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Last update - 22:23 15/09/2009
UN probe: Israel, Palestinians both guilty of Gaza war crimes
By Shlomo Shamir and Barak Ravid, Haaretz Correspondents
Tags: Israel news, Haaretz TV 

Both Israel and Palestinian militant groups committed war crimes and acts that were likely crimes against humanity during the fighting in the Gaza Strip earlier this year, a United Nations fact-finding mission concluded Tuesday.

In a 547-page report, the mission said both Israeli and Palestinian authorities must engage in "good faith, independent
roceedings" to investigate their own sides within six months, or the UN Security Council should refer the case to the International Criminal Court's prosecutor in The Hague.
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The mission was headed by the former chief prosecutor of the international courts for Yugoslavia and Rwanda, Richard Goldstone,
and comprised three other experts in various fields, including international law and weapons.

"We live in a world today were there is accountability for war crimes," Goldstone said. "This is a very new situation."

Israel refused to cooperate with the mission because it regarded it as having biased instructions from the UN Human Rights Council, which it says has a track record of repeatedly singling out Israel for criticism and turning a blind eye to any Palestinian wrongdoing.

The foreign ministry in Jerusalem said it would "read the report carefully," and added that the military had already carried out investigations into over 100 cases of alleged abuse.

Goldstone said at a press conference that the Palestinians have not looked into their actions at all, and the report concluded that Israel to date "has not carried out any credible investigations into alleged violations."

The former South African justice cited longstanding ties to Israel and his Jewish background, calling allegations he was anti-Israel "ridiculous." He said the parties to the conflict stand to benefit from impartial investigations.

While the report - based on nearly 200 interviews and over 20,000 pages of documents and photos - determined that violations of international law had been committed, Goldstone declined to name individuals on either side, saying that was for a prosecutor to decide.

Israel, the mission wrote, should pay compensation to Palestinians who suffered losses or damages as a result of any unlawful actions by the military.

During the conflict, which started on 27 December 2008 and lasted three weeks, human-rights groups say approximately 1,400 Palestinians were killed, mostly civilians, along with Israeli fatalities of three civilians and 10 soldiers.

The mission believed the Israeli military operation was "directed at the people of Gaza as a whole" to "punish" the population. It cited incidents where food productions facilities, drinking water installations and other such sites were attacked, saying these might be "crimes against humanity."

The report also condemned the Israeli blockade on the Gaza Strip, which it deemed "collective punishment" that was part of a "systematic policy" to isolate the coastal territory.

Investigations, the report said, led the team to believe human shields were used in certain cases, hospitals were attacked and civilians were shot while carrying white flags.

On the other side, Palestinian rocket fire into southern Israel constituted "war crimes and may amount to crimes against humanity" as the militants failed to distinguish between civilians and soldiers, causing "terror."

In an aside, the report said Israel failed to protect its Arab citizens against the rocket fire in the same way that it protected its Jewish residents.

Israel has said the rocket fire from Gaza into its territory was the reason it launched the military operation and that it was not
aimed against the Palestinian population.

The report also noted internecine Palestinian violence during the war, including extra-judicial executions and arbitrary arrests.

Goldstone called on the militants to release Gilad Shalit, an Israeli soldier captured in 2006, and said Israel should cease holding Palestinian political prisoners.

The mission would present its report to the UN Human Rights Council later this month in Geneva, where a heated debate is expected.

The Jerusalem-based NGO Monitor earlier this month casted doubt as to the neutrality of the Goldstone Commission on Gaza.

Goldstone said in July he regards the mandate of the fact-finding mission as requiring an independent investigation into all alleged violations of international humanitarian law and international human rights law during the IDF's 22-day offensive.

"The testimonies we have heard from victims and witnesses... have been very difficult to hear, but I believe it is important that we listen to these stories," said Goldstone.

In response to the report released on Tuesday, Israel's Foreign Ministry said it was "appalled and disappointed," particularly by the comparison of Hamas to Israel.

"The UN body has dealt a huge blow to governments seeking to defend their citizens from terror," said Foreign Ministry spokesman Yigal Palmor.

