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Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)

IHL in the occupied Palestinian territory


Children in the Gaza Strip, July 2005. Photo: Matilda Svensson

Final Report of the Goldstone Fact Finding Mission published

Final Report of the Goldstone Fact Finding Mission published

The UN Fact Finding Mission led by Justice Richard Goldstone, released its long-awaited report on the Gaza conflict on September 15. The report concludes that there is evidence indicating that serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity.

The report also concludes there is evidence that Palestinian armed groups committed war crimes as well as possibly crimes against humanity, in their repeated launching of rockets and mortars into Southern Israel.

 To the website of the UN Human Rights Council and the full report

Diakonia submits legal analysis to the Goldstone Fact Finding Mission

Following a resolution from the United Nations Human Rights Council, an international independent fact finding mission with a 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” was established. The mission will focus on relevant violations by all parties. The mission is headed by Justice Richard Goldstone, former member of the South African Constitutional Court and former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda.

The Mission will visit affected areas of the occupied Palestinian territory and Southern Israel, and will review reports produced by various organizations and institutions. Diakonia has submitted a legal analysis of Operation Cast Lead to the Mission. The final report of the Mission is expected in September.

Read Diakonia's submission to the Goldstone Fact Finding Mission

 

 


Independent fact finding mission reports on Israeli violations of medical obligations 

In April, an international independent fact finding mission commission by Physicians for Human Rights-Israel (PHR-Israel) and the Palestinian Medical Relief Society (PMRS) published its special report on Israeli medically-related violations in the Gaza Strip during Israel's "Operation Cast Lead."

The independent medical fact finding mission, the only one of its kind to be carried out following the recent war, traveled to Gaza between January 29-February 5, 2009, and to Egypt a week later. Staffed with five independent experts in the fields of forensic medicine, burns, crisis response and public health from Germany, Denmark, South Africa and Spain, the mission confirmed that severe violations of Human Rights and International Humanitarian Law took place during the Israeli offensive "Operation Cast Lead" in the Gaza Strip between 27th December 2008 – 18th January 2009.

Read more about Diakonia's legal analysis of "Operation Cast Lead"

The experts collected samples of human tissue, earth, water, grass and mud suspected to be contaminated by unidentified chemicals. These were sent by the team to laboratories in the UK and South Africa for analysis.

The report includes 44 testimonies by civilians who came under attack and by medical staff who were prevented from evacuating the wounded. The report provides first-hand evidence regarding the broader effects of the attacks on a civilian population that was already vulnerable on the eve of the offensive.

To PHR-Israel and the Fact-Finding Missions full report

PHR-Israel call for external independent investigation

During the Israeli military operation in January, PHR-Israel called for an external independent investigation into the events, for the rehabilitation of the Gaza Strip and for the opening of the Crossings.

In a press release, Hadas Ziv, the Executive Director of PHRi-Israel accused the Israeli military of having been "well aware"of its attack's "terrible toll" on the civilian population of the Gaza Strip. Ms. Ziv hold the Israeli army the responsibility "to secure a way for the civilian population to flee the zone of combat,"and she called for the following things to be done:

  • To conduct a rigorous, transparent, and independent investigation in which the victims' voices will be heard.
  • To open the crossings and to allow the rehabilitation of Gaza.
  • Israeli society needs to understand and assert its responsibility to end the culture of impunity so that such severe violations of international law and medical ethics will not occur in the future.

To PHR-Israel and their press release of 2nd April 2009 on the Fact-Finding Missions Report

The Report

  • Details 44 deeply distressing testimonies by civilians and medical personnel who came under attack.
  • Provides first-hand evidence regarding the broader effects of the attacks on a civilian population.
  • Confirms suspicions of serious violations.
  • Underlines the need for an impartial international investigation into violations of human rights committed in Gaza during the offensive. 

 

The Mission's Medical Experts

  • Professor Jorgen Thomsen from Denmark, expert in Forensic pathology;
  • Dr. Ralf Syring from Germany, an expert in Public Health in crisis regions;
  • Professor Shabbir Ahmed Wadee from South Africa, an expert in Forensic pathology;
  • Professor Sebastian Van As from South Africa, an expert in Trauma surgery   and
  • Ms. Alicia Vacas Moro from Spain, an expert in International health.

Revised
16/09/2009 Sara Yarden ihl@diakonia.se

International Humanitarian Law Programme

Diakonia Regional Office in Jerusalem
ihl@diakonia.se

Diakonia in Sweden
www.diakonia.se

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