A/HRC/12/48
page 37
PART ONE: METHODODOGY, CONTEXT AND APPLICABLE LAW
INTRODUCTION
131. On 3 April 2009, the President of the Human Rights Council established the United
Nations Fact Finding Mission on the Gaza Conflict with the mandate “to investigate all
violations of international human rights law and international humanitarian law that might have
been committed at any time in the context of the military operations that were conducted in Gaza
during the period from 27 December 2008 and 18 January 2009, whether before, during or
after.” The appointment of the Mission followed the adoption on 12 January 2009 of resolution
S-9/1 on the grave violations of human rights in the Occupied Palestinian Territory, particularly
due to the recent Israeli military attacks against the occupied Gaza Strip, by the United Nations
Human Rights Council at the end of its ninth special session.
132. The President appointed Justice Richard Goldstone, former judge of the Constitutional
Court of South Africa and former Prosecutor of the International Criminal Tribunals for the
former Yugoslavia and Rwanda, to head the Mission. The other three appointed members were:
Professor Christine Chinkin, Professor of International Law at the London School of Economics
and Political Science, who was a member of the high-level fact-finding mission to Beit Hanoun
(2008); Ms. Hina Jilani, Advocate of the Supreme Court of Pakistan and former Special
Representative of the Secretary-General on the situation of human rights defenders, who was a
member of the International Commission of Inquiry on Darfur (2004); and Colonel Desmond
Travers, a former Officer in Ireland’s Defence Forces and member of the Board of Directors of
the Institute for International Criminal Investigations.
133. As is usual practice, the Office of the United Nations High Commissioner for Human
Rights (OHCHR) established a secretariat to support the Mission.
134. Between the adoption of resolution S-9/1 in January and the establishment of the Mission
at the beginning of April, a broad cross section of actors, including domestic and international
non-governmental organizations (NGOs) and United Nations agencies and bodies, had already
conducted numerous investigations and produced reports on the military operations in Gaza, all
of which were taken into account by the Mission in its work of fact-finding and analysis.
135. Bearing in mind that the resolution of the Council had called for the urgent dispatch of the
Mission and given the 11-week delay in its establishment, the Mission agreed to be bound by a
short time frame (about three months) to complete its work and report to the Council at the
earliest opportunity.
136. The Mission interpreted the mandate as requiring it to place the civilian population of the
region at the centre of its concerns regarding the violations of international law. Accordingly, the
Mission has made victims its first priority and it will draw attention to their plight in the context
of the events under investigation. The members of the Mission hope that their situation will not
be neglected by any political agenda for the region.
137. The Mission considered it crucial for the implementation of its mandate to meet with the
widest possible range of stakeholders relevant to the facts under inquiry. During the three months
of its work in Geneva, Gaza, Amman and elsewhere, the Mission met representatives of civil
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents