Monday, March 22, 2010

Human Rights Council discusses follow-up to its ninth and twelfth special sessions on the Occupied Palestinian Territory

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Source: UN Human Rights Council
Date: 22 Mar 2010

MORNING

22 March 2010

High Commissioner for Human Rights Presents Reports

The Human Rights Council this morning heard a presentation
by the United Nations High Commissioner for Human Rights on
reports concerning the human rights situation in Palestine
and other Occupied Arab Territories and then held a general
debate on follow-up to the ninth and twelfth Special
Sessions of the Human Rights Council concerning the same
topic.

Navi Pillay, United Nations High Commissioner for Human
Rights, presenting four reports, said the report of the
Secretary-General on Human Rights in the Occupied Syrian
Golan was submitted pursuant to Human Rights Council
resolution 10/17, which requested the Secretary-General to
disseminate the resolution as widely as possible and report
on the matter to the Council. Her second periodic report
contained information on the implementation of
recommendations in resolution S-9/1 on grave violations of
human rights in the Occupied Palestinian Territory,
particularly due to the recent Israeli military attacks
against the Occupied Gaza Strip, and in response to the
Council's request for reports in sections A and C of
resolution S-12/1 on the human rights situation in the
Occupied Palestinian Territory, including East Jerusalem. It
also examined a trend of increasing violence and
discrimination against Palestinian women, who suffered not
only as a group living under occupation, but also as a group
subject to a patriarchal value system. On the report of the
Secretary-General on the status of implementation of
paragraph three of Human Rights Council resolution S-12/1 B,
this paragraph endorsed the recommendations contained in the
report of the United Nations Fact-Finding Mission on the
Gaza Conflict, and called upon all concerned parties,
including United Nations bodies, to ensure their
implementation in accordance with their respective mandates.
Ms. Pillay wished to draw the attention of the Council to
the issue of Palestinian pregnant women giving birth at
Israeli checkpoints. The report noted that there had been no
case of concern within the reporting period. From now on,
this issue would be addressed in periodic reports as
appropriate. Respecting, protecting and fulfilling human
rights obligations required that perpetrators of violations
be brought to justice. All parties in the Middle East
conflict, as well as the international community, should be
steadfast in demanding accountability for violations of
human rights and international humanitarian law.

Israel, speaking as a concerned country, said Israel would
focus particularly on investigations, legal proceedings, and
lessons learned in relation to the actions of the Israeli
Defense Forces in Gaza from 27 December 2008 though 18
January 2009. Israel recognized the importance of conducting
the investigative process in a timely manner, but it also
noted the need to ensure that legal processes were conducted
thoroughly and with full due process, and in a manner
comparable with that of other States, guided by a respect
for the rule of law.

Palestine, speaking as a concerned country, said it was very
pleased with the report of the Secretary-General.
Nonetheless, it was surprised at the delay of the
publication of that report. Palestine suggested that the
recommendations in the report now needed to be implemented.
Palestine called for the immediate reconstruction of Gaza,
which had still not happened because of the unfair blockade
against it by Israel. Palestine stressed its right to
self-determination and a State so that a solution could be
found for both parties.

In the general debate, speakers were worried about the
consistent breaches of international law by both sides, and
once again reiterated that settlements were illegal under
international law. The respect for international human
rights and humanitarian law in all circumstances remained an
essential precondition for achieving just and lasting peace
in the Middle East. Speakers urged Israel to permit the
access of humanitarian goods and rebuilding equipment into
the occupied territory and strongly condemned the expansion
of settlements, especially in East Jerusalem, which was a
flagrant violation of international law and threatened the
establishment of a sovereign Palestinian State. The
occupation was the main cause of the violation of the human
rights of the Palestinian people. Israel had repeatedly
violated principles of international humanitarian law, and
this indiscriminate use of force amounted to state-sponsored
terrorism. The Gaza blockade affected 1.5 million people,
half of whom were children, with devastating effects on the
rights such as to health, food, water, employment and
education. There must be an end to the illegal settlements
and the launching of rockets from the Occupied Palestinian
Territory against Israel. Israel and the Palestinian
Authority must live up to their obligations under
international law and investigate, immediately and in
keeping with international standards, denunciations of human
rights violations committed by both sides.

Speaking in the general debate were Spain on behalf of the
European Union; Sudan on behalf of the Arab Group, Egypt on
behalf of the Non Aligned Movement, Pakistan on behalf of
the Organization of the Islamic Conference, Cuba, Egypt,
Chile, China, Saudi Arabia, Brazil, Bahrain, Jordan,
Senegal, Norway, Djibouti, Japan, South Africa, Bangladesh,
Algeria, Yemen, Venezuela, Libya, Iran, League of Arab
States, Tunisia, Iraq, United Arab Emirates, Malaysia,
Syria, Switzerland, African Union, Sudan, Organization of
the Islamic Conference and Lebanon.

The following non-governmental organizations also took the
floor: Union of Arab Jurists, World WIZO Organization,
Women's International League for Peace and Freedom,
International Commission of Jurists, BADIL Resource Centre
for Palestinian Residency and Refugee Rights, Al-Haq, Law in
the Service of Man, Palestinian Centre for Human Rights,
Mouvement contre le Racisme et pour l'Amitié entre les
Peuples, Human Rights Watch, United Nations Watch,
North-South XXI, International Association of Jewish Lawyers
and Jurists, Cairo Institute for Human Rights Studies,
Amnesty International, World Union for Progressive Judaism,
and General Arab Women's Federation.

When the Council reconvenes at 3 p.m. this afternoon, it
will conclude its general debate on follow-up to its ninth
and twelfth Special Sessions, and will then hold a general
debate on the human rights situation in Palestine and other
Occupied Arab Territories.

Documents

The report of the Secretary-General on human rights in the
occupied Syrian Golan (A/HRC/13/52) is submitted pursuant to
Council resolution 10/17, which, among others, calls upon
Israel to comply with the relevant United Nations
resolutions declaring null and void Israel's decision to
impose its laws, jurisdiction and administration on the
occupied Syrian Golan, and demanding that Israel rescind
that decision. In view of Israel's refusal to cooperate with
OHCHR requests to conduct a mission to the area or to supply
information, the report contains a summary of replies from
Member States on this issue received from Morocco, Pakistan,
Algeria, Egypt and Syria.

The report of the United Nations High Commissioner for Human
Rights on the implementation of Human Rights Council
resolutions S-9/1 and S-12/1 (A/HRC/13/54), covering the
period 1 May to 3 February 2010, contains a follow-up report
on the situation in the Occupied Palestinian Territory, as
well as an examination of the human rights situation in
Gaza. It concludes that impunity for violations of human
rights and international humanitarian law remains
widespread, and needs to be addressed by all parties as a
matter of the highest urgency. Investigations launched by
the Israeli Government into alleged violations related to
the military operations in Gaza of December 2008-January
2009 remain inadequate and, while not much information is
available, there is at this point also no indication of
credible investigations having taken place with regard to
allegations of violations by Palestinian armed groups.

