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Yesterday, in Geneva, the United Nations Human Rights Council had a very important discussion about two reports it received on the situation in the Occupied Palestinian Territory: the report of the independent fact finding mission on the Gaza conflict, led by Justice Goldstone, and my own report, also requested by the Council, on human rights violations in the Occupied Palestinian Territory.
These two reports complement other reports about Gaza, including those by 10 independent UN experts and several other investigations by both inter-governmental entities and NGOs such as Amnesty International and Human Rights Watch. Taken together, these reports present a comprehensive and remarkably consistent picture of what happened in Gaza.
My own report notes that significant prima facie evidence indicated the commission of serious violations of international humanitarian law, as well as gross human rights violations, by both Israel and Hamas during the military operations that were carried out in Gaza from 27 December 2008 to 18 January 2009.
This situation was exacerbated by the blockade that the population of Gaza endured in the months prior to these military operations. It has continued ever since, and is now entering its third year. As a result conditions on the ground continue to deteriorate.
In particular, the Gaza population's freedom of movement is denied. A wall runs along all land borders with Israel and Egypt. At sea, Israeli gunboats prevent Palestinian boats from sailing more than three nautical miles from the coastline. With very few exceptions, Gaza's 1.5 million inhabitants are trapped. They cannot exit the 45 km-long Strip.
In addition to the curtailment of Gazans' freedom of movement, heavy import restrictions and near total prohibition of exports have severely impaired the realization of a wide range of economic, social and cultural rights, as well as many civil and political rights, of the Gaza population. Restrictions include the unacceptable curtailment of Gazans' right to work, their right to access water, food, adequate housing and education, as well as their entitlement to the highest attainable standard of physical and mental health.
Funds to remedy the situation are available. However, the blockade is preventing the disbursement of the nearly $5 billion pledged by donors at Sharm el Sheikh in March 2009 for recovery and reconstruction efforts in Gaza.
The blockade, and its effect of collective punishment, must stop. Causing such hardships for the civilian population cannot possibly serve the interests of peace and security in the region.
I recommend in my report that all allegations of breaches of international humanitarian law and human rights violations during the Gaza military operations and their aftermath -- whether through attacks on civilians and civilian objects in Gaza or indiscriminate rocket attacks into Israel by Hamas or other armed Palestinian groups -- must be thoroughly investigated by credible, independent and transparent accountability mechanisms, respectful of international standards of due process. Equally crucial is upholding the right of victims to receive compensation.
The recommendations of Justice Goldstone's fact-finding mission should be followed up by the Human Rights Council in order to fulfill its responsibility to promote universal respect for the protection of all human rights and fundamental freedoms for all. The interest of all victims and respect for international law must be the central focus of the Council's action. This body's impartiality and an even-handed approach on the part of the international community as a whole are indispensable to help prevent future human rights violations and to establish a solid base for peace and security.
Last July, the Government of Israel issued a report called "The Operation in Gaza 27 December 2008 - 18 January 2009: Factual and Legal Aspects." It states that the Israel Defense Forces were conducting at that time "comprehensive field and criminal investigations into allegations regarding the conduct of its forces during the Operation."
I urge the Israeli Government to ensure that any investigation be conducted in a credible and independent manner and in conformity with all relevant international standards.
My report also documents the situation in the West Bank and East Jerusalem where international calls for a stop to settlements have so far not been heeded. Violent acts by settlers against Palestinians continue, coupled with a near total impunity for such acts.
As pointed out in my report, the existence of the settlements represents severe obstacles for freedom of movement in East Jerusalem and the West Bank. These include checkpoints, road blocks and segregated roads, the vast majority of which are located far away from the Green Line. And so is the wall which extends far into the West Bank. In turn, these obstacles undermine the enjoyment of other human rights, such as the right to education, access to health and the freedom to worship. The settlement expansion policy also spawns the rising number of forced evictions and demolitions of homes in East Jerusalem and the West Bank. In this sense, settlements are not only illegal under international humanitarian law, but also generate violations of international human rights law.
