Oral Submission by Al-Haq, a non-governmental organization in special consultative status with ECOSOC

Call for the immediate establishment of an international Tribunal or referral to the ICC for crimes committed during ‘Operation Cast Lead’ – an offensive by Israel against the Palestinian people in the Gaza Strip

Mr, President, Member States;

Numerous experts in the field of international law have univocally found that Israel and Palestinian armed groups violated international humanitarian and human rights law during Operation Cast Lead on Gaza.

Shall the Human Rights Council act on the basis of these findings?

Shall the Human Rights Council ignore the injustice that has been brought upon the victims of these violations?

Mr, President, Member States;

The Human Rights Council plays a significant role in promoting justice in the international arena and in ensuring respect for international law. Before you now is the report by the UN Fact Finding Mission on Gaza and entailed recommendations. We urge you to facilitate the full implementation of these recommendations.

The only appropriate resolution of the crimes committed during Operation Cast Lead is to ensure that the perpetrators are brought to justice. However,  past experience demonstrate the lack of effective legal remedies afforded to Palestinians within the Israeli domestic legal system. Consequently, justice can only be served by the establishment of an independent, impartial, credible and transparent international Tribunal to preside over the crimes committed during Operation Cast Lead or a referral by the Security Council to the International Criminal Court.

No duty bearer is relieved from its obligations under international law and the international community is under a legal duty to ensure compliance with these obligations. As such, we consider that international law must be upheld regardless of the nationality of the perpetrator and the position of the perpetrator within his/her own State or government.

If a Tribunal is established or the case referred to the International Criminal Court, it would have to be granted complete personal, territorial and subject-matter jurisdiction in order to effectively administer justice for the victims of the crimes committed. Such action will enhance a body of law guaranteeing maintaining respect for international peace and security.

The mandate of the Human Rights Council requests it to act. We urge you, Mr. President, Member States to guarantee that international law is henceforth respected and that impunity will not prevail.

Thank you.