UN chief to refer Goldstone report to Security Council

Published today (updated) 07/11/2009 16:55

Bethlehem - Ma'an -

The UN Security Council will begin discussions of the Goldstone report "as soon as possible," UN Secretary-General Ban Ki-moon said on Friday.

"As requested by the General Assembly, I will transmit the report of the Fact Finding Mission to the Security Council," he told reporters in Kabul. "I would strongly urge the parties concerned to engage, without preconditions, to discuss this matter."

His announcement followed Thursday's overwhelming majority decision by members of the General Assembly to pass a resolution calling first for the endorsement of the report's call for independent investigations on alleged Israeli and Palestinian war crimes under the supervision of the secretary-general, and second for the report to be taken up to the Security Council.

General Assembly President Ali Al-Turaiki (Treki) urged all sides to conduct credible investigations. "The world is united on human rights," he said. "The vote was a strong declaration against impunity, and in support of justice and accountability."

"While the General Assembly has fulfilled its responsibility and will remain seized over the matter, it is vital that all concerned now devote efforts to implement the resolution and ensure follow up," he added.

Israel is still expected to declare its readiness to conduct investigations, he said, although the country has rejected the resolution. Nonetheless, Treki expressed hope that the Israeli government would respond positively to the resolution and conduct investigations.

He said a request to Israel had been made to conduct credible investigations, in accordance with international standards, to get to the bottom of the charges detailed by the report. Although it has rejected the resolution, Treki expressed hope that the Israeli government would eventually come around and embrace the resolution's terms.

The Palestinian side has been requested to do the same, he noted, within a three-month period. The de facto government in the Gaza Strip vowed, via Egypt, to take the allegations seriously and conduct an impartial investigation.

Taking questions, first on the follow-up he expected from the Security Council, Treki said it was extremely important that an overwhelming majority of states voted in support of the Human Rights Council report and of Goldstone.

He expressed hope that the High Contracting Parties to the Fourth Geneva Convention would hold a meeting, with the participation of international experts, that would take into account a report prepared by the Arab League, as well as other facts unearthed by European investigators and independent parties. Importantly, the Swiss government, as depositary of the Geneva Convention on the Protection of Civilians in Time of War, agreed to the assembly's request to study the Gaza findings, he said, particularly on the use of certain weapons.

"This would be extremely helpful in determining the facts of the situation and serve the search for peace," he said. It was important for peace talks to resume, he said, once measures agreed by the Quartet had been implemented and settlement activities halted.

Asked whether he thought any further action would be taken by the Security Council or the International Criminal Court, he said that the council was the "master of its own decisions." Noting its responsibility to maintain international peace and security, and to protect human rights, he said the council would have a role to play. "I hope it will rise up to that responsibility."

To a question on whether it would have been important for the assembly to have garnered more votes on the resolution, if it had conceded to the European Union's request to change the word "endorse" to the word "welcome" in reference to the Human Rights Council report, he said the text's co-sponsors, which had led the negotiations, could address that.

Voting for the resolution were 114 countries, including China, Russia, Arab and non-aligned states, as well as some South American and European countries. Eighteen voted against, including Israel, the US, Canada, Italy and Australia, while 44 abstained, including most EU nations, including France and the UK.

General Assembly resolutions are non-binding.

Un General Assembly Urges Israel To Conduct Credible Investigations Into War Crimes In Gaza

Friday November 06, 2009 18:24 by Palestine News Agency - WAFA

The United Nations General Assembly Thursday, by a recorded vote of 114 in favour to 18 against, with 44 abstentions, adopted a resolution giving Israel and the Palestinians three months to undertake 'independent, credible investigations' into serious violations of international humanitarian and human rights law committed during the conflict in Gaza that broke in late December 2008.

By its decision, the 192-member Assembly endorsed the report of the world body's Geneva-based Human Rights Council on its twelfth special session, which had considered, on 15 and 16 October 2009, the output of the United Nations Fact Finding Mission on the Gaza Conflict. That Mission was led by renowned South African Jurist Richard Goldstone, and its report, widely known as the 'Goldstone Report', concluded that both Israel and Hamas had committed possible war crimes during the conflict.