Since April, the dire situation of thousands of detainees and prisoners has not improved. Israel currently holds approximately 8,000 Palestinians in detention under conditions that contravene international human rights and humanitarian law. In Gaza, the de facto administration holds an estimated one hundred political detainees in unknown locations which are off-limits to both the families of the detainees and to their legal counsel. The Israeli soldier Gilad Shalit has been held incommunicado in an undisclosed location for more than three years, and not even the International Committee of the Red Cross has been given access to him. Allegations of torture and degrading treatment of detainees held in centers under the control of the Palestinian Authority, Hamas and Israel all need to be investigated.
The widespread recourse by all parties to military justice systems, which do not meet international standards of due process, is a matter of grave concern.
I lend my full support to Justice Goldstone's report and its recommendations. I fully agree with him that the prevailing impunity for human rights violations in the Middle East conflict must end.
Such impunity encourages and helps perpetuate human rights abuses. Bringing perpetrators to account is not only necessary to ensure justice and protection to the affected populations, but also to enhance prospects of peace in the region. All parties to the conflict, as well as the international community, should extend full support and cooperation to accountability efforts.
It is essential that the international community anchors its efforts to broker a durable political solution in international law, including the important 9 July 2004 advisory opinion of the International Court of Justice on the legality of the wall being built by Israel.
It should be clear by now that there can be no lasting peace without accountability for human rights violations and breaches of international humanitarian law.
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It is very good Ms. Pillay is very concerned with the plight of Palestinains.
I am sure she is right now investigating the human rights abuses and war crimes which Lebanese are committing against Palestinian refugees. No question this is what she's doing...
"My own report notes that significant prima facie evidence"
Prima facie evidence. A witness says "Joe hit me." That is prima facie evidence. Did Joe hit him? Don't know.
Is that how the UN lawyers work these days, implying judgment without trial? This opens up to attacks of being a anti-Jewish witchunt.
Good that you mention Gaza has a border with Egypt too. I will take the UN seriously when it investigates human rights violations in Iran.
"Hamas had hoped to draw Israeli forces into hand-to-hand combat in the narrow warrens of Gaza's densely populated cities and refugee camps,
the Israelis appear instead to be heading for the high ground, looking to seize strategic hilltops that would allow them to better control those parts of Gaza in which Hamas fighters are mingling with the civilian population."
http://www.time.com/time/world/article/0,8599,1869441,00.html
too bad Ms, Pillay refuses to read press or interview witnesses who are not petrified of Hamas vengeance.
The number one constituency Palestinains have to convince of their peaceful intentions is Israeli electorate.
Not Obama. Not Ahmadinejad. Not Ms. Pillay.
Here's a recepy for calm.
Step One for Palestinians: Take Gaza back from terrorists,
Step Two: Stop virulent antisemitic and anti- Israeli propaganda in your schools, TVs, government pronouncements and sermons. .
Step Three: Convince Israeli electorate that you actually want peace. At least try.
If these three steps are taken, Israeli peace camp destroyed by Arafat sponsored terrorism will re-emerge.
Until then, you will see nothing but hawkish governments from Israeli people of all faiths. Including Israeli Arabs who abhor Palestinian governance.
Hint: Sladin is not coming. Overpopulation will only bring misery. Fighting will only brin more defeats.
Convince Israel of your peaceful intentions and statehood will follow.
Everything else is empty propaganda.
Step One: Accept Israel as a Jewish state. Everything else will follow from there.
Why? In all other cases the international community opposes the creation of a religious state. A country where Jews can freely live and worship without fear? Fantastic. A government that oppresses other religions? Not acceptable.
The current state of reality is that Israel has a jewish majority, and they should be free to continue living there, holding elections and taking political office. There is also a significant population of people of other religions. Their rights must be respected and their grievances must be heard.
Do you also accept the United States as a Christian nation? I, for one, do not.
Just because the other side may have committed crimes against basic human rights gives neither side the right to do it themselves. It's not a contest to see who can be worse at it. Any argument otherwise is specious. No one should have the right to be inhumane.
