PRESS RELEASE   The EMHRN calls on the EU and its Member States to support the UN Fact Finding Mission report on Gaza[1] and its recommendations   The EMHRN fully supports the Report of the United Nations Fact Finding Mission on the Gaza Conflict, released on 15 September 2009, including its conclusions and recommendations.
The report is a significant step forward towards justice and redress for the victims.
Therefore, the EMHRN urges the EU to openly support the report of the Fact Finding Mission and to follow-up on the recommendations of the report and to implement those relevant to the EU and to its Member States.
  This report, which concludes that both Israeli military forces and Palestinian armed groups have violated international law and committed war crimes amounting to grave breaches of the Geneva Conventions and possibly crimes against humanity, corroborates the findings of numerous international, Israeli and Palestinian human rights organizations and the Arab League.
The report also establishes that the series of human rights violations stemming from Israel's treatment of Gaza population; including its blockade of Gaza, could amount to persecution, a crime against humanity   The EMHRN regrets the refusal of Israel to cooperate with the Mission.
The EMHRN would like to stress that the Fact Finding Mission, has succeeded in garnering broad support, including from the EU[2], due to the composition of the mission and its own declared intentions of impartiality and professionalism.
The President of the UN Human Rights Council accepted the Mission’s request to broaden the mandate of the Fact-Finding Mission “to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.
” [3]   Israel’s record regarding its own investigations is less than satisfactory and reflects a general atmosphere of impunity for the military and security forces in Israel.
[4] As stated by the Fact Finding Mission “in the circumstances, there is little potential for accountability for serious violations of international humanitarian and human rights law through domestic institutions in Israel and even less in Gaza”[5].
It is therefore of utmost importance that the international community ensures accountability for violations of international law committed and that it puts pressure on Israel to conduct independent and impartial investigations domestically and otherwise take the necessary measure to ensure accountability abroad.
The EMHRN reminds the EU and its Member States that the International Court of Justice affirmed in its Advisory Opinion on the Wall that “all States Parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.
'[6]   In the past, the EMHRN has urged the EU Member States to abide by their obligations under international law to ensure respect for the Geneva Conventions.
The EMHRN has also expressed concerns regarding the EU’s failure to act to stop Israeli’s military operations and the continued blockade of the Gaza Strip, as well as its ambivalent support for accountability measures[7].
As the Mission states, “a firmer and principled stance by the international community on violations of international humanitarian and human rights law and long delayed action to end them”[8] is needed.
  The EMHRN took note of the EU’s intention to “follow closely investigations into alleged violations of international humanitarian law”[9] and now urges the EU and its Member States to publicly support the recommendations of the Fact Finding Mission and to follow up on and implement them.
In doing so the EU and its Member States should:   ·         Use all diplomatic and legal tools at their disposal, including those stipulated in the EU-Israel Association Agreement, in order to compel Israel to comply with the Mission’s recommendations.
According to the Mission, Israel should undertake an independent and impartial investigation into the serious violations of international humanitarian and human rights law as reported in the Mission’s report and immediately lift of the illegal blockade on the Gaza Strip.
Furthermore, Israel must ensure Palestinians’ freedom of movement within as well as to and from the OPT; lift travel bans currently placed on Palestinians based on their human rights related or political activities; release Palestinians who are detained in Israeli prisons in connection with the occupation; allow family visits for prisoners from Gaza incarcerated in Israeli prisons; and release all members of the Palestinian Legislative Council.
The EU should not upgrade its relations with Israel as long as Israel does not comply with these demands.
  Support and work for endorsement of the Mission’s recommendations by the Human Rights Council at its current session in Geneva from 14 September to 2 October 2009.
  ·         Support and work for the creation of an independent committee of experts in international humanitarian and human rights law to monitor and report on any domestic, legal or other proceedings undertaken by Israel and the relevant authorities in Gaza.
Furthermore the EU must urge Israel and the authorities in Gaza to cooperate with the Committee and to closely follow its conclusions.
  ·         To support and work for the establishment of a mechanism to ensure compensation by Israel to Palestinian civilians for damages and losses it has caused them during the military operation.
  ·         Urge Switzerland as the depositary of the four Geneva Conventions to convene a conference of the High Contracting Parties to the Fourth Geneva Convention of 1949 on measures to enforce the Convention in the OPT and to ensure its respect in accordance with article 1.
  ·         To support a referral to the prosecutor of the International Criminal Court if good faith investigations are not conducted in order to ensure accountability for the crimes committed.
  ·         Initiate criminal investigations in national courts, by means of universal jurisdiction, where there is sufficient evidence of the commission of grave breaches of the Fourth Geneva Convention.
      [1] Commonly referred to as the “Goldstone Report”.
2 Human Rights Council, special session on situation in Gaza, 15 June 2009, available at http://unispal.
un.
org/unispal.
nsf/361eea1cc08301c485256cf600606959/de5eda1fef346083852575d6004f017b?OpenDocument 3 Report of the United Nations Fact Finding Mission on the Gaza Conflict “Human Rights in Palestine and Other Occupied Arab Territories”, Advanced Edited Version, p.
39.
4 For more information please see EMHRN’s Note on the Human Rights Situation in Israel and  the OPT, in the view of  the fourth meeting of the EU-Israel Informal Human Rights Working Group (3 September 2009) available at http://en.
euromedrights.
org/files.
php?force&file=/EMHRN_note_EU_Israel_HR_WG___Sept_09_639742987.
pdf  5 Report of the United Nations Fact Finding Mission on the Gaza Conflict, Op.
Cit.
, p.
544, paragraph 1761.
6 International Court of Justice, Advisory Opinion of 9 July 2004 “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, p.
202; available at http://www.
icj-cij.
org/docket/files/131/1671.
pdf 7 Please see EMHRN’s Report “Active But Acquiescent: EU’s Response to the Israeli Military Offensive in the Gaza Strip” available at http://en.
euromedrights.
org/files/Reports/Active_but_acquiescent_421597335.
pdf.
8 Report of the United Nations Fact Finding Mission on the Gaza Conflict, Op.
Cit.
, p.
532, paragraph 1713.
9 Statement of the European Union at the ninth meeting of the EU-Israel Association Council, Luxemburg, 15 June 2009, p.
4.
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