Tag Archives: ICC

UN Special Rapporteur urges Israel be held accountable

michael_lynk

Special Rapporteur S. Michael Lynk

The community of nations should start using some of the legal sticks available in its basket to push the State of Israel into ending the occupation of Palestine.  That’s the bottom line according to the U.N. Special Rapporteur who is calling for global boycott, divestment and sanctions (BDS) against the State of Israel.

Professor S. Michael Lynk, a Canadian law professor, is no newbie to Israel’s occupation. As the UN Special Rapporteur for human rights in the occupied territories, he asked  — When is enough, enough under international law?  He answered it in his report to the U.N. General Assembly in October 2017. I summarized his report here.

In the 22 page report, which should be required reading for everyone interested in the future of Israel and Palestine, Professor Lynk opened a new (legal) chapter in Israel’s occupation of East Jerusalem, the West Bank, and the Gaza Strip. He made the case for recognizing Israel as an illegal occupier, and called on the international community to use all of the tools in its toolbox to end this illegal occupation.

The next year, EJIL: Talk! …. the Blog of the European Journal of International Law published Professor Lynk’s commentary where he urged the international legal community to consider whether or not Israel’s prolonged occupation of Palestine has crossed some legal red line, resulting in an illegal occupation. Professor Lynk posited a 4-part test to determine the answer. His commentary was reprinted on my blog here.

The Great MarchIn the Spring of 2018, when Palestinians in Gaza launched the Great Return March and protested at the fence line between Israel and Gaza, Israel responded with lethal force. Lynk said the killings reflected a “blatant excessive use of force by Israel” and likened them to “an eye for an eyelash.” The protesters appeared to pose no credible threat to Israeli military forces on the Israeli side. Under humanitarian law, he said, the killing of unarmed demonstrators could amount to a war crime, and he added that “impunity for these actions is not an option.” (I wrote about that here.)

Although Professor Ilan Pappe wants the world to jettison the term “occupation” in favor of “colonization” in the context of Israel – Palestine, Professor Lynk has taken a different tack. He recommends that the U.N. declare the occupation illegal. See more about that here.

In March 2019, the UN Commission of Inquiry issued its findings and recommendations on the deadly protests in Gaza. Professor Lynk agreed and warned that —

As the one-year anniversary of the “Great March of Return” on 30 March 2019 draws closer, and in view of the ever-deteriorating economic and humanitarian situation in Gaza, the Special Rapporteur expressed concern over possible rising levels of violence if no firm action was taken to pursue accountability and justice. “Continuing to suffocate Gaza is a blot on the world’s conscience and a recipe for more bloodshed,” Lynk said. “Restoring Gaza and ensuring justice and accountability would give the region hope that a better Middle East is possible.”

ACCOUNTABILITY

For many years, Palestinians and human rights activists have been beating the accountability drum urging the world to hold Israel accountable for its responsibilities as an occupier and its flagrant violations of international humanitarian and human rights law. Beyond the many non-binding resolutions at the U.N. over the years, there has been no credible and sustained effort to hold Israel accountable. (The U.S. is a very big reason why the U.N. has failed — but that’s for another blog post.)

2013-05-05-21-01-541On his most recent tour to the Middle East, Professor Lynk held meetings in Jordan because Israel refuses to allow him to visit Palestine. He believes that unless Israel is pressured to do the right thing, it will continue to deepen and further entrench the occupation.

Professor Lynk recommends that the UN members should consider everything from cutting cultural ties with Israel to suspending its membership in the world body.

He emphasized the role of the EU, which accounts for some 40 percent of Israel’s external trade and could make the flow of Israeli goods and services to the 28-nation bloc contingent on policy shifts that help Palestinians.

Furthermore, Lynk urges the speedy publication of a long-awaited blacklist of Israeli and international companies that profit from operations in Israeli settlements in the occupied West Bank. He also wants prosecutors at the International Criminal Court (ICC) in The Hague to hasten its preliminary investigation of allegations of rights abuses by Israel and Hamas on Palestinian territory, which began in 2015.

