PA Ambassador: International court must rule on Gaza conflict
Riyad Mansour tells journalists that UN Security Council has not carried out its responsibility.
By Barak Ravid and Shlomo Shamir Tags: Goldstone report Hamas Israel news Israel war crimesThe Palestinians want the International Criminal Court to get involved in adjudicating alleged war crimes in the 2008-2009 Gaza conflict, Palestinian Ambassador Riyad Mansour said Friday at the United Nations.
Mansour said that representatives of his government have met several times with representatives of the ICC. But in order for the ICC to take the case, the UN Security Council must request its involvement.
Mansour expressed to journalists his frustration that the council "has not carried out its responsibility" in the case and has not asked the ICC to undertake a separate investigation.
At issue is a set of reports that have been submitted at the request of the General Assembly by Israel and the radical Islamist Hamas detailing independent investigations into the allegations that they committed war crimes in the conflict.
The establishment of independent, credible probes into the allegations of war crimes was one of the recommendations made in the UN Human Rights Council report by South African judge Richard Goldstone last year.
UN Secretary General Ban Ki-moon forwarded the two reports this week to the General Assembly with very little commentary, saying they did not contain enough evidence to indicate whether the Israelis and Palestinians were complying with United Nation demands to investigate last year's Gaza conflict.
The Palestinian investigation was carried out by an independent counselor from within the Arab League. The Israeli investigation was carried out by its military over the course of the past year.
The Palestinians, supported by various human rights groups, have charged that the Israeli military was not an independent body in the matter and were upset that Ban did not point out the lack of independence of the Israeli report when he sent it to the General Assembly.
Mansour indicated that the Palestinians planned to meet late Friday with ambassadors from nonaligned countries and Arab nations to prepare a protest with Ban over his silence on the matter of lacking independence in the Israeli report. The General Assembly had specifically required that the two reports be independent, and Mansour said this requirement was not fulfilled by the Israeli report.
Amnesty International criticized the matter, saying it was a "missed opportunity." The Palestinian Human Rights Centre (PCHR) said it was outraged and shocked over Ban's omission.
Ban's spokesman Martin Nesirky said that the UN chief had not been required to analyze the reports from Israel and the Palestinians, but rather to forward the reports to the General Assembly.
Israel: Our Gaza probe in line with international law
Earlier, the Foreign Ministry on Friday defended Israel's response to allegations of war crimes during the war in the Gaza Strip last year, hours after United Nations Secretary General Ban Ki-moon confirmed having received a full internal report from Jerusalem on the matter.
"This document completely expresses Israel's commitment to conduct an honest internal probe according to the standards of international law," the foreign ministry said. "Despite the difficult conditions of fighting against Hamas terror, Israel has stringently abided by international norms and will continue to do in the future - though our foremost obligation is to protect our citizens."
Ban late Thursday acknowledged having received internal Israeli and Palestinian responses to UN allegations of war crimes during the 2008-2009 war in the Gaza Strip, adding that Israel had responded to every charge brought against it.
In a cautiously worded message to the UN General Assembly, Ban acknowledged Israel and the Palestinian Authority were looking into the behavior of Israeli soldiers and Palestinian militants as demanded by a resolution the 192-nation assembly approved in November
But Ban withheld judgment on whether the probes were "independent, credible and in conformity with international standards."
"No determination can be made on the implementation of the resolution by the parties concerned," Ban said in the letter that accompanied the documents given to him by the Israelis and the Palestinian Authority about their investigations.
One senior Western diplomat described Ban's letter as "deadpan and procedural." It was not immediately clear what, if anything, the General Assembly would do in response.
More than 1,400 Palestinians and 13 Israelis died after Israel launched Operation Cast Lead against Gaza to try to end rocket fire against its cities. Critics charged that Israel used excessive and indiscriminate firepower but Israel blamed the militants for hiding among civilians.
The General Assembly resolution was a response to a UN report issued last September by an investigative panel headed by South African jurist Richard Goldstone.
The Goldstone report said the Israeli army and Palestinian militants committed war crimes during the conflict from late December 2008 to mid-January 2009 but focused more on Israel.
It also said that if Israel and the Palestinians failed to carry out credible investigations, the matter should be referred to the International Criminal Court in The Hague.
Both the Jewish state and the Islamist group Hamas, which controls the Gaza Strip, have rejected the suggestion they might have been responsible for war crimes.
"I have called upon all of the parties to carry out credible domestic investigations," Ban said in the letter. "I hope that such steps will be taken wherever there are credible allegations of human rights abuses."
Last week, Ban received a document from Israel defending its handling of complaints over its conduct in the Gaza war.
The Palestinian Authority, which has no control over Gaza and played no direct role in that conflict, gave the United Nations details of a commission of inquiry it had set up, along with preliminary findings.
