The United Nations Human Rights Council published its report of the fact finding mission on the Gaza conflict (PDF), otherwise referred to as the Goldstone Commission.The UN Fact-Finding Mission "concluded there is evidence indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity," according to a UN press release.
The report also found evidence that Palestinian armed groups committed war crimes, and possible crimes against humanity, by launching rockets and mortars into Southern Israel.
The four members of Goldstone's panel were appointed by the President of the Human Rights Council last April 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."
The product of their work is the 574-page report containing detailed analysis of 36 specific incidents in Gaza, as well as a number of others in the West Bank and Israel.
The report's findings are based on 188 individual interviews (including some powerful testimonies), 10,000 pages of documentation, and 1,200 photographs, including satellite imagery, as well as 30 videos. The mission heard 38 testimonies during two separate public hearings held in Gaza and Geneva, which were webcast and are still available for download.
Their investigation faced several obstacles: Israel denied the Mission access to the West Bank and Israel proper. Israel also failed to respond to a comprehensive list of questions posed to it by the Mission. Palestinian authorities in both Gaza and the West Bank cooperated with the Mission.
The Mission also found that, Israel's blockade of Gaza amounted to collective punishment, depriving the people of necessities. Also, according to the release:
During the Israeli military operation, code-named "Operation Cast Lead," houses, factories, wells, schools, hospitals, police stations and other public buildings were destroyed. Families are still living amid the rubble of their former homes long after the attacks ended, as reconstruction has been impossible due to the continuing blockade. More than 1,400 people were killed during the military operation.The report concludes that:
- The Israeli military operation aimed at the people of Gaza as a whole, in furtherance of an overall and continuing policy aimed at punishing the Gaza population.
- There was a deliberate policy of disproportionate force aimed at the civilian population.
- Israel intentionally destroyed food supply installations, water sanitation systems, concrete factories and residential houses.
- Israel had not carried out any credible investigations into alleged violations.
As for concrete recommendations,
the UN Security Council should require Israel to report to it, within six months, on investigations and prosecutions it should carry out with regard to the violations identified in its Report.
The Mission further recommends that the Security Council set up a body of independent experts to report to it on the progress of the Israeli investigations and prosecutions. If the experts' reports do not indicate within six months that good faith, independent proceedings are taking place, the Security Council should refer the situation in Gaza to the ICC Prosecutor. The Mission recommends that the same independent expert body also report to the Security Council on proceedings undertaken by the relevant Gaza authorities with regard to crimes committed by the Palestinian side. As in the case of Israel, if within six months there are no good faith independent proceedings conforming to international standards in place, the Council should refer the situation to the ICC Prosecutor.
