Human Rights Council to discuss Gaza Strip

Human Rights Council to discuss Gaza Strip:

"United Nations, New York, 2 June 2009 - Daily Briefing by the Office of the Spokesperson for the Secretary-General. The eleventh session of the United Nations Human Rights Council opened today in Geneva, Switzerland. This session will conclude on June 19.

Over two weeks, the Council will consider - among others - the protection of human rights of civilians caught in armed conflict, and the draft principles of extreme poverty and human rights.

During this time, the Council will also discuss the dispatch of an urgent, independent international fact-finding mission to investigate all violations of international law against the people of Palestine throughout the Occupied Territories, especially in the Gaza Strip.

Human Rights Council Live and on-demand Webcast:
http://www.un.org/webcast/unhrc"



Press Release

Ref: 71/2009
Date: 02 June 2009
Time: 10:00 GMT

Palestinian Human Rights Organizations Deliver Open Letter to Mr. Ban Ki-Moon Condemning His Failure to Uphold International Law and His Decision to Allow Political Considerations Take Precedence over the Protection of Victims

At 12 o’clock today, Palestinian human rights organizations delivered a joint open letter to United Nations (UN) Secretary-General Mr. Ban Ki-Moon. The letter addresses key concerns arising consequent to Mr. Ban’s comments and actions in relation to the recent report of the UN Board of Inquiry into certain incidents in the Gaza Strip between December 27 2008 and 19 January 2009.

As detailed in the open letter, the Palestinian Center for Human Rights (PCHR) and other Palestinian human rights organizations, believe that Mr. Ban’s actions undermine the foundations on which the UN was established, damage the Organization’s legitimacy, and demonstrate a disregard for the victim’s and principles the UN is mandated to protect. The victims of the Gaza Strip should not be made to suffer such an affront, as the Secretariat which was created to serve and protect them stands aside and becomes complicit in the crimes of an ongoing illegal occupation.

Attached to the Board’s report, the Secretary-General submitted a cover letter for the attention of the Security Council. The joint open letter submitted today highlights certain aspects of this letter, and their implications.

For example, Mr. Ban expressly placed on the record his “appreciation for the cooperation provided by the Government of Israel to the Board, including its facilitation of the repeated entry of the Board to the Gaza Strip (emphasis added)”. This comment has serious implications: it serves to legitimize the illegal Israeli closure of the Gaza Strip – a closure which constitutes a form of collective punishment in violation of, inter alia, article 33 of the Fourth Geneva Convention – and which has resulted in the emergence of a humanitarian crisis in the Gaza Strip. By explicitly thanking the Occupying Power for making an exception to its consistent violations of international law, the Secretary-General is legitimizing the underlying illegality, and the suffering of Gaza’s 1.5 million inhabitants.

In relation to the Board of Inquiry’s 10th and 11th recommendations, which called for investigation into incidents “involving death or injury to UNRWA personnel … and/or physical damage to UNRWA premises that were not included in the Board’s Terms of Reference” and for an investigation into the wider allegations of international humanitarian

law violations throughout the course of Israel’s military offensive, Mr. Ban unambiguously stated that “I do not plan any further inquiry.” This explicit recommendation preempted a discussion by the Security Council, effectively taking the decision out of their hands. This decision is in conflict with the protection of victims, the interests of justice, and article 100(1) of the UN Charter. It raises suspicions of political interference. The Secretary-General’s failure to acknowledge the Human Rights Council mandated investigation, and his decision to place on the record his exclusive appreciation of the State of Israel’s efforts, are a disservice to the office of the Secretary-General and the victims the Secretariat is supposed to represent.

PCHR and the co-other signatories, note that some of the incidents documented in the Board of Inquiry’s report amount to war crimes. In the wider context of the offensive, human rights organizations have documented numerous cases of war crimes, grave breaches of the Geneva Conventions, and potential crimes against humanity. These crimes demand effective judicial redress. The importance of accountability with respect to combating impunity is well known. The Secretary-General’s decision to prevent the possibility of pursuing accountability contributes to a climate of impunity and the continuation of a cycle of violence and suffering. It is innocent civilians who pay the price.

Mr. Ban’s actions raise serious suspicions that the Secretary-General placed politics above the legitimate rights of victims and the demands of international law, in violation of Article 100(1) of the UN Charter.

The open letter was signed on behalf of The Palestinian Centre for Human Rights, Gaza (PCHR), Addameer Prisoner Support and Human Rights Association, Al Dameer Association for Human Rights, Gaza, Al-Mezan Center for Human Rights, Gaza, and Defence for Children International – Palestine Section (DCI-PAL).

Read The letter

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