Hamas said it gave the United Nations a response to the Goldstone report rejecting the charges against its fighters. The Hamas response was not included in Ban's message to the General Assembly.
Israel had refused to cooperate with Goldstone and angrily rejected his findings. Last week, Defense Minister Ehud Barak called the report "distorted, biased and unbalanced."
But after the General Assembly called on Israel and the Palestinians in November to investigate Goldstone's charges and asked Ban to report back within three months, Israel decided it would provide the UN chief with information.
Despite its fury at Goldstone's report, Israel last month paid $10.5 million to the United Nations for damage to UN property during the Gaza war.
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A Palestinian woman during the 2008 Gaza war. |
| Photo by: (Archive) |
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The IDF and Hamas should hire the same lawyers to save money.. and maybe afater that they will talk to each other and settle the conflict..
The Arabs have invented numerous 'laws' that do not exist. You have quoted them repeatedly. As for pre-existing. Israel was a nation LONG before the 8th century. The only ones that violate international laws are the Arabs. Israel has not done so and nobody has ever produced said law. The Arabs are the illegal occupiers of Jewish lands and that is exactly what international laws state. Prove that wrong. You haven't managed yet.
The ICC has no legal authority. In fact it is a direct violation of it's charter. Oh wait they don't care about international law when it comes to Jews. Jews have no rights.
israel is always all International Laws!
Goldstone recommended that all three parties, Israel, Hamas and the PA, investigate the allegations uncovered by his investigation. All three now have, and all three have absolved themselves after closed, limited and patently false investigations. The matter could go to the International Court of Justice as per Goldstone's recommendation. As none of the parties would comply why bother?
"This International Law thing is an Arab Invention to beat Israel." - Alan SA Really? Modern 'International Law' was developed in the 20th century by Western Democracies. The Arabs had little to do with it. The Permanent Court of International Justice was created in 1920 and continued by the UN as the International Court of Justice in 1946. The first to write upon international law WAS an Arab, but that was in the 8th century long before Israel existed. International law as it is now know predates Israel and could not have been 'invented' to beat it.
Israel not adhering to it. International law came about because of events like the Holocaust, colonization, taking other folk's territories by war. As for it being an Arab invention, what kind of an education gave you that STUPID notion? Jan Smuts was instrumental in drafting the UN Charter. He was a staunch ZIONIST supporter. http://en.wikipedia.org/wiki/Jan_Smuts#Support_for_Zionism There were only five Arab states who helped create the UN. By far the majority were NOT Arabic or Muslim. In 1946, the United Nations General Assembly unanimously affirmed the principles of international law recognized by the Nürnberg principles //"persecutions on political, racial, or religious grounds" as one of two categories of crimes against humanity, adopted BECAUSE of what happened to our Jewish fellows under the Nazis.
I'm glad that the PA feels this way - while the international court is at it - it can investigate Fayyad & Abbas who are being sued in the US (civil)courts for human rights violations (See e.g. Gilmore v. PA). I for one want to know where the 100's of billions of US dollars given to the PA went - I think that there should be a probe into that & a probe into all the people killed by the PA. So, lets investigate - and start with the PA ambassador.
It's our club. The fix is in. Our President won't let it happen. And for his trouble, the Israeli right wing will take a dump on him as a thank you. Then they'll call him a Muslim Commie Fascist for suggesting some movement towards peace and displaying a moment of independent thought.
How many YEARS will the Pal's/Arabs and others 'milk this 'GAZA SAGA; 'how many killed, what way, where, on (not on) purpose, by what means, etc, etc, when EVERY DAY hundreds of MUSLIMS are BLOWN UP ON PURPOSE by OTHER MUSLIM around the world. Country 'leaders talking 'open and proud and without any shame, how to blow the State of Israel of the earth. Not ONE peeps, not ONE protest, not ONE investigation, NO Goldstone, NO Ban ki Moon, NO special UN session, NOT EVEN ONE CONDAMNATION. It's about time to STOP the GAZA SAGA with the 'hollow condamnations.
di you find your post on the back of a cornflake box ?
Silly claim. Incidentally many aspects of International Law were formed after the holocaust, like refugee obligations that would now apply to countries that refused entry to Jews escaping Europe.
You mention dose place, this because we fight we resist we conquer the infidel. But the Jew make the trouple because he resist Islam. "Asa reader of Newsweek, I have noticed that not a week passes by withut some sort of Muslim violence or other trouble being mentioned in theat journal. Let me cite a few examples: 1) Iran 2) Afghanistan 3) Pakistan 4) Taliban 5) Susan (Darfur) 6) Al-Qaeda 7) Muslim terrorists in the Phillipines and Bali. 8) Muslim terrorists in India (remember Mumbai?) 9) Somali pirates
How about investigating Abbas threat to take all Jerusalem by force?
