On 17 October 2009, Mr. Raji Sourani, Director
of the Palestinian Centre for Human Rights (PCHR), addressed the
Euro-Mediterranean Human Rights Network (EMHRN) working group meeting on
Israel-Palestine, which took place in Madrid. The address formed part of
PCHR’s continuing efforts to ensure the implementation of the Goldstone
report’s recommendations, particularly in light of the 16 October Human
Rights Council Resolution endorsing the report and its recommendations.
Mr. Sourani began by detailing PCHR’s
experiences with respect to pursuing cases before the Israeli courts. He
explained that the Israeli system is fundamentally biased against
Palestinians, and that justice is unattainable. It is for this reason
that PCHR began to work on universal jurisdiction, in accordance with
States’ legal obligations under Articles 1 and 146 of the Fourth Geneva
Convention. To date cases have been pursued throughout the world, most
notably in the United Kingdom, the United States, and Spain.
Mr. Sourani emphasized that the pursuit of
universal jurisdiction is premised on the rule of law and human rights.
When certain States chose to make it a political issue, they do so
acting in their own self-interest and in an attempt to shield alleged
war criminals from justice. This self-interest is exemplified by the
British and Spanish governments public statements vowing to change the
laws relating to universal jurisdiction, following the presentation of
cases against high-ranking officials. PCHR have consistently
stated that such statements are a clear attempt to impose political will
on the judiciary, in clear violation of the principle of separation of
powers; they are illustrative of a lack of respect for these countries
judicial systems.
The Goldstone Report was discussed as a
landmark in the pursuit of human rights and the rule of law in the
occupied Palestinian territory. The most significant aspect of the
Report were the detailed implementation mechanism included in its
recommendations, in particular the six-month time frame for the
establishment of effective domestic investigations. Mr. Sourani stated
that the position of the United States, backed up by members of the
European Union, was outrageous and evidence of a disrespect for the rule
of law. He stressed that EUROMED was founded to fight for the rule of
law in the region, and that human rights must be its guiding principle.
EUROMED must thus distinguish itself from the position of the EU States.
Mr. Sourani finished by noting that the
implementation of the Goldstone Report’s recommendations is not a
political matter. It is a matter of human rights, and the rule of law.
There can be no compromise when it comes to these principles. As human
rights organizations it is now our job to make the implementation
mechanisms of the Goldstone Report workable; universal jurisdiction and
the International Criminal Court are core components in the fight for
human rights and justice.
