Mr BAN KI MOON ,
Secretary-General of the United Nations,
Your Excellency
The Goldstone Report represented an important landmark in the fight for human rights and the rule of international law in the occupied Palestinian territory, primarily as a result of its specific accountability-focused recommendations. It is essential that the recommendations of this Report are implemented. The international community cannot continue to allow Israel to act as a State above the law, as it did following the International Court of Justice’s 2004 Advisory Opinion on The Wall. Furthermore the successful implementation of accountability for war crimes during Israel’s Operation Cast lead against the civilian population of Gaza will have an impact on the failing reputation and integrity of the United Nations which is also at stake.
With the above in mind, I wish to express my grave concern for your negligent response to Israeli, PA and Hamas investigations recommended by the Goldstone Report . You 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”.
I am surprised that you 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 Secretary General you have the duty to ensure, through UN mechanisms, accountability for perpetrators of war crimes and redress for their victims. The complete lack of credibility of the methods or results of the investigations given Israel did not establish an independent, civilian investigation committee with powers of criminal prosecution should have been communicated in your report to the General Assembly, which should then refer the issue to the Security Council.
The Goldstone Report in its Conclusion and Recommendations specifically anticipated a lack of cooperation by Israel and made recommendations to terminate Israel’s “ long-standing impunity”:
1964. The Mission believes that, in the circumstances, there is little potential for
accountability for serious violations of international humanitarian and human rights law through domestic institutions in Israel and even less in Gaza. The Mission is of the view that long-standing impunity has been a key factor in the perpetuation of violence in the region and in the reoccurrence of violations, as well as in the erosion of confidence among Palestinians and many Israelis concerning prospects for justice and a peaceful solution to the conflict.
(d) The Mission recommends that the Security Council should require the
independent committee of experts referred to in subparagraph (b) to monitor and report on any domestic legal or other proceedings undertaken by the relevant authorities in the Gaza Strip in relation to the aforesaid investigations. The committee should report at the end of the six-month period to the Security Council on its assessment of relevant domestic proceedings initiated by the relevant authorities in Gaza, including their progress, effectiveness and genuineness, so that the Security Council may assess whether appropriate action to ensure justice for victims and accountability for perpetrators has been taken or is being taken at the domestic level. The Security Council should request the committee to report to it at determined intervals, as may be necessary; (e) The Mission recommends that, upon receipt of the committee’s report, the Security Council should consider the situation and, in the absence of good-faith investigations that are independent and in conformity with international standards having been undertaken or being under way within six months of the date of its resolution under Article 40 by the appropriate authorities in Gaza, acting under Chapter VII of the Charter
of the United Nations, refer the situation in Gaza to the Prosecutor of the International Criminal Court pursuant to article 13 (b) of the Rome Statute;
(f) The Mission recommends that lack of cooperation by the Government of Israel
or the Gaza authorities with the work of the committee should be regarded by the Security Council to be obstruction of the work of the committee.
In light of Israel’s proven unwillingness to conduct genuine investigations, and the Palestinian Authorities’ non-compliance, resort must be had to mechanisms of international justice. The General Assembly should request the Security Council, acting under Chapter VII of the UN Charter, to refer the situation in the occupied Palestinian territory to the International Criminal Court. Concurrently, the High Contracting Parties to the four Geneva Conventions (1949) must fulfil their obligation to search for persons alleged to have committed grave breaches of the Geneva Conventions, and to bring such persons, regardless of their nationality, before their own courts.
Yours sincerely
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