4 oct 2009
Children play among the ruins of homes in the Gaza Izbet Abed Rabbo area
Palestinian President Mahmoud Abbas ordered an investigation into why his own government delayed international action on a United Nations report calling for investigations on alleged Israeli war crimes in the Gaza Strip.
Reacting to this decision, the ruling Hamas movement in Gaza said the investigation was not enough. Party spokesperson Ismail Radwan said since Abbas is himself the head of the Palestine Liberation Organization (PLO), he cannot investigate the PLO’s actions.
“We do not need to form a national investigating committee but to form a committee to bring to account those responsible [for the decision,]" Radwan said.
There was an outpouring of public anger at Abbas and his leadership when the PLO mission to the UN in Geneva dropped its endorsement of Justice Richard Goldstone’s report in the UN Human Rights Council last week. The PLO’s move, reportedly under US pressure, led the Council to delay action on Gaza until March 2010.
The secretary of the PLO Executive Committee, Yasser Abed Rabbo said in a statement, “after deliberations among President Abbas and members of the Executive Committee of the PLO, Prime Minister Salam Fayyad, President Abbas issued a decree to form a committee to find the reasons behind postponement of the debate on Goldstone’s report at the UN Human Rights Council.
“The mission of the committee will be specifying the responsibilities concerning this issue and to submit a report to PLO Executive Committee within two weeks,” the statement added.
National consensus against deferral
In Gaza, the leaders of nationalist and Islamic political factions held a meeting to discuss the deferral of action on the UN’s report on Gaza. After the meeting, Islamic Jihad leader Muhammad Al-Hindi said that the factions agreed there needed to be an independent investigation into how the decision was made.
Al-Hindi said the factions also agreed to hold a “popular conference” in Gaza on Monday to give voice to what he said was a “national consensus” against “this dangerous precedent.”
“Those convening [the meeting] reject all of the naïve, misleading, contradictory justifications that were mentioned to excuse the postponement decision.”
Al-Hindi also said the groups praised the PLO itself for opposing the deferral and seeking an independent investigation.
Gaza-based Fatah leader Abdullah Abu Samhadana said his movement is part of a national consensus that rejects the decision to postpone action on the Goldstone report.
The PLO’s apparent capitulation in the Human Rights Council was widely denounced by the political factions, civil society organizations and the families of the victims of Israel’s three-week assault on Gaza last winter.
The latest official to condemn the PLO’s actions in the Human Rights Council was Salim Zanoun, the speaker of the Palestinian National Council (PNC). In a statement issued on Sunday afternoon, he said he was “shocked” at the decision to delay action on the report.
Zanoun said he supported calls for an investigation to find out who was responsible for the Geneva move.
According to the news agency AFP, Palestinian Authority Minister of National Economy Bassem Khoury tendered his resignation over the PA's involvement in the deferral of the Goldstone report. In an interview with Ma’an however, he refused to confirm or deny this report.
Also on Saturday, a coalition of 16 Palestinian human rights and legal organizations condemned the PA and PLO leadership in a news conference in Gaza.
“As human rights organizations we strongly condemn the Palestinian leaderships’ decision to defer the proposal endorsing all the recommendations of the Fact Finding Mission, and the pressure exerted by certain members of the international community,” the organizations said in a statement read at the news conference.
“Justice delayed is justice denied,” the groups said.
Palestinian President Mahmoud Abbas ordered an investigation into why his own government delayed international action on a United Nations report calling for investigations on alleged Israeli war crimes in the Gaza Strip.
Reacting to this decision, the ruling Hamas movement in Gaza said the investigation was not enough. Party spokesperson Ismail Radwan said since Abbas is himself the head of the Palestine Liberation Organization (PLO), he cannot investigate the PLO’s actions.
“We do not need to form a national investigating committee but to form a committee to bring to account those responsible [for the decision,]" Radwan said.
There was an outpouring of public anger at Abbas and his leadership when the PLO mission to the UN in Geneva dropped its endorsement of Justice Richard Goldstone’s report in the UN Human Rights Council last week. The PLO’s move, reportedly under US pressure, led the Council to delay action on Gaza until March 2010.
The secretary of the PLO Executive Committee, Yasser Abed Rabbo said in a statement, “after deliberations among President Abbas and members of the Executive Committee of the PLO, Prime Minister Salam Fayyad, President Abbas issued a decree to form a committee to find the reasons behind postponement of the debate on Goldstone’s report at the UN Human Rights Council.
“The mission of the committee will be specifying the responsibilities concerning this issue and to submit a report to PLO Executive Committee within two weeks,” the statement added.
National consensus against deferral
In Gaza, the leaders of nationalist and Islamic political factions held a meeting to discuss the deferral of action on the UN’s report on Gaza. After the meeting, Islamic Jihad leader Muhammad Al-Hindi said that the factions agreed there needed to be an independent investigation into how the decision was made.
Al-Hindi said the factions also agreed to hold a “popular conference” in Gaza on Monday to give voice to what he said was a “national consensus” against “this dangerous precedent.”
“Those convening [the meeting] reject all of the naïve, misleading, contradictory justifications that were mentioned to excuse the postponement decision.”
Al-Hindi also said the groups praised the PLO itself for opposing the deferral and seeking an independent investigation.
Gaza-based Fatah leader Abdullah Abu Samhadana said his movement is part of a national consensus that rejects the decision to postpone action on the Goldstone report.
The PLO’s apparent capitulation in the Human Rights Council was widely denounced by the political factions, civil society organizations and the families of the victims of Israel’s three-week assault on Gaza last winter.
The latest official to condemn the PLO’s actions in the Human Rights Council was Salim Zanoun, the speaker of the Palestinian National Council (PNC). In a statement issued on Sunday afternoon, he said he was “shocked” at the decision to delay action on the report.
Zanoun said he supported calls for an investigation to find out who was responsible for the Geneva move.
According to the news agency AFP, Palestinian Authority Minister of National Economy Bassem Khoury tendered his resignation over the PA's involvement in the deferral of the Goldstone report. In an interview with Ma’an however, he refused to confirm or deny this report.
Also on Saturday, a coalition of 16 Palestinian human rights and legal organizations condemned the PA and PLO leadership in a news conference in Gaza.
“As human rights organizations we strongly condemn the Palestinian leaderships’ decision to defer the proposal endorsing all the recommendations of the Fact Finding Mission, and the pressure exerted by certain members of the international community,” the organizations said in a statement read at the news conference.
“Justice delayed is justice denied,” the groups said.
The Palestinian Authority has come under fire from other factions including Hamas over its request from the UN Human Rights Council to defer a UN vote over Israeli war crimes in Gaza.
Taher Al-Nouno, a Hamas spokesperson in Gaza, said the PA’s request constitutes “a serious crime against our people, a betrayal to the blood of our martyrs and collaboration with the Zionist enemy and cooperation with it in the war and aggression on Gaza.”
“Not adopting the report means giving the green light to the occupation forces to carry out more war crimes against the Gaza Strip as long as it will not be held accountable for its actions with a Palestinian cover”, Arab news quoted him as saying.
Palestinian Economy Minister Bassem Khuri resigned on Saturday to protest the “Palestinian Authority’s agreement not to discuss the Goldstone Report,” an official close to him said.
The adoption of the report, which looked into Israel’s military campaign in the Gaza Strip earlier this year, was deferred by six months after the Palestinian Authority on Thursday decided to drop its draft resolution condemning Israel’s conduct during the offensive.
The PA had originally planned to present the draft to the council for a vote in Geneva on Friday.
Mohammed Al-Hindi, a senior Islamic Jihad official, said: “While we are celebrating the release of our prisoners from the Zionist prison, the PA continues to cooperate with the Israeli plot to erase signs of the massacre against the Palestinian people.”
The Popular Front for the Liberation of Palestine, the Democratic Front for the Liberation of Palestine and the Palestine People Party also condemned the PA’s decision and called for the PLO’s executive committee to convene to discuss the issue.
The Popular Front for the Liberation of Palestine has described Fatah’s decision as an instance of “capitulation to Israeli dictates.”
For their part, 14 Palestinian human rights organizations said the PA’s request “deprived the Palestinian people of an effective judicial investigation and from the protection of the law.”
Schools all over the Gaza Strip went on strike in protest at the PA’s decision.
Sources say the administration of U-S President Barack Obama has forced the decision on Fatah.
The report issued by UN human rights investigator Richard Goldstone has strongly criticized Israel over its 22-day offensive on the Gaza Strip and called for the prosecution of Israeli officials.
