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

ISRAEL POLITICAL BRIEF

ISRAEL POLITICAL BRIEF: ISRAEL NEWS

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.

 

 

 

 

 

 

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

ISRAEL POLITICAL BRIEF

ISRAEL POLITICAL BRIEF: ISRAEL NEWS

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

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