The report of the Secretary-General on the status of
implementation of paragraph 3 of A/HRC/S-12/1 (A/HRC/13/55)
reviews the status of implementation of all the
recommendations contained in the report of the United
Nations Fact-Finding Mission on the Gaza Conflict, looking
at actions taken by the Human Rights Council, the Security
Council, the Prosecutor of the International Criminal Court,
the General Assembly, the State of Israel, Palestinian armed
groups, the responsible Palestinian authorities, the
international community, the Secretary-General and the
Office of the United Nations High Commissioner for Human
Rights.

The report of the United Nations High Commissioner for Human
Rights on the issue of Palestinian pregnant women giving
birth at Israeli checkpoints (A/HRC/13/68/Rev.1) observes
that there has been no case reported since January 2009 and
recommends that the separate reporting requirement on this
issue be discontinued. OHCHR stands ready include a section
on births at checkpoints in its periodic reporting.

Presentation of Reports by High Commissioner for Human
Rights

NAVI PILLAY, United Nations High Commissioner for Human
Rights, presenting four reports, said the report of the
Secretary-General on Human Rights in the Occupied Syrian
Golan was submitted pursuant to Human Rights Council
resolution 10/17, which requested the Secretary-General to
disseminate the resolution as widely as possible and report
on the matter to the Council. The report reflected the views
of Member States in this regard. Her second periodic report
contained information on the implementation of
recommendations in resolution S-9/1 on grave violations of
human rights in the Occupied Palestinian Territory,
particularly due to the recent Israeli military attacks
against the Occupied Gaza Strip, and in response to the
Council's request for reports in sections A and C of
resolution S-12/1 on the human rights situation in the
Occupied Palestinian Territory, including East Jerusalem. In
the latter section, the Human Rights Council welcomed the
first periodic report of the High Commissioner, and endorsed
that report's recommendations, also calling upon all
concerned parties, including United Nations bodies, to
ensure their implementation in accordance with their
respective mandates. Consequently, the second periodic
report contained information on the implementation of these
recommendations. This included addressing the need for
accountability for serious human rights violations, and the
negative impact on human rights of the continuing blockade
on Gaza. The second periodic report also examined a trend of
increasing violence and discrimination against Palestinian
women, who suffered not only as a group living under
occupation, but also as a group subject to a patriarchal
value system. Other topics included the human rights
situation in and around East Jerusalem, in particular in
relation to forced evictions and home demolitions, Israeli
settlement activity in East Jerusalem and the West Bank and
violence that appeared to be linked to such settlement
activity.

On the report of the Secretary-General on the status of
implementation of paragraph three of Human Rights Council
resolution S-12/1 B, this paragraph endorsed the
recommendations contained in the report of the United
Nations Fact-Finding Mission on the Gaza Conflict, and
called upon all concerned parties, including United Nations
bodies, to ensure their implementation in accordance with
their respective mandates. In this context, the
Secretary-General's report focused on the status of the
implementation of the broad range of recommendations
contained in the report of the Fact-Finding Mission, and
reviewed every recommendation of the Fact-Finding Mission.
The information contained in the report was based on
monitoring carried out by the field presence of the Office
of the High Commissioner for Human Rights in the Occupied
Palestinian Territory. It was also based on information
received from States, inter-Governmental organizations and
other entities to which the Mission addressed
recommendations.

Ms. Pillay wished to draw the attention of the Council to
the issue of Palestinian pregnant women giving birth at
Israeli checkpoints. The report noted that there had been no
case of concern within the reporting period. From now on,
this issue would be addressed in periodic reports as
appropriate. Respecting, protecting and fulfilling human
rights obligations required that perpetrators of violations
be brought to justice. All parties in the Middle East
conflict, as well as the international community, should be
steadfast in demanding accountability for violations of
human rights and international humanitarian law.

Statements by Concerned Countries

AHARON LESHNO-YAAR (Israel), speaking as a concerned
country, said Israel would focus particularly on
investigations, legal proceedings, and lessons learned in
relation to the actions of the Israeli Defense Forces in
Gaza from 27 December 2008 though 18 January 2009. Israel
had published two papers on the topic. The first, from July
2009, addressed a range of factual and legal issues related
to the Gaza operation and described Hamas' rocket attacks on
Israel, more than 12,000 in the past eight years, and
smuggling of weapons and ammunition through tunnels on the
border with Egypt, among other issues. A second paper,
presented in late January 2010, provided a clear and updated
picture of the current status of Israel's investigations.
Israel's system for investigating alleged violations of the
Law of Armed Conflict was comparable to the systems adopted
by other democratic nations. It had multiple layers of
review to ensure impartiality and independence, including
the Military Advocate General's Corps. Of 150 incidents, so
far 36 had been referred for criminal investigations, and
through the end of January 2010 investigators had taken
information from almost 100 Palestinian complainants and
witnesses. The 150 investigations initiated following the
Gaza operation were not limited to incidents in the Human
Rights Council report of the United Nations fact-finding
mission on the Gaza conflict. The indictment of two
soldiers, as described, was an example of an investigation
of an incident not mentioned in that report. Israel
disagreed with the findings and recommendations of the
report, which reflected many misunderstands and fundamental
mistakes with regard to the Gaza operation, its purposes,
and Israel's legal system. Regarding the incidents described
in the human rights fact-finding report, even prior to the
publication of that report, Israel had already investigated
22 of the 34 incidents it addressed. The remaining 12
incidents, none of which had previously been brought to the
attention of the Israeli authorities, had been promptly
referred for investigation. Israel recognized the importance
of conducting the investigative process in a timely manner,
but it also noted the need to ensure that legal processes
were conducted thoroughly and with full due process, and in
a manner comparable with that of other States, guided by a
respect for the rule of law.