Although Professor Lynk’s role as UN Special Rapporteur carries no enforcement power or authority, he’s certainly using his responsibility to examine and report on the occupation to the fullest extent possible. Now civil society and solidarity activists must amplify his call for accountability. 

 

Mr. Michael Lynk was designated by the UN Human Rights Council in 2016 as the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967. The mandate was originally established in 1993 by the then UN Commission on Human Rights. Professor Lynk is Associate Professor of Law at Western University in London, Ontario, where he teaches labour law, constitutional law and human rights law. Before becoming an academic, he practiced labour law and refugee law for a decade in Ottawa and Toronto. He also worked for the United Nations on human rights and refugee issues in Jerusalem.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

 

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Demonstrators Shot in Violation of their Right to Life

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On 7 January 2018, Ahmed Abu Artema, a 34-year-old Palestinian poet and journalist, posted on Facebook the idea of a non-violent march at the separation fence, to draw attention to General Assembly resolution 194 and to the dire humanitarian situation in Gaza. In the post, ending #GreatMarchofReturn, he wrote, “what if 200,000 demonstrators marched peacefully and broke through the fence east of Gaza and entered a few kilometres into the lands that are ours, holding the flags of Palestine and the keys to return, accompanied by international media, and then set up tents inside and established a city there.”  The idea evolved into a movement of Palestinians. Within weeks, Abu Artema, civil society activists and other stakeholders drew up a charter of 12 principles, envisaging a national march by Palestinians of all ages, genders, political and social groups. (para. 22 and 23)

I’ve been following the #GreatReturnMarch since the beginning, watching its preparations, and studying it from the perspective of my international human rights law course that was occurring at the same time.

23472746_1518214138214284_7274524142973981851_nAn Israeli woman shared her thoughts about the protests. The New York Times adopted the Israeli framing of the protests.  The protests continued.  With grim predictability, the killing of unarmed protesters continued too.

Ms Fatou Bensouda

Ms Fatou Bensouda – Prosecutor

Throughout the summer and fall of 2018 I followed the protests and took heart when the Prosecutor for the International Criminal Court warned Israel that it might be subject to prosecution for its crimes committed against the protestors.

The United Nations appointed an independent international commission of inquiry to investigate.  Predictably, Israel refused to cooperate in the investigation, and Egypt wouldn’t let the commission enter Gaza because of security concerns in the Sinai. However, in this small and interconnected world we live in, with Skype and other technology, the commission interviewed many participants in the protests, as well as families of the victims, the medical personnel in Gaza, as well as viewed much of the video documentation from the protests. COI_Commissioners_HP

The three member commission released its report and findings on February 28, 2019. The Israeli government immediately condemned it, saying that the commission was blinded by hatred,  but everyone else I’ve read has received it favorably.

It’s a short (22 pages) read and I recommend it to everyone.

Some excerpts that added to my understanding of the #GreatReturnMarch —

Israel was prepared. The protesters were not trying to take anyone by surprise.

Prior to the first demonstration, Israeli forces reinforced their positions at the fence with additional troops, including more than 100 sharpshooters. They dropped leaflets in Gaza and contacted Palestinian bus companies to warn against participation. At the demonstration sites, they strengthened the separation fence and its underground barrier (to prevent and detect cross-border tunnels), installed kilometres of barbed wire coils on the Gazan side as additional barriers, cleared vegetation on both sides, dug deep trenches on the Israeli side and erected a battery of earth mounds or berms onto which snipers were positioned for better visibility and shooting accuracy.

When the rules of engagement were challenged, the Israeli Supreme Court ruled in favor of Israel.

Israeli and Palestinian non-governmental human rights organizations challenged the application of lethal force by Israeli forces at the fence in the Israel Supreme Court, contending that the rules of engagement violated international law because they were too permissive or were being applied permissively. The Court disagreed and approved the rules of engagement, holding that “the use of potentially lethal force for the sake of dispersing a mass riot – from which an actual and imminent danger is posed to life or bodily integrity – is, in principle, permitted, subject to proving necessity and proportionality.” The Court declined to examine how the rules were applied on the ground, deferring to the internal investigations of Israeli security forces.

