Justice Delayed is Justice Denied: Decision of Palestinian Leadership and International Pressure an Insult to the Victims

Justice Delayed is Justice Denied: Decision of Palestinian Leadership
and International Pressure an Insult to the Victims

Adalah * Addameer * Aldameer * Al Haq * Al Mezan * Badil * Civic
Coalition for Jerusalem * DCI-Palestine * ENSAN Centre * Independent
Commission for Human Rights * Jerusalem Legal Aid and Human Rights
Centre * Palestinian Centre for Human Rights * Ramallah Centre for Human
Rights Studies * Women’s Centre for Legal Aid and Counselling *

Yesterday, 2 October 2009, the Palestinian leadership – under heavy
international pressure lead by the United States – deferred the draft
proposal at the Human Rights Council endorsing all the recommendations
of the UN Fact Finding Mission (the Goldstone Report). This deferral
denies the Palestinian peoples’ right to an effective judicial remedy
and the equal protection of the law. It represents the triumph of
politics over human rights. It is an insult to all victims and a
rejection of their rights.

The crimes documented in the report of the UN Fact Finding Mission
represent the most serious violations of international law; Justice
Goldstone concluded that there was evidence to indicate that crimes
against humanity may have been committed in the Gaza Strip. Violations
of international law continue to this day, inter alia, through the
continuing Israeli-imposed illegal blockade of the Gaza Strip. The
findings of the Mission confirmed earlier investigations conducted by
independent Palestinian, Israeli and international organisations.

The injustice that has now been brought upon Palestinians has been
brought upon everyone on this globe. International human rights and
humanitarian law are not subject to discrimination, they are not
dependent on nationality, religion, or political affiliation.
International human rights and humanitarian law apply universally to all
human beings.

The rule of law is intended to protect individuals, to guarantee their
fundamental rights. Yet, if the rule of law is to be respected it must
be enforced. World history, and the Israeli occupation of Palestinian
land has shown us that as long as impunity persists, the law will
continue to be violated; innocent civilians will continue to suffer the
horrific consequences.

Justice delayed is justice denied. All victims have a legitimate right
to an effective judicial remedy, and the equal protection of the law.
These rights are universal: they are not subject to political
considerations. In the nine months since Operation Cast Lead, no
effective judicial investigations have been conducted into the conflict.
Impunity prevails. In such situations, international law demands
recourse to international judicial mechanisms. Victims’ rights must be
upheld. Those responsible must be held to account.

The belief that accountability and the rule of law can be brushed aside
in the pursuit of peace is misguided. History has taught us time and
time again, that sustainable peace can only be built on human rights, on
justice, and the rule of law. For many years in Palestine international
law, and the rule of law, has been sacrificed in the name of politics,
and cast aside in favour of the peace process. This approach has been
tried, and it has failed: the occupation has been solidified, illegal
settlements have continued to expand, the right to self determination
has been denied; innocent civilians suffer the horrific consequences. It
is now time to pursue justice, and a peace built on a foundation of
human rights, dignity, and the rule of law. In Justice Goldstone’s
words, there is no peace without justice.

As human rights organisations we strongly condemn the Palestinian
leaderships’ decision to defer the proposal endorsing all the
recommendations of the Fact Finding Mission, and the pressure exerted by
certain members of the international community. Such pressure is in
conflict with States' international obligations, and is an insult to the
Palestinian people.

As human rights organizations concerned with rights and justice, we
declare that we will double our efforts to seek justice for the victims
of the violations of human rights and international law in oPt without
delay.