IBRAHIM KHRAISHI (Palestine), speaking as a concerned
country, said Palestine was very pleased with the report of
the Secretary-General. Nonetheless, it was surprised at the
delay of the publication of that report. That had led to
some astonishment. Palestine would like to know why there
had been this delay. Palestine suggested that the
recommendations in the report now needed to be implemented.
The Security Council had not yet reacted to the report. It
had been necessary to call for a draft resolution for a
follow up to the fact-finding mission, and a group of legal
experts. Palestine reiterated the importance of the role of
the Secretary-General of the United Nations, who had called
for the recommendations that arose from the fact-finding
mission. Palestine called for approaches, measures and
policies, which could create a reconstruction fund for the
Palestinian people, most of whom were victims. In that
regard, Israel would contribute the most as it had caused
the most damage. The Goldstone Report showed it was good to
call upon stakeholders to set up dialogue of a legal nature.
On the Fourth Geneva Convention, Palestine recalled that all
parties had to provide provisions in that regard. It called
on Switzerland to hold a conference before the end of the
year. Palestine called for the immediate reconstruction of
Gaza, which had still not happened because of the unfair
blockade against it by Israel. It would be necessary to
require the highest level of accountability. Palestine
stressed its right to self-determination and a State so that
a solution could be found for both parties.

General Debate on Follow-Up to Ninth and Twelfth Special
Sessions

JAVIER GARRIGUES (Spain), speaking on behalf of the European
Union, said the European Union appreciated the opportunity
to address the Human Rights Council with respect to the High
Commissioner's second periodic report, which raised many
serious concerns. The European Union once again conveyed its
concern about the humanitarian and human rights situation in
the Occupied Palestinian Territory. The European Union was
worried about the consistent breaches of international law
by both sides, and once again reiterated that settlements
were illegal under international law. The respect for
international human rights and humanitarian law in all
circumstances remained an essential precondition for
achieving just and lasting peace in the Middle East. The
European Union underlined the importance it attached in all
contexts to ensuring accountability and to countering
impunity for violations of international law, including
gross human rights violations, as it was essential in
preventing further violence and advancing the peace process.
The European Union deeply deplored the curtailment of
freedom of movement into and out of Gaza, import
restrictions and prohibition of exports that had severely
impaired the enjoyment of a wide range of economic, social
and cultural rights, as well as civil society, and asked the
High Commissioner how she assessed the evolution of Israeli
policy towards Gaza regarding freedom of movement of persons
and goods.

HAMZA AHMED (Sudan), speaking on behalf of the Arab Group,
said the Arab Group welcomed the second periodic report of
the High Commissioner and supported the recommendations
contained therein. The Arab Group called on Israel to permit
the access of humanitarian goods and rebuilding equipment
into the occupied territory; to work on the release of
Palestinian prisoners and representatives of political
leadership; and to guarantee the freedom of movement in
accordance with international accords, among others. The
Arab Group strongly condemned the expansion of settlements,
especially in East Jerusalem, which was a flagrant violation
of international law and threatened the establishment of a
sovereign Palestinian State. It also called on Israel to end
excavations around the Al-Aqsa mosque, also condemning
Israel's listing of mosques and other places on the heritage
list, which was counter to international law and
international treaties. The Group reaffirmed the rights of
Palestinian people, including their right to the
establishment of an independent State, called on the
occupying power to abide by international law, and called on
the international community to shoulder its responsibility.

HISHAM BADR (Egypt), speaking on behalf of the Non Aligned
Movement, said the Non-Aligned Movement appreciated the High
Commissioner's report. It was satisfied with the content
despite the delay. Regrettably, since last October, Israel
had continued its unlawful practices and violated human
rights in the Occupied Palestinian territories. It had
obviously not learnt from the past. Furthermore, Israel had
foregone all presumptions for a peaceful settlement. The
Non-Aligned Movement supported a call for an independent
committee to investigate the situation in the Occupied
Territories. It called on the High Commissioner to appoint
experts in that regard. The Non-Aligned Movement welcomed
the High Commissioner and supported her recommendations. It
agreed that occupation was the main cause of the violation
of the human rights of the Palestinian people. That had
pushed them further into depravation. It concurred with the
High Commissioner that occupation had led to the
fragmentation of the West Bank. The Non Aligned Movement
further welcomed the High Commissioner's assertion that all
occupation was illegal, believing that there should be an
independent inquiry into violations of human rights law. In
closing, the Non-Aligned Movement said the international
community should put an end to the persistent situation of
impunity. It could not turn a blind eye. It should send a
message that there could be no justification for violations
of human rights. Finally, the Non-Aligned Movement called on
all members of the Council to support the draft resolution.

ZAMIR AKRAM (Pakistan), speaking on behalf of the
Organization of the Islamic Conference, said Israel had not
relented in violating the human rights of the people of the
Occupied Palestinian Territory, in keeping with its
traditional disregard for international opinion. Israel's
aggression and human rights violations were deliberate and
pre-meditated. Its excuses of fighting terrorism could not
justify indiscriminate and unprecedented violations of human
rights of innocent, unarmed, and non-combatant Palestinians.
Each Israeli attack raised the concern that war crimes
continued to be committed by the occupying power. Israel had
repeatedly violated principles of international humanitarian
law, and this indiscriminate use of force amounted to
state-sponsored terrorism. Israel continued to obstruct an
impartial and independent investigation of its repressive
policies in defiance of its international obligations. The
two reports of the Secretary-General and the High
Commissioner further testified to these facts.
Notwithstanding the criticism of the international
community, impunity for violations of human rights and
international humanitarian law remained widespread under the
Israeli occupation, and it was time that Israel fulfilled
its obligations under the Fourth Geneva Convention, as an
occupying power, by ensuring the supply of all essential
goods of day-to-day use for the innocent people of Gaza to
live their lives. The follow-up resolution tabled by the
Organization of the Islamic Conference in this session
endorsed and demanded sincere implementation of the
recommendations made by the reports of Justice Goldstone and
the High Commissioner. The resolution should be adopted by
consensus, which would send the desired signal that the
international community could not and would not overlook the
grave violations of human rights committed by Israel.

RODOLFO REYES RODRIGUEZ (Cuba) said Israel had once more
ignored the resolutions of this Council, as it had done
repeatedly with decisions of the General Assembly and
Security Council. Israel had expanded its illegal
settlements on Palestinian territory. Cuba condemned that
energetically and demanded the immediate cessation of such
activities. The Palestinian Nation continued to be deprived
of its most basic rights; the human rights situation in the
Occupied Palestinian Territory required the Human Rights
Council's priority attention and the Council's decisions
must be implemented immediately. Cuba demanded the immediate
and impartial investigation of violations of international
human rights law during operation Cast Lead. Further, Cuba
reaffirmed its support to the cause of the people of the
occupied Arab territories, particularly the full enjoyment
of the Occupied Palestinian Territory's people of their
right to self-determination in a Palestinian State that was
independent and sovereign, with East Jerusalem as its
capital.

