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: JURIST - The Paper Chase

Israel, US criticize 'biased' UN rights report on possible Gaza war crimes

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] A spokesman for Israeli Prime Minister Ehud Olmert Tuesday derided a report to the UN Human Rights Council that accused Israel of human rights violations during its recent military operations in Gaza. The report, authored by UN Special Rapporteur Richard Falk, criticized Israel for failing to take adequate precautions to distinguish between civilians and combatants in their offensives in the region, and called for an independent investigation to determine whether Israel committed war crimes. Olmert spokesman Mark Regev told AFP Tuesday that the report was one-sided and politically motivated, adding that Israel denies committing any war crimes. Israeli Defense Force (IDF) Chief of Staff Lt. Gen. Gabi Ashkenazi maintained that Israeli soldiers acted morally throughout the conflict, noting that an internal investigation is underway. A US State Department (DOS) spokesman echoed Israel's view that the report was biased, calling the rapporteur's views "anything but fair." The IDF's conduct during the Gaza offensive has been heavily criticized by various rights groups. On Monday, Physicians for Human Rights-Israel accused the IDF of violating its own code of ethics and general principles of human rights by impeding the treatment of those who needed medical care during the conflict. Last week, a group of 16 human rights investigators and judges sent an open letter to UN Secretary-General Ban Ki-Moon and the UN Security Council calling for an investigation into alleged Israeli war crimes. In January, UN High Commissioner for Human Rights Navi Pillay called for an independent investigation of possible war crimes and human rights violations in Gaza. International Criminal Court (ICC) Chief Prosecutor Luis Moreno-Ocampo is reportedly exploring whether the ICC has jurisdiction to launch war crimes prosecutions in connection with the Gaza incidents. Israel has already begun to consider defenses against possible war crimes charges, partly based on claims that it used white phosphorus in a civilian area.

Full post as published by JURIST - The Paper Chase on March 25, 2009 (boomark / email).