Ref: 108/2009
Date: 16 October 2009
Time: 15:00 GMT
First Step Towards
Justice: Human Rights Council Adopts Resolution Endorsing Goldstone
Report’s Findings and Recommendations
On 16 October 2009, the twelfth Special
Session of the United Nations Human Rights Council adopted a Resolution
condemning Israel’s illegal actions as an Occupying Power – in
particular its illegal annexation of East Jerusalem – and endorsing the
findings and recommendations of the UN Fact Finding Mission lead by
Justice Goldstone.
The Resolution is a victory for human rights
and the rule of law. It is the first step towards justice and
accountability, whereby victims’ rights may be upheld, those responsible
for serious violations of international law held to account, and the
rule of law enforced.
The recommendations of the Fact Finding
Mission focused on the need for accountability, detailing extensive
implementation mechanisms in the pursuit of justice. The Resolution is
thus only a first step: these mechanisms must now be enacted. An
independent committee of experts must be established to monitor whether
credible domestic investigations are conducted into the allegations
contained in the Report. If genuine investigations are not forthcoming,
the Security Council must refer the situation in Gaza to the
International Criminal Court. The Palestinian Centre for Human Rights
(PCHR) will continue to monitor all parties’ investigations.
The Resolution was passed by an overwhelming
majority, with 25 States voting for the Resolution versus 6 against. 11
States abstained from voting. It was the result of concerted efforts on
the part of the Palestinian leadership, Palestinian and Israeli human
rights and civil society organizations, and members of the international
community. The Resolution reaffirms the universal nature of human
rights, and opens the possibility that the laws’ protection will be
extended to all regions of the world.
PCHR stresses, however, that certain members
of the international community, lead by the United States and Israel,
attempted to block the Resolution. These States placed political
interests above individual’s human rights, and undertook efforts
designed to shield individuals accused of violating international law
from justice. Such actions must be roundly condemned.
PCHR emphasizes that international law,
human rights and the rule of law are essential components in the pursuit
of a just and sustainable peace: there can be no peace without justice.
PCHR urges all States to back this
Resolution, and to take all necessary measures in the pursuit of
justice. The passing of the Resolution is only the first step. All
parties must conduct effective investigations aimed at ensuring that
those accused of violating international law are investigated, tried and
prosecuted in accordance with international laws. Should they fail to do
so, the Security Council must refer the situation to the International
Criminal Court.