HISHAM BADR (Egypt) said Egypt had taken note of the
recommendations in the Goldstone report, which it would like
to see applied. Unfortunately, the picture was just as black
as last year. Israel was still in defiance of those
resolutions. It was time for Israel to apply international
laws. The international community must remind Israel that it
was not above the law. Israel had refused to cooperate with
Mr. Goldstone and to follow the recommendations in his
report. Egypt called on all Member States to apply the
recommendations in the report. There was a need to
investigate war crimes committed by both sides. There was
also a need to put an end to impunity. It was impossible to
continue respecting the Council, if day after day, Israel
maintained its attitude of scorn and defiance. Egypt called
for all of the Council's mechanisms to be used under the
appropriate mandate. It also asked the Council to fulfil its
responsibilities. Aggressions against East Jerusalem and the
holy sites were wholly unacceptable. Israel had always
worked towards peace in this region. That could only happen
once the Palestinians could enjoy their right to
self-determination.
CARLOS PORTALES (Chile) said Chile welcomed the report of
the High Commissioner. In its paragraph 65, the report
stated that impunity for violations of human rights and
international humanitarian law remained widespread, and
needed to be addressed by all parties as the matter of
highest urgency. In this regard, the report indicated that
investigations undertaken by the Israeli Government
continued to be inadequate in providing effective
reparations. The report also indicated that while the
investigation process was put in place by the Palestinian
authorities, there were at this point no credible
investigations of reports of human rights violations by
Palestinian groups. There was no respect of the right to
life, arbitrary detentions, obstacles to the right to
health, torture and other cruel and degrading treatment,
violence against women and girls, and many other points. The
Gaza blockade affected 1.5 million people, half of whom were
children, with devastating effects on the rights such as to
health, food, water, employment and education. There must be
an end to the illegal settlements and the launching of
rockets from the Occupied Palestinian Territory against
Israel. Israel and the Palestinian Authority must live up to
their obligations under international law and investigate,
immediately and in keeping with international standards,
denunciations of human rights violations committed by both
sides. The blockade must be lifted to put an end to the dire
humanitarian situation for the population of Gaza. The Human
Rights Council had a moral imperative to establish a
dialogue with the involved parties with a view to promoting
compliance by States in the area of human rights, but the
dialogue would not be successful if all parties were not
committed to making it successful - in which case the Human
Rights Council must raise its unified, collective voice, for
the victims.

QIAN BO (China) said China appreciated the active efforts of
the High Commissioner for Human Rights. China called on all
concerned parties to stop any acts that could further
complicate the situation in the Middle East. Also, it hoped
that the Human Rights Council would continue to pay
attention to tensions in that region as well as the human
rights situation in East Jerusalem in order to guarantee the
full enjoyment of human rights. China was convinced that
political mediation was the only means to resolve the
situation in the Middle East and underscored that China was
committed to resolve Middle East tensions and supported
humanitarian assistance and efforts based on the principle
of land for peace. The international community should make
greater efforts to help the concerned parties formulate an
agreement, the delegation further said, highlighting that
China was ready to play a constructive role in the promotion
of effective and lasting peace in the Middle East.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said Saudi Arabia
had reviewed the report of the High Commissioner for Human
Rights with interest. It expressed its appreciation for
efforts made in the preparation of the report. Saudi Arabia
was concerned because the report came late. While the
Council worked on the follow-up of the two sessions, Saudi
Arabia found that human rights violations had continued in
the Occupied Territories. It was unfortunately escalating.
Israel's decision in the past two days to build over one
hundred new settlements was a further cause for concern. It
was all the more important to implement international
resolutions. Turning to the report's conclusions and
recommendations, Saudi Arabia said that those must be
implemented to alleviate the suffering of the Palestinian
people. It hoped that the adoption of the follow- up to the
recommendations would be adopted with consensus.

ALEXANDRE GUIDO LOPES PAROLA (Brazil) said the report of the
High Commissioner provided the Council with an updated
account of the overall human rights situation in the
Occupied Palestinian Territories, in particular with regard
to the investigations of violations in the context of the
military operations conducted in Gaza, in a balanced and
non-selective manner, considering violations committed by
all sides. Ongoing domestic procedures had not proven to
comply with international standards, and Brazil reiterated
the importance of accountability, and called upon concerned
parties to further strengthen domestic investigations and to
fully cooperate with the United Nations system in this
regard. The human rights situation in the Gaza Strip
remained of particular concern, mostly as a consequence of
the blockade. Israel should grant expeditious and
unrestricted access into the Gaza Strip to humanitarian
material and personnel, and to reconstruction goods and
services. The Palestinian Authority should implement the
recommendations made by the High Commissioner to prevent
violence against women. The occupation was the main cause of
violations of Palestinians' human rights. Brazil reiterated
its support for a peaceful, negotiated solution resulting in
the establishment of an independent, geographically united,
democratic and economically viable Palestinian State, living
side-by-side with Israel, in peace and security, within
internationally-recognized borders.

MUNA ABBAS RADHI (Bahrain) thanked the United Nations
Secretary-General and the High Commissioner for Human Rights
for their reports. The report of the High Commissioner
concluded that occupation remained the main cause of the
large-scale violations of the human rights of Palestinian
people, including their economic, social and cultural
rights, and underscored that the situation in the Occupied
Palestinian Territory remained extreme. The report further
highlighted that Palestinian people suffered from the
blockade which led to a degradation of the humanitarian
situation and had an impact on these people's implementation
of the right to health, water and decent housing. The report
of the High Commissioner demonstrated that Israel's
colonization continued, including in East Jerusalem, which
was a violation of international humanitarian law, among
others. The Bahraini delegation underscored that it was
necessary to implement the recommendations contained in the
reports of the High Commissioner and the Secretary-General
and in earlier reports.

SHEHAB MADI (Jordan) said Jordan thanked the High
Commissioner for her report, which continued to give a bleak
picture of the situation and the suffering of the
Palestinian people, reaffirming that the human rights
situation remained of serious concern due to the occupation.
It was alarming to note that Israel had added two
Palestinian shrines as its own heritage sites. Jordan
supported the conclusion of the High Commissioner on the
imperative need to protect civilians, the need to enjoy
rights, to ensure an end to impunity, the enjoyment of the
effective right to remedy and reparations and the right of
the Palestinian people to self-determination. Jordan hoped
that they would not have to sit here again to discuss yet
another report. For that to happen, Israel's occupation must
end.

BABACAR CARLOS MBAYE (Senegal) said the situation of human
rights in the Occupied Palestinian Territories continued to
be a source of grave concern. The report showed that it was
more than urgent to find adequate solutions to the
difficulties undergone by the Palestinian population when
seeking to enjoy their fundamental freedoms and human
rights. The persistence of the restrictions of access to
water and freedom of movement, as well as other impediments
to the effective enjoyment by Palestinians of decent
conditions of living, were of concern as was the degradation
of the humanitarian situation in Gaza. The recommendations
in the report were fully supported by Senegal, which
appealed to all parties to abstain from any acts that could
compromise peace efforts and impede the creation of a
Palestinian State within safe and viable borders, living
side-by-side with Israel, with peace and security for all.

