Udenrigsudvalget 2011-12
URU Alm.del Bilag 11
Offentligt
Baroness Catherine AshtonHigh representative/Vice-president of the European UnionOffice 12/211Rue de la Loi 2001049 BrusselsBelgium16 September 2011Dear High Representative Ashton,We are writing to you as the annual session of the UN General Assembly getsunderway, in relation to the pursuit of accountability for victims of crimes underinternational law and follow-up to the Report of the UN Fact-Finding Mission on theGaza Conflict.To date, the victims of crimes under international law committed by all sides in thecontext of Israel’s offensive on the Gaza Strip from 27 December 2008 to 18 January2009 have not received justice, truth or reparations. It is unambiguously clear that allsides have failed to conduct domestic investigations that are prompt, effective,independent and in conformity with international law, and failed to prosecutesuspected perpetrators. This failure has been confirmed by national and internationalhuman rights organizations, as well as the UN Committee of Independent Expertsestablished by the Human Rights Council.1Consequently, the 16th session of the Human Rights Council recommended that theforthcoming session of the General Assembly submit the Report of the UN Fact-Finding Mission on the Gaza Conflict to the Security Council, with therecommendation2that the Security Council refer the situation in Israel and the1. In A/HRC/16/24, the Committee of Independent Experts held that: “there is no indication that Israelhas opened investigations into the actions of those who designed, planned, ordered and oversawOperation Cast Lead.”2. Resolution A/HRC/16/32, adopted on 25 March 2011: “Recommendsthat the General Assemblyreconsider the report of the United Nations Fact-Finding Mission on the Gaza Conflict at its sixty-sixth session,and urges the Assembly to submit that report to the Security Council for its consideration and appropriate action,including consideration of referral of the situation in the Occupied Palestinian Territory to the prosecutor of theInternational Criminal Court, pursuant to article 13(b) of the Rome Statute.”
Occupied Palestinian Territory to the Prosecutor of the International Criminal Court,pursuant to Article 13(b) of the Rome Statute.As the national authorities are unable or unwilling to carry out genuineinvestigations or prosecutions, the pursuit of accountability at the international levelis of urgent and paramount importance to combat the pervasive impunity for stateand non-state actors in Israel and the Occupied Palestinian Territory. Enforcinginternational law and pursuing accountability for crimes under international law byall sides is the only deterrent to further violations and the continuing denial ofhuman rights of the victims.We request that you support the recommendation of the Human Rights Council, andact decisively to pursue accountability and uphold victims’ rights. The two-yearprocess triggered by the Report of the Fact-Finding Mission must be allowed to reachits full legal conclusion.The failure to administer justice domestically means that victims’ rights can only beupheld through international justice mechanisms, and most appropriately theInternational Criminal Court.We note that recognition of Palestine’s statehood is set to become a centre-point ofdiplomatic discussion at the upcoming General Assembly. However, the pursuit ofaccountability in no way conflicts with this discussion. Accountability for crimesunder international law applies at all times, and to all peoples, regardless of anyother criteria.Indeed, at such a time, it is imperative that the international community sends theclear and unambiguous message that accountability for crimes under internationallaw will be pursued, irrespective of any political considerations.Yours sincerely,Raji SouraniDirector, Palestinian Centre for Human RightsKamel JendoubiPresident, Euro-Mediterranean Human Rights NetworkSalil ShettySecretary General, Amnesty InternationalSouhayr BelhassenPresident, FIDHIssam YounisGeneral Director, Al MezanShawan JabarinGeneral Director, Al-Haq