The Assembly requested Secretary-General Ban Ki-moon to send the Goldstone Report to the Security Council. It further recommended that the Swiss Government, as depositary of the Geneva Convention relating to the Protection of Civilian Persons in Time of War, take steps convene 'as soon as possible' a Conference of High Contracting Parties to the Fourth Geneva Convention, on measures to enforce that Convention in the Occupied Palestinian Territory, including East Jerusalem.

Finally, the text, drafted by Arab League and Non-Aligned Movement delegations, asked the Secretary-General to report back within three months on the implementation of the resolution, with a view to considering further action by relevant United Nations bodies, including the Security Council. In doing so, they decided to remain 'seized' of the issue.

'Tonight is a very important night in the history of the General Assembly; in the history of fighting impunity and seeking accountability', the Permanent Observer for Palestine said after the vote. He thanked the Assembly for its consideration of the Goldstone Report, and to those States that had submitted, co-sponsored and voted in favour of the resolution.

'This journey of fighting impunity is a long one,' he said, adding that, in light of the Assembly's request that the Secretary-General send the Goldstone Report the Security Council, he would keep knocking on the Council's door to ensure that body shouldered its responsibility. His delegation was preparing for the Conference of High Contracting Parties and would work closely with the High Commissioner on Human Rights to address the issue of compensation and establishment of a compensation fund. 'International law is on our side,' he said.
Those voting against the resolution were: Australia, Canada, the Czech Republic, Germany, Hungary, Israel, Italy, Marshall Islands, Micronesia, Nauru, the Netherlands, Palau, Panama, Poland, Slovakia, Macedonia, Ukraine and the USA.

Those abstaining were: Andorra, Austria, Belgium, Bulgaria, Burkina Faso, Burundi, Cameroun, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Fiji, France, Finland, Georgia, Greece, Iceland, Japan, Kenya, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Monaco, Montenegro, New Zealand, Norway, Papua New Guinea, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Samoa, San Marino, Spain, Swaziland, Sweden, Tonga, Uganda, United Kingdom, and Uruguay.

All other countries voted in favour of the resolution - including EU member states Cyprus, Ireland, Malta, Portugal and Slovenia - except States that were absent. Switzerland, a depositary of the Fourth Geneva Conventions mentioned in the resolution, also voted in favour.

Absent were Bhutan, Cape Verde, Cote d'Ivoire, Equatorial Guinea, Honduras, Kiribati, Madagascar, Sao Tome Principe, Seychelles, Togo, Turkmenistan, Tuvalu and Vanuatu.

Israel Is Not A Tolerant Society, Says US State Department

Saturday November 07, 2009 09:22 by Saed Bannoura - IMEMC & Agencies

Israeli daily, Haaretz, reported that according to a new report by the U.S State Department, Israel fails all requirements of a tolerant pluralistic society.

The report added that Israel does not show enough tolerance towards minorities, falls short in equality for ethnic groups, and is not showing openness towards the streams of its society and the respect towards holy sites and other historic sites, Haaretz reported.

The American report was written by the Bureau of Democracy, Human Rights and Labor.

It indicated that Israel is discriminating against Muslims, Jehovah’s Witnesses, Christians, women, Bedouins, and even against Reform Jews.

The report also states that although Israel has a law in place since 1967 regarding the protection of all holy sites in Jerusalem, it still applies protection regulations to Jewish sites but not to other sites as the state does not officially consider non-Jewish sites as holy places.

Haaretz further reported that all 137 sites officially recognized a holy are Jewish, and thus neglecting several Muslim and Christian holy sites, therefore, the non-Jewish holy sites are subject to exploitation by Israeli authorities and real estate entrepreneurs.

The discrimination even reached more than 300.000 immigrants who are allegedly Jewish but are not recognized as such by the rabbinical law, therefore they cannot get married or divorced in the country, and cannot be buried in its cemeteries.