The General Assembly requested a report on whether the accused parties in the Goldstone report conducted a credible investigation into the allegations of war crimes, which Ban has provided without any recommendation. I don't think the General Assembly would consider either of the accused parties having fulfilled that obligation, so the only available options are refer the report to the security council with its automatic US veto, or refer it to the ICC prosecutors.
was inbetween or after the world wars...and a lot of it had to do with nurmburg where the nazi were judged for war crimes and human rights violations against jews and other minorities...i cant think of any recent contributions the arabs have made to int. law but a lot that jewish judges and others have made...get used to it...jews get tried by the same standards as everyone else
poor fellow...
The Arab league which more or less drafted the motion, which consistently attacks Israel and financed Arab terrorism for years is "independent" and The PA wants to attack its enemies Israel and Hammas - what a crock of doo dah - we should be putting out international arrest warrants for putting Fatah terrorists on trial starting with Abu Mazan, one of the engineers of the Munich massacre.
Goldstone's INDEPENDENT report is most likely a smack in the face to the IDF. Sorry Mr. Goldstone but war has a habit of killing people. At least your report is somewhat even handed as you say that Hamas did some nasty stuff also. Take the report from Mr. Goldstone, take the report from the independent Arab group, take the report from the IDF and study them. Let them be open to the public. Then we can see for ourselves. I don't think there will be too many of us switching sides ...but it should make for some interesting reading.
If this "Mickey Mouse firework" comes to Kopenhagen what would you say?
"In line with international law." Translation: "we used quality whitewash." And from what I have read today, Hamas bought theirs from the same source. . . But here in Texas we don't call it 'whitewash' we call it Bull Shit. And no matter how much up pile up, it is still brown and it stinks.
Since when has Israel had any respect for International Law - settlements in occupied territory are a violation of article 49 of the fourth Geneva Convention. Israel apparently has its own interpretation of International Law, which is why the Goldstone report was commissioned by the UNHRC.
I can see nothing wrong with this position providing it is understood it will do nothing to ameliorate the image abroad issue. Could be in the bigger picture this in not of import. Who knows with any certainty what is really going on in the background.
Israel is often charged by its enemies - and many others too - with being the prime source of violence and trouble in the world. However, if one reads the news carefully - ans also not very carefully - one cannot help but notice that the main sources of trouble and violence in the world are Muslim. Asa reader of Newsweek, I have noticed that not a week passes by withut some sort of Muslim violence or other trouble being mentioned in theat journal. Let me cite a few examples: 1) Iran 2) Afghanistan 3) Pakistan 4) Taliban 5) Susan (Darfur) 6) Al-Qaeda 7) Muslim terrorists in the Phillipines and Bali. 8) Muslim terrorists in India (remember Mumbai?) 9) Somali pirates Did I miss any? Sorry. Is it possible that the Muslim states are using Israel as a smokescreen to cover their own violence or their inability and shame at doing anything about it?
Ok. We (Israel) looked into it. and it looks like we didn't do anything wrong! The Arabs are terrorists, human shields and all that. The Arabs murder their own children just so they can blame us..... LOOK............ITS Britney Spears
ort ? How much money , for its budget , did the UNHRC (bad compagny) receive from OIC-Arab League for the fabrication of such mandate ? What is the UNSG response/action to (mainly Syria) OIC-Arab-League , African Group , Non Aligned Movement for blocking and opposing the Democratic State of Australia bid for a seat in the UNSC 10 permanent members body ? How come any UNGA resolution that is not in line with OIC-Arab League interests is torpeded, blockaded , not adopted ; Unless it is instituing Sharia Law as costumary international law ?
Israel pulled its soldiers out of Gaza. But what it then did to the Gazans is worse than the soldiers could do. Israel is committing a crime against humanity. If Israel wants to see the rockets stop, it might consider stopping the effort to starve the Gazans to death. Israel says an average of 80 truckloads a day of international aid enters Gaza: almost an admission of genocide. According to the UN World Food Programme, Gaza with a population of 1.4million requires daily 400 trucks of food just to meet basic nutritional needs. Israel also forbids entry of building materials, electrical appliances, spare parts for cars and machines. If you had a wife and children in Gaza you also might want to fire a few Mickey Mouse Firework called ?rockets?.
If Israel has not committed any war crimes, if the IDF has a perfectly good conscience, then what do you have to fear? The more rage you demonstrate fighting the report, the more guilty you appear. Make an inquiry into the charges and prove to the international community that they are wrong. This is the only way you will convince the world. Not by lobbying against Goldstone
"Despite its fury at Goldstone's report, Israel last month paid $10.5 million to the United Nations for damage to UN property during the Gaza war." Would'nt that be an admission of guilt for wanton destruction ... ? Just a thought ...