PCHR highlights key issues relating to report of UN fact-finding mission on Gaza conflict (the ‘Goldstone Report)

Palestinian Center for Human Rights - In light of the media debate and confusion triggered by Justice Richard Goldstone’s 1 April opinion piece in the Washington Post, the Palestinian Centre for Human Rights (PCHR) wishes to highlight a few key issues regarding the current status of the UN Fact-Finding Mission’s Report, and the search for accountability in the aftermath of Israel’s 27 December 2008 – 18 January 2009 offensive on the Gaza Strip.

PCHR represent 1,046 victims of the offensive, and have submitted 490 criminal complaints to the Israeli authorities on behalf of these individuals.

As noted by Justice Goldstone, the UN Fact-Finding Mission was not a judicial body. Rather, it was a fact-finding mission mandated to conduct initial investigations on the ground, and to make recommendations on this basis. The Mission found sufficient evidence to indicate the widespread commission of war crimes, and possible crimes against humanity. This finding was consistent with the result of investigations conducted by other organisations, including PCHR, Amnesty International, Human Rights Watch, the UN Board of Inquiry, and the Fact-Finding Mission of the Arab League.

Appropriately, and consistent with the requirements of international law, the Fact-Finding Mission recommended that these allegations be investigated. The Mission noted that if domestic authorities failed to conduct effective investigations, the International Criminal Court became the most appropriate forum to investigate these serious charges. Responsibility would thus fall on the Security Council to activate the jurisdiction of the International Criminal Court, in accordance with Article 13(b) of the Court’s statute. According to the timeline established by the Mission, this referral should have taken place approximately one year ago. The Security Council took such action most recently with respect to the current situation in Libya.

The most serious allegations regarding Israel’s conduct of hostilities during the offensive relate to the direct targeting of civilians, widespread indiscriminate attacks, the choice of targets and methods of combat, and the extensive destruction of public and private infrastructure, including the total or partial (rendered uninhabitable) destruction of 7,872 civilian housing units. A few significant cases in this regard include the attack on UNRWA headquarters, the attack on Fakhoura school, the Abdul Dayem case, the Al-Daia case, the Abu Halima case, and the attack on Arafat Police compound. Policies including those related the conduct of hostilities, the choice of targets, the use of white phosphorous, and the artillery bombardment of civilian areas may also give rise to individual criminal responsibility. None of these cases have been effectively addressed, and have not been ‘reconsidered’ by Justice Goldstone.

International law clearly requires that allegations of international crimes, as detailed in the Fact-Finding Mission’s Report and elsewhere, must be subject to genuine investigation, and if appropriate, those responsible prosecuted...
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