UN-Truth

UNSG BAN Ki-Moon transmitted the information he has received in the past week or so from (1) Israel, (2) the Palestinian Authority, and (3) Hamas, in response to a UN General Assembly resolution adopted last November calling on the three parties to establish credible independent and impartial investigations into the last winter’s Gaza war.

The UNSG said, however, in a short cover note, that “no determination can be made on the implementation of the resolution by the parties concerned”, although he expressed the hope that the General Assembly’s resolution will, in fact, result in probes “that are independent, credible and in conformity with international standards”.

What does that mean?

Well, the ball is back in the UN General Assembly’s court.

Israel’s YNet news website reported that “Arab sources said General Assembly President Ali Treki is to convene the GA for an additional session on the Israeli response to the Goldstone Report before the end of February”. This can be read in full here.

Haaretz reported that “One senior Western diplomat described Ban’s letter as ‘deadpan and procedural’ … ‘I have called upon all of the parties to carry out credible domestic investigations’, Ban said in the [cover] letter. ‘I hope that such steps will be taken wherever there are credible allegations of human rights abuses’.” This can be read in Haaretz here.

A massive, unprecedented Israeli military operation in Gaza, which the IDF code-named “Cast Lead”, was launched on 27 December 2008, and ended by two separate cease-fires (Israel’s and Hamas’) on 18 January 2009.

The UN Human Rights Council in Geneva authorized a mission to look into what happened. South Africa’s Justice Richard Goldstone headed a team which spent several months gathering evidence, and produced a 575-page report compiling facts they were able to gather on the ground, from media and expert reports, and from direct testimony in Gaza, Amman, and Geneva.

The UN Human Rights Council “recommended” the Goldstone report to the UN General Assembly, which endorsed the call for independent investigations.

As the Jerusalem Post reported today, “no decision was made in Jerusalem prior to Ban’s submitting his report about whether an independent judicial committee would be set up to look into Goldstone’s allegations, and if such a body were created, what form it would take. ‘No such decision was taken’, one government source said Thursday when asked if Israel would establish a committee, adding that he did not know whether any such decision would be made. ‘We think that the report we submitted stands on its own,” the official said. “It is a comprehensive, independent report that meets international standards for transparency’ … The IDF, meanwhile, is continuing preparation of an in-depth, point-by-point rebuttal of the Goldstone report, which is expected to number over 1,000 pages and be ready within a number of weeks”. This is on the JPost website here.

The Guardian newspaper reported last week that UN mine action team, which handled ordnance disposal in Gaza after Operation Cast Lead, discovered the remains of a 500-pound Mk82 aircraft-dropped bomb in the ruins of a major Gaza flour mill last January, challenging Israel’s report that said the flour factory was not deliberately targeted, and that it had not been hit by an air strike but rather by tank shells. Haaretz noted that “Although no one died in the attack on what was the only operational mill in Gaza, the incident received particular criticism from Goldstone, who concluded that the bombing was ‘intentional and precise’ and was ‘carried out for the purpose of denying sustenance to the civilian population’.” Haaretz added that the Israeli report submitted to the UNSG last week said that “The military advocate general did not find any evidence to support the assertion that the mill was attacked from the air using precise munitions, as alleged in the human rights council fact-finding report,” it said. The military advocate general found no reason” to order a criminal investigation”. This Haaretz report can be read in full here.

As Mondoweiss reported, The Palestinian Commission on Human Rights expressed “its surprise at UN Secretary-General Ban Ki Moon’s response to these investigations. Ban reportedly stated that ‘no determination can be made on the implementation of the resolution by the parties concerned’, despite the fact that Resolution A/Res/61/10 explicitly called for the Secretary-General to ‘report on the implementation of the present resolution’. Mr. Ban did not express any concern regarding the evident problems arising from the lack of an independent, credible, impartial civilian investigation committee and over the lack of progress to-date. As representatives of the victims of the atrocities committed during the Israeli attacks on Gaza in December 2008 and January 2009, PCHR is shocked and appalled by this lack of responsibility. The Secretary General has the duty to ensure, through UN mechanisms, accountability for perpetrators of war crimes and redress for their victims. If he has any doubt regarding the credibility of the methods or results of the investigations – which he should, due to the fact that Israel did not establish an independent, civilian investigation committee with powers of criminal prosecution – these should be communicated in his report to the General Assembly, which should then refer the issue to the Security Council”.

Filed under: BAN Ki-Moon, Gaza, Human Rights, Israel, Palestine & Palestinians, UN General Assembly