CHRIS STEPHEN in New York, The Irish Times, November 7, 2009
ISRAEL YESTERDAY rejected a UN General Assembly resolution calling for investigations into a report alleging that war crimes were committed in Gaza.
Saying the resolution was “completely detached from realities on the ground”, an Israeli foreign ministry statement said Israel would “continue to act to protect the lives of its citizens from the threat of international terrorism”.
Ireland was one of five EU nations to support the resolution, which calls on both Palestinian and Israeli authorities to investigate allegations of war crimes contained in a report commissioned by the UN Human Rights Council.
The Department of Foreign Affairs said in a statement that it had supported the UN resolution because Dublin backs the Goldstone report into possible breaches of war crimes law.
“We do fully support the recommendations which call, in the first instance, on the parties to the conflict in Gaza to respond seriously and comprehensively to the findings of the report, by launching appropriate investigations into all the allegations of possible breaches of international law.”
The resolution is non-binding, but calls on UN secretary general Ban Ki-moon to monitor inquiries on both sides and report back in three months, when the assembly will consider further action.
“We started the journey today,” said Palestinian UN observer Riyad Mansour. “We will continue this process until we make sure that the Israeli criminals who have committed war crimes against the Palestinian civilians face justice.” The vote, backed by 118 of the 192 member states, is the latest stage of a controversial process which began last January when the UN’s Human Rights Council condemned Israel’s Gaza offensive, in which 13 Israelis and nearly 1,400 Palestinians died.
In September, Richard Goldstone, a former UN war crimes prosecutor, produced a report on the Gaza offensive which said there was evidence that both Israel and the Palestinians had committed violations of war crimes law, possibly amounting to crimes against humanity.
The most controversial part of the report was Justice Goldstone’s recommendation that if both sides failed to launch their own investigations into the killings, the UN should consider ordering the International Criminal Court to do so.
This UN resolution leaves open that possibility, by saying that if both sides have not carried out credible investigations within three months, the matter could be passed to the UN Security Council, which has the power to order war crimes trials.
Despite much talk of the EU moving towards a common foreign and security policy, member states were split over the resolution, with 14 states abstaining and Ireland joining Cyprus, Malta, Portugal and Slovenia in backing it.
Sweden’s UN ambassador Anders Liden led negotiations on behalf of EU states trying to persuade the Palestinians to accept a watered-down version of the resolution, which did not include endorsement of recommendations that the Security Council should be asked to consider war crimes trials. “We did not bring them together,” said Mr Liden. But he insisted EU states were together in condemning war crimes committed in Gaza, and urging both sides to hold investigations.
What happens next is unclear. If the secretary general reports back in February that either side has not carried out credible investigations, diplomats say there is strong support for the matter to be passed to the Security Council.
The council has previously initiated international war crimes trials for states including Rwanda, Sierra Leone, Sudan and former Yugoslavia, but it is unlikely to add Israel to the list.
Only China among the permanent five veto-wielding members backed the General Assembly resolution, with Britain, France, Russia and the US likely to resist approving war crimes trials, saying they could upset chances of furthering the peace process.
Both sides insist they have begun investigations; Israel says probes into any illegal acts are ongoing, and Mr Mansour promised inquiries into Goldstone’s report that missiles were fired into Israel from Gaza. “We will see after three months who will comply and who will not comply.”
Why Support for Palestine Ebbs
November 19, 2009Rami Khouri, Agence Global, Nov 18, 2009
CAIRO — The atmosphere in Cairo this week tells us much about the contemporary Arab world’s view of the Palestine cause in relation to domestic issues in every Arab country. Ordinary Arabs and their governments alike seem fed up with the incompetence of the Palestinian leadership, while remaining strongly committed emotionally to the justice and rights of the Palestinian cause.
Fittingly, it’s emotionally satisfying for Palestinians, but not very promising politically.
