Full Text Israel Political Brief July 3, 2015: Full text of UNHRC resolution on Gaza war probe

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Full text of UNHRC resolution on Gaza war probe

Motion passed on Friday by UN Human Rights Council welcomes findings of McGowan Davis commission

Source: Times of Israel, 7-3-15

UNHRC United Nations Human Rights Council
UNHRC Gaza Conflict Commission of Inquiry
Operation Protective Edge

The following is the full text of Friday’s UN Human Rights Council resolution backing last week’s report by the Gaza Conflict Commission of Inquiry. It is titled “Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem”:

​The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the relevant rules and principles of international law, including international humanitarian law and human rights law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

Recalling also the Universal Declaration of Human Rights and the other human rights covenants, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child,

Recalling further its relevant resolutions, including resolutions S-9/1 of 12 January 2009 and S-21/1 of 23 July 2014, and the report of the United Nations Fact-Finding Mission on the Gaza Conflict,

Expressing its appreciation to the independent commission of inquiry on the 2014 Gaza conflict for its comprehensive report,

Affirming the obligation of all parties to respect international humanitarian law and international human rights law,

Emphasizing the importance of the safety and well-being of all civilians, reaffirming the obligation to ensure the protection of civilians in armed conflict, and deploring the civilian deaths that resulted from the conflict in and around the Gaza Strip in July and August 2014, including the killing of 1,462 Palestinian civilians, including 551 children and 299 women, and six Israeli civilians,

Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law, including possible war crimes, including the findings of the United Nations Fact-Finding Mission on the Gaza Conflict, of the independent commission of inquiry on the 2014 Gaza conflict, and of the boards of inquiry convened by the Secretary-General,

Condemning all violations of human rights and of international humanitarian law, and appalled at the widespread and unprecedented levels of destruction, death and human suffering caused,

Stressing the urgency of achieving without delay an end to the Israeli occupation that began in 1967,

Deploring the non-cooperation by Israel with the independent commission of inquiry on the 2014 Gaza conflict and the refusal to grant access to or to cooperate with international human rights bodies seeking to investigate alleged violations of international law in the Occupied Palestinian Territory, including East Jerusalem,

Regretting the lack of implementation of the recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict, which follows a pattern of lack of implementation of recommendations made by United Nations mechanisms and bodies,

Alarmed that long-standing systemic impunity for international law violations has allowed for the recurrence of grave violations without consequence, and stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,

Emphasizing the need for States to investigate grave breaches of the Geneva Conventions of 1949 to end impunity, uphold their obligations to ensure respect, and promote international accountability,

Noting the accession by Palestine to the Rome Statute of the International Criminal Court on 2 January 2015,

1.​ Welcomes the report of the independent commission of inquiry on the 2014 Gaza conflict;

2. ​Calls upon all duty bearers and United Nations bodies to pursue the implementation of all recommendations contained in the report of the commission of inquiry, in accordance with their respective mandates;

3.​ Notes the importance of the work of the commission of inquiry and of the United Nations Fact-Finding Mission on the Gaza Conflict of 2009 and the information collected regarding grave violations in support of future accountability efforts, in particular, information on alleged perpetrators of violations of international law;

4. ​Emphasizes the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account through appropriate fair and independent domestic or international criminal justice mechanisms, and to ensure the provision of effective remedy to all victims, including reparations, and stresses the need to pursue practical steps towards these goals;

5.​ Calls upon the parties concerned to cooperate fully with the preliminary examination of the International Criminal Court and with any subsequent investigation that may be opened;

6.​ Calls upon all States to promote compliance with human rights obligations and all High Contracting Parties to the Fourth Geneva Convention to respect, and to ensure respect for, international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfill their obligations under articles 146, 147 and 148 of the said Convention with regard to penal sanctions, grave breaches and the responsibilities of the High Contracting Parties;

7.​ Recommends that the General Assembly remain apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations made by the United Nations Fact-Finding Mission on the Gaza Conflict in its report has been or is being taken appropriately at the domestic or international levels to ensure justice for victims and accountability for perpetrators;

8.​ Requests the United Nations High Commissioner for Human Rights to present, as part of the reporting requested by the Human Rights Council in its resolutions S-9/1 and S-12/1, a report on the implementation of the present resolution, as well as on the implementation of the recommendations contained in the reports of the independent commission of inquiry on the 2014 Gaza conflict and of the United Nations Fact-Finding Mission on the Gaza Conflict, to the Council at its thirty-first session;

9.​ Decides to remain seized of the matter.