What is a mystery is Israel not investigating and punishing these serious charges. They have no excuses. Just as the Palestinians have no excuses in their provocative rocket attacks or torturing. Both sides should stop whining and just cut it out.
Israel *has* investigated its soldiers' conduct during the Gaza war. The Palestinians have not, and in fact they continue their rocket attacks to this day.
You mean like the fox guarding the hen house right?
"What is a mystery is Israel not investigating and punishing these serious charges."
Wrong.
At this time Israeli IDF is conducting a series of investigations into various allegations raised by some Israeli organizations and soldiers themselves. this has been ongoing for month..
"We appointed special commissions to review the matter and are dealing with complaints."
Chief of Staff Lt. Gen. Gabi Ashkenazi
At this time Palestinains have ZERO investigations. How can they,. They themselves ordered it! LOL.
How about the Arabs now known as palestinians vote out the terror organization,Hamas, to lead them! No good has come of that for them!!
You. Don't. Get. To. Choose. The. Other. Side's. Leaders.
How many times do you need to be told that.
If that were the case, the Palestinians could say "No peace at all until the Israelis get rid of Netanyahu." Rejoin the conversation after digesting that comparison, please.
The Palestinians have made comments like that quite a few times, actually.
"You. Don't. Get. To. Choose. The. Other. Side's. Leaders."
But you get to marginalize and/or ignore them and/or fight them.
Or all of the above.
No peace, no state.
Take it or leave it.
Gazans firing missles at Isralei civilians is bty far not the only crimes commited by them.
The author would've done well to research such well documented facts as:
Hamas encouraging and forcing Gazans to act as human shields to protect Hamas leaders property.
Gaza military using medical, press and U.N.- labeled vehicles transport militants and arms and attack Israelis. Gaza military booby-trapping civilian buildings in Gaza.
Hamas children interview.
http://www.youtube.com/watch?v=YjyfR_ObFcs&feature=related
1.130 word essay.
The discussion of numerous and outrageous Hamas violations of human rights, war crimes and violations of laws of war— three sentences. Even in those three, the author wanted to make sure some reference to Israel is included.. Just to show impartiality, of course.
The rest in dedicated to a systematic and wide ranging attack. on Israel encompassing military conflict refugees, settlements, funds and every possible matter conjured up.
Ever-so short discussion of Palestinian misdeeds are exclusively limited to last two years (naturally), whereas the attack on Israel ranges far and wide of that time span and issue.
So what's new.
Gazans chose ta world recognized terrorist organization to lead them. The population of Gaza and its elected leaders are in a state of war with Israel. By their own declaration. The people of a Gaza entity are therefore enemy population. And are treated as such. By both Egypt and Israel. Until Gazans choose to either overthrow their rulers or choose peace.
Both neighbors of Gazastan agree on this.
Ms. Pillay, the only reason why Cast Lead happened is because you and the UNHCR that you represent allowed impunity on the part of Hamas and their affiliate groups.
Hamas fired ten thousand rockets at Israel since 2001. You (the UNHCR) did nothing.
Hams declared war on Israel in 2008, punctuating this with more than 40 rockets and mortars. You did nothing.
Israel sent more than fifty letters to the UN pleading for help. You still did nothing.
Israel said that if Hamas did not stop they would use force. You *still* did nothing.
So you see, if you and the UNHCR had *done your job* and ended the impunity that the Palestinian terrorist groups enjoyed so much, Cast Lead would never have happened and all those people would still be alive. And *now* you claim that this impunity must stop?
Why do you only step in when Israel defends itself? How is that *not* hypocritical?
So its UNHCRs fault that Israel oppresses Palestinians and the duly elected Gov of Palestine resists.... Israel does not recognize the Gov of Palestine and they have no army, your people crush any attempt at organizing. You force them to fight like dogs and rats, and to live like dogs and rats, and then you decry their resistance against you.
Israel is not sincere about any kind of reconciliation with Palestine, this is the same strategy that has been followed since the late 1930s and it has continued without abatement...
You can't defend the indefensible.
