Statement by Cuba before the General Assembly 64th Session

Agenda Item 64: “Report of the Human Rights Council”

New York

4 November 2009

[ET: 01:29:18-01:34:45 - Cuba]
CUBAN REPRESENTATIVE:  Mr. President, Cuba attaches great importance to consideration by the General Assembly of the report of the United Nations fact-finding mission on the Gaza conflict, otherwise known as the Goldstone report.  The report by the fact-finding mission is an objective document of utmost juridical rigor drafted with professionalism and impartiality.  
The rejection by Israel of its conclusions and their reluctance to cooperate in their application bears out that non-respect of that government by the overwhelmingly majority view of the international community.  And yet again, ignores the resolutions and provisions of the General Assembly and the Security Council in regard to the Israeli/Palestinian conflict.
Its position as occupying power continues to be apparent through the criminal blockade and policies of border crossing closures that it still keeps in place against the population of Gaza, which compound the difficult living conditions of the long-suffering population of Palestine.
With its military aggression of past December and January, Israel not only violated in a flagrant manner the provisions of international law, including its legal obligations as occupying power, but also committed crimes of war and crimes against humanity.  Those responsible for such acts of barbarism have not been prosecuted. They continued to enjoy impunity.  This is possible only through the protection enjoyed by Israel from the super power which continues to provide the financial resources and weapons with which it continues its aggressive policy of occupation of the occupied territories and of extermination of the Palestinian people.
Cuba firmly believes that the impunity enjoyed by the government of Israel is precisely what has made it possible to continue these illegal policies in clear contravention of international laws, and moreover, it is this that has permitted the escalation of its aggressive policy.
Mr. President, the fact-finding mission has confirmed that both the earlier blockade and the aggression against the Gaza Strip are a form of collective punishment against the Palestinian population in Gaza and that they were formulated to that end by the Israeli authorities.  The report not only documents and confirms the numerous violations of international humanitarian law committed by Israel, including the principals of distinction and proportionality, it is also evident that there was a clear intention of attacking civilian targets.  The order given to the troops not to make a distinction between civilians and troops confirms this.  
Cuba energetically condemns these acts and urges the international community to ensure that those responsible are tried for these crimes.  We call upon the General Assembly to adopt a resolution that guarantees the adoption of appropriate measures in order to avoid a repetition of search situations in the future.  Impunity cannot be allowed to continue.  
Moreover, we repeat our request to the government of Israel to end all violations of the rights of the Palestinian people in the occupied Palestinian territories, including the settlements policy in East Jerusalem, that Israel scrupulously comply with obligations under international law, in particular under international humanitarian law and human rights standards.
Sir, the facts elucidated in the report present a new opportunity for the international community to consider the Palestinian question in greater depth.  We believe that the outcomes of this report will contribute to the efforts made by the international community with a view to encouraging Israel to end its occupation of Palestinian territory and ensure respect for and exercise of sovereignty of an independent Palestinian state within the 1967 borders with East Jerusalem as its capital.  Thank you.