U.N. Commission makes recommendations — is anyone listening?

Now that Obama has a veto-proof Congress in favor of his Iran nuke deal, I’m wondering how Netanyahu is going to spin this. Will he dig in his heels and rant about this treachery? Or will he try to rebuild bridges between Israel and the U.S.?

Given Bibi’s response in June to the recommendations of the Independent U.N. Commission of Inquiry charged with investigating Israel’s so-called Operation Protective Edge, I suspect Netanyahu lives in a bubble — a bubble of his own reality untouched by contrary evidence.

The Israeli government’s response to the U.N. report was also predictable.

It is regrettable that the report fails to recognize the profound difference between Israel’s moral behavior during Operation Protective Edge and the terror organizations it confronted. This report was commissioned by a notoriously biased institution, given an obviously biased mandate.

The State of Israel has never taken any U.N. recommendations to heart, so it’s unlikely there will be a change of heart in 2015.

676.        The persistent lack of implementation of recommendations – made by previous commissions of inquiry, fact-finding missions, United Nations treaty bodies, special procedures and other United Nations bodies, in particular the Secretary-General and OHCHR – lies at the heart of the systematic recurrence of violations in Israel and the Occupied Palestinian Territory. 

Israel is the recalcitrant child who rejects authority figures and refuses to take any responsibility for his own predicament.

recalcitrant child

The U.N. recommendations are quite rational. Hopefully, the adults in the community of nations will take note and recognize that these reasonable recommendations must be implemented to avert another humanitarian crisis in Gaza.

677.     The commission calls upon all parties to fully respect international humanitarian law and international human rights law, including the main principles of distinction, proportionality and precaution, and to establish promptly credible, effective, transparent and independent accountability mechanisms. The right of all victims to an effective remedy, including full reparations, must be ensured without further delay. In this context, the parties should cooperate fully with the preliminary examination of the International Criminal Court and with any subsequent investigation that may be opened.

The Palestinians are pressing the International Criminal Court to investigate Israel for war crimes in Gaza and for continued settlement expansion in the West Bank. Israel

678.    The commission also calls upon Israelis and Palestinians to demonstrate political leadership by both refraining from and taking active steps to prevent statements that dehumanize the other side, incite hatred, and only serve to perpetuate a culture of violence.

I think #678 is a very important recommendation, but I haven’t seen any evidence that either side acknowledges or takes it seriously.  Bruce Katz, co-founder of Palestinian & Jewish Unity, was recently interviewed on Press TV — see here.http://presstv.ir/Default/embed/426545

Katz: There is nothing surprising and it is absolutely inhuman but it is part of the overall process of dehumanization that the Palestinians have suffered at the hands of Israel’s successive apartheid governments and the Netanyahu government simply seems to be the worst of all. Obviously you can only do what they have done to the Palestinians in Gaza, if you consider them to be subhumans which is exactly what the Israeli officials believe and that was reflected just recently by a statement coming from Moshe Ya’alon who is Israel’s defense minister; he as a matter of fact threatened Iran with a nuclear attack that would rival Nagasaki and Hiroshima [attacks]. He also said in that statement that he would kill as many children in Iran as in Gaza.

The remaining recommendations from the U.N. Independent Commission of Inquiry address Israel, Palestine and the international community.

679.    The commission calls upon the Government of Israel to conduct a thorough, transparent, objective and credible review of policies governing military operations and of law enforcement activities in the context of the occupation, as defined by political and military decision-makers, to ensure compliance with international humanitarian law and human rights law, specifically with regard to:

       (a)           The use of explosive weapons with wide-area effects in densely populated areas, including in the vicinity of specifically protected objects;

       (b)           The definition of military objectives;

       (c)           The tactics of targeting residential buildings;

       (d)           The effectiveness of precautionary measures;

       (e)           The protection of civilians in the context of the application of the Hannibal directive;

       (f)            Ensuring that the principle of distinction is respected when active neighbourhoods are declared “sterile combat zones”;

       (g)           The use of live ammunition in crowd control situations.

680.   The review should also examine mechanisms for continuous review of respect for international humanitarian law and human rights law during military operations and in the course of law enforcement activities in the context of the occupation.

In June, Israel exonerated itself over the killings of the four Bakr children on the Gaza beach. Does anyone have any hope that Israel can investigate itself?

681.    The commission further calls upon the Government of Israel:

       (a)           To ensure that investigations comply with international human rights standards and that allegations of international crimes, where substantiated, are met with indictments, prosecutions and convictions, with sentences commensurate to the crime, and to take all measures necessary to ensure that such investigations will not be  confined to individual soldiers alone, but will also encompass members of the political and military establishment, including at the senior level, where appropriate;

       (b)           To implement all the recommendations contained in the second Turkel report, in particular recommendation no. 2 calling for the enactment of provisions that impose direct criminal liability on military commanders and civilian superiors for offenses committed by their subordinates, in line with the doctrine of command responsibility;

       (c)           To grant access to Israel and the Occupied Palestinian Territory for, and cooperate with, international human rights bodies and non-governmental organizations concerned with investigating alleged violations of international law by all duty bearers and any mechanisms established by the Human Rights Council to follow up on the present report;

       (d)           To address structural issues that fuel the conflict and have a negative impact on a wide range of human rights, including the right to self-determination; in particular, to lift, immediately and unconditionally, the blockade on Gaza; to cease all settlement-related activity, including the transfer of Israel’s own population to the occupied territory; and to implement the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory;

       (e)           To accede to the Rome Statute.

682.    The commission calls upon the State of Palestine:

       (a)           To ensure that investigations into violations of international humanitarian law and international human rights law, including international crimes, by the Palestinian Authority, the authorities in Gaza and Palestinian armed groups, where substantiated, comply with international human rights standards and that full accountability is achieved, including through criminal proceedings;

       (b)           To accelerate efforts to translate the declarations on Palestinian unity into tangible measures on grounds that would enable the Government of national consensus to ensure the protection of human rights and to achieve accountability for victims.

683.    The commission calls upon the authorities in Gaza and Palestinian armed groups:

       (a)           To respect the principles of distinction, proportionality and precaution, including by ending all attacks on Israeli civilians and civilian objects, and stopping all rocket attacks and other actions that may spread terror among the civilian population in Israel;

       (b)           To take measures to prevent extrajudicial executions and eradicate torture, cruel, inhuman and degrading treatment; to cooperate with national investigations aimed to bring those responsible for violations of international law to justice; and to combat the stigma faced by families of alleged collaborators.

684.    The commission calls upon the international community:

       (a)           To promote compliance with human rights obligations, and to respect, and to ensure respect for, international humanitarian law in the Occupied Palestinian Territory and Israel, in accordance with article 1 common to the Geneva Conventions;

       (b)           To use its influence to prevent and end violations, and to refrain from encouraging violations by other parties;

       (c)           To accelerate and intensify efforts to develop legal and policy standards that would limit the use of explosive weapons with wide-area effects in populated areas with a view to strengthening the protection of civilians during hostilities;

       (d)           To support actively the work of the International Criminal Court in relation to the Occupied Palestinian Territory; to exercise universal jurisdiction to try international crimes in national courts; and to comply with extradition requests pertaining to suspects of such crimes to countries where they would face a fair trial.

685.   The commission recommends that the Human Rights Council consider conducting a comprehensive review of the implementation of the numerous recommendations addressed to the parties by its own mechanisms, in particular relevant commissions of inquiry and fact-finding missions and explore mechanisms to ensure their implementation.

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Filed under Gaza, Hamas, IDF, Israel, Israel Defense Forces, People, United Nations, Video

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