Statement by Djibouti before the General Assembly 64th Session

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

New York

4 November 2009

[ET: 02:06:55-02:13:45 - Djibouti]
DJIBOUTI REPRESENTATIVE:  Mr. President, thank you for convening this plenary meeting upon the request of the non-aligned movement and the Arab group to consider the report of the United Nations fact-finding missions on the Gaza Conflict, known as the Goldstone report following the recommendation by the Human Rights Council in its resolution S12-1 of 16 October.
In a rare display of balance and fairness, the report assesses blame on both Israel and Palestinians, citing serious violations of international humanitarian law, including war crimes committed by each side.  As underscored by Amnesty International, the Rome statue of international criminal courts hold as domestic authorities and institutions primarily responsible to investigate and prosecute violations of these laws.  But there is no effort to follow through on this requirement by the country or party in question or it is unable to do so.  There is an international justice mechanism which can be activated.  
Mr. President, the mandate of the fact-finding mission couldn't be clearer, and I quote, To investigate all investigations in international human rights law and international humanitarian law that might have been committed any time in the context of military operations that were conducted in Gaza during the period from 7 December 2008 and 18 January 2009, whether before, during or after.
In this context, Israel's military assault on Gaza has much wider legal and moral implications that extend beyond the immediate confines of Palestine and Israel.  As Palestinians seek redress for the war crimes committed in Gaza through international jurisdictions, despite the massive efforts deployed by Israel to minimize the damage ... [02:09:00] it has become increasingly evident that it will be hard this time around to effectively counter the reporter's international credibility.
As an Israeli Professor, Moshe Ma'oz of Jerusalem Hebrew University agrees, and I quote.  The damage has been done.  The news is all over the world.  Even if Israel comes up with a credible counter-report and independent inquiry, all this will do is reduce the fallout.  
Israel, in fact, has repudiated the report as biased, one-sided, false and distorted, and as she seeks to shield its soldiers from any independent investigation, we understand Hamas is exploring the creation of a committee to present its case with regard to firing unguided rockets into civilian areas of southern Israel.  
Mr. President, it would be recalled that the fact-finding mission is the President's mandate as requiring it to place the civilian population of the region at the center of this concerns regarding the violations of international law.  While Israel complains about abuse coming from Hamas such as the rockets targeting civilians or the suicide bombings they denounce as terrorism, it ignores the hundreds of powerful un-guided missiles and rockets fired from the ground, air and sea into densely populated Palestinian cities and urban centers that caused hundreds of deaths.
Much of Israel's activity is collective punishment.  As the Goldstone report noted, while Israel attempted to portray its actions as a response to Palestinian rocket attacks, Israel's real target had been the people of Gaza as a whole.  Treatment of many Palestinian civilians in many ways, even many killed while trying to surrender, mass detentions and further crimes underscore the vicious nature of Israel's actions.
Food supply and installations were destroyed, as were water sanitation systems, residential houses, schools, buildings and roads.  Too often there was no immediate threat.  Clearly, this is an issue which must be and should be -- clearly this is an issue which must and should command the attention of the General Assembly and the Security Council.  
Mr. President, the daily life of the Palestinians is very precarious, dangerous and uncertain at best.  Israel could do a lot more to ease the progressive hardships inflicted on the ordinary civilian population, such as the opening of the restricted Gaza borders to permit the in-flow of desperately-needed humanitarian aid and goods.  
Illegal house demolitions and evictions must cease.  Widespread demands have been made calling a halt or freeze -- not a restraint -- in settlement activities, including the infamous natural growth. Much the same can be said about the occupation of the Golan Heights where settlement activities and buildings have been taking place ever since.  
Overall, Israel policy and actions appear deliberately aimed at creating fights on the ground.  A situation of confiscation, division, settlement, control and un-economic entities which preclude eventually a viable two-state solution.
Israel has been condemned many times over the past decades for its inhumane treatment of Palestinians, but action by the world community seldom takes a decisive shape.  
Mr. President, something must be said as well with regard to the holy city of Jerusalem, which Israel is attempting to confiscate each day through the never-ending expansion of settlements.  Excavation work around the city, particularly the Al-Aqsa mosque and other religious sites.  Much has also been said with regard to the famous wall under construction by Israel out on the West Bank, which of course confiscates as much of the Palestinian land while separating once-joined areas and farm lands.
Let us hope, Mr. President, that Israel will heed the voice of reason and international justice for the sake of its own peace and stability, and for the sake of peace in the region as a whole.  I thank you, Mr. President.