Human Rights Council experts meet Raji Sourani in Gaza

The Palestinian Centre for Human Rights (PCHR), directed by Speak Truth To Power human rights defender Raji Sourani, received on August 15th members of the UN Committee of Experts, mandated by the UN Human Rights Council to monitor Israeli and Palestinian investigations into the serious violations of international humanitarian and human rights law on the Gaza war.

The United Nations Fact Finding Mission led by Judge Richard Goldstone had recommended that appropriate investigations should take place from both sides.

The committee is mandated to “monitor and assess any domestic, legal or other proceedings undertaken by both the Government of Israel and the Palestinian side … including the independence, effectiveness, genuineness of these investigations and their conformity with international standards.”

The three experts who have agreed to form the committee are Professor Christian Tomuschat (Chair), Judge Mary McGowan Davis and Mr. Param Cumaraswamy.

PCHR director Raji Sourani and Eyad Elami, head of PCHR’s Legal Unit, briefed the Committee on the Centre’s experience in taking cases before the Israeli courts, and on the inherent flaws within the Israeli system which render the pursuit of justice for Palestinian victims impossible.

The meeting focused on the events occurring in the aftermath of Operation Cast Lead. The PCHR filed 1,046 civil complaints on behalf of victims, to the compensation officer in the Israeli Ministry of Defense, as well as approximately 490 criminal complaints calling for investigations by the Israeli military prosecution. The group said only a handful of responses have been received. In light of Israel’s longstanding failure to conduct effective investigations, the pressing necessity of recourse to mechanisms of international criminal justice was emphasized to the experts.

During the meeting, PCHR also discussed the investigations conducted by the Palestinian authorities. Those exceptionally limited processes begun to date do not meet international requirements, and according to the PCHR, it must be concluded that the Palestinian authorities are unable to conduct effective investigations, and if appropriate, prosecutions with respect to the violations documented in the Goldstone Report.

Following the meeting at PCHR’s office, the Committee also met with a number of victims of the offensive, to discuss their experiences with respect to the investigative procedures conducted to-date.

The Committee is due to submit its final report to the 15th Session of the UN Human Rights Council in September 2010.