BEATE STIRO (Norway) said Norway had emphasized since the
outbreak of the Gaza conflict that parties to the conflict
bore the primary responsibility to investigate and prosecute
possible violations of humanitarian law conducted by forces
under their command. That was necessary in societies based
on the rule of law, for the long-term prospects of peace and
prosperity in the region, and for reconciliation between
people, the Norwegian delegation underscored. In the
follow-up of the Goldstone report it was essential to secure
a coordinated and coherent approach by relevant United
Nations organs; competing or even contradicting processes
must be avoided, the delegation added. Norway supported the
United Nations General Assembly resolution 64/254 and that
decision was clear; further action with regard to monitoring
national investigations would be considered, based on the
content of the Secretary-General's report to the United
Nations General Assembly in July 2010. A decision by the
Council during this session that established a new
monitoring mechanism contradicted the decision by the
General Assembly. Norway was determined to contribute to a
meaningful and credible process on the Goldstone-report,
both in the General Assembly and in this Council. Norway
encouraged the main sponsors to work with all actors towards
a decision by the Human Rights Council that enjoyed broad
support and added value to the process in the General
Assembly. Norway was a strong supporter of the peace process
and a two State solution.

MOHAMED SIAD DOUALEH (Djibouti) said Djibouti lauded the
efforts of the High Commissioner to address the human rights
situation in the Occupied Palestinian Territories. It noted
that Israel had continued to commit serious violations with
an alarming frequency. That should be put to an end. The
latest decision to build over 1,000 settlement homes
attested to the fact that Israel was still aggressively
pursuing policies that violated international human rights
and humanitarian law. Djibouti reiterated its support to the
fact-finding mission of Justice Goldstone. Furthermore,
allegations of misconduct must be investigated.

SHINICHI KITAJIMA (Japan) said Japan was seriously concerned
about the increasing number of civilian casualties that were
taking place in armed conflicts worldwide, in Palestine and
other occupied territories, and the human rights situation
affecting persons. In order to ensure ordinary citizens not
only the right to life but also the right to health, the
right to housing and freedom of movement in the Palestinian
Territories, all States concerned should take the necessary
measures to have humanitarian assistance delivered to the
people in need, including securing safe humanitarian
corridors, especially in Gaza. Japan would continue to
extend humanitarian assistance to the Palestinian people and
its support, to the greatest extent possible, for the
improvement of the situation of human rights in the
Palestinian Territories. Japan welcomed that both Israel and
the Palestinian Authority had agreed to start indirect
talks. Japan urged all the parties concerned to allow free
and safe movement of humanitarian aid and humanitarian aid
personnel, and strongly hoped that both Israel and the
Palestinian Authority would make every effort to make
progress on the peace process, and Japan would continue to
make efforts to contribute to completing a comprehensive
peace process in the Middle East, together with the
international community.

JERRY MATTHEWS MATSILA (South Africa) thanked the High
Commissioner for Human Rights for her presentation and
welcomed the recommendations contained in her report.
Missions had been dispatched and had provided
recommendations, the South African delegation said, but
noted that those recommendations had not been implemented by
Israel. South Africa therefore urged the concerned parties
to implement those recommendations, particularly those of
the Goldstone report. It also urged both sides to the
conflict not to resort to violence, which had taken too many
lives and caused much destruction; the future could only be
resolved by a peaceful process. There could be no impunity
for grave human rights violations, the South African
delegation further said, and underscored that the Council
had a responsibility to ensure that Israel complied with
international human rights law and its humanitarian
obligations. In concluding, South Africa requested that
checkpoints be removed; building material be allowed into
Gaza; prisoners be released; the type of weapons used in
Gaza be investigated; and negotiations be taken up.

MUSTAFIZUR RAHMAN (Bangladesh) said the two reports
confirmed gross violations of human rights that had been
perpetrated by Israel. What was worse was that they were
deliberate and premeditated. Impunity that Israel enjoyed
had led to further violations. Demolitions of Palestinian
houses and the Israeli expansion of settlement activities
had pushed the people to the limit. Peace would only be
possible if Israel took responsibility and stopped the
occupation. Bangladesh agreed with all the recommendations
in the report. What was needed now was compliance by Israel.
Palestinians had the right to a life of dignity and to have
human rights. Bangladesh called on those who could exert
influence on Israel to bring it to the negotiation table,
without conditions.

IDRISS JAZAIRY (Algeria) said once again the Council was
meeting to review the serious human rights violations in the
Occupied Palestinian Territories, in keeping with numerous
preceding resolutions. The available reports showed that for
more than a year since the last military incursion into Gaza
by the Israeli military, the area still suffered from a
blockade, with a violation of the most basic rights,
including the right to life, without mentioning the rights
to food, housing, water and education. No headway had been
made on the need for accountability for those who committed
crimes in Gaza, despite United Nations resolutions on the
need for investigations. The complete responsibility lay on
the shoulder of the Israeli occupying forces. Occupation was
the main source of violation of the Palestinian people's
rights. The ongoing blockade must be lifted so that the
Palestinians could enjoy the most basic human rights. Israel
must implement the Goldstone report's recommendations, and
uphold the provisions of the Geneva Conventions. The right
for self-determination for the Palestinian people should be
ensured so that they could live in an independent State on
their own lands.

IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen) thanked the High
Commissioner for Human Rights for her second periodic
report. That report highlighted the gross human rights
violations committed by Israel against the Palestinian
people, including violations of the rights to enjoyment of
health, freedom of movement, and torture and other cruel and
inhuman treatment following the Gaza blockade. Yemen agreed
with the High Commissioner for Human Rights that the
situation in the Occupied Palestinian Territory continued to
deteriorate, which gave rise to concern. The Human Rights
Council had made historic progress, particularly through the
Goldstone report, the delegation said, but underscored that
it was regrettable that impunity continued to the detriment
of the Palestinian people.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) said Venezuela had
denounced crimes committed by the occupying power in the
Palestinian Occupied Territory throughout the years. The
Palestinians had been subjected to torture, arbitrary
arrests and degrading treatment. Venezuela also expressed
its grave concerns over the impact of the Gaza blockade
against the Palestinian people. This Council could not
continue waiting while there was non-compliance by Israel to
all United Nations resolutions and to recommendations made
in the Goldstone Report. Venezuela called for urgent action
to ensure that Israel responded before the international
community for multiple violations that it had committed
against the fundamental rights of the Palestinian people.