"When we say that the Arabs are the aggressors and we defend ourselves ---- that is only half the truth. As regards our security and life we defend ourselves. . . . But the fighting is only one aspect of the conflict, which is in its essence a political one. And politically we are the aggressors and they defend themselves." (Righteous Victims, p. 652)
David ben Gurian in reference to the First Intifada 1938
The whole point of this article was that Israelis and Palestinians do whatever they want without someone stepping in to stop them (hence: "impunity").
Palestinians are allowed to fight Israel.
Israelis are allowed to defend themselves.
But they both need to do it within the rules of law, right? Except that when Palestinians break the rules, they get a free pass. Because people like you will always be there to apologize for them and justify their crimes. When Israel breaks the rules, suddenly it's a problem.
It's the UNHCR's fault for not treating the two sides equally. If they had done what they were supposed to, this never would have happened. And you know this, so you are trying to change the subject by blindly blaming Israel (rule #16).
BTW: David Ben Gurion has been dead for decades. He doesn't run Israel anymore.
It is unfortunate that any country can act with impunity but we know that it happens with the US and to a lesser extent with Israel and is probably more or less true with other countries. We know that the US and Israel have attacked countries in the middle east, e.g. Iraq, Afghanistan, Pakistan, Lebanon and Syria with impunity.
Bring the war criminals in the US, Israel and Gaza to justice. We are a smaller world now and we need to see that there is justice and accountability.
Navi Pillay,
Your detractors will be out in force, but thank you for giving voice to the outrageous offenses against Palestinian families in Gaza, the West Bank & Jerusalem. The whole of the international community is behind you with very few exceptions, with the US Congress & what now appears to be weakness in the Obama adm as well, being among them. You need to know, however, that many Americans do support you & your efforts for humanity.
PALESTINIANS USE AMBULANCES AND UN VEHICLES for military purposes. Hey, boys will be boys,. Why complain....
http://www.youtube.com/watch?v=1Y3BWYiLvn8
Change the subject. Demonize the victim. The world isn't buying. Thank you Navi for speaking out on behalf of humanity. Please keep up your good works!
Pillay is simply wrong as a factual matter in her assertion that the blockade "cannot possibly serve the interests of peace." The blockade demonstrates to the palestinians, bith in Gaza and the West Bank, that the Hamas path does not advance the interests of the Palestinians. As a result, all polls show that Fatah's popularity has significantly increased, and Hamas' has plummeted. Since Hamas continues to reject any compromise on its demands, and worse rejects a permanent peace treaty because it refuses to accept the reality of Jewish sovereignty, HELPING hAMAS DAMAGES HOPES FOR PEACE. (no cap intended)
It is fair to ensure that Palestinians are ensured basic food, health and shelter resources. Except for building materials, it appears that the PALESTINIANS have their basic needs met. While opposition to the blockade on humanitarian grounds is not wrong per se, Israel has a legitimate national security interest in maintaining the blockade against an enemy with which it is at war against.
Ah, punish the civilians because Hamas is bad. Makes a lot of sense. That's assinine...
Who put Hamas in power?
Sending 18 year olds -- drafted civilians-- across an open field into the face of machine gun fire so that 80% of the front line units will be killed is assinine, but there is no other way to fight a war. Was Normandy assinine.
The Gazans are not being killed or deprived of basic necessities. "Punish" is a label you choose for ideological purposes. It is not a neutral, factual description without judgment. In a war, civilians always bear hardship. America, based on a one-time event from people located on the other side of theplanet who had tro plan for several years to make the attack, lauched an invasion that resulted in thousands of civilian deaths and hundreds of thousands of refugees. If your security personally was threatened, you'd be the first one screaning for the government to take military action to secure your freedom from risk or threat.
You are free to call it assinine. But you merely reveal your partisan passion and your lack of reasoned consideration. One can object and oppose it in a rational matter, but that is not what you are doing with your emotional screed.
Palestinains have a right to dream of self-determination. But not at expense of Israel and Jews.
Palestinian have chosen to fight it out and lost at every step of the way.
One would think that they would consider a way of co- existence. If no other reason than constant military defeats.