Taher Al-Nouno, a Hamas spokesperson in Gaza, said the PA’s request constitutes “a serious crime against our people, a betrayal to the blood of our martyrs and collaboration with the Zionist enemy and cooperation with it in the war and aggression on Gaza.”
“Not adopting the report means giving the green light to the occupation forces to carry out more war crimes against the Gaza Strip as long as it will not be held accountable for its actions with a Palestinian cover”, Arab news quoted him as saying.
Palestinian Economy Minister Bassem Khuri resigned on Saturday to protest the “Palestinian Authority’s agreement not to discuss the Goldstone Report,” an official close to him said.
The adoption of the report, which looked into Israel’s military campaign in the Gaza Strip earlier this year, was deferred by six months after the Palestinian Authority on Thursday decided to drop its draft resolution condemning Israel’s conduct during the offensive.
The PA had originally planned to present the draft to the council for a vote in Geneva on Friday.
Mohammed Al-Hindi, a senior Islamic Jihad official, said: “While we are celebrating the release of our prisoners from the Zionist prison, the PA continues to cooperate with the Israeli plot to erase signs of the massacre against the Palestinian people.”
The Popular Front for the Liberation of Palestine, the Democratic Front for the Liberation of Palestine and the Palestine People Party also condemned the PA’s decision and called for the PLO’s executive committee to convene to discuss the issue.
The Popular Front for the Liberation of Palestine has described Fatah’s decision as an instance of “capitulation to Israeli dictates.”
For their part, 14 Palestinian human rights organizations said the PA’s request “deprived the Palestinian people of an effective judicial investigation and from the protection of the law.”
Schools all over the Gaza Strip went on strike in protest at the PA’s decision.
Sources say the administration of U-S President Barack Obama has forced the decision on Fatah.
The report issued by UN human rights investigator Richard Goldstone has strongly criticized Israel over its 22-day offensive on the Gaza Strip and called for the prosecution of Israeli officials.
Palestinian factions in the Gaza Strip have condemned the decision by the UN to defer voting on the Goldstone report, that highlighted war crimes by Israel and Hamas during the formers’ offensive on the territory in December.
The factions, including Hamas, Fatah and Islamic Jihad, met in Gaza City on Sunday and will form a joint committee to investigate why the vote was delayed.
Bassem Khuri, the Palestinian economy minister, resigned on Saturday, reportedly in protest at the Palestinian Authority’s (PA) agreement not to discuss the document.
The UN Human Rights Council (UNHRC) postponed a vote to endorse the report until March after Pakistan made a request to do so on the behest of several Arab, African and Muslim nations.
The 575-page report by Richard Goldstone, a South African ex-judge appointed by the UN, blames both the Israelis and Hamas for war crimes, but is more critical of Israeli troops for “targeting and terrorising civilians”.
‘US pressure’
Media reports said that the Palestine Liberation Organisation (PLO) delegation to the UNHRC had attempted to prevent discussion of the report under US pressure.
There are no members of Hamas – the de facto rulers of the Gaza Strip - on the delegation.
Earlier on Sunday, Mohammed Dahlan, a member of Fatah’s central council, asked the PLO Executive Committee for an official probe into the reasons for the delay in the vote.
“We call on the Palestine Liberation Organisation to form an investigation committee into the causes of asking for a postponement to reach the truth about the situation and it is important to listen to Ambassador Khreisheh [the Palestinian representative at the UN in Geneva] because this is not related to the ambassador but rather to policies,” Dahlan said.
He welcomed the report and praised its content and the integrity of the author.
He said that the Goldstone report is a “substantial national issue that relatively vindicated the Palestinian people and condemned the [Israeli] occupation and its policies”.
‘Defeatist’
Other PLO factions, parliamentary groups and human rights organisations have been criticising the vote delay.
The Popular Front for the Liberation of Palestine called the step “defeatist” while the secretary general of the People’s Party called for an official investigation.
A joint statement by 14 human rights organisations, called “Justice Postponed is Justice Denied”, was also released, harshly criticising the Palestinian leadership’s conduct on the issue.
The Goldstone report, released last month, investigated the Israeli offensive on the Gaza Strip last December and January.
About 1,300 Palestinians were killed in Israeli attacks, while 13 Israelis died due to incidents related to the war.
Many analysts have said that Washington sees the findings of the report as complicating the advancement of peace talks between Israel and the Palestinians.
The factions, including Hamas, Fatah and Islamic Jihad, met in Gaza City on Sunday and will form a joint committee to investigate why the vote was delayed.
Bassem Khuri, the Palestinian economy minister, resigned on Saturday, reportedly in protest at the Palestinian Authority’s (PA) agreement not to discuss the document.
The UN Human Rights Council (UNHRC) postponed a vote to endorse the report until March after Pakistan made a request to do so on the behest of several Arab, African and Muslim nations.
The 575-page report by Richard Goldstone, a South African ex-judge appointed by the UN, blames both the Israelis and Hamas for war crimes, but is more critical of Israeli troops for “targeting and terrorising civilians”.
‘US pressure’
Media reports said that the Palestine Liberation Organisation (PLO) delegation to the UNHRC had attempted to prevent discussion of the report under US pressure.
There are no members of Hamas – the de facto rulers of the Gaza Strip - on the delegation.
Earlier on Sunday, Mohammed Dahlan, a member of Fatah’s central council, asked the PLO Executive Committee for an official probe into the reasons for the delay in the vote.
“We call on the Palestine Liberation Organisation to form an investigation committee into the causes of asking for a postponement to reach the truth about the situation and it is important to listen to Ambassador Khreisheh [the Palestinian representative at the UN in Geneva] because this is not related to the ambassador but rather to policies,” Dahlan said.
He welcomed the report and praised its content and the integrity of the author.
He said that the Goldstone report is a “substantial national issue that relatively vindicated the Palestinian people and condemned the [Israeli] occupation and its policies”.
‘Defeatist’
Other PLO factions, parliamentary groups and human rights organisations have been criticising the vote delay.
The Popular Front for the Liberation of Palestine called the step “defeatist” while the secretary general of the People’s Party called for an official investigation.
A joint statement by 14 human rights organisations, called “Justice Postponed is Justice Denied”, was also released, harshly criticising the Palestinian leadership’s conduct on the issue.
The Goldstone report, released last month, investigated the Israeli offensive on the Gaza Strip last December and January.
About 1,300 Palestinians were killed in Israeli attacks, while 13 Israelis died due to incidents related to the war.
Many analysts have said that Washington sees the findings of the report as complicating the advancement of peace talks between Israel and the Palestinians.
3 oct 2009
The six-months between now and the next UN Human Rights Council meeting must be used by Israelis and Palestinians to conduct the independent investigations into war crimes they committed, as the Goldstone report suggested, and the governments must report their progress on their inquiries to the UN Security Council, Amnesty International suggested Saturday.
Human Rights Watch echoed the call, saying US intervention to quash a vote on the report “obliges the United States and other governments blocking action at the council to press Israel and Hamas to commence credible investigations.”
The calls were precipitated by representative of Pakistan to the UN Human Rights council Zamir Akram, speaking on behalf of the Organization of the Islamic Conference (OIC), the Arab group, the African group and the Non-Aligned Movement (NAM), requesting that discussion of the resolution on the Goldstone report - whether or not to endorse its findings - be deferred until the next session to allow more time for members to consider the contents of the fact-finding probe.
In effect, the report has been sidelined until March 2010.
Palestinians from all political walks came out and condemned the move calling it a betrayal of the more than 1,400 Gazans killed during the Israeli war, with demands for the Palestine Liberation Organization to justify their actions coming from a coalition of Palestinian human rights organizations, and strong accusations of American pressure to make the move.
US Assistant Secretary for International Organizations and representative at the UN Human Rights Council Esther Brimmer did not deny US pressure for dropping the vote on the resolution. In a news conference in Washington DC on Friday, she said the United States was “grateful that that’s the approach that was taken by the parties to the report at this point. And the parties will now continue to look at it and prepare for the next session in March.”
Asked directly how much pressure the US put on Palestine to drop the report, Brimmer said, “This was an issue for those who brought the resolution, and I’m not going to comment on views and activities of others to say that we were happy to see that the parties were working constructively at the Human Rights Council.”
In their response to the sequence of events, Amnesty highlighted the remaining possibilities to retain the spirit of the Goldstone report. “Deferral provides both the Israeli government and the Hamas de facto administration in Gaza with one last opportunity to conduct independent investigations, meeting international standards, into violations that took place during the conflict,” the organization suggested.
With that in mind the group called on UN Secretary General Ban Ki Moon “to refer the report to the UN Security Council without delay,” so the Seurity Council can monitor the progress of the independent investigations.
