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UN report finds evidence both Israel and Palestine committed Gaza war crimes

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

[JURIST] Both Israel and Palestine committed war crimes that may amount to crimes against humanity during December and January's Operation Cast Lead in the Gaza strip, according to a report released Tuesday by the UN Fact Finding Mission on the Gaza Conflict headed by Richard Goldstone. The report found that Israel regularly impermissibly disregarded the welfare of civilians and even targeted civilians during the conflict in violation of the International Covenant on Civil and Political Rights, the Fourth Geneva Convention, and the First Additional Protocol to the Geneva Convention. The report also found that Israel failed to look into alleged misconduct by its soldiers and used white phosphorous in violation of international law. The report accused Palestinian fighters of firing mortars indiscriminately into civilian areas and mistreating prisoner of war Gilad Shalit in violation of the Third Geneva Convention. Israel dismissed the report as prejudiced and one-sided, citing the large number of countries that did not support the fact finding mission. The report, which will be presented to the UN Human Rights Council September 29, recommends that the UN Security Council order Israel to investigate allegations of war crimes and prosecute any offenders. The report also recommended that a copy be sent to the International Criminal Court and that signatories of the Geneva Conventions begin to use universal jurisdiction where possible to investigate and prosecute grave violations of the Conventions. Last month, a separate report by the UN High Commissioner for Human Rights Navi Pillay concluded that Israel's Operation Cast Lead violated international law as well as Palestinian rights. The mission began its field operations in Gaza in June, entering Gaza through Egypt's Rafah crossing after Israel announced that it would not cooperate with the investigation because it doubted the mission's objectivity, and concluded hearings in July. Goldstone was appointed to head the investigation in April, amid strong criticism from Israel. The impetus for the probe was a February report, authored by UN Special Rapporteur Richard Falk, which criticized Israel for failing to take adequate precautions to distinguish between civilians and combatants in their offensives in the region. Both Israel and the US criticized the report, calling the rapporteur's views "anything but fair." In April, an internal Israeli military investigation found that war crimes had not been committed in the offensive despite individual reports by Israeli soldiers. Israel has already disputed a previous report to the UNHRC that accused it of human rights violations.

Full post as published by JURIST - The Paper Chase on September 15, 2009 (boomark / email).