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      1.   Hamas launching rockets from population centers? 17:37  |  Richard 15/09/09
      2.   Goldstone`s Quest 17:43  |  Jasper 15/09/09
      3.   war is a crime against humanity 17:52  |  ben 15/09/09
      4.   Okay, let`s try to be as fair as possible, please.... 17:58  |  Swiss (Dino) 15/09/09
      5.   That report deserves a Homeopathy award 18:25  |  Victor 15/09/09
      6.   JUST A QUESTION 18:44  |  Marco 15/09/09
      7.   This made me laugh 18:44  |  John 15/09/09
      8.   Hey Jasper 18:47  |  John 15/09/09
      9.   TO NO 3 BEN. 18:47  |  DANNY 15/09/09
      10.   VICTOR. 18:50  |  DANNY 15/09/09
      11.   #4 Swiss (Dino) 18:50  |  Matty Groves 15/09/09
      12.   To the UN 18:58  |  EZ 15/09/09
      13.   law abiding 19:07  |  Balkenende 15/09/09
      14.   Finding 19:23  |  Yariv 15/09/09
      15.   UN 19:32  |  Real Swiss 15/09/09
      16.   GAZA 19:37  |  Leeguy 15/09/09
      17.   Gaza war guilty 19:38  |  jose m. reyes 15/09/09
      18.   Dear EZ 19:45  |  United Nations 15/09/09
      19.   Who`s for the Hague this time then? 19:48  |  Michael 15/09/09
      20.   Lets have probe on how many UN staff both sides have killed... 19:49  |  Tcherkessi 15/09/09
      21.   Like the boy crying wolf 19:53  |  Yaakov Sullivan 15/09/09
      22.   #11 completely agree but... 19:57  |  Welshman 15/09/09
      23.   I expect inquiries into every nation currently involved in war 19:58  |  Jon 15/09/09
      24.   UN doesn`t distinguish between civlilians and fighters 20:02  |  Amir 15/09/09
      25.   Why not have an inquiry into.... 20:05  |  common decency 15/09/09
      26.   Of course it was a war crime 20:10  |  RfaelMoshe 15/09/09
      27.   #8 John in Manchester was the blitzkrieg ok with you 20:12  |  BIG SUR 15/09/09
      28.   all war is criminal 20:12  |  peter rouget 15/09/09
      29.   observation 20:17  |  potobac 15/09/09
      30.   #20 Hi Jon What about Fallum gong in China Nukes in Iran ,Korea 20:21  |  Big Sur 15/09/09
      31.   #21 Amir you are spot on.... 20:23  |  Big Sur 15/09/09
      32.   ez 12 20:23  |  potobac 15/09/09
      33.   A non-sequitur 20:30  |  Colin Wright 15/09/09
      34.   War crimes in Gaza 20:33  |  H 15/09/09
      35.   for Potobac 20:42  |  Big Sur 15/09/09
      36.   potobac 32 21:00  |  EZ 15/09/09
      37.   United Nations 21:15  |  TonyL 15/09/09
      38.   common decency, Egypt and Jordan have peace treaties with Israel. 21:16  |  BBSNews 15/09/09
      39.   Mark Regev has just accused the report 21:24  |  Chris Linthwaite 15/09/09
      40.   Is it an accident that 13 Israelis died 21:33  |  Chris Linthwaite 15/09/09
      41.   What Haaretz left out 22:49  |  Haartez fan 15/09/09
      42.   Evidently during a war you can not isolate the enemy 22:55  |  McQueen 15/09/09
      43.   Typical UN 22:56  |  Gee 15/09/09
      44.   Chris, Mark Regev is personally peeved by being in the report... 22:57  |  BBSNews 15/09/09
      45.   Is The UN Serious About War Crimes? 01:40  |  Tim R 16/09/09
      46.   An eye for an eye 01:45  |  Heinz 16/09/09
      47.   Gee, the report addresses the legalities fully... 01:57  |  BBSNews 16/09/09
      48.   War Not A Walk in The Park-UN Deaf, Dumb & Blind 02:04  |  Jane 16/09/09
      49.   #38, Just so BBS news 08:41  |  common decency 16/09/09
      50.   #40, Linthwaite reminded of Warsaw ghetto... 08:55  |  common decency 16/09/09
      51.   common decency - Shouldn`t Israel define its borders 10:53  |  Miggy 16/09/09
      52.   The Goldstone Commision Report. 11:22  |  Stephen. 16/09/09
      53.   can you read 16:04  |  samuel 16/09/09
      54.   it depends 17:34  |  samuel 16/09/09
      55.   whats the point 17:39  |  samuel 16/09/09
      56.   samuel, the report addresses the "rockets" 18:24  |  BBSNews 16/09/09
      57.   SUPPOSE THE UN HAD ACTED EARLIER........... 19:55  |  Ian 16/09/09
      58.   #56 BBS 20:32  |  Sarah 16/09/09
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