Ten pages of this report describe the deaths and injuries during three specific days of protest (Sections V and VI — p. 7-16)

Was Israel testing new weapons on the civilian population?

According to an international doctor working at a Gaza hospital, interviewed by the commission, “It was striking the number of extremely similar injuries; massive open wounds in the legs, with skin and muscles ‘blown out’, bones smashed to pieces, and damage to blood vessels leading to vascular injury, putting the entire limb at risk.”

COGAT holds the power of life and death – no surprise here!

In early April, the Coordinator of Government Activities in the Territories denied exit permits for wounded demonstrators, primarily on the basis of the policy of the Minister of Defense to deny passage to any person injured during the demonstrations.  Although the Supreme Court of Israel subsequently rejected the above-mentioned blanket policy, those injured in the demonstrations continued to face significant challenges in obtaining medical treatment outside Gaza, as illustrated by the case below:

 Zakaria Bishbish (14)
On 30 May, Israeli security forces shot Zakaria, from the Maghazi refugee camp, in the back at the demonstration site in El Bureij, while he was at least 100 m from the separation fence. The gunshot perforated Zakaria’s stomach and colon, splintered his vertebrae and damaged his kidney. His family sought a two-week exit permit to seek life-saving treatment at Saint Joseph Hospital in East Jerusalem, which had arranged a medical appointment for 4 June. The Coordinator of Government Activities in the Territories, however, denied the request, giving no reasons. His family then attempted to secure appointments for him in Egypt and the West Bank; the Coordinator did not respond to their requests. On 18 June, Zakaria died
of sepsis.

Will the State of Israel and/or any individuals involved in these killings be held accountable?

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Building a case for the ICC

The Prosecutor for the International Criminal Court (Fatou Bensouda) warned Israel in early April that it might be subject to prosecution for the crimes committed against the protesters at the #GreatReturnMarch.

Ms Fatou Bensouda

Ms Fatou Bensouda – Prosecutor

I remind all parties that the situation in Palestine is under preliminary examination by my Office. While a preliminary examination is not an investigation, any new alleged crime committed in the context of the situation in Palestine may be subjected to my Office’s scrutiny. This applies to the events of the past weeks and to any future incident.

I am aware that the demonstrations in the Gaza Strip are planned to continue further. My Office will continue to closely watch the situation and will record any instance of incitement or resort to unlawful force. I urge all those concerned to refrain from further escalating this tragic situation.

Any person who incites or engages in acts of violence including by ordering, requesting, encouraging or contributing in any other manner to the commission of crimes within ICC’s jurisdiction is liable to prosecution before the Court, with full respect for the principle of complementarity. The resort to violence must stop.

Israel clearly and boldly says it will not investigate the deaths attributed to its sharpshooters who are picking off Palestinians (young, old, men and women, and journalists) inside the Gaza Strip.

Israel’s decision not to investigate is important to note because of the principle of complementarity.

‘Complementarity’ is a fundamental principle on which the functioning of the International Criminal Court is based. Under the Rome Statute, which established the Court, the ICC can only exercise its jurisdiction where the State Party of which the accused is a national, is unable or unwilling to prosecute.

Israel, it appears, is inviting the ICC to assume jurisdiction in this case. Alhamdulillah!

Now, the ICC Prosecutor must do more than merely threaten, she must follow through with an independent investigation of the actions on both sides of the fence. The killings by IDF sharpshooters (40 dead, 5,511 wounded as of April 25) have been documented on video and there are numerous eyewitnesses whose testimony must be preserved.

I’ve been searching online for evidence of violence from the Palestinian side of the fence and haven’t found anything beyond burning tires and rocks. The protesters have been peaceful and have not posed any threat to the well-armed IDF sharpshooters.  The ICC Prosecutor’s investigation must be thorough and independent. I hope Israel will cooperate and turn over any evidence it might have regarding the protesters.

