Biar nggak ada yan lupa...

Human Rights Watch
Israel/Gaza: International Investigation EssentialRelated Materials: 
Israel: Stop Shelling Crowded Gaza City
Israel: Stop Unlawful Use of White Phosphorus in Gaza
UN Human Rights Council Approves Gaza Inquiry
Other Material: 
Complete Coverage of Israel/Gaza
"The Security Council and the secretary-general should both work to
establish an independent investigation into alleged violations by both
sides...Since Human Rights Watch first made this call, our
on-the-ground investigations have shown that the need for such a
comprehensive inquiry is all the more apparent and pressing."
Joe Stork, deputy director of the Middle East and North Africa division at 
Human Rights Watch 
UN Should Ensure Impartial Inquiry Into Serious Violations by Both Sides 
January 27, 2009
York) - An impartial international investigation into allegations of
serious violations of the laws of war by Israel and Hamas during the
recent fighting in Gaza is essential to establish key facts and to
recommend mechanisms for holding violators accountable and providing
compensation to victims, Human Rights Watch said today. 
Human Rights Watch renewed its call for establishment of an
independent, international commission of inquiry and said that the UN
Security Council or UN Secretary-General Ban Ki-moon should urgently
take the necessary steps to achieve this.  
"The Security Council and the secretary-general should both work to
establish an independent investigation into alleged violations by both
sides," said Joe Stork, deputy director of the Middle East and North
Africa division at Human Rights Watch. "Since Human Rights Watch first
made this call, our on-the-ground investigations have shown that the
need for such a comprehensive inquiry is all the more apparent and
On January 12, the UN Human Rights Council in Geneva voted to
dispatch an international fact-finding mission to investigate alleged
violations of international human rights and humanitarian law by
Israel, but not alleged violations by Hamas and other Palestinian armed
groups. Leading UN officials have called for an investigation
specifically into Israeli attacks on UN schools and headquarters in
Gaza. Israeli officials have said that the government will investigate
these attacks as well as certain other alleged violations, such as the
use of white phosphorus in densely populated areas. 
Human Rights Watch said that Israel's poor record of investigating
and prosecuting serious violations by its forces, and the absence of
any such effort by Hamas or other Palestinian groups, makes it
essential that an inquiry be an independent international effort.
The fighting in Gaza from December 27, when Israel began its
military operation, until Israel and Hamas unilaterally declared
ceasefires on January 18, left some 1,300 Palestinians dead and more
than 5,000 wounded, 40 percent of them children and women. In addition,
the casualties included an undetermined number of male civilians not
taking part in hostilities. Over the same period, Palestinian rocket
fire killed three Israeli civilians and wounded more than 80. Ten
Israeli soldiers were killed.  
"Civilians have far-and-away paid the greatest price in this
conflict," Stork said. "An independent investigation is a necessary
step for ensuring the justice and accountability that they deserve."
Human Rights Watch called on all members of the Security Council to
support the establishment of a UN commission of inquiry with the
greatest possible expertise and authority and with a mandate to address
serious violations by all parties to the conflict.   In the absence of
such action, Secretary-General Ban should immediately take the
initiative to establish such an inquiry, Human Rights Watch said. 
"While the Human Rights Council has acted as if only Israel deserves
criticism, the US has often prevented the Security Council from acting
to hold Israel accountable," Stork said. "These mutually
reinforcing double standards have poorly served ordinary Palestinians
and Israelis alike, not to mention respect for international law."
Human Rights Watch noted that Israel's refusal to allow independent
journalists and human rights monitors into Gaza during the fighting
makes it all the more crucial to have an investigation conducted by
independent experts willing and able to interview victims and witnesses
and collect physical evidence, as well as to meet with Israeli and
Palestinian officials. 
Human Rights Watch is currently in Gaza investigating allegations of serious 
violations of the laws of war, including:
        * Indiscriminate use of weapons such as heavy artillery in densely 
populated areas;
        * Using civilians as human shields or otherwise placing civilians at 
unnecessary risk;
        * Firing on or otherwise preventing ambulances and emergency medical 
care from reaching persons in need;
        * Firing rockets deliberately or indiscriminately into residential 
        * Targeting persons seeking to communicate their civilian status with 
white flags; and
        * Targeting presumptively civilian installations such as police
stations and government offices that were not legitimate military
Human Rights Watch said that an international commission of inquiry
should also investigate serious violations of international
humanitarian law prior to the Israeli military offensive that began on
December 27. These should include rocket fire by Palestinian armed
groups into Israeli civilian areas and Israel's blockade of people and
essential goods and services into and out of Gaza, which is a form of
collective punishment. The commission of inquiry should investigate who
was responsible for ordering and carrying out violations, as well as
those who knew or should have known of them but did nothing to halt
"The parties to the Gaza conflict have committed serious violations
of the laws of war," Stork said. "The victims deserve nothing less than
a legitimate and comprehensive impartial investigation that leads to
full accountability and redress." 
States have an obligation to investigate serious violations of the
laws of war. When committed with criminal intent, such violations are
war crimes. Where there is evidence that a war crime may have been
committed, a state has an obligation to investigate and, if
appropriate, prosecute the suspects. Non-state armed groups should take
appropriate disciplinary and judicial measures against members of their
forces who commit laws-of-war violations. 
Previous Israel Defense Forces (IDF) investigations into alleged
serious violations of the laws of war, when they have occurred, have
been deeply flawed. An IDF investigation into the killings of 27 people in the 
Lebanese village of Qana on July 29, 2006, for example, was incomplete and 
legally misguided, and its findings contradicted eyewitness testimonies.
Following Israeli military operations in the Jenin refugee camp in the West 
Bank in April 2002, Human Rights Watch provided Israeli
officials with prima facie evidence of the use of civilians as human
shields and other war crimes by Israeli forces. To Human Rights Watch's
knowledge, Israel at no point investigated these incidents or held any
of its military personnel accountable. 
During Israel's previous major ground offensive in Gaza, in late
February and early March 2008, Human Rights Watch found that Israeli
forces carried out several targeted killings of persons not taking part
in hostilities and other serious laws-of-war violations. To date, no
IDF investigations have taken place into these incidents. 
Hamas is not known to have investigated or punished any members of
its military wing or other Palestinian armed groups who engaged in
unlawful rocket attacks into Israel or other alleged laws-of-war
Human Rights Watch focuses on international law governing the
conduct of hostilities by each party to a conflict, especially with
respect to sparing civilians the hazards of war. Human Rights Watch
does not address whether Hamas or Israel is justified in resorting to
armed force or in the extent of force deployed. Human Rights Watch
believes this is the best way to promote the goal of encouraging all
sides in armed conflicts to respect international humanitarian law. 
Human Rights Watch said that a credible inquiry requires examining
all aspects of the conflict and its impact on civilians, and
investigating all alleged abuses. "Highlighting abuses of both sides
does not, and should not, imply equating the conduct of both sides,"
Stork said.
Also available in:
        * العربية
        * 日本語
        * Français
        * Hebrew
Send this News to: *  
Please enter email addresses separated by commas.
Personal message: visitor sent you this article from Human Rights 
© Copyright 2008, Human Rights Watch 
Jusfiq Hadjar gelar Sutan Maradjo Lelo

Allah yang disembah orang Islam tipikal dan yang digambarkan oleh al-Mushaf itu 
dungu, buas, kejam, keji, ganas, zalim lagi biadab hanyalah Allah fiktif.


Kirim email ke