By Haider Rizvi | Inter Press Service
UNITED NATIONS, Jan 5 (IPS) – Disappointed with the Security Council’s inaction regarding the worsening situation in Gaza, diplomats from numerous nations of the global South are close to taking the case of Israeli aggression to the U.N. General Assembly.
“It seems like they will wait for another day or two about what happens at the Security Council. If the Council does not take any action, they will be going to the General Assembly soon,” a diplomatic source told IPS on condition of anonymity.
U.N. and Gaza health officials have reported more than 550 Palestinian dead and around 2,500 wounded since the offensive began on Dec. 27.
Countries like Malaysia, Indonesia, Iran and Venezuela are in favour of asking the 192-member General Assembly to adopt a resolution deploring Israeli killing of civilians and calling for an immediate ceasefire, the source said.
However, the source added that some Arab countries and others are expressing reservations about such a move.
Unlike the Security Council, the U.N. General Assembly does not have the power to implement its resolutions by force. But its verdict on international issues of war and peace is considered as important because it is based on majority vote on an equal basis.
In a statement Monday, the Non-Aligned Movement (NAM), which enjoys a solid majority in the General Assembly, said it was deeply disappointed at the “inability of the Security Council to uphold its responsibilities in maintaining international peace and security.”
The 118-member group of developing nations called for Israel to end the “collective punishment” of the Palestinians, and abide by all its obligations as the occupying power under international law and relevant U.N. resolutions and that it does so “unconditionally”.
That demand is not acceptable to Israel’s closest ally, the United States, which enjoys veto power in the 15-member Security Council. On Saturday, the U.S. blocked a Council presidential statement calling for an immediate ceasefire by both sides.
“We want this thing to end,” argued the U.S. ambassador to the U.N., Zalmay Khalilzad, before informal Security Council consultations started Monday evening. “But [first] practical engagements that are workable and durable have to be made.”
When pressed by a journalist to explain what he really meant by the term “practical arrangements”, the U.S. envoy responded with an air of vagueness: “Ceasefire that deals with both the rockets and [the Israeli military action].”
“We want an arrangement that can endure,” he said, adding that his country was against an unconditional ceasefire because it feared that Hamas would use it to rearm itself as Hezbollah did in Lebanon in 2006.
Conversations with a number of diplomatic observers suggest the U.S. is not going to change its stance before the new administration takes charge in Washington, and that until then, the Israelis would continue their military operation Gaza.
Describing the situation as “alarming”, the U.N. chief for humanitarian operations, John Holmes, said Monday that civilian casualties were steadily rising as Israeli ground operations have now intensified with ongoing aerial bombing.
“We look urgently for a ceasefire,” he told reporters. “We don’t know the exact number of casualties. The reports say they are over 500. The casualties are rising. Hospitals are struggling with growing casualties. Power is lacking.”
The U.N. relief agency UNRWA’s John Ging called the situation in Gaza “a shocking state of affairs”. In a teleconference, Ging, who entered Gaza Monday, said: “The streets are empty. It’s really horrible. People are terrorised and terrified. There is nowhere to flee.”
Holmes said he had repeatedly called for ceasefire on humanitarian grounds but “I don’t see any response to my appeal.” The U.N. official said the aid crisis in Gaza was worsening day by day.
Facing the possibility of a humanitarian disaster in Gaza, General Assembly President Miguel d’Escoto Brockmann has repeatedly called for a ceasefire while terming the deadly Israeli attacks a “monstrosity”.
On Monday, his spokesperson, Enrique Yeves, strongly criticised the Council for its failure to adopt a statement. “This organisation was established to establish peace,” he said, adding that contrary to the hopes of many, it failed to stop “the massacre in Gaza”.
“Why the Council is not making decisions? Why the people are dying every day?” he asked at a briefing.
On Monday, Amr Moussa, the secretary general of the 22-member Arab League, called the Israeli actions in Gaza “naked aggression” and demanded an immediate halt to military operations in the occupied territory.
“We want the Council to act decisively and swiftly,” he told reporters before attending a meeting with U.N. Secretary-General Ban Ki-moon and several Arab foreign ministers at U.N. headquarters.
For his part, Ban expressed cautious optimism about the outcome of the meeting.
“We have agreed to work very closely so that the Security Council can take decisive and swift and credible action for a binding resolution,” he said. “We will continue to work closely in the coming days with the Council and other key leaders in the region.”
Ban said he was going to Washington Tuesday to discuss the current phase of the Middle East crisis with President George W. Bush, whose term expires in two weeks. When asked what he was going to tell Bush, Ban said: “I am going to stress that this situation should come to an end and [that] the civilian population should be fully protected.”
While Ban flies to Washington Tuesday, Palestinian Authority President Mahmoud Abbas is due to arrive at U.N. headquarters in New York.
Experts on conflict resolution and human rights law say it is a must that the Security Council takes a firm and immediate action to stop the killing of civilians in Gaza. In this context, they are recommending a number of practical measures.