"If, within the set period of six months, the Israeli Government and the Hamas administration have proved unable or unwilling to conduct credible investigations, then the Security Council should refer the situation to the Prosecutor of the International Criminal Court," the Amnesty statement concluded.
Human Rights Watch echoed the call, saying US intervention to quash a vote on the report “obliges the United States and other governments blocking action at the council to press Israel and Hamas to commence credible investigations.”
The calls were precipitated by representative of Pakistan to the UN Human Rights council Zamir Akram, speaking on behalf of the Organization of the Islamic Conference (OIC), the Arab group, the African group and the Non-Aligned Movement (NAM), requesting that discussion of the resolution on the Goldstone report - whether or not to endorse its findings - be deferred until the next session to allow more time for members to consider the contents of the fact-finding probe.
In effect, the report has been sidelined until March 2010.
Palestinians from all political walks came out and condemned the move calling it a betrayal of the more than 1,400 Gazans killed during the Israeli war, with demands for the Palestine Liberation Organization to justify their actions coming from a coalition of Palestinian human rights organizations, and strong accusations of American pressure to make the move.
US Assistant Secretary for International Organizations and representative at the UN Human Rights Council Esther Brimmer did not deny US pressure for dropping the vote on the resolution. In a news conference in Washington DC on Friday, she said the United States was “grateful that that’s the approach that was taken by the parties to the report at this point. And the parties will now continue to look at it and prepare for the next session in March.”
Asked directly how much pressure the US put on Palestine to drop the report, Brimmer said, “This was an issue for those who brought the resolution, and I’m not going to comment on views and activities of others to say that we were happy to see that the parties were working constructively at the Human Rights Council.”
In their response to the sequence of events, Amnesty highlighted the remaining possibilities to retain the spirit of the Goldstone report. “Deferral provides both the Israeli government and the Hamas de facto administration in Gaza with one last opportunity to conduct independent investigations, meeting international standards, into violations that took place during the conflict,” the organization suggested.
With that in mind the group called on UN Secretary General Ban Ki Moon “to refer the report to the UN Security Council without delay,” so the Seurity Council can monitor the progress of the independent investigations.
"If, within the set period of six months, the Israeli Government and the Hamas administration have proved unable or unwilling to conduct credible investigations, then the Security Council should refer the situation to the Prosecutor of the International Criminal Court," the Amnesty statement concluded.
A spokesperson for the Popular Front for the Liberation of Palestine (PFLP) slammed the role of the Palestinian Authority in postponing discussion Saturday of the UN-backed Golstone report by the UN Human Rights Council.
The spokesperson described the PA decision as “irresponsible” and one that deeply harms the Palestinian struggle. He said the report exposed the nature of the Israeli occupation and its continuous violations of human rights in Palestine and that it deserved to be discussed.
In his statement, the PFLP spokesperson said the PA request to delay the Goldstone report was putting to waste what could have been a major tool in the Palestinian struggle, and in fact encourages Israel and Israeli forces to continue to practice oppression against the Palestinian people. “There are no justifications for these actions,” a statement said.
When probed for a rationale PA sources said they wanted “unanimity” in the Human Rights Council on the report, and noted discussion on the matter would have a negative influence on the peace negotiations. According to the PFLP, the move is evidence that the “PA is yielding to US and Israeli directives.”
On Friday Hamas spokesman Taher An-Nunu in Gaza said the PA had asked Pakistan to call for a deferral on the Goldstone report. He called PA conduct a “betrayal of the Palestinians and of the blood of those killed.”
Gaza report vote delay angers Hamas
Hamas officials have condemned as “betrayal” the Palestinian Authority’s decision to support a delay in voting on the UN-sanctioned report on Israel’s war on the Gaza Strip.
The West Bank-based Palestinian Authority on Friday backed moves to postpone the vote at the UN Human Rights Council until March, saying the postponement would help in achieving greater consensus on adopting the report.
“This … represents a betrayal of the Palestinian cause and confirms the extent of the collaboration between Abbas [Palestinian president Mahmoud Abbas] and his aides with the Zionist enemy, against the Palestinian people,” Mushir al-Masri, a Hamas legislator, said on Friday.
Fawzi Barhoum, a senior Hamas official, echoed al-Masri’s remarks, accusing Abbas of helping Israel protect its leaders from international prosecution over the 22-day conflict, which left more than 1,400 Palestinians dead.
“We insist that leaders of the occupation must be brought before international courts as war criminals and anyone who sought to prevent that from happening would be seen as partner in the crime,” he said.
‘Fullest consensus’
But Imad Zuhairi, the Palestinian deputy permanent observer at the Human Rights Council, told Al Jazeera that the “historic importance” of the resolution meant it was important to get the fullest possible consensus at the 47-member body.
Adoption of the report would mean that it is referred to the UN Security Council for further action.
The Palestinian delegation said that there was also a realisation that current attempts to renew negotiations between Israelis and Palestinians would be severely impacted by an insistence that the vote be held at this stage.
On Thursday, Binyamin Netanyahu, the Israeli prime minister, said any action to endorse the report would strike a fatal blow to the stalled peace process between Israelis and the Palestinians.
The Council had been due to vote on Friday on a resolution that would have condemned Israel’s failure to co-operate with Richard Goldstone’s investigation into alleged war crimes during the conflict.
“The report wasn’t withdrawn,” Nimr Hamad, an aide to Abbas, said as he defended the decision to support the postponement. “It’s still there.”
War crimes
The report concluded that both the Israeli armed forces and Palestinian fighters committed war crimes in the December-January conflict, but it was more critical of Israel, saying that its soldiers deliberately targeted civilians and used disproportionate force.
Esther Brimmer, the US assistant-secretary of state for international organisation affairs, welcomed the decision to delay the vote, saying that Washington would now concentrate on working towards renewing negotiations between the two sides.
“We appreciate the decision to defer consideration of the Goldstone report and will continue to focus on working with Israel and the Palestinian Authority to relaunch permanent status negotiations as soon as possible,”she said.
“We also encourage domestic investigations of credible allegations of violations of international human rights and humanitarian law.”
Goldstone has recommended that the Security Council refer the matter to the International Criminal Court if the two sides fail to conduct credible domestic investigations into the report’s findings within six months.
PA denies role in postponing UN report debate
President Mahmoud Abbas’ spokesman denied reports on Friday that the Palestinian Authority had dropped its support for the UN-backed Goldstone report earlier the same day in Geneva.
In a carefully worded statement, Nabil Abu Rudeinah said the postponement came after a request from Russia, the United States, and Europe, in a move that was welcomed by other parties at the UN Human Rights Council.
The spokesman did not explain why the PLO’s ambassador to the UN, Ibrahim Khraishi, was quoted on Thursday night as saying that “we decided to defer the matter” when asked by reporters investigating reports that he intended to delay the matter.
Abu Rudeinah said the PA never requested that the issue be removed, withdrawn or delayed, and that South African justice Richard Goldstone’s report still had the full support of the Fatah-led PA government in Ramallah.
The PLO’s top negotiator, Saeb Erekat, issued a similar denial hours before the vote was set to take place. “The decision stands, and this report [that the Palestinians would defer the matter] is untrue. There has been no change in our position.”
The spokesperson described the PA decision as “irresponsible” and one that deeply harms the Palestinian struggle. He said the report exposed the nature of the Israeli occupation and its continuous violations of human rights in Palestine and that it deserved to be discussed.
In his statement, the PFLP spokesperson said the PA request to delay the Goldstone report was putting to waste what could have been a major tool in the Palestinian struggle, and in fact encourages Israel and Israeli forces to continue to practice oppression against the Palestinian people. “There are no justifications for these actions,” a statement said.
When probed for a rationale PA sources said they wanted “unanimity” in the Human Rights Council on the report, and noted discussion on the matter would have a negative influence on the peace negotiations. According to the PFLP, the move is evidence that the “PA is yielding to US and Israeli directives.”
On Friday Hamas spokesman Taher An-Nunu in Gaza said the PA had asked Pakistan to call for a deferral on the Goldstone report. He called PA conduct a “betrayal of the Palestinians and of the blood of those killed.”
Gaza report vote delay angers Hamas
Hamas officials have condemned as “betrayal” the Palestinian Authority’s decision to support a delay in voting on the UN-sanctioned report on Israel’s war on the Gaza Strip.
The West Bank-based Palestinian Authority on Friday backed moves to postpone the vote at the UN Human Rights Council until March, saying the postponement would help in achieving greater consensus on adopting the report.
