21st special Session of the UN Human Rights Council on the Human rights situation in the Occupied Palestinian Territory, including East Jerusalem

23/07/2014
Press release
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FIDH Intervention

Mister President,

Since the launch of ’Operation Protective Edge’ on the 7th of this month, Israel has killed at least 663 people in the occupied Gaza Strip, including 541 civilians. Furthermore, at least 3,457 Palestinians have been injured, 491 houses in Gaza have been destroyed or severely damaged and tens of thousands of Palestinians in Northern Gaza have fled their homes. At the same time, thousands of rockets and missiles have been fired at Israel from within the Gaza Strip causing the death of two Israeli civilians since the start of the military operation. The imbalance of power cannot be overlooked. Nor that alleged self-defence means nothing when claimed by an occupying power. Notwithstanding, we condemn violence against civilian population on both sides of this ongoing conflict.

International Humanitarian Law stipulates that in a situation of armed conflict only combatants and military objectives may be directly targeted. Deliberately targeting civilians or civilian objects constitutes grave breaches of IHL and eventually can be qualified as international crimes according to the Statute of International criminal court.

Attacks in Gaza are documented on a daily basis by FIDH members in Gaza, the Palestinian center for human rights and Al Mizan. According to PCHR’s records, 80% of victims have been civilians. We pay tribute to the courage and professionalism of our colleagues for continuing to monitor the situation from within Gaza in such difficult conditions, and we highlight the call to the Israeli government to immediatly stop bombings, issued by FIDH members in Israel, like B’tselem. Nothing, just nothing can ever justify such targetting of civilians. Alleged illegal action by one party can in no way justify illegal action by the other. Pretending, like the Israeli government does, to respect the obligations of distinction, proportionality and due caution is at best illusion at worst an international crime. What is the meaning of "protected population" when civilians are willfully targeted or otherwise sacrificed in the name of military objectives?

Warning civilians to leave their homes before shelling, is not sufficient in such circumstances, and does not follow international humanitarian law. The alarming need for the civilian population to have access to food, water and urgent medical assistance is increasing as the conflict continues. Water supplies are about to run out, and ambulances and aid workers have not been allowed into Gaza for weeks, violating international humanitarian law.

It is therefore with deep concern over this mounting death toll and callous disregard for human life of civilian population, that we call upon the UN Human Rights Council to declare an immediate ceasefire and to establish an international independent commission of inquiry to investigate violations of international law committed by all parties during and leading up to Operation Protective Edge, as well as a mandate to put forth concrete recommendations of action to be undertaken by all parties engaged in hostilities and the international community, including third state parties, with a view of holding perpetrators accountable and ensuring victims access to effective remedy. Finally, we call upon Israel and Palestine to ratify the Rome Statute of the ICC, to help ensure accountability for any international crimes that may take place on these territories.

Thank you Mister President.

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