[News] Israel above the law: PHROC strongly condemns Israeli efforts to obstruct justice

[Anti-Imperialist News]

  Israel above the law: PHROC strongly condemns Israeli efforts to
  obstruct justice

  4 February 2015
*http://www.addameer.org/etemplate.php?id=744*

The Palestinian Human Rights Organisations Council (PHROC) condemns in 
the strongest terms Israel’s latest and unfortunately, far too common 
attempt to obstruct the work of international human rights and justice 
mechanisms in investigating Israeli violations of international law 
against the Palestinian population. The latest charade put up by Israel 
is an attempt to undermine an investigative report that will be 
published in March by a UN-established Commission of Inquiry looking 
into violations of international law carried out in occupied Palestine 
relative to military operations that took place from 13 June 2014 (the 
Commission). In this attempt, Israel seeks to cover up crimes committed 
against the Palestinian people last summer by accusing the Chairperson 
of the Commission, Professor William Schabas, of bias. The accusations 
are based on a legal opinion that Schabas had provided for the 
Palestine  Liberation Organization (PLO) in 2012. This legal opinion, 
the existence of which had been fully disclosed to the President of the 
Human Rights Council (HRC), was one of many that he had produced in his 
capacity as a renowned expert on international criminal law for 
different states and organizations over the years.
Professor Schabas made the decision to resign, in an effort to prevent 
the findings from being overshadowed by the Israeli allegations, which 
are a clear and disingenuous attempt to discredit the report of the 
Commission. The Commission will present its report at the upcoming HRC 
session in March and will provide strong legal argumentation, supported 
by hundreds of documented cases to show that Israel may have committed 
war crimes and crimes against humanity, and committed grave breaches of 
international humanitarian law last summer in occupied Palestine. While 
PHROC commends the Commission and its continued work, it is extremely 
disappointed that the HRC has allowed Israel to monopolise its work and 
decisions.
Israel undermines the work of the HRC and other UN mechanisms on a 
regular basis. In the last year alone, for example the UN Special 
Rapporteur on violence against women, Rashida Manjoo and the UN Special 
Rapporteur on the situation of human rights in the Palestinian 
territories occupied since 1967, Makarim Wibisono were both denied entry 
into occupied Palestine by Israel. The non-cooperation with UN 
mechanisms is an ongoing issue and ranges from refusing to allow UN 
officials and independent experts to enter occupied Palestine, to 
formally announcing the decision to suspend contact with UN bodies, as 
was done in May 2012 when Israel suspended its contact with the Office 
of the High Commissioner for Human Rights, the HRC and its mechanisms.
Israel’s moves at the UN level should be viewed within the context of 
its ongoing refusal to respect the decisions, resolutions and mechanisms 
of the UN. Consecutive Israeli governments have refused to recognise the 
State’s obligations under international human rights law with regard to 
the Palestinian population, obligations repeatedly reaffirmed by UN 
treaty bodies. Israel also rejects the /de jure/ applicability of the 
Fourth Geneva Convention, incumbent upon it as an Occupying Power, in 
defiance of numerous UN resolutions, the 2004 International Court of 
Justice Advisory Opinion on the Wall in occupied Palestine and indeed 
countless statements issued by governments worldwide to that effect.
In a similar manner to its refusal to cooperate with the current 
Commission, in 2009 Israel declined to cooperate with the UN 
Fact-finding Mission on the Gaza Conflict, headed by Justice Richard 
Goldstone, despite repeated calls for engagement by Israel. More 
recently, in 2012, the UN Fact-finding Mission on Israeli Settlements 
was denied entry into occupied Palestine to collect testimonies. The 
Mission joined a long and growing list of UN Special Rapporteurs and 
other UN experts, to whom Israel has also refused entry. This also 
includes non-cooperation with the 1968  UN Special Committee to 
Investigate Israeli Practices Affecting the Human Rights of the 
Palestinian People and Other Arabs of the Occupied Territories.
Israel’s obstructive behaviour which seeks to undermine and weaken 
international human rights and justice mechanisms such as the HRC, goes 
largely unchallenged and gives the impression that Israel is being 
provided with preferential treatment. These acts also create potentially 
dangerous precedents for other States who may seek to obstruct the 
passage of justice at the UN level. Within this context, PHROC 
reiterates that the HRC must take action, including by supporting moves 
towards sanctions, to ensure that Israel’s wilfully obstructive actions 
and continued non-cooperation with UN mechanisms are brought to an end.
Finally, an oppressor cannot choose its judges. Other international 
justice mechanisms, including the International Criminal Court, were 
established by the international community in an effort to bring an end 
to impunity for international crimes. These mechanisms were intended to 
provide a fair and universal accountability tool for those in need of 
justice. Israel, like other States, must respect these mechanisms and 
must not be allowed to remain above the law. Israel’s contempt for such 
mechanisms undermines efforts to ensure that access to justice is 
stronger and more effective for all.
Human rights and justice mechanisms should not be undermined by 
single-State interests. To that end, PHROC urges the HRC State members 
to endorse and fully support the report of the Commission. In 
particular, we ask the EU to actively participate in all agenda items of 
the HRC, including Item 7. Such EU participation in Item 7 would ensure 
that it cohesively and comprehensively ensures that its Israeli partner 
abides by international law and would set the right example in defence 
of human rights and justice mechanisms.
-- 
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