“This … represents a betrayal of the Palestinian cause and confirms the extent of the collaboration between Abbas [Palestinian president Mahmoud Abbas] and his aides with the Zionist enemy, against the Palestinian people,” Mushir al-Masri, a Hamas legislator, said on Friday.
Fawzi Barhoum, a senior Hamas official, echoed al-Masri’s remarks, accusing Abbas of helping Israel protect its leaders from international prosecution over the 22-day conflict, which left more than 1,400 Palestinians dead.
“We insist that leaders of the occupation must be brought before international courts as war criminals and anyone who sought to prevent that from happening would be seen as partner in the crime,” he said.
‘Fullest consensus’
But Imad Zuhairi, the Palestinian deputy permanent observer at the Human Rights Council, told Al Jazeera that the “historic importance” of the resolution meant it was important to get the fullest possible consensus at the 47-member body.
Adoption of the report would mean that it is referred to the UN Security Council for further action.
The Palestinian delegation said that there was also a realisation that current attempts to renew negotiations between Israelis and Palestinians would be severely impacted by an insistence that the vote be held at this stage.
On Thursday, Binyamin Netanyahu, the Israeli prime minister, said any action to endorse the report would strike a fatal blow to the stalled peace process between Israelis and the Palestinians.
The Council had been due to vote on Friday on a resolution that would have condemned Israel’s failure to co-operate with Richard Goldstone’s investigation into alleged war crimes during the conflict.
“The report wasn’t withdrawn,” Nimr Hamad, an aide to Abbas, said as he defended the decision to support the postponement. “It’s still there.”
War crimes
The report concluded that both the Israeli armed forces and Palestinian fighters committed war crimes in the December-January conflict, but it was more critical of Israel, saying that its soldiers deliberately targeted civilians and used disproportionate force.
Esther Brimmer, the US assistant-secretary of state for international organisation affairs, welcomed the decision to delay the vote, saying that Washington would now concentrate on working towards renewing negotiations between the two sides.
“We appreciate the decision to defer consideration of the Goldstone report and will continue to focus on working with Israel and the Palestinian Authority to relaunch permanent status negotiations as soon as possible,”she said.
“We also encourage domestic investigations of credible allegations of violations of international human rights and humanitarian law.”
Goldstone has recommended that the Security Council refer the matter to the International Criminal Court if the two sides fail to conduct credible domestic investigations into the report’s findings within six months.
PA denies role in postponing UN report debate
President Mahmoud Abbas’ spokesman denied reports on Friday that the Palestinian Authority had dropped its support for the UN-backed Goldstone report earlier the same day in Geneva.
In a carefully worded statement, Nabil Abu Rudeinah said the postponement came after a request from Russia, the United States, and Europe, in a move that was welcomed by other parties at the UN Human Rights Council.
The spokesman did not explain why the PLO’s ambassador to the UN, Ibrahim Khraishi, was quoted on Thursday night as saying that “we decided to defer the matter” when asked by reporters investigating reports that he intended to delay the matter.
Abu Rudeinah said the PA never requested that the issue be removed, withdrawn or delayed, and that South African justice Richard Goldstone’s report still had the full support of the Fatah-led PA government in Ramallah.
The PLO’s top negotiator, Saeb Erekat, issued a similar denial hours before the vote was set to take place. “The decision stands, and this report [that the Palestinians would defer the matter] is untrue. There has been no change in our position.”
2 oct 2009
The UN Human Rights Council has deferred its response to a report on the recent conflict in Gaza.
The report says Israel and Palestinian militants committed war crimes, and possible crimes against humanity, during the Israeli offensive in Gaza.
The report has come under sustained attack from Israel and its supporters.
The council, which since last month includes the US, failed to agree on a draft resolution endorsing the report. It will now be considered in March.
Palestinian officials denied the deferral was a victory for Israel.
It was reported earlier on Friday that the Palestinian Authority had withdrawn its support for a resolution endorsing the report, after strong pressure from Washington, but this was strongly denied by Palestinian officials.
'More time'
The Human Rights Council had been due to vote on Friday on a resolution that would have forwarded the report, written by leading South African judge Richard Goldstone, to the Security Council.
But Pakistan, speaking for Arab, Islamic and African sponsors of a resolution, formally asked for it to be deferred until the next regular session in March, to "give more time for a broad-based and comprehensive consideration", Pakistan's envoy Zamir Akram said.
Palestinian deputy ambassador Imad Zuhairi told the Associated Press that the deferral was a result of his government's desire to build broad international support for action next year.
"This is not a victory for Israel. The report is there and we will ensure that the report remains alive," Mr Zuhairi said.
'Blow to peace'
On Thursday Israeli PM Benjamin Netanyahu said the report's endorsement would deal "a fatal blow" to peace.
The 574-page UN Human Rights Council report accused both the Israeli army and Palestinian militants of deliberately terrorising and killing civilians on the other side.
It urged the UN Security Council to refer allegations to the International Criminal Court (ICC) if either side failed to investigate and prosecute suspects.
The report has been widely praised by human rights groups but Israeli allies like the US have criticised its conclusions.
Israeli military action destroyed thousands of homes, hundreds of factories and 80 official buildings.
Palestinians and human rights groups say more than 1,400 people were killed in the violence between 27 December 2008 and 16 January 2009, more than half of them civilians.
Israel puts the number of deaths at 1,166 - fewer than 300 of them civilians. Three Israeli civilians and 10 Israeli soldiers were also killed.
The report says Israel and Palestinian militants committed war crimes, and possible crimes against humanity, during the Israeli offensive in Gaza.
The report has come under sustained attack from Israel and its supporters.
The council, which since last month includes the US, failed to agree on a draft resolution endorsing the report. It will now be considered in March.
Palestinian officials denied the deferral was a victory for Israel.
It was reported earlier on Friday that the Palestinian Authority had withdrawn its support for a resolution endorsing the report, after strong pressure from Washington, but this was strongly denied by Palestinian officials.
'More time'
The Human Rights Council had been due to vote on Friday on a resolution that would have forwarded the report, written by leading South African judge Richard Goldstone, to the Security Council.
But Pakistan, speaking for Arab, Islamic and African sponsors of a resolution, formally asked for it to be deferred until the next regular session in March, to "give more time for a broad-based and comprehensive consideration", Pakistan's envoy Zamir Akram said.
Palestinian deputy ambassador Imad Zuhairi told the Associated Press that the deferral was a result of his government's desire to build broad international support for action next year.
"This is not a victory for Israel. The report is there and we will ensure that the report remains alive," Mr Zuhairi said.
'Blow to peace'
On Thursday Israeli PM Benjamin Netanyahu said the report's endorsement would deal "a fatal blow" to peace.
The 574-page UN Human Rights Council report accused both the Israeli army and Palestinian militants of deliberately terrorising and killing civilians on the other side.
It urged the UN Security Council to refer allegations to the International Criminal Court (ICC) if either side failed to investigate and prosecute suspects.
The report has been widely praised by human rights groups but Israeli allies like the US have criticised its conclusions.
Israeli military action destroyed thousands of homes, hundreds of factories and 80 official buildings.
Palestinians and human rights groups say more than 1,400 people were killed in the violence between 27 December 2008 and 16 January 2009, more than half of them civilians.
Israel puts the number of deaths at 1,166 - fewer than 300 of them civilians. Three Israeli civilians and 10 Israeli soldiers were also killed.
The establishment of a state commission of inquiry to investigate the Goldstone report’s allegations of Israeli war crimes during Operation Cast Lead in Gaza is the only appropriate response the Israeli government can make.
Anyone who thought after the operation or who still thinks today that it is possible to dismiss charges that Israel is guilty of war crimes, and perhaps even crimes against humanity, without a serious, independent investigation is deluding himself. The internal probes the Israel Defense Forces conducted could assist an objective inquiry, but they cannot replace it. The gravity of the allegations necessitates a probe by a state commission of inquiry because this is a matter “of vital public importance,” as the Commissions of Inquiry Law puts it.
The Goldstone report stressed that only an independent investigation could prevent a complaint from being filed against Israel in the International Criminal Court in The Hague by a prosecutor acting at the Security Council’s behest. It is possible that Israel could prevent the case from being transferred to the ICC by diplomatic means, first and foremost America’s veto in the Security Council. But even if the United States backs it, the suspicions of disproportionate harm to Palestinian civilians who were not involved in terror will continue to weigh on Israel’s moral image and international standing.
An external investigation is needed not only because of the fear that Israeli ministers and army officers will be arrested overseas, but also because of Israel’s own domestic interest in investigating what happened and whether it was justified. The Israeli public deserves and needs to know whether IDF soldiers, their officers and their political overseers acted legally and morally during the Gaza operation. It is also important for a body outside the army to lay down rules on what is permitted and forbidden during military operations conducted in a civilian environment.