ADEL SHALTUT (Libya) said the report presented in
application of the two resolutions adopted in the Human
Rights Council's Special Sessions did not respect what was
set out in the articles of the resolutions, particularly
resolution eleven, which called for the High Commissioner to
report on the grave violations of human rights against the
Palestinian people, nor resolution twelve, which called for
an examination of the situation and its impact on the
property of the Palestinian people. This meant that the
reports spoke for the occupying power. The reports did not
name the Israeli occupation, and in many paragraphs they
spoke of criminal issues, such as theft of wallets and
credit cards, but did not speak of war crimes carried out by
Israel, such as the use of internationally-prohibited
weapons. The reports also used certain terms that divided
the Palestinian people, which were part of the same Arab
people.

ASADOLLAH ESHRAGH JAHROMI (Iran) said Iran attached high
importance to the second periodic report of the High
Commissioner for Human Rights and reiterated the importance
of full and prompt implementation of the recommendations
contained therein. The international community had been
witness to full fledged military aggressions committed by
Israel against the Gaza Strip; a wide range of gross and
systematic human rights violations had been perpetrated in
breach of international human rights law and humanitarian
law. During that brutal aggression, more than 1,500
Palestinians had been brutally massacred, others had been
inured, and a large number of homes, mosques, schools and
hospitals had been indiscriminately targeted, using weapons
and munitions such as flechette missiles and white
phosphorus. The United Nations fact-finding mission, in its
final report, rightly recognized those heinous actions as
war crimes and crimes against humanity. Nevertheless, no
concrete measures had been taken to stop these human rights
atrocities and Israel continued its aggressive policies and
practices in clear defiance of the decisions of the
international community, including the resolutions of the
Human Rights Council, and in a climate of impunity.

SAAD ALFARARGI, of League of Arab States, said that the
Human Rights Council had adopted a number of resolutions
that condemned the serious Israeli violations in the
Occupied Palestinian Territory, including the report of the
Fact-Finding Mission to study the attack on Gaza. Despite
these resolutions and others from the General Assembly,
Israel continued to defy international norms and peaceful
efforts, even from the countries which were closely
supporting it. Measures that Israel was undertaking now in
Jerusalem were a clear example of Israel's refusal to follow
international conventions. These measures included digging
around and beneath the Al-Aqsa mosque; confiscating and
destructing homes in Jerusalem to make way for settlements;
and destroying a number of buildings and Islamic monuments
in Jerusalem to build tunnels. The League of Arab States
drew attention to the Council of Europe's report, which
violently criticized Israel's violent policies against
Palestine. The League of Arab States called on the
international community to make Israel stop its actions that
went against the enjoyment of basic human rights and
implement the Goldstone report recommendations.

ABDELWAHEB JEMAL (Tunisia) said Tunisia welcomed the report
on the implementation of the resolutions adopted by the
Human Rights Council, and supported the recommendations
therein. The report had confirmed without any doubt the many
violations of the rights of the Palestinian people.
Oppression was continued by the Occupying Power, with a
siege on the Gaza Strip and all crossing-points and borders.
The right to movement was oppressed, and all was tantamount
to collective punishment, running counter to international
human rights and humanitarian law. The report referred to
the fact that there were 1,500 destruction orders to be
executed in East Jerusalem, raising the number of displaced
up to 6,000. The excavations in and around the Al-Aqsa
mosque should cease, as should all action that could change
the Islamic and Christian nature of holy sites. The peace
process should be reinvigorated, and an end be put to the
bloody conflict, however, Israel continued in blatant
disregard of international will, and challenged
international instruments. All parties, including the United
Nations mechanisms, should work on the implementation of the
recommendations in the report of the Fact-Finding Mission.

ABBAS KADHOM OBAID ABBAS (Iraq) said the Goldstone report
had shown the gravity of the perpetrated crimes. The report
also called on the international community to bring to
responsibility those responsible for war crimes and
highlighted that impunity encouraged violence. The Israeli
report on the events in the Gaza Strip, by contrast,
included a number of mistakes that were refuted by facts on
the ground as well as by experts. The international
community shouldered the largest responsibility to end the
human rights violations in Gaza, the Iraqi delegation said,
highlighting that those who were responsible for grave human
rights violations could not benefit from impunity. Iraq
called on the international community to put an end to the
tragic humanitarian situation in Gaza as soon as possible.

SAEED AL-HABSI (United Arab Emirates) said with regard to
the Goldstone Report and Israel's aggression against Gaza,
despite repeated demands to lift the blockade against Gaza,
it was still difficult to bring in supplies and humanitarian
goods into the territory. The United Arab Emirates called on
Israel to carry out an independent investigation into
violations it had caused in those territories. The United
Arab Emirates reiterated its call to the international
community to deploy efforts to compel Israel to stop all
violations. Finally, among other things, the United Arab
Emirates called for means to provide sanctity for the
Palestinian people.

HASHIM OTHMAN (Malaysia) said Malaysia fully supported the
conclusions and recommendations in the report of the High
Commissioner. Over one year since the most devastating
assault by the occupying power against the impoverished and
blockaded Palestinian citizens of the Gaza Strip, it was
extremely disappointing and of concern that the blockade not
only remained but had been further tightened, resulting in
continued gross violations of a number of core human rights
such as the right to health, water, food, shelter, work and
education. Impunity for human rights violations in the area
must remain a central and continuing preoccupation of the
international community. Fully cognisant of the challenges
imposed upon the Palestinian Authority as a result of the
continuing occupation, the steps taken to undertake their
own investigations as highlighted in the report were
welcomed, and Malaysia encouraged them to continue making
progress in that regard. The occupying power should lift the
blockade against Gaza and as a matter of priority allow
immediate and unfettered access to humanitarian aid,
medical, and other essential services.

FAYSAL KHABBAS HAMOUI (Syria) thanked the High Commissioner
for Human Rights for her report but regretted that two
reports on the human rights situation in the occupied Syrian
Golan and the Occupied Palestinian Territory had been
published very late. Syria welcomed the visit of the
fact-finding mission in August last year and thanked the
High Commissioner for the efforts she had made in order for
that mission to take place. However, it was regrettable that
the results of that visit were not reflected in the report.
As for Israel's refusal to receive the fact-finding mission
and cooperate with it, the Syrian delegation said that was a
well-known habit of Israel. That conduct should be firmly
condemned, particularly by those who remained silent on
Israel's settlement policy and its violations of the rights
of the Palestinian people.

MURIEL BERSET (Switzerland) said the High Commissioner's
reports on the matter were important for the work of the
Council. A follow up to them would have to be available at
the start of the session concerned. Switzerland noted with
regret that parties to the conflict had not taken up deep
studies, especially with regard to human rights violations
in the Palestinian Occupied Territories. Switzerland
supported the establishment of a mechanism of experts in
charge of supervising national procedures taken by both
parties, to evaluate progress and efficiency of such
procedures. A number of the Goldstone recommendations had
still to be implemented. Fighting impunity was indispensable
to ensuring a lasting peace and for preventing crimes in the
future.