 

 

 

 

 

 

Full Text Israel Political Brief July 3, 2015: PM Benjamin Netanyahu Responds to the UNHRC Decision Transcript

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PM Netanyahu Responds to the UNHRC Decision

Source: PMO, 7-3-15
Prime Minister Benjamin Netanyahu, today, responded to the UN Human Rights Council decision:

“The UN Human Rights Council is not interested in the facts and is not really interested in human rights.

On the day on which Israel was fired at from Sinai, and at a time when ISIS is committing vicious terrorist attacks in Egypt, as Assad slaughters his people in Syria and as the number of arbitrary executions per annum climbs in Iran – the UN Human Rights Council decides to condemn the State of Israel for no fault of its own, for acting to defend itself from a murderous terrorist organization.

Israel is a stable democracy in the Middle East that upholds equal rights for all its citizens and acts in accordance with international law.

Those who fear to openly attack terrorism will – in the end – be attacked by terrorism.

The council that has hitherto adopted more decisions against Israel than against all other countries cannot call itself a human rights council.

The State of Israel will continue to defend its citizens against those who call for its destruction and take daily action to achieve this goal.”

Full Text Israel Political Brief June 22, 2015: Israeli response to the UNHRC Commission of Inquiry

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Israeli response to the UNHRC Commission of Inquiry

Source: MFA, 6-22-15
It is regrettable that the report fails to recognize the profound difference between Israel’s moral behavior during Operation Protective Edge and the terror organizations it confronted. This report was commissioned by a notoriously biased institution, given an obviously biased mandate.
The 2014 Gaza Conflict: Factual and Legal Aspects – The Full Report

Israel is studying the Commission of Inquiry Report (COI) from the United Nations’ Human Rights Council (UNHRC). However, some initial comments can be made about the COI process in general:

1) It is well known that the entire process that led to the production of this report was politically motivated and morally flawed from the outset. Just as Israel seriously considered every complaint, no matter its origin, it will also seriously study this report. We take note of the fact that the authors of this report admitted that they lacked much of the relevant information.

It is regrettable that the report fails to recognize the profound difference between Israel’s moral behavior during Operation Protective Edge and the terror organizations it confronted.

2) This report was commissioned by a notoriously biased institution, given an obviously biased mandate, and initially headed by a grossly biased chairperson, William Schabas. The UNHRC has a singular obsession with Israel, passing more country specific resolutions against Israel than against Syria, Iran and North Korea combined – in fact, more than against all other countries combined. The commission of inquiry’s mandate presumed Israel guilty from the start and its original chairman, William Schabas, was compelled to resign due to a blatant conflict of interest (paid work for the Palestinians), which he concealed from the United Nations.

3) The COI also lacked the necessary tools and expertise to conduct a professional and serious examination of armed conflict situations.

Israel will consider the report in light of these essential failings. It would encourage all fair-minded observers to do the same.

4) Israel is a democracy committed to the rule of law, forced to defend itself against Palestinian terrorists who commit a double war crime: They indiscriminately target Israeli civilians while deliberately endangering Palestinian civilians, including children, by using them as human shields.

5) In defending itself against attacks, Israel’s military acted according to the highest international standards. This was confirmed by a comprehensive examination by Israeli military and legal experts, as well as reports produced by internationally renowned military professionals.