A commission of inquiry whose members are appointed by the Supreme Court president and which is chaired by a current or former Supreme Court justice will enjoy both local prestige and international recognition. The commission of inquiry into a 1982 massacre in two Beirut refugee camps – which was headed by then-Supreme Court president Yitzhak Kahan and whose members included a future Supreme Court president, Aharon Barak – helped Israel defend itself against the charge that it was directly responsible for the massacre.
Prime Minister Benjamin Netanyahu and Defense Minister Ehud Barak oppose an external investigation into the events of Cast Lead, viewing this as a no-confidence vote in the army and its probes. Instead of examining whether there is any justice to Goldstone’s accusations, they are waging a diplomatic battle against him.
But they are wrong. Only a commission whose members are not appointed by the government will be trusted both at home and abroad. A governmental inquiry committee, or any other body whose members are appointed by the premier or defense minister, will not enjoy the necessary degree of local and international confidence, even if it is granted real investigative powers.
Only a state commission of inquiry headed by a jurist with an international reputation can address the Goldstone report with the requisite seriousness, clarify the suspicions of war crimes and lay down rules for the future. The government must authorize the establishment of such a commission, thereby demonstrating that it has nothing to hide and no one to protect.
Anyone who thought after the operation or who still thinks today that it is possible to dismiss charges that Israel is guilty of war crimes, and perhaps even crimes against humanity, without a serious, independent investigation is deluding himself. The internal probes the Israel Defense Forces conducted could assist an objective inquiry, but they cannot replace it. The gravity of the allegations necessitates a probe by a state commission of inquiry because this is a matter “of vital public importance,” as the Commissions of Inquiry Law puts it.
The Goldstone report stressed that only an independent investigation could prevent a complaint from being filed against Israel in the International Criminal Court in The Hague by a prosecutor acting at the Security Council’s behest. It is possible that Israel could prevent the case from being transferred to the ICC by diplomatic means, first and foremost America’s veto in the Security Council. But even if the United States backs it, the suspicions of disproportionate harm to Palestinian civilians who were not involved in terror will continue to weigh on Israel’s moral image and international standing.
An external investigation is needed not only because of the fear that Israeli ministers and army officers will be arrested overseas, but also because of Israel’s own domestic interest in investigating what happened and whether it was justified. The Israeli public deserves and needs to know whether IDF soldiers, their officers and their political overseers acted legally and morally during the Gaza operation. It is also important for a body outside the army to lay down rules on what is permitted and forbidden during military operations conducted in a civilian environment.
A commission of inquiry whose members are appointed by the Supreme Court president and which is chaired by a current or former Supreme Court justice will enjoy both local prestige and international recognition. The commission of inquiry into a 1982 massacre in two Beirut refugee camps – which was headed by then-Supreme Court president Yitzhak Kahan and whose members included a future Supreme Court president, Aharon Barak – helped Israel defend itself against the charge that it was directly responsible for the massacre.
Prime Minister Benjamin Netanyahu and Defense Minister Ehud Barak oppose an external investigation into the events of Cast Lead, viewing this as a no-confidence vote in the army and its probes. Instead of examining whether there is any justice to Goldstone’s accusations, they are waging a diplomatic battle against him.
But they are wrong. Only a commission whose members are not appointed by the government will be trusted both at home and abroad. A governmental inquiry committee, or any other body whose members are appointed by the premier or defense minister, will not enjoy the necessary degree of local and international confidence, even if it is granted real investigative powers.
Only a state commission of inquiry headed by a jurist with an international reputation can address the Goldstone report with the requisite seriousness, clarify the suspicions of war crimes and lay down rules for the future. The government must authorize the establishment of such a commission, thereby demonstrating that it has nothing to hide and no one to protect.
1 oct 2009
The Palestinian Authority on Thursday decided to drop its draft resolution condemning Israel’s conduct during the Gaza Strip offensive, in effect deferring its adoption of the Goldstone’s Commission report accusing both sides of war crimes.
The PA had originally planned to present to the Human Rights Council for a vote in Geneva on Friday. The decision not to pursue the resolution means that any similar effort will have to wait until at least March, a political source in Jerusalem said.
The source added that the decision appears to be based on pressure from the Obama administration, exerted by way of U.S. representatives in Geneva, as well as through contacts between Washington and Ramallah.
The Obama administration has told the Palestinians that a renewal of the peace process must come before any diplomatic initiatives based on the Goldstone report, or any other initiatives that could stifle efforts to renew Israel-PA negotiations.
Prime Minister Benjamin Netanyahu has stated in recent days that efforts to use the Goldstone report to advance anti-Israel measures in the Human Rights Council or the International Tribunal in The Hague will deal a death blow to the peace process.
Goldstone: I was naive to think Israel would assist Gaza probe
United Nations investigator Richard Goldstone, who recently released a report accusing Israel and Hamas of war crimes in the Gaza Strip, said on Thursday that he was naïve to have believed that Israel might have cooperated with his investigation.
“I believed that Israel would cooperate – it turned to be a naïve expectation, and the problem that we had obviously is to do as fair and complete a job as we could without Israel’s participation,” he said.
“We couldn’t go to Gaza through Israel, but had to make a long and tedious journey through Egypt four times. And it was a pity, as well as the constant referral to the original mandate, which became irrelevant,” he added.
“It excluded justification of the military operation and the Hamas shelling,” he said. “We looked only at the military operation on both sides in order to determine whether there were violation of the international law on both sides.”
Click here for more on the Goldstone commission report on the Gaza conflict
Goldstone, a South African judge, spoke to reporters in Washington two days after officially submitting his report to the UN Human Rights Council.
The report accuses Israel and Hamas of war crimes during their three-week conflict in Gaza in January and recommends that both be referred to the International Criminal Court for prosecution unless they carry out in-house investigations that the UN deems adequate within six months. The council is slated to vote on the matter tomorrow.
Goldstone told reporters that the American reaction to the report both “pleased and disappointed” him, again rejecting claims that his investigation was one-sided.
“I was pleased that our main recommendation – that there should be independent investigation – was accepted. And disappointed by the claims that the report was labeled not even-handed – no details were given. Both sides failed to make crucial distinction between the civilian population and combatants,” he said.
The investigator also blasted Prime Minister Benjamin Netanyahu’s criticism to that effect, saying”
“I think Netanyahu got wrong what our fact-finding mission was about. It wasn’t part of our mandate to check justification for the military actions – we took that as a given.”
“I think if the report achieves one good thing, it is to cause this debate in Israel,” he added. “It would be a healthy thing.”
Lieberman asks counterparts to blast Gaza report
Netanyahu and Foreign Minister Avigdor Lieberman discussed the matter to great extent over recent days, according to a political source in Jerusalem.
On Thursday, Lieberman met with the foreign ministers of 15 different countries, and asked them to support efforts to counter the Goldstone report.
In a conversation with foreign ministers from Brazil, Russia, and the European Union among others, Lieberman warned that the report is a dangerous development that could threaten the ability of democracies to defend themselves.
“This is only the first step,” Lieberman said, adding, “the next step will be similar efforts against NATO forces in Afghanistan and Russian forces in Chechnya.”
The source said that the PA’s decision to pull the proposal shows that they understand the serious consequences of such actions.
“This proves that we were right not to cooperate, and also proves that the Goldstone report was completely political and through diplomatic efforts we were able to scuttle it.”
“The clear Israeli message sent to all corners has been that it will be impossible to continue the peace process and extreme attacks on Israel at the same time.”
The PA had originally planned to present to the Human Rights Council for a vote in Geneva on Friday. The decision not to pursue the resolution means that any similar effort will have to wait until at least March, a political source in Jerusalem said.
The source added that the decision appears to be based on pressure from the Obama administration, exerted by way of U.S. representatives in Geneva, as well as through contacts between Washington and Ramallah.
The Obama administration has told the Palestinians that a renewal of the peace process must come before any diplomatic initiatives based on the Goldstone report, or any other initiatives that could stifle efforts to renew Israel-PA negotiations.
Prime Minister Benjamin Netanyahu has stated in recent days that efforts to use the Goldstone report to advance anti-Israel measures in the Human Rights Council or the International Tribunal in The Hague will deal a death blow to the peace process.
Goldstone: I was naive to think Israel would assist Gaza probe
United Nations investigator Richard Goldstone, who recently released a report accusing Israel and Hamas of war crimes in the Gaza Strip, said on Thursday that he was naïve to have believed that Israel might have cooperated with his investigation.
