His Excellency President Mahmoud Abbas
RE. Calling for immediate commencement
of internal investigations in compliance with UN GA Resolution A/RES/64/10
Your Excellency,
On 25 September 2009, the UN Fact-Finding
Mission on the Gaza Conflict released its comprehensive, contextual, professional
and impartial report. The Report detailed violations of human rights and
of the laws and norms of war, which amounted to war crimes and possible
crimes against humanity, committed during last winter's 23-day aerial
and ground offensive in the Gaza Strip by the Israeli Occupation Forces.
Whereas the bulk of the Report addressed violations by Israel, the Occupying
Power, it also considered violations by Palestinian armed groups and the
Palestinian authorities in Gaza and the West Bank.
The responsible Palestinian authorities
have endorsed the Report by the Fact-Finding Mission, and have furthermore
successfully tabled draft resolutions before the UN Human Rights Council
and the UN General Assembly with the full support of the Palestinian people.
On 5 November 2009, the General Assembly adopted Resolution A/RES/64/10
urging the Palestinian side to undertake internal, independent and credible
investigations in conformity with international standards into the serious
violations of international human rights and humanitarian law in the occupied
Palestinian territory in order to ensure justice and accountability for
civilian victims to the conflict, and hold accountable those who perpetrated
the violations. Similarly, it called upon Israel to also carry out its
own internal investigations.
As Palestinian non-governmental human
rights organisations, we recognize the efforts already made by the Palestinian
side in seeking to achieve justice for the Palestinian people. In order
to ensure that the work of the PLO on guaranteeing endorsement of the Report
at the UN level, is of lasting value further steps must now be taken to
implement its recommendations and the above mentioned GA Resolution.
On 5 February 2010, the UN Secretary-General
is expected to submit his report on the implementation of the General Assembly
Resolution. As Palestinian and international non-governmental organisations,
we urge both the Palestinian authorities in the West Bank and Gaza to immediately
commence credible internal investigations in compliance with international
standards and in accordance with the Report by the Fact-Finding Mission
on the Gaza Conflict.
It is imperative to assert that the
responsible domestic authorities are under an obligation to implement the
recommendations of the Fact Finding Mission's Report in their entirety
and without delay. Each of the responsible Palestinian authorities have
already indicated its intention and willingness to satisfy the international
community's demand that the conflict parties initiate credible internal
investigations. As the deadline for the submission of the UN Secretary-General's
report approaches, we urge you to immediately take clear and public steps
toward holding all those who prove to be responsible for the violations
detailed in the Report to account.
International law relating to armed
conflict makes a clear distinction between justifiable criteria for initiating
an armed conflict, and the limits to acceptable conduct of hostilities
during armed conflict. In the immediate case, we wish to assert that we
are concerned only with the conduct of hostilities during armed conflict.
Israel has continued to reject the rule
of law and their international humanitarian and human rights obligations
by continuing its illegal practices, including the blockade of the Gaza
Strip, and by condemning the Report of the Fact Finding Mission and rejecting
its well-based findings on Israel's violations. For the Palestinians to
continue to effectively struggle for their legitimate rights as a people,
it is crucial that their leaders and representatives adopt an approach,
centered on the rule of law and respect for human rights.
We look forward to learning of your
positive steps to take the necessary domestic measures to investigate violations
of international human rights and humanitarian law and, where appropriate,
to hold accountable those who prove to have committed these violations
and to prosecute and punish them as recommended by the UN Fact Finding
Mission.
We wish to direct your attention to
that a similar letter has been sent to the Prime Minister of the Government
in Gaza, Mr. Ismail Haniyeh.
Sincerely,
Hassan Jabareen
General Director
Adalah
Sahar Francis
General Director
Addameer
Khalil Abu Shammala
General Director
Al Dameer Association for Human Rights
Shawan Jabarin
General Director
Al-Haq
Issam Younis
General Director
Al Mezan Centre for Human Rights
Ingrid Jaradat Gassner
General Director
Badil Resource Center for Palestinian
Residency and Refugee Rights
Rifat Kassis
General Director
Defence for Children International -Palestine
Section
Mohammad Zeidan
General Director
Arab Association for Human Rights
Shawqi Issa
General Director
Ensan Center for Human Rights and Democracy
Issam Arouri
General Director
Jerusalem Legal Aid Center
Maha Abu Dayieh
General Director
Women's Center for Legal Aid and Counseling