Palestinian youth are documenting what’s going on from the Gaza side of the fence, such as this piece from We Are Not Numbers.

While Israel and some Western media label Gaza Palestinians’ ongoing, six-week protest a “riot,” what visitors and participants see on the ground is completely different. The tire and (Israeli) flag burning that may seem “riotous” to some are actually carefully planned by a coordinating committee to obscure the vision of Israeli snipers (the former) and serve as a peaceful outlet for frustration and anger (the latter). And while those activities are occurring on the front lines of the border protest, the “Great Return March” (so-named because of the desire of the refugees in Gaza to return to the homes they were forced to evacuate in 1948), also is hosting many family-oriented cultural celebrations. On any given day, you may encounter women cooking Bedouin bread, young men dancing dabka and children flying kites.

“By including cultural activities in the Great Return March, we send a reminder message to the world that we will never forget our heritage and customs, which remind us of home,” says organizer Ahmed Abu Ertima. “At the same time, these cultural demonstrations show we are peaceful in the demand for our rights.”

Thousands of Gaza families take their children and head off to the border to participate in the Great Return March every day, raising the Palestinian flag and chanting the event’s motto, “We have the right to return to our ancestral land.” They sit on the ground, in sight of stolen lands just a few hundred meters away, while listening to their elders’ tales about their ancestral villages and towns.

Justice and the rule of law require that the ICC Prosecutor follow through with her investigation and prosecution.

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Accountability for war crimes? ICC

When and how will Israel be held accountable for war crimes committed during its 51-day Operation Protective Edge in 2014?  The operation killed 2,251 Palestinians, the vast majority of whom were civilians, including 299 women and 551 children. The operation also caused massive destruction to 18,000 homes and other civilian property, including hospitals and vital infrastructure.

Most of the destruction and damage has not been repaired in the past three years. Neither has any serious investigation been conducted.

Two legal NGOs in Israel — Al Mezan Center for Human Rights and Adalah — have been absolute bull dogs, pushing the Israeli authorities to comply with their responsibilities under International Humanitarian Law (IHL) and International Human Rights Law (IHRL). For the past three years, they have submitted petitions, complaints, claims and every manner of documentation to press for justice for the victims of Operation Protective Edge. To no avail.

IHL and IHRL require Israel to investigate allegations of suspected violations committed during Operation Protective Edge, with independence, impartiality, effectiveness, promptness and transparency and to prosecute those allegedly responsible.

But as with its inquiries into past military operations, Israel has delayed, denied, deflected and dismissed every attempt by the United Nations and others to come clean with its actions in Operation Protective Edge.

That hasn’t stopped Israeli soldiers from talking about their experience in Operation Protective Edge.

On August 28, 2017, Al-Mezan and Adalah published their 9-page report documenting their attempts to hold Israel accountable — Gaza 3 Years On: Impunity over accountability Israel’s unwillingness to investigate violations of international law
in the Gaza Strip. No surprises here.

The cases concerned severe events that resulted in the killing and serious injury of Palestinian civilians, including women and children, and the massive destruction of civilian objects. The evidence in these cases suggested that the attacks were carried out in violation of the principles of distinction and proportionality, which could amount to grave breaches of IHL. These cases mostly concerned incidents of:
 Direct attacks on homes causing many civilian deaths and injuries;
 Direct attacks on children (e.g. the four Bakr children playing on the beach and the Shuheibar children feeding pigeons on a house rooftop);
 Direct attacks on five UNRWA schools that were sheltering civilians;
 The bombing of mosques, hospitals and a shelter for people with severe disabilities;
 Attacks on civilian infrastructure and the municipality workers fixing them.

After Operation Protective Edge, Israel cynically created the Fact-Finding Assessment Mechanism (FFAM) to improve its investigative abilities but after three years, 46.4% of the complaints filed by Adalah and Al Mezan were referred to the FFAM for examination and then closed, without opening a criminal investigation or ordering further action against those involved. 43% of the complaints remain under examination by the FFAM or received no response.