The contrast is vividly reflected this week in the national frenzy over the Egyptian football team’s World Cup qualifying playoff match against Algeria in Sudan, in contrast with little attention being paid to the condition of the Palestinians. Years ago, thousands would have marched in the streets of Cairo to express support for Palestinians against Israel’s occupation and colonization policies. Today, it is a sign of the times that the Egyptian border with southern Gaza remains firmly locked. The Palestinian threat to seek support for an independent state at the UN Security Council receives only passing attention, while the authorities are busy organizing an airbridge to send supporters to cheer on their Egyptian national football team in Khartoum.
In many ways it is hard to criticize the Egyptians, who broke away from the Arab pack three decades ago and signed their separate peace agreement with Israel — to be followed 15 years later by the Jordanian-Israeli peace agreement, after the Palestinians tried to negotiate a permanent peace settlement with Israel via the Oslo agreements. That attempt failed, for many reasons, the primary ones being the Israeli lack of seriousness about an end to colonization of Palestinian land, insistence on annexing much of Jerusalem, and refusing to deal with the Palestinian refugees seriously, while on the Palestinian side the use of suicide bombs against Israelis added a fatal blow to the negotiations.
Many attempts to negotiate comprehensive peace in the last three decades have failed, and each time the Israelis and Palestinians fall back on the same rhetorical positions: Israel says it is prepared to discuss peace arrangements without preconditions (its colonization and strangulation of Palestinian land and society being set aside, presumably, as a non-reality), while the Palestinians accuse Israel of not being serious about negotiating peace. Because Israel is militarily stronger and in control of daily life arteries for Palestinians — like entry and exit points, water, food, electricity and fuel — it tends to define conditions on the ground. The Palestinian leadership, for its part, appeals to the world’s conscience and respect for international law, but with little impact, and even less credibility.
The world has slowly tired of the Palestinians in their current political mode, and focused on other issues, because the prospects of a negotiated Arab-Israeli peace seem slim, as diplomatic attempts to reach a full peace have repeatedly confirmed in the last three decades. It is no wonder that Egypt became weary with this and went its own way. Now it cheers enthusiastically and naturally for its national football team, while keeping the gates to southern Gaza firmly shut.
The astounding thing is that the Palestinian leadership over the years has not woken up to the fact that however just and powerful is the cause of Palestine, it is not an inexhaustible well of emotional and political support from others in the Arab region or abroad. We are likely to witness this demonstrated again in the Arab and international shrug of the shoulders in response to the latest Palestinian idea of seeking Security Council recognition for the political fact and formal borders of a Palestinian state. It is hard to imagine a more unrealistic and fanciful idea than this, given that Israel controls the actual land where the borders should be drawn, and the United States — with its veto — controls the decision-making capacity of the Security Council.
It would have been much more productive for the Palestinian leadership to go to the UN and fight for adoption of the Goldstone Report on the atrocities committed mostly by Israel during the Gaza war last year. Having flip-flopped on the Goldstone Report and now threatening to make a meaningless approach to another UN body, the current Palestinian leadership persists in its legacy of living in a dream world. It is deeply detached from its own — and fellow Arab — people who should be its core support. It is also totally disrespected by the Israeli government, and largely ignored by the rest of the world.
This prevails at a time when Israeli war crimes and colonization continue unabated, but are marginalized politically because of the incompetence of the Palestinian leadership. No wonder more and more Arabs and others turn away from the Palestine issue, and give it only perfunctory rhetorical support without making more costly political moves to oppose Israeli policies or help the Palestinians. Israeli national criminality and Palestinian political incompetence are a deadly combination.
Rami G. Khouri is Editor-at-large of The Daily Star, and Director of the Issam Fares Institute for Public Policy and International Affairs at the American University of Beirut, in Beirut, Lebanon.
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Tags:Arabs, colonization of Palestinian land, Egyptians, Goldstone report, Israel, Israeli war crimes, Palestinian leadership, the Palestine cause
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