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GENEVA, Spet 22 (KUNA) -- The UN human rights council issued late on
Wednesday a Report of the international fact-finding mission to investigate
Violations of international law, including international humanitarian and
human rights law, resulting from the Israeli attacks on the flotilla of ships
carrying humanitarian assistance to Gaza.
The mission has come to the firm conclusion that a humanitarian crisis
existed on the 31 May 2010 in Gaza. "The preponderance of evidence from
impeccable sources is far too overwhelming to come to a contrary opinion. Any
denial that this is so cannot be supported on any rational grounds."
"The action of the IDF (Israeli Defense Force) in intercepting the Mavi
Marmara cannot be justified in the circumstances even under Article 51 of the
United Nations Charter," said the report.
"The conduct of the Israeli military and other personnel towards the
flotilla passengers was not only disproportionate to the occasion but
demonstrated levels of totally unnecessary and incredible violence." The
experts added in the report.
"It betrayed an unacceptable level of brutality. Such conduct cannot be
justified or condoned on security or any other grounds. It constituted grave
violations of human rights law and international humanitarian law," they said.
The mission considers that several violations and offences have been
committed. It is not satisfied that, in the time available, to say that it has
been able to compile a comprehensive list of all offences.
"However, there is clear evidence to support prosecutions of the following
crimes within the terms of article 147 of the Fourth Geneva Convention such as
willful killing; torture or inhuman treatment; willfully causing great
suffering or serious injury to body or health."
The mission also considers that a series of violations of Israel's
obligations under international human rights law have taken place, including
such as right to life (article VI, ICCPR); torture and other cruel, inhuman or
degrading treatment or punishment (article VII, ICCPR; CAT); right to liberty
and security of the person and freedom from arbitrary arrest or detention
(article IX, ICCPR); right of detainees to be treated with humanity and
respect for the inherent dignity of the human person (article 10, ICCPR); and
freedom of expression (article 19, ICCPR).
Perpetrators of the more serious crimes being masked cannot be identified
without the assistance of the Israeli authorities. They reacted in a violent
manner whenever they thought that anyone was attempting to identify them. The
mission sincerely hopes that there will be cooperation from the Israeli
government to assist in their identification with a view to prosecuting the
culpable and bring closure to the situation.
The mission is aware that this is not the first time that the Government of
Israel has declined to cooperate with an inquiry into events in which its
military personnel were involved.
The attack on the flotilla, which killed nine activists and injured some 35
others, must be viewed in the context of the ongoing problems between the
Israeli Government and the Palestinian Authority and People.
In carrying out its task, the mission was exposed to the depth of
conviction on both sides of the correctness of their respective positions.
"Similar disasters are likely to reoccur unless there is a dramatic shift
in the existing paradigm," expected the mission.
"It must be remembered that might and strength are enhanced when attended
by a sense of justice and fair play. Peace and respect have to be earned not
bludgeoned out of any opponent. An unfair victory has never been known to
bring lasting peace," said the experts. (end)
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KUNA 230054 Sep 10NNNN