Explanation of Vote (EOV) by Netherlands before the General Assembly 64th Session

Vote on Report of Fact Finding Mission on Gaza Conflict

New York( 

5 November 2009

NETHERLANDS REPRESENTATIVE:  Thank you Mr. President.  The Netherlands has just voted no
 on the resolution just now adopted.  As we explained in our explanation of vote in Geneva three weeks ago, we welcome the work of the Goldstone mission, but we have difficulty in welcoming the report and endorsing all its recommendations without further restrictions.
The Netherlands therefore voted against the resolution in Geneva in the Human Rights Council.  We cannot now support a resolution, the one before us, which endorses a resolution we voted against only a few weeks ago.  Mr. President, the Netherlands supports the elements in the resolution which call for independent investigations by the parties.  We are convinced that the concerned parties should pursue their own in-depth investigations into accusations of violations of human rights and international humanitarian law.  Some of these investigations have already been initiated by Israel, including into the strategic considerations of parties during the conflict and into the humanitarian aspects of access to Gaza as addressed by the Goldstone report.  Where relevant, the concerned parties must bring to justice those suspected of violations of human rights and international humanitarian law.  
Mr. President, while we are supportive of these elements, other parts of the resolution in front of us are a source of concern for the Netherlands.  The Human Rights Council commissioned the Goldstone report and in our view the Human Rights Council should remain the primary organ to deal with the report, not the General Assembly and certainly not the Security Council as the resolution before us implies.
Also the resolution gives the parties three months time to investigate possible violations of human rights and humanitarian law.  We are puzzles why the UN Secretary General has to report on the implementation of this resolution in the same three months.  In any case, we do not think the Secretary General should be given a central role in the implementation of this resolution.
And lastly, and in a general sense Mr. President, it's overall our feeling that the resolution will not be conducive to the aim of relaunching the Middle East peace process.  Thank you, Mr. President.