Palestinians seek Gaza war crimes justice
By EDITH M. LEDERER
UNITED NATIONS (AP) - The Palestinians on Wednesday warned
Israel they will seek justice for war crimes, allegedly committed
during last winter's Gaza conflict, in the U.N. Security Council
and through the International Criminal Court.
Riyad Mansour, the Palestinian U.N. observer, urged the General
Assembly to support a resolution, stemming from a report by South
African Judge Richard Goldstone, that calls on Israel and the
Palestinians to carry out independent investigations of human
rights violations.
Mansour also insisted Israel's ``aggressions and crimes'' cannot
be equated ``with actions committed in response by the Palestinian
side.''
Stressing that ``peace cannot be achieved without justice,''
Mansour said: ``We are determined to follow up this report and its
recommendations in all relevant international forums, including the
Security Council and the International Criminal Court, until the
realization of justice.''
But Israel's U.N. Ambassador Gabriela Shalev warned that ``the
Goldstone report and this debate do not promote peace - they damage
any effort to revitalize negotiations in our region.''
Goldstone's report recommended the Security Council require both
sides to carry out credible investigations into alleged abuses
during the conflict - in which 13 Israelis and almost 1,400
Palestinians, including hundreds of civilians, were killed, and
thousands wounded - and to follow that up with action in their
courts.
If either side refuses, the investigators recommended the
Security Council refer the evidence for prosecution by the
International Criminal Court, the world's first permanent war
crimes tribunal.
The Security Council, however, is highly unlikely to take any
action.
The United States has repeatedly said the report belongs in the
Geneva-based Human Rights Council, which appointed the Goldstone
panel. Diplomats said Russia and China also don't want the Security
Council dealing with human rights issues. All three countries have
veto power in the Security Council.
The International Criminal Court can only investigate crimes on
the territory of nations that recognize its jurisdiction, unless a
case is referred to it by the Security Council.
The Palestinian Authority recognized the court in January and
urged prosecutors to launch an investigation into crimes committed
during the Gaza conflict, but prosecutors are investigating whether
this is possible since there is no state of Palestine.
Israel's Shalev said the report ignored ``the reality of
terror'' from the 12,000 rockets and mortars fired by Hamas
militants from Gaza into southern Israel - ``and the complexity of
military challenges in fighting terrorists in urban warfare.''
She dismissed the Goldstone panel as ``a politicized body with
predetermined conclusions.''
``Time and again,'' Shalev said, ``the report inverts Israel's
unprecedented extensive efforts to save civilian lives as proof
that any civilian casualties were therefore deliberate.''
The report and the Palestinian-backed resolution received strong
support from virtually all the speakers who addressed the assembly
Wednesday. The meeting was scheduled to resume Thursday morning.
The Goldstone report concluded that Israel used disproportionate
force, deliberately targeting civilians, using Palestinians as
human shields, and destroying civilian infrastructure during the
incursion to root out Palestinian rocket squads.
It accused Palestinian armed groups of deliberately targeting
civilians and trying to spread terror through its rocket attacks on
southern Israel. Hamas, the main rival to the Palestinian Authority
which Mansour represents, controls Gaza and most armed groups in
the territory.
The Goldstone panel accused both Israeli forces and Palestinian
militants of war crimes and possible crimes against humanity and
called for independent and credible investigations by the Israelis
and the Palestinian side within three months.
The draft resolution asks Secretary-General Ban Ki-moon to
report to the General Assembly, within three months, on
implementation ``with a view to considering further action, if
necessary, by the relevant United Nations organs and bodies.''
Mansour predicted the resolution will ``absolutely'' be
approved.
11/04/09 19:02
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