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

Vote on Report of Fact Finding Mission on Gaza Conflict

New York( 

5 November 2009

COSTA RICAN REPRESENTATIVE:  Thank you Mr. President.  Costa Rica is convinced that peace
 amongst nations can only be reached through respect for international law, international humanitarian law and respect for human rights.  We think that any violations against these laws should be taken seriously by the international community.  Accountability and combating impunity are essential pillars to strengthen international humanitarian law and respect for human rights.  
In areas for and thematic discussions on accountability in combating impunity, Costa Rica has clearly stated that there are certain crimes whose character imposes an obligation on the international community to take action in compliance with standards recognized internationally.  
As members of the International Criminal Court, we have stated this more than once and we have also repeated this in debates on the need to protect universal jurisdiction.  It's impossible to combat impunity if it's manipulated and used for political purposes.  This kind of abuse of manipulation can only weaken international institutions.
We think that the parties of the conflict should conduct investigations where they clearly identify responsibility for all violations of human rights that are committed and violations of international humanitarian law.  These investigations should be conducted within a reasonable amount of time and should lead to concrete results.
Judge Richard Goldstone has a background that is worthy of respect.  The report that he prepared is an attempt to establish an objective description of the facts.  This is laudable.  However, this was not easy given the lack of cooperation of one of the sides involved in his investigation.  This could explain some of the limitations that have been noted in the report.
Our delegation considers that there is no continuity between the recommendations in the report and the operative paragraphs of the resolution that has just been adopted.  Costa Rica would have liked to have seen in the draft resolution a mechanism -- a monitoring or a followup mechanism where reports on the compliance by the parties would be submitted to the General Assembly.
Now the outcome of the activity initiated by the sponsors will probably be another process that is repeated year after year in the General Assembly that usually leads to nowhere.  Now is this the way of combating against impunity or lack of accountability, including the events that took place in Gaza?
Finally, will it serve the process that the sponsors of the resolution have initiated?  I don't think it will.  The result of all this is an attempt to use instruments and institutions that deserve more respect.  A lack of consistency, a lack of accountability and undermining impunity are not causes that Costa Rica could -- are not something that Costa Rica could support.
Costa Rica could not agree with the voting on something that we don't agree with.  That is why we have abstained.  Thank you.