There are many who claim Israel - as also Hamas - committed war crimes during the recent Gaza war. Needless to say, Israel, consistent with its behaviour over the years, has dismissed the allegations or claimed some legal basis for doing what it did.
As allegations and counter-allegations continue perhaps appointment of a UN investigator might resolve the issue once and for all.
FT. com reports:
"Richard Goldstone, a South African judge and former chief prosecutor at the international criminal tribunals for ex-Yugoslavia and Rwanda, will head an independent mission to investigate alleged war crimes by Israeli forces and Palestinian militants in Gaza, the United Nations said on Friday.
The four-strong mission, which is due to leave for the region within the next few weeks, was mandated by the Geneva-based UN Human Rights Council in a resolution in January, amid a world outcry over the scale of civilian casualties during Israel’s three-week offensive against Hamas fighters in Gaza.
“It is in the interest of all Palestinians and Israelis that the allegations of war crimes and serious human rights violations related to the recent conflict on all sides be investigated,” Judge Goldstone said."
The Israeli's have already weighed in with their response to the appointment, as FT. com records:
"However Yigal Palmor, spokesman for Israel’s foreign ministry, said the council had a history of singling out Israel for alleged wrongdoing and dismissed the planned investigation as a “farce”, whose outcome was fixed in advance."
Distinguished judge Goldstone's Report will doubtlessly be independent and judicial in nature. It is mark of the man and his unquestioned reputation of integrity and knowledge. Not to preempt Goldstone's Report, the US National Lawyer's Guild has issued a Report on the Gaza War following its own investigation. The Executive Summary reads as follows:
"During its 22 day offensive, Israeli forces killed more than 1400 Palestinians, including
at least 288 children, and injured over 5300, of which at least 1606 were children. The
majority of those killed were civilians. Two weeks after Israel declared a unilateral
ceasefire, a National Lawyers Guild Delegation of seven attorneys and one law student
traveled to Gaza to investigate the circumstances that led to the massive Palestinian
casualties, and to determine what, if any, violations of international law occurred, and
whether U.S. domestic law was violated as a consequence.
The Delegation found more than ample evidence to establish a prima facie case that the
Israeli military committed significant violations of international law in Gaza from
December 27, 2008, to January 18, 2009. Specifically, the delegation found that Israeli
forces appear to have violated:
• the principle of distinction by engaging in the willful killing of a number of
Palestinian civilians;
• the principle of proportionality by carrying out a number of attacks where the
“collateral damage” that resulted was vastly disproportionate to the direct military
advantage that could have been achieved by Israel;
• customary international law on the use of weapons by misusing certain weapons,
including the use of indiscriminate weaponry in residential and other heavily-
populated civilian areas;
• the obligation to provide medical care to the wounded by deliberately denying or
delaying access to medical care for wounded people; and
• the prohibition on attacking medical facilities and personnel."
As allegations and counter-allegations continue perhaps appointment of a UN investigator might resolve the issue once and for all.
FT. com reports:
"Richard Goldstone, a South African judge and former chief prosecutor at the international criminal tribunals for ex-Yugoslavia and Rwanda, will head an independent mission to investigate alleged war crimes by Israeli forces and Palestinian militants in Gaza, the United Nations said on Friday.
The four-strong mission, which is due to leave for the region within the next few weeks, was mandated by the Geneva-based UN Human Rights Council in a resolution in January, amid a world outcry over the scale of civilian casualties during Israel’s three-week offensive against Hamas fighters in Gaza.
“It is in the interest of all Palestinians and Israelis that the allegations of war crimes and serious human rights violations related to the recent conflict on all sides be investigated,” Judge Goldstone said."
The Israeli's have already weighed in with their response to the appointment, as FT. com records:
"However Yigal Palmor, spokesman for Israel’s foreign ministry, said the council had a history of singling out Israel for alleged wrongdoing and dismissed the planned investigation as a “farce”, whose outcome was fixed in advance."
Distinguished judge Goldstone's Report will doubtlessly be independent and judicial in nature. It is mark of the man and his unquestioned reputation of integrity and knowledge. Not to preempt Goldstone's Report, the US National Lawyer's Guild has issued a Report on the Gaza War following its own investigation. The Executive Summary reads as follows:
"During its 22 day offensive, Israeli forces killed more than 1400 Palestinians, including
at least 288 children, and injured over 5300, of which at least 1606 were children. The
majority of those killed were civilians. Two weeks after Israel declared a unilateral
ceasefire, a National Lawyers Guild Delegation of seven attorneys and one law student
traveled to Gaza to investigate the circumstances that led to the massive Palestinian
casualties, and to determine what, if any, violations of international law occurred, and
whether U.S. domestic law was violated as a consequence.
The Delegation found more than ample evidence to establish a prima facie case that the
Israeli military committed significant violations of international law in Gaza from
December 27, 2008, to January 18, 2009. Specifically, the delegation found that Israeli
forces appear to have violated:
• the principle of distinction by engaging in the willful killing of a number of
Palestinian civilians;
• the principle of proportionality by carrying out a number of attacks where the
“collateral damage” that resulted was vastly disproportionate to the direct military
advantage that could have been achieved by Israel;
• customary international law on the use of weapons by misusing certain weapons,
including the use of indiscriminate weaponry in residential and other heavily-
populated civilian areas;
• the obligation to provide medical care to the wounded by deliberately denying or
delaying access to medical care for wounded people; and
• the prohibition on attacking medical facilities and personnel."
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