KHADIJA RACHIDA MASRI (African Union) said the situation of
human rights in the Occupied Palestinian Territories
remained alarming and caused serious concerns. Despite the
Sharm Al Sheikh Conference for the reconstruction of Gaza,
the Palestinian people in the Gaza Strip had never received
adequate assistance, and the report showed that their human
rights continued to be systematically violated, mainly due
to the blockade. No serious impartial investigation had ever
taken place to examine the human rights violations and violations of international humanitarian law committed
during military attacks by Israel against Gaza, and thus no
reparation had been provided for victims. Despite all
efforts of the international community to re-establish
dialogue between all parties and find a definitive solution
to the conflict, the Israeli authorities continued their
illegal activities, denying the peace process. All parties
should commit themselves with determination to regularise
the situation of the Palestinian people and give the
greatest priority to the protection of all the rights of the
Palestinians.

HAMZA OMER HASSAN AHMED (Sudan) said Sudan welcomed the
second periodic report of the High Commissioner for Human
Rights and supported the recommendations contained therein.
Sudan called on working to lift the unjust and inhuman siege
imposed on Gaza and to allow access of fuel, medication and
reconstruction equipment. Sudan further called on condemning
the Israeli practices of trying Palestinian children before
Israeli military courts as if they were adults. The
delegation also reaffirmed Sudan's condemnation of the
destruction and excavation under the Al-Aqsa mosque and
Israel's actions of aggression that targeted Islamic holy
sites. Sudan condemned that two mosques were inscribed in
the Israeli Jewish heritage and called on the United Nations
Educational, Scientific and Cultural Organization to put an
end to such actions. Sudan also condemned Israel's
continuing refusal to abide by international legitimacy and
called on the international community to ensure that Israel
abided by international law and international human rights
law. Sudan said Israel must be pressurized to undertake
independent investigations while ending impunity.

Mr. BABACAR BA, of Organization of the Islamic Conference,
said the situation of violations by Israel in the Occupied
Palestinian Territories continued to give rise to grave
concerns. It represented a source of profound concern.
Serious violations of human rights should not be allowed to
continue with impunity. Members of the international
community and the Human Rights Council needed to stop
violations of the rights of people to live with dignity and
enjoy fundamental freedoms and to ensure respect for the
protection of civilians, since the occupation was expanding
illegal settlements. Israel was thus rendering inapplicable
the creation of two separate States. The Organization of the
Islamic Conference continued to call on the international
community to bring an end to Israel's occupation of
Palestinian Territories.

RANA MOKKADEM (Lebanon) said the most basic human rights and
international conventions were ignored in Israel. The
Fact-Finding Mission was able to lift the veil on the
reality on the ground following the occupation of Gaza and
the attacks in 2009. Violations of human rights and
international law had been identified, and ignored by
Israel, with impunity. Today, attacks had come to an end,
but violations of human rights had not come to an end in the
Occupied Palestinian Territory. The Palestinian people
should enjoy their most basic rights to life, water,
education, and many others. The report was applauded, but
there should be a part responsible for follow-up of the
resolutions. Finally, the Palestinian people should be able
to benefit from their rights, as they had the right to live
in peace, as did other peoples in the world.

ELIAS KHOURI, of Union of Arab Jurists, in a joint statement
with Arab Lawyers Union; and General Federation of Iraqi
Women, said Israeli authorities had responded to the
international community's resolutions with more grave human
rights violations. The whole world had witnessed the war
crimes committed in the Occupied Palestinian Territory and
further actions were needed to prosecute all who were
responsible for such crimes before an international
tribunal; that alone could help achieve comprehensive and
just peace. The suffering of Palestinian people called on
the Human Rights Council to take all necessary actions to
guarantee that Palestinian people exercised all their
rights, including that to self-determination.

NOAM SHALIT, of Women's International Zionist Organization,
said he was the father of the abducted Israeli soldier Gilad
Schalit who had been seized on 25 June 2005 from undisputed
Israeli territory. Today, almost four years later, Gilad
remained the prize captive of Hamas – a bargaining chip for
the release of prisoners. Justice Goldstone had been clear
with respect to Gilad; he called for him to receive visits
from the Red Cross and to be allowed to communicate with his
parents. Mr. Schalit called on all who endorsed the
Goldstone report to prove their sincerity; insist that Hamas
was true to its word and allowed Gilad the privileges of a
prisoner of war and insist that Hamas released Gilad.

MALIN FAST, of Women's International League for Peace and
Freedom, lamented that nothing of any significance had
changed for the better in the Occupied Palestinian
Territories. Israel had not only occupied the Territories
but it had also imposed a stranglehold on them. It had
pursued in changing the landscape of East Jerusalem. Israel
defied international human rights and humanitarian law with
impunity. The Women's International League for Peace and
Freedom called on the Council, by accepting the
recommendations, to formulate concrete actions by the United
Nations and Member States to end Israel's violations of the
Inalienable rights of the Palestinian people.

LUKAS MACHON, of International Commission of Jurists, said
that both parties had failed to meet their responsibilities
under international law. Israeli officials and Hamas
continued to benefit from impunity. The Hamas administration
had failed to provide evidence of having investigated rocket
attacks against civilians in southern Israel. As both
parties had failed to implement key recommendations of the
fact-finding mission on Gaza by Justice Goldstone, the
International Commission of Jurists called on the Council,
the General-Assembly and the Security Council to take
further robust action to respond to the prevailing impunity.
The International Commission of Jurists also urged this
Council to set up a monitoring group to carry out an
investigation in that regard.

RANIA AL MADI, of Badil Resource Center for Palestinian
Residency and Refugee Rights, said more than one year after
Operation Cast Lead, the Israeli investigations into the
attacks suffered from lack of independence, impartiality,
effectiveness and transparency. Criminal investigations had
not been opened in the vast majority of cases, despite
existing prima facie evidence that international crimes were
committed. While the majority of the serious violations of
international law committed were a result of broader
policies and objectives, Israel's investigations merely
addressed the misconduct of individual soldiers, and treated
all complaints as isolated incidents. The Council should
call on Israel to immediately lift the blockade on the Gaza
Strip, and use all means at its disposal to hasten the
process of accountability and achieve justice for the
victims as indicated in the Fact-Finding Mission's report,
and call upon the General Assembly to establish an
independent Committee of Experts on international law and
criminal investigations to monitor and assess the
effectiveness and genuineness of domestic investigations
carried out by the parties to the conflict.

