A/HRC/15/21
that public confidence in any investigative process in circumstances such as the
present is not enhanced when the subject of an investigation either investigates himself
or plays a pivotal role in the process.
272. Elsewhere in this report the Mission has referred to the fact that it found it
necessary to reinterpret its mandate because of the manner in which the resolution
appointing it was couched. It is important in the drafting of matters of the sort that
the impression is not given of the appearance of any prejudgment. The Mission took
particular care at the first opportunity to indicate that it interpreted its mandate as
requiring it to approach its task without any preconceptions or prejudices. It wishes to
assure all concerned that it has held to that position scrupulously.
273. All the passengers on board the ships comprising the flotilla who appeared
before the Mission impressed the members as persons genuinely committed to the
spirit of humanitarianism and imbued with a deep and genuine concern for the
welfare of the inhabitants of Gaza. The Mission can only express the hope that
differences will be resolved in the short rather than the long term so that peace and
harmony may exist in the area.
274. Nine human beings lost their lives and several others suffered serious injuries.
From the observations of the Mission, deep psychological scars have been inflicted by
what must have been a very traumatic experience not only for the passengers but also
the soldiers who received injuries. The members of the Mission sympathize with all
concerned and in particular with the families of the deceased.
275. The Mission is not alone in finding that a deplorable situation exists in Gaza. It
has been characterized as “unsustainable”. This is totally intolerable and
unacceptable in the twenty-first century. It is amazing that anyone could characterize
the condition of the people there as satisfying the most basic standards. The parties
and the international community are urged to find the solution that will address all
legitimate security concern of both Israel and the people of Palestine, both of whom
are equally entitled to “their place under the heavens”. The apparent dichotomy in
this case between the competing rights of security and to a decent living can only be
resolved if old antagonisms are subordinated to a sense of justice and fair play. One
has to find the strength to pluck rooted sorrows from the memory and to move on.
276. The Mission has given thought to the position of humanitarian organizations
who wish to intervene in situations of long-standing humanitarian crisis where the
international community is unwilling for whatever reason to take positive action. Too
often they are accused as being meddlesome and at worst as terrorists or enemy
agents.
277. A distinction must be made between activities taken to alleviate crises and
action to address the causes creating the crisis. The latter action is characterized as
political action and therefore inappropriate for groups that wish to be classified as
humanitarian. This point is made because of the evidence that, while some of the
passengers were solely interested in delivering supplies to the people in Gaza, for
others the main purpose was raising awareness of the blockade with a view to its
removal, as the only way to solve the crisis. An examination should be made to clearly
define humanitarianism, as distinct from humanitarian action, so that there can be an
agreed form of intervention and jurisdiction when humanitarian crises occur.
278. The Mission sincerely hopes that no impediment will be put in the way of those
who suffered loss as a result of the unlawful actions of the Israeli military to be
compensated adequately and promptly. It is hoped that there will be swift action by
the Government of Israel. This will go a long way to reversing the regrettable
reputation which that country has for impunity and intransigence in international
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