A/HRC/13/53
10.
The more substantive argument against the approach taken in the report was that it
neglected to take into account the actuality of a conflict in which Israel, as a democratic
State, was entitled to defend itself by all effective means against Hamas, which is officially
listed internationally as a terrorist organization. The implication of this argument seemed to
be that the nature of the parties, in this instance, suspends the normal application of the
rules of international humanitarian law. The representative of Israel to the General
Assembly attacked the text of the report as disregarding Israel’s right to self-defence and
that as such it amounted to a gift to terrorism. In fact, the FFM report affirmed Israel’s right
to use force to defend itself, limiting its findings to the widely-supported conclusion that it
was criminally unlawful to use force against the Gazan population as a whole, and also
criminally unlawful to target civilians deliberately or to strike intentionally at protected
buildings, including a variety of lethal attacks on United Nations facilities in Gaza that were
lending shelter to Gazan civilians. There were also objections made by the United States
representative to the call for the involvement of the Security Council or General Assembly
in securing implementation of the report, claiming that the Human Rights Council was the
appropriate forum. That argument was set forth despite — or possibly because of — the
lack of any enforcement role or capability. Such efforts to steer subsequent action relating
to the report away from implementation procedures seems designed to preserve Israeli
impunity, and prompted the respected Gazan human rights leader and recipient of the
Robert F. Kennedy Award, Raji Sourani, to remark: “We hope the Goldstone Report
doesn’t end as piles of paper.”15
B.
Objections from Palestinians to the report of the United Nations Factfinding Mission on the Gaza Conflict
11.
Most attention has been paid to Israeli complaints directed at the FFM report.
Virtually no attention has been paid to Palestinian complaints, and in truth, the
representatives of the Palestinian Authority have devoted themselves to the implementation
of the recommendations contained in the report without expressing objections. Yet there are
objections that should be considered as part of a comprehensive effort to gain a clearer
understanding of the issues, as well as of the debate.
12.
First of all, the FFM report pays no attention to the surrounding circumstances of a
temporary Israel-Hamas ceasefire that had been put in place in June 2008, with notable
success in reducing cross-border violence, especially as regards rockets. It also ignores the
provocative violence of Israel during the ceasefire, especially the incident of 4 November
2008 in which Israel killed six Palestinians inside Gaza, as well as the frequent attempts by
Hamas representatives to extend the ceasefire for as long as 10 years if Israel would lift the
blockade and open the crossings. It is notable that these overtures by Hamas were made
notwithstanding the failure by Israel to fulfil its commitments during the temporary
ceasefire by easing, if not lifting, the blockade, which was in any event intrinsically
unlawful under the Fourth Geneva Convention. The Israeli Ministry of Foreign Affairs
acknowledges that the number of rockets fired from Gaza into Israel declined by 80 per
cent during the ceasefire.16
15
16
6
Agency, 5 November 2009.
“UN human rights chief endorses Goldstone Gaza report”, Haaretz, 2 November 2009.
See the Ministry of Foreign Affairs website at http://www.mfa.gov.il/MFA/Terrorism+Obstacle+to
+Peace/Palestinian+terror+since+2000/Terror+in+Gaza+Two+months+since+the+Hamas+takeover
+16-Aug-2007.htm.
GE.10-10260
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