But it seems to be difficult, when so many outsiders far more interested in attacking Israel then Palestinian welfare.
"Fighting Israel until the last Palestinian" is still the predominant slogan among many Muslims of the world.
Now reality: Small peaceful demilitarized state, or nothing at all. Take it or leave it.
That's the deal. And nothing else will be available.
Palestinians chose to resist would be a better way of saying it. Israel decided to take that which did not belong to it and that is the root of the matter. It did so through violence and ethnic cleansing....
or are you forgetting the Luhi gang and their introduction of air piracy/ highjacking to the world?
I am sure that if you were a Palestinian who was driven from his home you would fight back... Israel shows no mercy and considers itself the "Holy Exception". How does this serve anyone but Israel? What entitiles you to ethincally cleans and oppress people in ghettos particularly after the sorry treatment Jews received at the hands of the NAZIS... That was also ethnic cleansing and it wasn't just Jews or have you forgotten?
You can bluster all you want to , it doesn't invite respect.
"I am sure that if you were a Palestinian who was driven from his home you would fight back..."
-Palestinians have been expelled from Tunisia, Jordan and Kuwait. When was the last time one of those countries got hit by a rocket or suicide bomb? Newsflash: Their hatred of Israel is not motivated by "expulsions" 60 years ago.
"What entitiles you to ethincally cleans and oppress people in ghettos particularly..."
1. Distortion. And you know it.
2. What entitles Israel to take actions against the Palestinians? The many wars and murders the Palestinians committed against Israel. That's what.
Hmm, lungfish,made his choice... to let Palestinian fight to last Palestinian.
Hey why not, as long he himself is safely in the West.
And the bombs coming out of Gaza will be stopped how? The guarantee that the repatriated people of Gaza won't be terrorists will be enforced how? These are the same people who were dancing in the street when the Twin Towers and Pentagon were attacked, and Americans should feel sorry for them why? This is a serious problem that needs serious attention. Calling on one party in a disagreement to acquiesce (particularly when that party has, to date, been holding the upper hand) seems disingenuous at best. Americans will not turn on Israel for any number of reasons: A vocal Jewish constituency. An active Christian constituency who believes a Jewish Israel will see Christ's second coming. A population who remembers the holocaust and doesn't want another one. And finally, the people of Gaza have no oil, so there is absolutely no motivation to take up their cause. Perhaps if they had, as the Israelis don't, the government could be persuaded to take some action against Israel. As it is they are going to have to solve this problem on their own. Get rid of the extremists and terrorists .Prove that you can live peacefully with your Israeli neighbors, support will follow.
I had to re-read the article. Having done so, I can see not one part of it that includes "Calling on one party in a disagreement to acquiesce"
Hamas had all but stopped the rocket attacks prior to Operation Cast Lead, with ONE rocket being fired during the month before it started, and that acknowledged not to have been fired by Hamas but by a terrorist outside of Hamas control. One IS one too many, but the fact that it was only one suggests that Hamas can control such activity, given the incentives (peace, open borders, access to essential supplies, electricity, water and so on).
Hamas might respond:
Disproportionate attacks by the IDF will be stopped how?
Guarantees that the IDF will not committ further war crimes will be enforced how?
Unseemly zionist celebrations at the deaths of in over 1000 innocent civilians should cause us to feel sympathy for Israelis, why?
Both sides are condemned for their actions, and both should be brought to account.
It is unhelpful to maintain that it is the Palestinians who need to prove that they can live peacefully with their neighbours. Israel has shown, since 1947, that it, too often, fails to live in peace with its neighbours too.
Peace will not be achieved by constant repititions of the same old refrain, as the British found out in Northern Ireland, but by sworn enemies getting together, no matter how difficult that might be, and thrashing out their problems round a table.
"ONE rocket being fired during the month before it started, and that acknowledged not to have been fired by Hamas but by a terrorist outside of Hamas control. One IS one too many, but the fact that it was only one suggests that Hamas can control such activity,"
Do you see the contradiction there? And for the record, over 15 rockets and mortars have been fired in the month of September alone, which is well after Cast Lead ended.
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