Stephanie Nebehay
GENEVA: The United States called on its close ally Israel Tuesday to conduct credible investigations into allegations of war crimes committed by its forces in Gaza, saying it would help the Middle East peace process. Michael Posner, US Assistant Secretary of State, said that Hamas leaders also had a responsibility to investigate crimes and to end what he called its targeting of civilians in Israel and use of Palestinians as human shields.
The UN Human Rights Council held a one-day debate on a report issued this month by Richard Goldstone, a South African jurist and former UN war crimes prosecutor.
His panel found the Israeli army and Palestinian militants committed war crimes and possibly crimes against humanity during their December-January war. Israel did not cooperate with the UN inquiry and has rejected the report as biased.
"We encourage Israel to utilize appropriate domestic [judicial] review and meaningful accountability mechanisms to investigate and follow up on credible allegations," Posner said during a speech to the Geneva forum.
"If undertaken properly and fairly, these reviews can serve as important confidence-building measures that will support the larger essential objective which is a shared quest for justice and lasting peace," he said.
But he also said Goldstone's report was "deeply flawed," without providing any details. Washington disagreed with the report's "methodology and many of its recommendations," he said.
He added that the Council paid "grossly disproportionate attention" to Israel, but said that the United States delegation was ready to engage in balanced debate.
Goldstone told a news conference it was encouraging that the United States "has called for acceptable investigations of the allegations by both sides. I think that's important support."
"We believe deeply in the rule of law, humanitarian law, human rights and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm," Goldstone told the UN Human Rights Council in Geneva that commissioned the report.
Earlier, he said a lack of accountability for war crimes committed in the Middle East had reached "crisis point," undermining any hope for peace in the region.
Israeli human rights group B'Tselem says 773 of 1,387 Palestinians killed were civilians. Israel says 709 combatants and 295 civilians were killed. But Israel includes policemen, who are legally viewed as non-combatants, in its militant death toll. Thirteen Israelis, 10 soldiers and three civilians, died.
Goldstone's report urges the UN Security Council to refer the allegations to the International Criminal Court in the Hague if either Israeli or Palestinian authorities fail to investigate and prosecute those suspect of such crimes within six months.
"International courts are courts of last resort, not first resort," he said on Tuesday.
UN High Commissioner for Human Rights Navi Pillay said that the Council had a duty to follow up on Goldstone's recommendations in the interest of all victims. In a speech, she also decried the deteriorating humanitarian situation in Gaza.
Later this week, the Council is due to consider a resolution presented by Arab and Islamic countries condemning Israel's failure to cooperate and calling on all parties to implement the report's recommendations. A vote is expected on Friday.
Israel's ambassador Leshno Yaar rejected the report as "shameful" and "one-sided." Israel had opened more than 100 investigations, 23 of which had led to criminal proceedings.
Lawyers want Barak arrested in UK over Gaza war
LONDON: Lawyers have asked a British court to issue an arrest warrant for Israeli defense chief Ehud Barak, who is in the country to meet with Prime Minister Gordon Brown and other officials.
Tayab Ali, one of several lawyers representing a coalition of Palestinian groups, said papers his group filed in the City of Westminster Magistrates Court accuse the Israeli defense minister of violating the Geneva Conventions and committing war crimes while directing the Israeli offensive against the Gaza Strip that began late last year.
"We think anybody suspected of war crimes should be brought to justice," said Ali.
He added that it was possible a hearing would be held on the request late Tuesday afternoon or Wednesday morning, adding that allegations are "narrowly focused" on Barak's actions as defense minister and do not deal with his earlier tenure as Israel's prime minister.
Israeli officials said that Barak, who is in Britain to speak to the Labor Friends of Israel group at the ruling Labor Party's conference in the English seaside city of Brighton, would not change his plans or curtail his trip because of the attempt to have him arrested.
Barak's office said he would have immunity from arrest due to his status as a senior minister, and Israeli Foreign Ministry spokesman Yigal Palmor said the bid to have Barak arrested had no merit.
"We haven't had the time to see all the details of the suit, but apparently this is a typical case of legal harassment," Palmor said. "It is based on nothing but bad will and political propaganda, maybe some newspaper clippings, nothing more. We have seen these cases of legal harassment in other countries and they have all had the treatment they deserved and we believe this time also this will not be taken further than today's headlines." - AP
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