03 October
2009
Justice Delayed is Justice Denied: Decision of
Palestinian Leadership and International Pressure an Insult to the
Victims
Yesterday, 2 October 2009, the Palestinian
leadership – under heavy international pressure lead by the United
States – deferred the draft proposal at the Human Rights Council
endorsing all the recommendations of the UN Fact Finding Mission (the
Goldstone Report). This deferral denies the Palestinian peoples’ right
to an effective judicial remedy and the equal protection of the law. It
represents the triumph of politics over human rights. It is an insult to
all victims and a rejection of their rights.
The crimes documented in the report of the
UN Fact Finding Mission represent the most serious violations of
international law; Justice Goldstone concluded that there was evidence
to indicate that crimes against humanity may have been committed in the
Gaza Strip. Violations of international law continue to this day,
inter alia, through the continuing Israeli-imposed illegal blockade
of the Gaza Strip. The findings of the Mission confirmed earlier
investigations conducted by independent Palestinian, Israeli and
international organisations.
The injustice that has now been brought upon
Palestinians has been brought upon everyone on this globe. International
human rights and humanitarian law are not subject to discrimination,
they are not dependent on nationality, religion, or political
affiliation. International human rights and humanitarian law apply
universally to all human beings.
The rule of law is intended to protect
individuals, to guarantee their fundamental rights. Yet, if the rule of
law is to be respected it must be enforced. World history, and the
Israeli occupation of Palestinian land has shown us that as long as
impunity persists, the law will continue to be violated; innocent
civilians will continue to suffer the horrific consequences.
Justice delayed is justice denied. All
victims have a legitimate right to an effective judicial remedy, and the
equal protection of the law. These rights are universal: they are not
subject to political considerations. In the nine months since Operation
Cast Lead, no effective judicial investigations have been conducted into
the conflict. Impunity prevails. In such situations, international law
demands recourse to international judicial mechanisms. Victims’ rights
must be upheld. Those responsible must be held to account.
The belief that accountability and the rule
of law can be brushed aside in the pursuit of peace is misguided.
History has taught us time and time again, that sustainable peace can
only be built on human rights, on justice, and the rule of law. For many
years in Palestine international law, and the rule of law, has been
sacrificed in the name of politics, and cast aside in favour of the
peace process. This approach has been tried, and it has failed: the
occupation has been solidified, illegal settlements have continued to
expand, the right to self determination has been denied; innocent
civilians suffer the horrific consequences. It is now time to pursue
justice, and a peace built on a foundation of human rights, dignity, and
the rule of law. In Justice Goldstone’s words, there is no peace without
justice.
The justifications given by the Palestinian
leadership regarding the decision to defer are inappropriate. Consensus
is not required, the United Nations system works on a majority basis.
Since the beginning of the UN, and over the course of the Israeli
occupation begun in 1967, consensus has rarely been acquired. The UN was
established to represent the will of the nations of the world; it is
inevitable that there will be dissent and disagreement. Decisions must
rest on the will of the majority.
As human rights organisations we strongly
condemn the Palestinian leaderships’ decision to defer the proposal
endorsing all the recommendations of the Fact Finding Mission, and the
pressure exerted by certain members of the international community. Such
pressure is in conflict with States international obligations, and is an
insult to the Palestinian people.
As human rights and civil society
organizations concerned with rights and justice, we declare that we will
double our efforts to seek justice for the victims of the violations of
human rights and international law in oPt without delay.
·
Adalah – The
Legal Centre for Arab Minority Rights in Israel
·
Addameer
Prisoner Support and Human Rights Association
·
Al Dameer
Association for Human Rights
·
Al Haq
·
Al Mezan
Centre for Human Rights
·
Arab
Association for Human Rights
·
Badil –
Resource Center for Palestinian Residency and Refugees' Rights
·
The Civic
Coalition to Defend Palestinians' Rights in Jerusalem
·
Defence for
Children International – Palestine Section
·
ENSAN Centre
for Human Rights
·
ITTJIAH –
Union of Arab Community-Based Associations
·
Independent
Commission for Human Rights
·
Jerusalem
Legal Aid and Human Rights Centre
·
National
Association for Democracy and Law
·
Palestinian
Centre for Human Rights
·
Ramallah
Centre for Human Rights Studies
·
Women’s
Centre for Legal Aid and Counselling