“I believed that Israel would cooperate – it turned to be a naïve expectation, and the problem that we had obviously is to do as fair and complete a job as we could without Israel’s participation,” he said.
“We couldn’t go to Gaza through Israel, but had to make a long and tedious journey through Egypt four times. And it was a pity, as well as the constant referral to the original mandate, which became irrelevant,” he added.
“It excluded justification of the military operation and the Hamas shelling,” he said. “We looked only at the military operation on both sides in order to determine whether there were violation of the international law on both sides.”
Click here for more on the Goldstone commission report on the Gaza conflict
Goldstone, a South African judge, spoke to reporters in Washington two days after officially submitting his report to the UN Human Rights Council.
The report accuses Israel and Hamas of war crimes during their three-week conflict in Gaza in January and recommends that both be referred to the International Criminal Court for prosecution unless they carry out in-house investigations that the UN deems adequate within six months. The council is slated to vote on the matter tomorrow.
Goldstone told reporters that the American reaction to the report both “pleased and disappointed” him, again rejecting claims that his investigation was one-sided.
“I was pleased that our main recommendation – that there should be independent investigation – was accepted. And disappointed by the claims that the report was labeled not even-handed – no details were given. Both sides failed to make crucial distinction between the civilian population and combatants,” he said.
The investigator also blasted Prime Minister Benjamin Netanyahu’s criticism to that effect, saying”
“I think Netanyahu got wrong what our fact-finding mission was about. It wasn’t part of our mandate to check justification for the military actions – we took that as a given.”
“I think if the report achieves one good thing, it is to cause this debate in Israel,” he added. “It would be a healthy thing.”
Lieberman asks counterparts to blast Gaza report
Netanyahu and Foreign Minister Avigdor Lieberman discussed the matter to great extent over recent days, according to a political source in Jerusalem.
On Thursday, Lieberman met with the foreign ministers of 15 different countries, and asked them to support efforts to counter the Goldstone report.
In a conversation with foreign ministers from Brazil, Russia, and the European Union among others, Lieberman warned that the report is a dangerous development that could threaten the ability of democracies to defend themselves.
“This is only the first step,” Lieberman said, adding, “the next step will be similar efforts against NATO forces in Afghanistan and Russian forces in Chechnya.”
The source said that the PA’s decision to pull the proposal shows that they understand the serious consequences of such actions.
“This proves that we were right not to cooperate, and also proves that the Goldstone report was completely political and through diplomatic efforts we were able to scuttle it.”
“The clear Israeli message sent to all corners has been that it will be impossible to continue the peace process and extreme attacks on Israel at the same time.”
The Israeli government and military have retained high-powered international lawyers and set up a joint task force to fend off attempts by Palestinians and their supporters to try Israeli officials on war crimes charges abroad. For nearly a decade, activists have turned to courts outside Israel in an effort to try Israeli political and military officials outside the jurisdiction of their own courts. While none of the attempts has succeeded, they could intensify further after a U.N. report accusing the Israeli military of committing war crimes during its devastating offensive in the Gaza Strip in December and January.
In a sign of what could lie ahead, British activists this week attempted to have Israeli Defense Minister Ehud Barak arrested on war crimes charges for his role in the Gaza war. A court rejected the request.
Concerned that government officials and military officers traveling abroad could face war crimes charges, an interministerial team joined by legal experts from the military is in place to protect officials and officers involved in Israeli military operations, a government official said. He spoke on condition of anonymity because he was not authorized to discuss the matter with the media.
The U.N. report accused Israel of using excessive force and endangering civilians. Some 1,400 Palestinians were killed in the offensive, most of them civilians, according to Palestinian officials and human rights groups. Thirteen Israelis were also killed, nine of them civilians who died from Palestinian rocket fire.
Israel has rejected all war crimes allegations. It says most of the dead in Gaza were armed militants, and says civilians were hurt because Hamas fighters took cover in residential areas.
So far, the cases abroad have invoked the principle of universal jurisdiction, which argues that some crimes are so serious that their alleged perpetrators can be tried outside their own states.
Still, each case has to be addressed individually because legal systems vary from country to country. The Israeli task force has a battery of lawyers in place abroad to help them deal with specific cases as they arise, the government official said. The task force was first assembled years ago to deal with charges related to Israeli military operations in the West Bank and Gaza but could be forced to spring into action if new cases arise.
In Barak’s case, he has diplomatic immunity from arrest as a senior government minister.
The defense minister is head of Israel’s Labor Party and he had traveled to Britain to attend the annual conference of that country’s Labour Party. Tipped off to his visit, two Palestinian human rights groups put together a case against him. Barak termed the attempt “absurd.”
It was the latest in a string of attempts by Palestinian activists to target Israeli leaders and military commanders with war crimes allegations.
In 2001, activists tried to bring then-Prime Minister Ariel Sharon to trial in Belgium in connection with a 1982 massacre in two Palestinian refugee camps in Lebanon. The case was dismissed after changes in Belgian law.
In 2005, retired Israeli Gen. Doron Almog stayed aboard a plane at London’s Heathrow airport and returned to Israel after he was tipped off that police were outside to arrest him in connection with operations carried out in 2002, when he was commander of the Israeli army in Gaza.
Earlier this year, a Spanish court shelved a judge’s investigation of seven current or former Israeli officials involved in a Gaza airstrike that killed a Hamas militant and 14 civilians. The court sided with prosecutors who said Spain lacked jurisdiction.
Activists have also sought to arrest another defense minister and two former Israeli military chiefs in Britain and, in one case, New Zealand. Fear of arrest also led a Cabinet minister to turn down an invitation to visit Britain in 2005 and prompted a former Gaz commander to cancel plans to study in Britain.
In a sign of what could lie ahead, British activists this week attempted to have Israeli Defense Minister Ehud Barak arrested on war crimes charges for his role in the Gaza war. A court rejected the request.
Concerned that government officials and military officers traveling abroad could face war crimes charges, an interministerial team joined by legal experts from the military is in place to protect officials and officers involved in Israeli military operations, a government official said. He spoke on condition of anonymity because he was not authorized to discuss the matter with the media.
The U.N. report accused Israel of using excessive force and endangering civilians. Some 1,400 Palestinians were killed in the offensive, most of them civilians, according to Palestinian officials and human rights groups. Thirteen Israelis were also killed, nine of them civilians who died from Palestinian rocket fire.
Israel has rejected all war crimes allegations. It says most of the dead in Gaza were armed militants, and says civilians were hurt because Hamas fighters took cover in residential areas.
So far, the cases abroad have invoked the principle of universal jurisdiction, which argues that some crimes are so serious that their alleged perpetrators can be tried outside their own states.
Still, each case has to be addressed individually because legal systems vary from country to country. The Israeli task force has a battery of lawyers in place abroad to help them deal with specific cases as they arise, the government official said. The task force was first assembled years ago to deal with charges related to Israeli military operations in the West Bank and Gaza but could be forced to spring into action if new cases arise.
In Barak’s case, he has diplomatic immunity from arrest as a senior government minister.
The defense minister is head of Israel’s Labor Party and he had traveled to Britain to attend the annual conference of that country’s Labour Party. Tipped off to his visit, two Palestinian human rights groups put together a case against him. Barak termed the attempt “absurd.”
It was the latest in a string of attempts by Palestinian activists to target Israeli leaders and military commanders with war crimes allegations.
In 2001, activists tried to bring then-Prime Minister Ariel Sharon to trial in Belgium in connection with a 1982 massacre in two Palestinian refugee camps in Lebanon. The case was dismissed after changes in Belgian law.
In 2005, retired Israeli Gen. Doron Almog stayed aboard a plane at London’s Heathrow airport and returned to Israel after he was tipped off that police were outside to arrest him in connection with operations carried out in 2002, when he was commander of the Israeli army in Gaza.
Earlier this year, a Spanish court shelved a judge’s investigation of seven current or former Israeli officials involved in a Gaza airstrike that killed a Hamas militant and 14 civilians. The court sided with prosecutors who said Spain lacked jurisdiction.
Activists have also sought to arrest another defense minister and two former Israeli military chiefs in Britain and, in one case, New Zealand. Fear of arrest also led a Cabinet minister to turn down an invitation to visit Britain in 2005 and prompted a former Gaz commander to cancel plans to study in Britain.
Prime Minister Benjamin Netanyahu has nixed the idea of setting up an inquiry committee into alleged Israeli war crimes in the Gaza Strip as a means of dealing with the Goldstone Commission’s report.
