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<h1>Israel above the law: PHROC strongly condemns Israeli efforts to
obstruct justice </h1>
<span class="text">
<p> 4 February 2015<br>
<b><small><small><a class="moz-txt-link-freetext" href="http://www.addameer.org/etemplate.php?id=744">http://www.addameer.org/etemplate.php?id=744</a></small></small></b><br>
</p>
<div>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.</div>
<div> </div>
<div>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. </div>
<div> </div>
<div>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.</div>
<div> </div>
<div>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 <i>de jure</i>
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.</div>
<div> </div>
<div>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.</div>
<div> </div>
<div>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. </div>
<div> </div>
<div>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. </div>
<div> </div>
<div>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. <br>
</div>
</span>
<div class="moz-signature">-- <br>
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San Francisco, CA 94110
415 863.9977
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