in its totality; facts and recommendations; and
its submission to the relevant bodies, including the UN Secretary-General, the
Security Council and the General Assembly. Any negative aptitude of the “Israel
Friends” delegations to reject all or part of the report and its
recommendations, will give credence to those who argue that international
justice is a political tool targets the less power states. It will also
undermine the States credibility and responsibility on the international justice
and the UN Human Rights Council mechanism.
This report documents a very serious
violations of the international humanitarian law by Israel, with some incidents
amounting to war crimes and possible crimes against humanity, including willful
killings; deliberate attacks on civilian objects; wanton destruction of civilian
property; indiscriminate attacks; the use of human shields; and collective
punishment against Gaza's civilian population in the form of the ongoing
blockade of building materials and humanitarian aid. The report firmly condemns
the rocket attacks on the civilian areas of Israel by Hamas and other armed
groups as serious violations of the international humanitarian law.
Israel and Palestinian Hamas Government de
facto have both an obligation under international law to investigate credible
allegations of laws-of-war violations by their armed forces and, where
violations are found, to punish those responsible. Mr. Prime Minister Ismael
Hania promised a delegation of ICAWC to a great collaboration with all
investigation groups, national, regional or international missions. In spite of
the classification of Hamas as terrorist group by the European Union, he
accepted the principle of EU investigation. It is now time to ask the Israeli
government to collaborate.
Finally, ICAWC like to repeat with our
colleagues of HRW: “to condemn impunity in places such as Liberia, the
Democratic Republic of the Congo and Sudan, and to not do so regarding Israel
will lend credence to those who seek to undermine the legitimacy of
international justice institutions, which get portrayed as a tool of the
powerful against the weak”.
It is urgent to ask the Security Council to
refer the situation in Gaza to the ICC Prosecutor.
(*) Statement of the European Union, on the
60th anniversary of the Geneva Convention.
Gaza,
Oslo, Paris, Geneva 29/09/2009
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