Ref: 107/2009
Date: 16 October
2009
Time: 09:00 GMT
PCHR Welcomes Hamas
Decision to Investigate Allegations of War Crimes, Comply With Goldstone
Report
The Palestinian Centre for Human Rights
(PCHR) welcomes Hamas’ decision to endorse the Report of the United
Nations Fact Finding Mission (the Goldstone Report), and their
commitment to conduct effective investigations into all alleged
violations of international law committed in the context of the Israeli
offensive on the Gaza Strip (Operation Cast Lead, 27 December 2008 – 18
January 2009).
The UN Fact Finding Mission conducted
extensive impartial investigations into the situation surrounding
Operation Cast Lead. It found that all sides were responsible for
serious violations of international law, including war crimes and grave
breaches of the Geneva Conventions. The Mission found that there was
sufficient evidence to indicate that crimes against humanity may have
been committed, and are, indeed, ongoing.
The Report of the Fact Finding Mission
included extensive recommendations, which focused on the urgent need for
accountability and the rule of law. Amongst other issues, the Mission
recommended that all parties conduct effective, independent,
investigations, to be monitored by an independent committee of experts
over a six month period. In the absence of good faith investigations
that are independent and in conformity with international standards the
Security Council should refer the situation in Gaza to the Prosecutor of
the International Criminal Court pursuant to Article 13(b) of the
Statute of the International Criminal Court. PCHR fully support the
findings and recommendations of the Fact Finding Mission.
Hamas’ decision to conduct investigations is
welcome. It is a first step towards upholding victims’ rights and
enforcing the rule of the law.
PCHR stress that Israel is also under an
obligation to conduct investigations, however, to date it has not
cooperated with the Fact Finding Mission. On 12 October 2009, Prime
Minister Netanyahu vowed that Israeli soldiers and leaders will not
stand trial for war crimes committed during Operation Cast Lead,
perpetuating a cycle of impunity which has been a consistent feature of
Israel’s occupation of Palestinian land.
If effective investigations are not
forthcoming resort must be had to international judicial mechanisms,
including the International Criminal Court. Victims’ right to an
effective judicial remedy must be upheld, those responsible for
violating international law must be held to account.