“The Council can start by a strong resolution condemning attacks by civilians on both Israel and [the Palestinian militant group] Hamas, demanding that such acts cease immediately,” said the London-based Amnesty International’s Malcolm Smart.
In a statement, Amnesty said it wants the Council to urge Israel to lift restrictions on the passage of humanitarian aid to Gaza and allow aid workers and journalists to have unhindered access to the occupied territories under attack.
Experts at the International Crisis Group (ICG) have also suggested similar measures and more.
“Third parties viewed as credible and trustworthy by both parties must push to end this before the toll escalates or before Israel’s land incursions turn into a venture of uncertain scope, undetermined consequences and all too familiar human cost,” said ICG’s Robert Belcher.
In Belcher’s view, Israel might win militarily and even topple Hamas, “but with clear exit and day-after scenario, a discredited Palestinian Authority and debilitated peace process, it might not be a political win.”
“There are signs important actors — European in particular, the U.S. far less so — have learned from the experience of the 2006 Israel-Lebanon war that time is of the essence,” he said. “It’s not clear whether this bitter lesson will translate into quicker action.”
“But,” according to the ICG analyst, “devising a ceasefire acceptable to both sides is not beyond reach.”
At the moment, no one really knows if such suggestions are going to work or not.
Israel/Gaza: General Assembly Presses for War Justice
February 27, 2010Most EU States Support Call for Israeli, Palestinian War Crimes Investigations; US and Canada Opposed
“The UN resolution sends a strong message that Israel and Hamas need to conduct genuine investigations into the allegations of wartime abuses and punish those responsible. Governments are refusing to exempt the Israeli-Palestinian conflict from demands for justice made for other conflicts around the world.”
(New York) – Today’s United Nations General Assembly resolution calling for impartial Gaza war crimes investigations is an important step toward justice for all civilian victims of last year’s conflict, Human Rights Watch said. A majority of UN members, including most European Union (EU) states, voted for the resolution, increasing pressure on Israel and Hamas to conduct credible investigations into the allegations of war crimes by their forces.
A November 2009 General Assembly resolution calling for credible domestic investigations by all parties to the conflict garnered support from only 5 EU member states.
“The UN resolution sends a strong message that Israel and Hamas need to conduct genuine investigations into the allegations of wartime abuses and punish those responsible,” said Steve Crawshaw, UN advocacy director at Human Rights Watch. “Governments are refusing to exempt the Israeli-Palestinian conflict from demands for justice made for other conflicts around the world.”
By a vote of 98 to 7, with 31 abstentions, the General Assembly called on Israel and Hamas to conduct thorough and impartial investigations into the serious violations of international human rights and humanitarian law documented by the UN Fact-Finding Mission on the Gaza Conflict (the Goldstone report). Fifty-six countries did not vote. The resolution requires Secretary-General Ban Ki-moon to report back to the General Assembly within five months on the progress both parties have made.
The Goldstone report concluded that both Israel and Hamas had committed war crimes and possible crimes against humanity.
Sixteen EU members voted for the resolution, including permanent Security Council members France and the United Kingdom.
The countries voting against were Canada, Israel, Macedonia, Micronesia, Nauru, Panama, and the United States.
“Washington’s objection to this resolution reveals a blatant double standard when it comes to international justice,” Crawshaw said. “Why should the victims of war crimes in Gaza not benefit from the same US demands for accountability as victims in Congo and Darfur?”
In its resolution on November 5, 2009, the General Assembly called on Israel and Hamas to conduct credible investigations within three months. In late January 2010, Israel and Hamas delivered their reports on domestic investigations to the UN. Based on those reports, Secretary-General Ban told the General Assembly on February 4 that, because the domestic processes were ongoing, “no determination can be made on the implementation of the resolution by the parties concerned.” He repeated his call on all parties “to carry out credible domestic investigations into the conduct of the Gaza conflict.”
Human Rights Watch has strongly criticized both Israel and Hamas for failing to conduct thorough and impartial investigations into the many alleged violations by their forces during the Gaza conflict.
To date, Israel has not prosecuted any soldier or commander for unlawful killings or other serious laws-of-war violations during the Gaza conflict. Nor has it conducted credible investigations into military policies that may have contravened the laws of war or facilitated war crimes. These include the targeting of Hamas political institutions and Gaza police; the use of heavy artillery and white phosphorus munitions in populated areas; and the rules of engagement for aerial drone operators and ground forces.
Hamas has not disciplined or prosecuted anyone for ordering or carrying out thousands of deliberate or indiscriminate rocket attacks against Israeli population centers before, during, and after the fighting in December 2008 and January 2009. Killings and other serious abuses by Hamas security forces against suspected collaborators and political rivals in Gaza have also gone unpunished.
“The United States, Canada, and other governments that voted against the Gaza resolution missed an opportunity to help break the cycle of violence and impunity that poses a major obstacle to the peaceful resolution of the Israeli-Palestinian conflict,” Crawshaw said.
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