That report, submitted to the UN Human Rights Council on Tuesday, accuses both Israel and Hamas of war crimes during their three-week conflict in Gaza in January and recommends that both be referred to the International Criminal Court for prosecution unless they carry out in-house investigations that the UN deems adequate within six months. The council is slated to vote on the matter tomorrow.
Various prominent Israelis have therefore argued that the only way to quash the report is to set up an inquiry commission headed by an internationally respected jurist like former Supreme Court president Aharon Barak.
But Netanyahu, who held two meetings on the subject on Wednesday, believes a more effective way of blocking the report would be to make it clear to the international community that referral to the ICC would sound the death knell of the peace process.
And while Yedioth Ahronoth reported on Wednesday that Defense Minister Ehud Barak favors the inquiry commission route, Barak himself denied the report yesterday. His office confirmed that he has asked Aharon Barak to contribute to the legal battle against the report, but said he opposes an inquiry commission.
Netanyahu also denied the Yedioth report, and his associates said the government has never seriously considered such a commission. The prime minister, they explained, fears that setting up an inquiry commission would imply that the probes now being conducted by the Israel Defense Forces are untrustworthy.
In contrast, Foreign Ministry sources said Israeli representatives overseas have been flooded with messages from friendly governments urging the establishment of an inquiry commission as the best way to block the report.
The defense minister’s office said the government will therefore try to find some kind of compromise mechanism, headed by a senior legal figure such as Aharon Barak, that would show the international community Israel has stepped up its efforts to investigate the allegations.
From Israel’s perspective, the best decision the Human Rights Council could make is to continue dealing with the matter itself, while the worst would be referral to either the General Assembly or the Security Council, and thence, perhaps, the ICC. Jerusalem and Washington are coordinating closely on diplomatic efforts to achieve the former result, and are currently focusing on trying to win over the European Union, whose member states have yet to reach a consensus on the matter.
In a briefing held Wednesday for ambassadors from the Asia-Pacific region, Netanyahu warned that referral to the ICC would deal a mortal blow to the peace process – as well as to democratic states’ ability to fight terror.
The report, he said, undermines the UN itself by gutting the legitimate right of self-defense. And if this approach is authorized against Israel, it will ultimately be used against other nations, too, he warned.
As for the peace process, he said, no nation would agree to take risks for peace, such as ceding territory, if they were afterward denied the right of self-defense against attacks from that territory. Hence anyone who cares about peace must block the Goldstone report, he said.
That report, submitted to the UN Human Rights Council on Tuesday, accuses both Israel and Hamas of war crimes during their three-week conflict in Gaza in January and recommends that both be referred to the International Criminal Court for prosecution unless they carry out in-house investigations that the UN deems adequate within six months. The council is slated to vote on the matter tomorrow.
Various prominent Israelis have therefore argued that the only way to quash the report is to set up an inquiry commission headed by an internationally respected jurist like former Supreme Court president Aharon Barak.
But Netanyahu, who held two meetings on the subject on Wednesday, believes a more effective way of blocking the report would be to make it clear to the international community that referral to the ICC would sound the death knell of the peace process.
And while Yedioth Ahronoth reported on Wednesday that Defense Minister Ehud Barak favors the inquiry commission route, Barak himself denied the report yesterday. His office confirmed that he has asked Aharon Barak to contribute to the legal battle against the report, but said he opposes an inquiry commission.
Netanyahu also denied the Yedioth report, and his associates said the government has never seriously considered such a commission. The prime minister, they explained, fears that setting up an inquiry commission would imply that the probes now being conducted by the Israel Defense Forces are untrustworthy.
In contrast, Foreign Ministry sources said Israeli representatives overseas have been flooded with messages from friendly governments urging the establishment of an inquiry commission as the best way to block the report.
The defense minister’s office said the government will therefore try to find some kind of compromise mechanism, headed by a senior legal figure such as Aharon Barak, that would show the international community Israel has stepped up its efforts to investigate the allegations.
From Israel’s perspective, the best decision the Human Rights Council could make is to continue dealing with the matter itself, while the worst would be referral to either the General Assembly or the Security Council, and thence, perhaps, the ICC. Jerusalem and Washington are coordinating closely on diplomatic efforts to achieve the former result, and are currently focusing on trying to win over the European Union, whose member states have yet to reach a consensus on the matter.
In a briefing held Wednesday for ambassadors from the Asia-Pacific region, Netanyahu warned that referral to the ICC would deal a mortal blow to the peace process – as well as to democratic states’ ability to fight terror.
The report, he said, undermines the UN itself by gutting the legitimate right of self-defense. And if this approach is authorized against Israel, it will ultimately be used against other nations, too, he warned.
As for the peace process, he said, no nation would agree to take risks for peace, such as ceding territory, if they were afterward denied the right of self-defense against attacks from that territory. Hence anyone who cares about peace must block the Goldstone report, he said.
Politicians reject conducting probe of IDF’s role in Cast Lead
Jerusalem Post
Although Prime Minister Binyamin Netanyahu seemed to support the idea floated Wednesday of Israel establishing an independent investigative commission to probe the IDF’s activities during Operation Cast Lead, politicians from across the political spectrum opposed the establishment of such a panel.
In addition to coalition partners, whose top representatives voiced their opposition during a cabinet meeting, opposition parties on the Right and Left alike slammed the idea.
“This all stems from a basic desire to please the world, and a lack of understanding that nothing that Israel does will ever satisfy them,” explained National Union spokesman Harel Cohen.
“The Goldstone Commission is no different from the Peel Commission or any other commission. And so any kind of an internal inquiry would not satisfy, just as the expulsion from Gush Katif – another step taken by Israel to satisfy the rest of the world – didn’t satisfy anyone and in fact, led to the operation itself,” he continued.
“Those who support the idea think that [former Supreme Court president] Aharon Barak will say that we did something wrong and then everyone will like us throughout the world.”
On the opposite side of the political spectrum, the explanation was different, but the conclusion was similar.
“I don’t really have much faith in that type of committee,” said MK Ahmed Tibi (Ra’am-UAL). “The conclusions and recommendations are never carried out and even when officers are cited, they will eventually be pardoned as they have been in similar conditions in the past.
“Immediately after the operation, there should have been a governmental probe, but it wasn’t done, in an attempt to brush the bitter truth under the rug,” added Tibi.
“War criminals in the whole world are punished. Israel shouldn’t be outside of that accountability, thus the process that has already begun according to international law. But if Israel tries people for war crimes it will prevent international proceedings against it.”
The idea also was blasted by Kadima, the party in power during the Gaza operation. Opposition chairwoman Tzipi Livni said that she opposed such an initiative, and MK Nahman Shai (Kadima) accused the government of cracking under international pressure.
That the government would establish an investigative commission to probe Operation Cast Lead “two weeks after the same government responded with fury to the Goldstone Commission Report is to climb down from the ladder that they climbed up, and is grasping hold of the investigative committee suggested by Goldstone in order to dam the floodwaters released by the report,” said Shai.
“As usual, the government is inconsistent, and its decisions are taken recklessly and under pressure. Israel’s international standing is too bad to undergo experiments such as this one.”
Gil Hoffman contributed to this report.
Jerusalem Post
Although Prime Minister Binyamin Netanyahu seemed to support the idea floated Wednesday of Israel establishing an independent investigative commission to probe the IDF’s activities during Operation Cast Lead, politicians from across the political spectrum opposed the establishment of such a panel.
In addition to coalition partners, whose top representatives voiced their opposition during a cabinet meeting, opposition parties on the Right and Left alike slammed the idea.
“This all stems from a basic desire to please the world, and a lack of understanding that nothing that Israel does will ever satisfy them,” explained National Union spokesman Harel Cohen.
“The Goldstone Commission is no different from the Peel Commission or any other commission. And so any kind of an internal inquiry would not satisfy, just as the expulsion from Gush Katif – another step taken by Israel to satisfy the rest of the world – didn’t satisfy anyone and in fact, led to the operation itself,” he continued.
“Those who support the idea think that [former Supreme Court president] Aharon Barak will say that we did something wrong and then everyone will like us throughout the world.”
On the opposite side of the political spectrum, the explanation was different, but the conclusion was similar.
“I don’t really have much faith in that type of committee,” said MK Ahmed Tibi (Ra’am-UAL). “The conclusions and recommendations are never carried out and even when officers are cited, they will eventually be pardoned as they have been in similar conditions in the past.
“Immediately after the operation, there should have been a governmental probe, but it wasn’t done, in an attempt to brush the bitter truth under the rug,” added Tibi.
“War criminals in the whole world are punished. Israel shouldn’t be outside of that accountability, thus the process that has already begun according to international law. But if Israel tries people for war crimes it will prevent international proceedings against it.”