The Military Advocate General’s responses to such cases:
 Secret evidence: The materials collected by the FFAM and other intelligence materials cannot be revealed because they are classified;
 Military necessity: Certain incidents in question were undertaken based on military necessity (these arguments were written vaguely and did not include any supporting evidence);
 No non-military witnesses: The FFAM did not find any need or use in taking testimonies from non-military witnesses.

This whole exercise may seem pointless because when has Israel ever been held accountable for its violations of international law?

This time things might be different.

Ms Fatou Bensouda

Ms Fatou Bensouda – Prosecutor

The Office of the Prosecutor for the International Criminal Court (ICC) has launched a preliminary investigation. (pp. 25-32) But the ICC can’t assume jurisdiction in this case if the State of Israel has an effective mechanism for investigating and prosecuting these claims. In November 2016, the Prosecutor said she would “assess information on potentially relevant national proceedings, as necessary and appropriate.”

That’s why this report from Al-Mezan and Adalah is so very important. It clearly shows that Israel is incapable and unwilling to investigate and hold itself accountable. If the Prosecutor agrees, she can recommend that the ICC take the case.

Israel needs to be held accountable, sooner rather than later. This report provides the ammunition to open the courthouse doors. Bravo Al-Mezan and Adalah!

The case of the Abu Dahrouj family provides another illustration of Israel’s unwillingness to investigate. On the night of 22 August 2014, an Israeli warplane fired two missiles at a home belonging to the Abu Dahrouj family in central Gaza. The Israeli missile strike killed five members of the Abu Dahrouj family, including two children, and wounded multiple civilians and caused extensive damage to neighboring homes. Although [Israel] acknowledged that the missile attack was carried out directly on a civilian home and did not target any combatant or military object, no investigation was opened and the case was closed without any action against those involved.

 

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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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Day #48 – August 23, 2014 – Gaza’s 9/11?

According to the Israeli  military, since the start of Operation Protective Edge on July 8, Israel had launched more than 5,000 airstrikes in Gaza, while fighters in Gaza had fired close to 4,000 rockets and mortars into Israel by August 23, 2014. Something changed on that date.

Israel destroyed one of the largest buildings in Gaza, a 12-story apartment building in the Tel al-Hawa neighborhood of Gaza City. This might be considered the 9/11 moment of the war. Within seconds, 44 apartments were destroyed, 44 families were made homeless. Israel claimed that Hamas used an apartment in the building as a base of operations, but a resident of the building denied that claim and said the Israelis were lying.

Although the IDF had targeted specific apartments within buildings before, this was the first time the IDF destroyed an entire building. It appeared that Israel was putting pressure on the elites in Gaza to end the battle which had raged for 48 days.

On that same day, Hamas signed a pledge to back any Palestinian bid to join the International Criminal Court which could expose Israel, as well as Hamas, to possible war crimes prosecution.

If the Palestinian resistance fighters could have brought down a multi-story building in Tel Aviv, I have no doubt they would have. The IDF’s attack on this apartment building in the middle of Gaza City highlighted once again the asymmetric nature of last summer’s battle.

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Human Rights Council demands accountability for war crimes in Gaza

UN HRC vote

Today (July 3, 2015) the U.N. Human Rights Council adopted a resolution calling for accountability for possible war crimes committed in Gaza last summer.  The USA was the only member to vote NO.

Does President Obama and the others in the Administration understand the message this vote sends to the rest of the world?

Human Rights Council

Twenty-ninth session

Agenda item 7

Human rights situation in Palestine and other
occupied Arab territories

                         Bolivia (Plurinational State of), Cuba, Ecuador,* Namibia, Nicaragua,* Pakistan (on behalf of the Organization of Islamic Cooperation), Tunisia* (on behalf of the Group of Arab States), Venezuela (Bolivarian Republic of): draft resolution

29/…  Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem

       The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the relevant rules and principles of international law, including international humanitarian law and human rights law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

Recalling also the Universal Declaration of Human Rights and the other human rights covenants, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child,

Recalling further its relevant resolutions, including resolutions S-9/1 of 12 January 2009 and S-21/1 of 23 July 2014, and the report of the United Nations Fact-Finding Mission on the Gaza Conflict,[1]

