It is the Palestinian authorities’ failure to initiate the required and achievable genuine criminal procedures that has, for the first time ever, placed the Palestinians on the same level as Israel before the UN. It is this failure that has resulted in the current situation, whereby the historic opportunity offered by the ‘Goldstone process’ to end Israel’s impunity risks being lost by the Palestinians.

The recommendations of the UN Fact Finding Mission on the Gaza Conflict, and the requirements of international law, are clear. In the now proven event that genuine investigations are not conducted domestically, resort must be had to mechanisms of international criminal justice. The decision of the Palestinian leadership not to pursue this route is an insult to all victims. In effect, the Palestinian leadership is holding justice hostage to politics, and extending de facto impunity to the Israeli military and political leadership.

Over 20 months after the end of the offensive, necessary criminal investigations have not been conducted by either Israel or the Palestinian authorities; a finding substantiated by the UN Committee of Experts. Inherent flaws in these domestic systems render the pursuit of justice, and criminal accountability, impossible. Further time for ineffective domestic investigations can only result in the denial of victims’ rights and impunity for the perpetrators of international crimes.

For many years in Palestine, international law, and the rule of law, have been sacrificed in the name of politics, and cast aside in favour of an elusive peace process. Justice is a necessary precondition for the achievement of sustainable peace and must constitute the foundation of any peace negotiations.

The international community must assume its responsibility to uphold the rule of international law, and fight impunity. UN Member States must ensure the effective implementation of the recommendations of the Fact Finding Mission, in particular the focus on criminal accountability.

As has been communicated to the government in Ramallah, any Human Rights Council Resolution must condemn all parties’ failure to conduct genuine investigations, and ensure the enforcement of international law by recommending that the General Assembly urge the Security Council to refer the situation to the International Criminal Court.

We are forced to inform the victims that the proposed resolution represents an obstacle to the pursuit of justice, and a denial of their legitimate rights.

By passing this resolution, the Palestinian leadership and the international community are sending a dangerous message: that what happened in Gaza in 2008-2009 is acceptable. With such impunity, there is no guarantee for Palestinians that these crimes will not be repeated.

Mr. Raji Sourani, Director of PCHR, and Daragh Murray, International Legal Officer, are now closely following up these developments in Geneva. 

For more information, please contact:

Raji Sourani:

Mobile number: + 972 599 608811

Daragh Murray

Mobile number: + 353857684647