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

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

NEW YORK, United States – Leaders from Israel, the Palestinian Territories, and the United States will meet on September 22 on the sidelines of the General Assemble at the United Nations in New York, though none of the parties holds high expectations for the meeting.

The planned meeting is the culmination of intense efforts over the past several months by U.S. Middle East envoy George Mitchell and the Obama Administration to create an atmosphere conducive to restarting peace talks between the Israelis and Palestinians.

White House Press Secretary Robert Gibbs said on September 21 that the Obama Administration did not hold any “high expectations” of any major breakthroughs in the peace process, but that U.S. President Barack Obama hoped that the meeting would “continue to build on progress,” moving closer to actual negotiations.

Political realities in Israel and the Palestinian Territories, however, may push any negotiations far into the foreseeable future. Saeb Erekat, the chief Palestinian negotiator, has said that as long as Israel is unwilling to talk about a freeze on Jewish settlements in the West Bank and the issue of a right to return for Palestinian refugees, the Palestinians will not come to the table.

Israeli Prime Minister Benjamin Netanyahu acknowledged his refusal to freeze settlements, but says that decisions on borders and settlements cannot be made until talks begin. Prime Minister Netanyahu’s governing coalition is right-wing and adamantly pro-settlement.

Another complicating factor in the peace process is the continuing animosity between the two Palestinian ruling parties—Fatah, which governs the West Bank and is the party of Palestinian president Mahmoud Abbas, and Hamas, which governs the Gaza Strip. Hamas Prime Minister Ismail Haniyeh stated that Hamas will reject any agreement that comes out of the meeting in New York. Haniyeh’s statement is indicative of the deep political divide in the Palestinian Territories; in an August public opinion poll by Khalil Shikaki, only 12% of Palestinians said they expected a reconciliation between the governments in the West Bank and Gaza Strip in the near future.

Despite widespread pessimism regarding any progress in the U.S. meeting, representatives from the three other so-called Quartet of Middle East peace negotiators – Russia, the European Union, and the United Nations – all still plan to hold meetings with the Israelis and Palestinians during the General Assembly.

For more information, please see:

Ma’an News Agency – White House Seeks to Lower Expectations Ahead of Abbas-Netanyahu Meet – 21 September 2009

Voice of America – US, Israeli, Palestinian Leaders to Meet in New York – 21 September 2009

Christian Science Monitor – Can Hamas Spoil Obama’s Three-Way Mideast Summit? – 20 September 2009

New York Times – Obama to Meet With Mideast Leaders – 20 September 2009

Al Jazeera – US Fails to Make Peace Breakthrough – 19 September 2009

By Brandon Kaufman
Impunity Watch Reporter, Middle East

By Ahmad Shihadah

Impunity Watch Reporter Middle East Desk

SA’DA, Yemen – The United Nations (UN) is renewing its efforts to stabilize the conflict in the Sa’da region of Yemen between government forces and the Al-Huthi rebels. Following an air raid on which killed over eighty civilians, the international community calling for both a ceasefire to allow aid in to the region and for an investigation into the attack. The UN currently estimates that 150,000 people have been displaced in the north by the fighting since 2004.

UN Secretary General Ban Ki Moon has called on the Yemeni government and the Al-Huthi fighters to a cease fire to allow humanitarian aid the reach affected northern regions. He also expressed concern about the large number of civilian deaths in the region. The US embassy in the capital city of Sana’a has also called for a 72-hour ceasefire to allow access for aid and has welcomed the Yemeni government’s announcement that it will hold in investigation into the devastating raids.

Further Navi Pillay, the UN High Commission for Human Rights, called for an inquiry into the air raids and described the casualty reports “deeply disturbing.” The High Commissioner’s spokesman, Rupert Colville, says Pillay is urging the government to investigate and refrain from launching similar attacks in the future.

Another main concern of the High Commissioner is the limited access of aid workers in the region.  As a result, civilians are being deprived of much needed food, water, and medication. UN refugee spokesman Melissa Fleming calls the humanitarian situation alarming and illustrates this by saying, “five weeks into the conflict, Sa’da City remains virtually isolated and inaccessible for the UN humanitarian community.”  The UN efforts to gain assistance to the people of Sa’da through Saudi Arabia are still pending security clearances from both governments. Aid agencies are strapped for cash and their appeals to the international community are still falling on deaf ears

For more information please see:

UN News Centre – As fighting resumes in Yemen, UN agency renews call for aid corridor – 22 September 2009

VOA News – UN rights official calls for investigation into Yemeni Civilian Deaths – 18 September 2009

Al- Jazeera – UN calls for Yemen Ceasefire – 19 September 2009

By Nykoel Dinardo
Senior Desk Officer, Middle East

SANA’A, Yemen– On September 17, a government-planned air strike in Northern Yemen killed as many as eighty-seven civilians. The air strike was part of the military campaign against the Huthi Rebels, a Shi’ite group fighting the Yemeni government. Many of the missiles fired in the raid fell on a refugee camp in Al Adi, a town on the Northern Border. Most of the casualties reported are women, children, and elderly.

Current reports on the humanitarian situation in Northern Yemen state that at least 150,000 people have been displaced by the fighting in the region.  However, media sources in the area report that warplanes continue to bomb the area daily.  

Sheik Mohammed Hassan, a local tribal leader, told the Associated Press that air strikes on September 16 hit near a school and under a bridge where many civilians had taken shelter.  He went on to say that those that had hidden were crushed to death as a result of the damage from the air raids, and that tractors had to pull the dead from the rubble later.  

Human Rights groups have spoken out against the fighting claiming that the humanitarian effects are taking a high toll on the people of Yemen. Human Rights Watch has demanded that the Yemeni government promptly investigate the air raid to determine who was in charge and responsible for planning the attack.   They demand that the Yemeni government look into the situation explaining that this could be “a horrific attack on civilians.”

The United Nations Children’s Fund (UNICEF) has also voiced their concerns.  In a news report released soon after the air raid, UNICEF expressed their rising concern about the situation, especially the number of children casualties.  

UNICEF Regional Director Sigrid Kaag explained that the high number of civilian casualties, particularly children, is “unacceptable.”  Kaag elaborated, “Children should not be caught in conflict.  Their right to health, protection and safety must be protected at all times.”  UNICEF has demanded that Yemen take action pursuant to international legal norms to ensure that children are kept out of harm’s way.  

For more information, please see:

Associated Press – Tribal Leader: 87 Civilians Killed in Yemen Strike – 17 September 2009

Guardian – Yemen Air Force Accused of Killing Scores of War Refugees – 17 September 2009

UN New Centre – UNICEF Sounds Alarm in Yemen After Deadly Air Raid on Camp for Displaced – 17 September 2009

Voice of America News – Yemeni Air Raid Reported to Kill 87 Civilians – 17 September 2009

Human Rights Watch – Yemen: Investigate Aerial Bomb Attacks – 16 September 2009