The idea also was blasted by Kadima, the party in power during the Gaza operation. Opposition chairwoman Tzipi Livni said that she opposed such an initiative, and MK Nahman Shai (Kadima) accused the government of cracking under international pressure.
That the government would establish an investigative commission to probe Operation Cast Lead “two weeks after the same government responded with fury to the Goldstone Commission Report is to climb down from the ladder that they climbed up, and is grasping hold of the investigative committee suggested by Goldstone in order to dam the floodwaters released by the report,” said Shai.
“As usual, the government is inconsistent, and its decisions are taken recklessly and under pressure. Israel’s international standing is too bad to undergo experiments such as this one.”
Gil Hoffman contributed to this report.
Israel on Thursday urged a key United Nations human rights body “to come to its senses” and reject a controversial report accusing the Israel Defense Forces of war crimes during its military offensive in the Gaza Strip last winter.
Prime Minister Benjamin Netanyahu implored the United Nations’ Human Rights Council, the 47-member body which commissioned the controversial Goldstone Report, to quash the study’s findings.
“Over the years the UN Human Rights Council has passed more resolutions against Israel than against all the other countries in the world,” the prime minister said at the start of the weekly cabinet meeting in Jerusalem.
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“In the next 24 hours, the council will hold a vote, and if the council decides to adopt the Goldstone Report, it will harm the war on terrorism and it will grant legitimacy to terrorists who hide behind civilians,” Netanyahu said. “It will also harm the UN’s standing and, most of all, it will be a crippling blow to the peace process.”
“I hope that there will be a majority in the council that will come to its senses,” the premier added. “If such a majority can be found, it will prevent a serious blow. If not, the responsibility will rest with those who do not come to their senses.”
The weekly cabinet meeting was delayed Thursday morning after a fierce debate erupted between the ministers over a proposal to slash ministerial budgets put forth by Netanyahu and Finance Minister Yuval Steinitz.
Prior to the session, Defense Minister Ehud Barak urged Netanyahu to postpone the cabinet vote on the proposed cuts, limiting Thursday’s meeting solely to discussions. Barak said the ministers should be allowed to debate the cuts so that an understanding could be reached on the matter.
Prime Minister Benjamin Netanyahu implored the United Nations’ Human Rights Council, the 47-member body which commissioned the controversial Goldstone Report, to quash the study’s findings.
“Over the years the UN Human Rights Council has passed more resolutions against Israel than against all the other countries in the world,” the prime minister said at the start of the weekly cabinet meeting in Jerusalem.
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“In the next 24 hours, the council will hold a vote, and if the council decides to adopt the Goldstone Report, it will harm the war on terrorism and it will grant legitimacy to terrorists who hide behind civilians,” Netanyahu said. “It will also harm the UN’s standing and, most of all, it will be a crippling blow to the peace process.”
“I hope that there will be a majority in the council that will come to its senses,” the premier added. “If such a majority can be found, it will prevent a serious blow. If not, the responsibility will rest with those who do not come to their senses.”
The weekly cabinet meeting was delayed Thursday morning after a fierce debate erupted between the ministers over a proposal to slash ministerial budgets put forth by Netanyahu and Finance Minister Yuval Steinitz.
Prior to the session, Defense Minister Ehud Barak urged Netanyahu to postpone the cabinet vote on the proposed cuts, limiting Thursday’s meeting solely to discussions. Barak said the ministers should be allowed to debate the cuts so that an understanding could be reached on the matter.
Richard Goldstone, who recently headed a United Nations commission investigating the events of Israel’s offensive in the Gaza Strip last winter, told CNN on Wednesday that Israel had intentionally targeted some civilian sites during the fighting, though he stressed that he did not believe it was an Israeli policy.
The report, which accuses both Israel and Hamas of war crimes, was formally presented to the United Nations Human Rights Council on Tuesday.
When asked whether he believed that Israel had targeted civilians, Goldstone said “Not as a policy. A fully fledged formal investigation will find that out. We didn’t get near being judicial.”
However, he also said that “some of the killing…was certainly intentional. There was no mistake in bombing factories. The Israeli intelligence has very precise information.”
The former judge explained that “Israel has said that given the density of the population in gaza – they did the best they could to avoid civilians,” but added that “we certainly looked into the fact that Hamas put their weapons near civilians. We looked for proof but didn’t find it.”
In response to news that Prime Minister Benjamin Netanyahu had suggested on Wednesday that he would establish an investigative commission to probe the report findings, Goldstone said “I would be delighted if Israel established a committee to investigate our allegations. That?s what we asked for – a transparent open investigation into our allegation I hope Hamas will also go for it.”
Goldstone voiced satisfaction with the worldwide debate sparked by the report his team had compiled, saying “the report has opened a huge debate in Israel and internationally and I hope the report will have consequences in the future in the protection of innocent civilians.”
Netanyahu: UN Gaza report spells death for peace
Earlier Wednesday, Netanyahu said that allowing the International Criminal Court in the Hague try the war crimes alleged in the report would deal a death blow to peace.
Speaking during a meeting with ambassadors from Asia and the Pacific islands, Netanyahu said that the Goldstone report and its conclusions could impede peace and make it difficult for democratic nations around the globe to fight terror.
Netanyahu explained to the ambassadors that the principle that a democratic nation has a legitimate right to respond to terror has been “crushed by a body belonging to the United Nations.”
“This is a serious blow to the UN,” he went on to say. “It [the UN] could revert back to the days when it compared Zionism to racism. It’s starting in Israel, but it will reach other nations and it will hurt the UN.”
“Anyone who supports the Goldstone report and its conclusions is in effect against peace,” the prime minister continued, “since no country, and no people, would be willing to take risks for the sake of peace if their right to self defense was taken away.”
“If the report reaches the international court in Hague, it will bring the peace process to a halt because Israel won’t take the risks necessary to achieve peace if it is not assured the right to defend itself. Anyone who desires peace must stop this report right now,” the prime minister concluded, asking the ambassadors to pass the message along to their respective governments.
Earlier Wednesday, Netanyahu announced plans to present a proposal to his cabinet for the establishment of an investigative commission to probe the findings of the Goldstone report.
The report, which accuses both Israel and Hamas of war crimes, was formally presented to the United Nations Human Rights Council on Tuesday.
When asked whether he believed that Israel had targeted civilians, Goldstone said “Not as a policy. A fully fledged formal investigation will find that out. We didn’t get near being judicial.”
However, he also said that “some of the killing…was certainly intentional. There was no mistake in bombing factories. The Israeli intelligence has very precise information.”
The former judge explained that “Israel has said that given the density of the population in gaza – they did the best they could to avoid civilians,” but added that “we certainly looked into the fact that Hamas put their weapons near civilians. We looked for proof but didn’t find it.”
In response to news that Prime Minister Benjamin Netanyahu had suggested on Wednesday that he would establish an investigative commission to probe the report findings, Goldstone said “I would be delighted if Israel established a committee to investigate our allegations. That?s what we asked for – a transparent open investigation into our allegation I hope Hamas will also go for it.”
Goldstone voiced satisfaction with the worldwide debate sparked by the report his team had compiled, saying “the report has opened a huge debate in Israel and internationally and I hope the report will have consequences in the future in the protection of innocent civilians.”
Netanyahu: UN Gaza report spells death for peace
Earlier Wednesday, Netanyahu said that allowing the International Criminal Court in the Hague try the war crimes alleged in the report would deal a death blow to peace.
Speaking during a meeting with ambassadors from Asia and the Pacific islands, Netanyahu said that the Goldstone report and its conclusions could impede peace and make it difficult for democratic nations around the globe to fight terror.
Netanyahu explained to the ambassadors that the principle that a democratic nation has a legitimate right to respond to terror has been “crushed by a body belonging to the United Nations.”
“This is a serious blow to the UN,” he went on to say. “It [the UN] could revert back to the days when it compared Zionism to racism. It’s starting in Israel, but it will reach other nations and it will hurt the UN.”
“Anyone who supports the Goldstone report and its conclusions is in effect against peace,” the prime minister continued, “since no country, and no people, would be willing to take risks for the sake of peace if their right to self defense was taken away.”
“If the report reaches the international court in Hague, it will bring the peace process to a halt because Israel won’t take the risks necessary to achieve peace if it is not assured the right to defend itself. Anyone who desires peace must stop this report right now,” the prime minister concluded, asking the ambassadors to pass the message along to their respective governments.
Earlier Wednesday, Netanyahu announced plans to present a proposal to his cabinet for the establishment of an investigative commission to probe the findings of the Goldstone report.