Expressing its appreciation to the independent commission of inquiry on the 2014 Gaza conflict for its comprehensive report,[2]

Affirming the obligation of all parties to respect international humanitarian law and international human rights law,

Emphasizing the importance of the safety and well-being of all civilians, reaffirming the obligation to ensure the protection of civilians in armed conflict, and deploring the civilian deaths that resulted from the conflict in and around the Gaza Strip in July and August 2014, including the killing of 1,462 Palestinian civilians, including 551 children and 299 women, and six Israeli civilians,

Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law, including possible war crimes, committed in the context of the military operations conducted in the Occupied Palestinian Territory in 2008 and 2009 and in 2014, particularly in the Gaza Strip, including the findings of the United Nations Fact-Finding Mission on the Gaza Conflict, of the independent commission of inquiry on the 2014 Gaza conflict, and of the boards of inquiry convened by the Secretary-General,

Condemning all violations of human rights and of international humanitarian law, and appalled at the widespread and unprecedented levels of destruction, death and human suffering caused,

Stressing the urgency of achieving without delay an end to the Israeli occupation that began in 1967,

Deploring the non-cooperation by Israel with the independent commission of inquiry on the 2014 Gaza conflict and the refusal to grant access to or to cooperate with international human rights bodies seeking to investigate alleged violations of international law in the Occupied Palestinian Territory, including East Jerusalem,

Regretting the lack of implementation of the recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict, which follows a pattern of lack of implementation of recommendations made by United Nations mechanisms and bodies,

Alarmed that long-standing systemic impunity for international law violations has allowed for the recurrence of grave violations without consequence, and stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,

Emphasizing the need for States to investigate grave breaches of the Geneva Conventions of 1949 to end impunity, uphold their obligations to ensure respect, and promote international accountability,

Noting the accession by Palestine to the Rome Statute of the International Criminal Court on 2 January 2015,

  1. Welcomes the report of the independent commission of inquiry on the 2014 Gaza conflict;2
  2. Calls upon all duty bearers and United Nations bodies to pursue the implementation of all recommendations contained in the report of the commission of inquiry, in accordance with their respective mandates;
  3. Notes the importance of the work of the commission of inquiry and of the United Nations Fact-Finding Mission on the Gaza Conflict of 2009 and the information collected regarding grave violations in support of future accountability efforts, in particular, information on alleged perpetrators of violations of international law;
  4. Emphasizes the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account through appropriate fair and independent domestic or international criminal justice mechanisms, and to ensure the right of all victims to an effective remedy, including full reparations, and stresses the need to pursue practical steps towards these goals;
  5. Calls upon the parties concerned to cooperate fully with the preliminary examination of the International Criminal Court and with any subsequent investigation that may be opened;
  6. Calls upon all States to promote compliance with human rights obligations and all High Contracting Parties to the Fourth Geneva Convention to respect, and to ensure respect for, international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfil their obligations under articles 146, 147 and 148 of the said Convention with regard to penal sanctions, grave breaches and the responsibilities of the High Contracting Parties;
  7. Recommends that the General Assembly remain apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations made by the United Nations Fact-Finding Mission on the Gaza Conflict in its report has been or is being taken appropriately at the domestic or international levels to ensure justice for victims and accountability for perpetrators;
  8. Requests the United Nations High Commissioner for Human Rights to present, as part of the reporting requested by the Human Rights Council in its resolutions S-9/1 and S-12/1, a report on the implementation of the present resolution, as well as on the implementation of the recommendations contained in the reports of the independent commission of inquiry on the 2014 Gaza conflict and of the United Nations Fact-Finding Mission on the Gaza Conflict, to the Council at its thirty-first session;
  9. Decides to remain seized of the matter.

                                *    Non-member State of the Human Rights Council.

                     [1]   A/HRC/12/48.

                     [2]   A/HRC/29/52.

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Filed under Gaza, Israel, Israel Defense Forces, United Nations, US Policy