NADA KISWANSON, of Al-Haq, Law in the Service of Man, said
it was because of impunity that Israel had been able to
accelerate its confiscation of Palestinian lands, and
continue the construction of Israeli settlements, and had
been able to maintain its illegal blockade on the Gaza Strip
for over 1,000 days, amounting to collective punishment.
During its twelfth Special Session, the Council demanded of
Israel to respect religious and cultural rights in the
Occupied Palestinian Territory, including East Jerusalem. In
recent days, Israeli forces had besieged the old city of
Jerusalem, controlling the movement of Palestinian residents
of East Jerusalem, and Palestinian citizens of Israel,
seriously infringing their rights to freedom of movement and
religion. The Human Rights Council was a tool through which
international law should be respected. The United Nations'
endorsement of the Goldstone Report was a step in the right
direction, but additional steps should be taken to achieve a
just and lasting peace in the Middle East, including the
establishment of an expert committee mandated with
monitoring and evaluating domestic investigations or lack
thereof.

DARAGH MURRAY, of Palestinian Centre for Human Rights, in a
joint statement with International Federation of Human
Rights Leagues - FIDH, said over six months had passed since
the Council had demanded impartial investigations on the
events of Israel's offensive on the Gaza Strip, but nothing
had happened. Investigations that were not implemented for a
long time or that were inappropriate served one objective:
to promote and maintain a culture of impunity. That
situation could however not be allowed to persist and the
international community must live up to its responsibility.

GIANFRANCO FATTORINI, of Movement against Racism and for
Friendship among Peoples, said among the general norms of
international law, there were the obligations erga omnes,
including non-assistance to the occupying power. Why did the
United States, the United Kingdom and France continue their
military cooperation with Israel? If Israel had committed
war crimes and crimes against humanity, it would be
impossible to avoid the issue of complicity. The Council
should require all United Nations members to suspend their
collaboration with Israel in the military field to promote
and protect human rights in the Occupied Palestinian
Territory.

JULIE DE RIVERO, of Human Rights Watch, said months after a
conflict that killed hundreds of civilians in Gaza, Israel
had done too little and Hamas had apparently done nothing at
all. In that regard, Human Rights Watch urged the Council
and its members to continue the process of accountability
such as the Goldstone fact-finding mission. The
unwillingness of both parties to carry out thorough
investigation defied numerous calls for accountability from
the Council and the United Nations. Israel's violations of
human rights had undermined the pursuit of peace.

CINDY TAM, of United Nations Watch, referring to resolution
S-9/1, said the mission had adopted a curious attitude
towards its founding resolution. Shortly after Justice
Goldstone had been appointed, the official letterhead had
changed and references to the resolution had changed. Why
did the mission delete the reference to its founding
instrument? There was a quiet removal of the name of the
Council, the body that created his mission. There had been
some speculation that he had changed it by obtaining the
silence of the Council or by obtaining assent of the
sponsors. Legally, none of those had any basis whatsoever.
United Nations Watch asked the President whether this was
indeed the rule of law.

CURTIS DOEBBLER, of North-South XXI, said North-South XXI
welcomed the reports, and hoped that in the future the
reports would be made available before the start of the
session. North-South XXI supported the concerns of the High
Commissioner about the severe restriction of the freedom of
movement, and welcomed her statement that she would
investigate this matter further. The Goldstone report had
identified serious human rights violations, and the High
Commissioner had also done so. Even Israel admitted it must
conduct investigations, which reminded all that there had
been not a single superior military officer indicted for
these. These serious human rights violations must stop, as
they undermined peace and the authority of the Human Rights
Council. The Council and the General Assembly should
effectively follow up the Goldstone Report, which had met
with procrastination and not the implementation of its
recommendations. The Council must take action.

MICHAEL HENEL, of International Association of Jewish
Lawyers and Jurists, said the Goldstone Report was flawed
and imbalanced. It examined Operation Cast Lead without any
regard to its historical context. It did not deal with the
nature of Hamas; its terrorist ideology, infrastructure, and
total submission to the leadership in Damascus were never
mentioned. While the report defined the rocket fire
targeting the Israeli population as a war crime, it never
assigned responsibility for it to Hamas. Nor did the report
mention the documented military use of mosques, hospitals,
and educational institutions by Hamas. The Goldstone Report
automatically accepted Hamas' claim that its police and
internal security services were civilian, while in fact they
were indistinguishable from the Izz al-Din al-Qassam
Brigades. All members of the Council should uphold the
integrity of the body by repealing the Goldstone report.

JEREMIE SMITH, of Cairo Institute for Human Rights Studies,
said the Goldstone report had stimulated one of the
international community's most promising attempts to ensure
legal accountability for the war crimes committed in the
Occupied Palestinian Territories over the last half-century.
The Council should not allow this historic opportunity to
slowly die due to political expedience. The Cairo Institute
for Human Rights Studies further regretted that the report
of the Special Rapporteur on human rights violations in the
Occupied Palestinian Territories had been delayed due to
unclear reasons and strongly appealed to the Council to
refrain from arbitrarily delaying any Special Rapporteurs to
report in the future.

PETER SPLINTER, of Amnesty International, said Amnesty
International considered that both Israeli and Palestinian
investigations to date had failed to meet the standards
required by the General Assembly: they had not been
"credible, independent, and in conformity with international
law". Amnesty International's field research into operation
Cast Lead had identified elements of reckless conduct,
disregard for civilian lives and property as well as a
consistent failure by Israeli forces to distinguish between
military targets, civilians and civilian objects. Amnesty
International urged the Council to call on the
Secretary-General to conduct an independent assessment of
the domestic investigations by the parties to the conflict
with the assistance of the High Commissioner and independent
and international law experts.

DAVID LITTMAN, of World Union for Progressive Judaism,
referred to the Hamas Charter, a Constitution that called
for Jews to be killed and Israel to be eliminated. He said
six million Germans had read Hitler's Mien Kampf, yet very
few people felt concern by that incitement. How could Judge
Goldstone and his colleagues, including the High
Commissioner, willingly ignore such blatant calls for
children to kill all in the name of Allah? Future historians
would ask: why this weird silence to a public incitement for
genocide? He ended by quoting 'Silence that dreadful bell',
by Othello.

JULIETTE SAYEGH, of General Arab Women's Federation, thanked
the High Commissioner for the report on the situation in the
Occupied Palestinian Territories. It showed that Israel had
continued its colonization practices and its attacks on holy
sites as was currently taking place. It was clear that those
practices were intensified and the main source was the
absence of any dissuasion in that regard. The General Arab
Women's Federation hoped that Council would adopt
resolutions in that regard to ensure that the Palestinian
people could enjoy the right to life and the right to a life
of dignity.

__________

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