UN Fact Finding Mission finds strong evidence of war crimes and crimes against humanity committed during the Gaza conflict; calls for end to impunity
Tues 15 Sep 2009
The UN Fact-Finding Mission led by Justice Richard Goldstone today concluded Isrel committed serious violations of international human rights and humanitarian law during the Gaza conflict. The UN Report found that Israel committed actions amounting to war crimes, and possibly crimes against humanity.
The UN Mission found that Israel
- imposed a blockade amounting to collective punishment and carried out a systematic policy of progressive isolation and deprivation of the Gaza Strip during the run-up to the assault on Gaza
- destroyed houses, factories, wells, schools, hospitals, police stations and other public buildings during Operation Cast Lead
- continues to block the entry into Gaza of building materials essential for reconstruction resulting in families still living amid the rubble of their former homes
- killed more than 1,400 people during the military operation.
- has caused significant trauma, both immediate and long-term, to the population of Gaza. The Report notes signs of profound depression, insomnia and effects such as bed-wetting among children. The effects on children who witnessed killings and violence, who had thought they were facing death, and who lost family members would be long lasting, the Mission found, noting in its Report that some 30 per cent of children screened at UNRWA schools suffered mental health problems.
- directed its military operation at the people of Gaza as a whole, in furtherance of an overall and continuing policy aimed at punishing the Gaza population, and in a deliberate policy of disproportionate force aimed at the civilian population.
- detroyed food supply installations, water sanitation systems, concrete factories and residential houses as a deliberate and systematic policy.
- is still depriving Palestinians in the Gaza Strip of their means of subsistence, employment, housing and water
- denies Gazans freedom of movement and their right to leave and enter their own country, that limit their rights to access a court of law and an effective remedy, could lead a competent court to find that the crime of persecution, a crime against humanity, has been committed.
The report states that "The incidents and patterns of events considered in the report are the result of deliberate planning and policy decisions."
Importantly, the Report also covers Israeli violations of the human rights of Palestinians in the West Bank, including
- excessive force against Palestinian demonstrators, resulting in many deaths
- increased closures, restriction of movement and house demolitions
- detention of Palestinian Legislative Council members which, the Report says, effectively paralyzed political life in the OPT.
- crushing dissent
The prolonged situation of impunity has created a justice crisis in the Occupied Palestinian Territory that warrants action, the Report says. The Mission found the Government of Israel had not carried out any credible investigations into alleged violations.
In the light of the gravity of Israel’s crimes, the Goldstone Report recommends
- Israel be required to report to the UN Security Council, within six months, on genuine investigations and prosecutions into the violations identified in the Report.
- the Security Council set up a body of independent experts to monitor the progress or lack of progress in such Israeli investigations and prosecutions
- the Security Council should refer the situation in Gaza to the International Criminal Court unless Israel can show that genuine investigations have been carried out.
UN Press Release:
http://www.unhchr.ch/huricane/huricane.nsf/view01/9B63490FFCBE44E5C1257632004EA67B?opendocument
The full report can be found on the web page of the Fact Finding Mission:
http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/FactFindingMission.htm
UPDATE: 16 Oct 2009; UN Human Rights Council endorses report; SPSC Press Release
