21 September 2009
UN Report Finds War Crimes in Gaza Conflict
By Mario A. Flores
Special Features Editor, Impunity Watch Journal
New York, United States – Justice Richard Goldstone, Head of the United Nations Fact-Finding Mission on the Gaza Conflict, concluded Tuesday that both sides in the Israeli-Palestinian conflict in Gaza committed war crimes and possible crimes against humanity, raising the prospect that officials may seek persecution in the International Criminal Court.
From December 27, 2008 to January 18, 2009, the Israeli army launched a major ground offensive in the Gaza Strip, called Operation Cast Lead in response to Hamas rocket attacks on the Israeli town of Sderot. Goldstone’s report found that Israel’s use of disproportionate force in Gaza resulted in the death of about 1,400 Palestinians, of which 926 were civilians including 313 children and 116 women. On the Israeli side, 13 people were killed, including 3 civilians.
The report also described the firing of rockets by Hamas at Israeli towns and villages as a war crime.
The Golstone Report proposed a series of non-binding recommendations to Israel and the Palestinians, such as:
1. Recommendations to Israel:
a. Israel should immediately cease the border closures and restrictions of passage through border crossings and allow passage of goods into Gaza.
b. Israel should cease restrictions on sea access for Palestinian fishermen and allow fishing activities within 20 nautical miles of shore.
c. Israel should review the rules of engagement, standard operating procedures and open fire regulations. It should avail itself of international and local experts, including the International Committee of the Red Cross, to ensure compliance with international law.
d. Israel should allow freedom of movement for Palestinians within the territories and between Gaza and the West Bank.
e. Israel should release prisoners detained in connection with the occupation.
f. Israel should stop interfering with national political processes in the territories.
g. Israel should cease actions inside Israel aimed at limiting criticism by the public concerning Israeli policy and military operations in Gaza.
h. The government should refrain from acts of reprisal against Israelis and Palestinians who testified before the committee.
i. Israel should reiterate its commitment not to harm UN premises and personnel.
2. Recommendations to Palestinian armed groups:
a. Palestinian armed groups should respect international law.
b. The groups holding Gilad Schalit should release him or at least recognize his status as a POW.
3. To responsible Palestinian Authorities (PA):
a. The PA should instruct security forces under its command to abide by human rights norms and investigate all allegations of serious human rights violations.
b. The PA and Gaza authorities should immediately release all political detainees.
c. The PA and Gaza authorities should continue to enable free and independent operation of NGOs.
For additional information, please see:
The New York Times – U.N. Study Is Called Unfair to Israel – 18 September 2009
The Examiner – War crimes: Goldstone led UN commission critical of Israel – 20 September 2009
ABC News – Both sides culpable in Gaza War: UN report – 16 September 2009
