Justice Must be Served: HRC Must Refer FFM and Expert Committee Reports to the GA Today

The United Nations Human Rights Council (HRC) is considering the situation in the Occupied Palestinian Territory (oPt) in the context of its sixteenth regular session (item 7) today.
It will consider the report of the Committee of Experts, and reports by the High Commissioner for Human Rights.
The Permanent Observer Mission of Palestine is expected to table a draft resolution adopting the Committee of Experts and forwarding it to the UN General Assembly (GA).
  Just over two years have passed since Israel’s military campaign in the Gaza Strip (Operation Cast Lead) and its victims are yet to see justice.
The Committee of Independent Experts first and second reports were appointed by the HRC to assess the compliance by Israel and the Palestinian authorities to the GA resolution 64/254, including the independence, effectiveness, genuineness of these investigations and their conformity with international standards.
The Committee has concluded that the investigations are inadequate and do not live up to international legal requirements.
  The Committee drew its conclusions largely by focusing on the investigations carried out by the UN Fact-Finding Mission, headed by Justice Richard Goldstone (the FFM) and other investigations by local and international human rights NGOs.
It must be pointed out that these investigations represent a drop in a sea; as they dealt with only part of the violations committed during this Operation.
Moreover, Israel has persisted in its refusal to investigate policies that led to such serious violations of international law and; consequently, massive harm to civilian life and wellbeing.
  Israel has since continued to carry out attacks and implement policies that violate international law.
This includes the almost four-year blockade on Gaza, prevention of medical access, and military attacks that fail to distinguish between civilians and combatants; especially in land and sea areas where Israel restricts civilian movement.
Today, there is an escalation in Israeli attacks on Gaza and threats of major military action.
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  Since both the General Assembly and the Security Council have been seized with this matter, Al Mezan Centre for Human Rights believes there is no need for further delay and that it is essential for the UN to take steps towards the full implementation of the recommendations of the FFM.
In order to establish justice under the inadequacy of domestic mechanisms, international mechanisms must be used immediately.
Failure to do so will only create a situation where similar trends of violations of international law are likely to occur.
  Al Mezan Centre for Human Rights therefore calls on: -          The international community to uphold their legal obligations to ensure respect for international law and bring an end to the prevailing climate of impunity for violations of international law, but also respond to the grievances of such violations that have been committed in the oPt.
The international community is also called to bring an immediate end to the illegal Israeli blockade on Gaza.
-          The Human Rights Council to promote justice and recommend that the General Assembly reconsider the FFM Report and act on its recommendations; including urging the Security Council to refer this file to the International Criminal Court (ICC).
-          The High Commissioner for Human Rights, to act on the recommendations of the FFM, to promptly establish an escrow fund to ensure timely compensation for the victims of Operation Cast Lead.
-          The ICC Prosecutor to promptly determine to investigate the case of Palestine.
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