DN! UN Accuses Israel of War Crimes in Gaza

DN! UN Accuses Israel of War Crimes in Gaza:

"UN Official Accuses Israel of War Crimes in Gaza

Meanwhile, the United Nations special rapporteur on human rights in the Palestinian territories, Richard Falk, accused Israel Monday of committing war crimes in Gaza. Falk called for an independent inquiry to examine possible war crimes committed by both Israel and Hamas. Richard Falk: The overall ratio of deaths—1,434 on the Palestinian side, thirteen on the Israeli side—is suggestive of the one-sidedness of the military encounter and provides a basis for challenging the legality of initiating a military assault with modern weaponry against an essentially defenseless society."



The following is a ReliefWeb Document:

Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk (A/HRC/10/20)

Source: United Nations General Assembly; United Nations Human Rights Council
Date: 17 Mar 2009

HUMAN RIGHTS COUNCIL
Tenth session
Agenda Item 7

HUMAN RIGHTS SITUATION IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES

Summary

In the light of resolution S-9 adopted by the Human Rights Council at its ninth special session, the present report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 focuses on the main international law and human rights issues raised by Israel military operations commencing on 27 December 2008 and ending on 18 January 2009. He challenges the widespread emphasis on whether Israeli force was disproportionate in relation to Palestinian threats to Israeli security, and focuses on the prior question of whether Israeli force was legally justified at all. He concludes that such recourse to force was not legally justified given the circumstances and diplomatic alternatives available, and was potentially a crime against peace.

The Special Rapporteur also gives relevance to the pre-existing blockade of Gaza, which was in massive violation of the Fourth Geneva Convention, suggesting the presence of war crimes and possibly crimes against humanity. He considers the tactics pursued during the attacks by both sides, condemning the firing of rockets at Israeli civilian targets, and suggests the unlawfulness of disallowing civilians in Gaza to have an option to leave the war zone to become refugees, as well as the charges of unlawful weapons and combat tactics. He recommends that an expert inquiry into these matters be conducted to confirm the status under international law of war crimes allegations, and to consider alternative approaches to accountability.

Finally, the Special Rapporteur insists that Israeli security and the realization of the Palestinian right of self-determination are fundamentally connected, and that the recognition of this aspect of the situation suggests the importance of an intensified diplomatic effort, respect by all parties of relevant international law rights, and implementation of the long deferred Israeli withdrawal from occupied Palestine as initially prescribed by the Security Council in its resolution 242 (1967). Until such steps are taken the Palestinian right of resistance within the limits of international humanitarian law and Israeli security policy will inevitably clash, giving rise to ever new cycles of violence. The Special Rapporteur also recommends action in response to the denial by Israel of entry to him on 14 December 2008

Full Report (pdf* format - 128.9 Kbytes)

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