6) Israel will continue to uphold its commitment to the law of armed conflict despite the brutal tactics of its enemies. Israel will continue to investigate alleged wrongdoing in accordance with international standards and to cooperate with those UN bodies that conduct themselves in an objective, fair and professional manner.
See: The 2014 Gaza Conflict: Factual and Legal Aspects – THE FULL REPORT

Full Text Israel Political Brief June 22, 2015: PM Benjamin Netanyahu’s Statement on the UNHRC Commission of Inquiry report

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Statement by PM Netanyahu on the UNHRC Commission of Inquiry report

Source: MFA, 6-22-15
Israel does not commit war crimes. Israel is defending itself from a murderous terrorist organization that calls for its destruction and which has perpetrated many war crimes. We will not sit, and have not sat, idly by.
Israel will continue to uphold its commitment to the laws of armed conflict despite the brutal tactics of its enemies, and it will continue to investigate any allegations of wrongdoing in accordance with highest international standards.

Prime Minister Benjamin Netanyahu, today (Monday, 22 June 2015), at the Knesset, issued the following statement:
“The report on Operation Protective Edge issued by the commission appointed by the UN Human Rights Council is biased. The commission that wrote this report was appointed by a council that calls itself the ‘Human Rights Council.’ In effect, it does everything but look after human rights. This is a body that condemns Israel more than Iran, Syria and North Korea combined. It first appointed to head the commission a man who was caught inciting against the State of Israel and who also took money from the Palestinians. It first began to investigate events in the region from the day after – the day after – the kidnapping of the three youths, who were murdered. It is on this basis that one needs to consider its findings, conclusions and recommendations.
Israel is defending itself and is doing so in accordance with international law. We are not the only ones who say this. Last week we issued a detailed, professional report that evaluated our actions, in accordance with international law, against terrorists that fire at civilians and hide behind civilians. This is also backed up by the report issued by senior US and European generals who claimed, and reached the conclusion, that Israel defended itself in accordance with the standards of international law. But they say, ‘above and beyond’. One of the senior generals said that there is no country that acted like the State of Israel and went beyond the letter of the law to observe international law.
Israel does not commit war crimes. Israel is defending itself from a murderous terrorist organization that calls for its destruction and which has perpetrated many war crimes. Any country that wants to live would have acted this way. But the commission expects a country, the citizens of which have been attacked by thousands of missiles, to sit idly by. We will not sit, and have not sat, idly by. We will continue to take strong and determined action against all those who try to attack us and our citizens, and we will do so in accordance with international law.”

* * *
Prime Minister Benjamin Netanyahu issued the following statement today (Monday, 22 June 2015):
“Israel is a democracy committed to the rule of law. Time and again it is forced to defend itself against Palestinian terrorists who commit a double war crime: They deliberately target civilians while deliberately hiding behind Palestinian civilians. The Palestinian civilians they use as human shields include children, and they deliberately target our civilians while deliberately putting their civilians in harm’s way.
In defending itself against such attacks, Israel’s military acted, and acts, according to the highest international standards.
The report in hand was commissioned by a notoriously biased institution; it was given an obviously biased mandate; it was initially headed by a grossly biased chairperson who received money from the Palestinians and was forced to resign.
The United Nations Human Rights Council has a singular obsession with Israel. It has passed more resolutions against Israel than against Syria, North Korea and Iran combined. In fact, it has passed more resolutions against Israel that against all the countries of the world combined.
So, Israel treats this report as flawed and biased, and it urges all fair-minded observers to do the same. Such fair-minded observers recently investigated Israel’s conduct in the Gaza campaign. They include senior generals from the United States and NATO countries. They found that not only did Israel uphold the highest standards of international law, in the laws of armed conflict, they said that Israel exceeded the highest standards.
Israel will continue to uphold its commitment to the laws of armed conflict despite the brutal tactics of its enemies, and it will continue to investigate any allegations of wrongdoing in accordance with highest international standards.”

Israel Political Brief June 6, 2013: Palestinians slam Israel despite move to restore UNHRC ties

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Palestinians slam Israel despite move to restore UNHRC ties

Source: Jerusalem Post, 6-7-13

At UN Human Rights Council debate, US, Canada welcome Israel’s letter expressing a desire to re-engage with council after having cut ties; PLO representative: An exchange of letters can not be considered effective engagement….READ MORE

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