Israel's military broke international laws during a raid on a Gaza-bound aid flotilla, a UN Human Rights Council investigation says. Its report said the action by commandos, which left nine dead, was "disproportionate" and "betrayed an unacceptable level of brutality". It said there was clear evidence to support prosecutions against Israel for "wilful killing".
Israel rejected the report as "biased" and "one-sided." It insists its soldiers acted in self-defence during the 31 May raid. Nine Turkish pro-Palestinian activists were killed and many others injured after Israeli commandoes boarded the six-ship convoy as it tried to breach an Israeli naval blockade of Gaza. The convoy's passengers were detained and later deported by Israel. There was widespread international criticism of Israel's actions, which severely strained relations with its long-time Muslim ally, Turkey.
'Biased'
In a 56-page report, the UN panel of three international lawyers said: "There is clear evidence to support prosecutions of the following crimes within the terms of article 147 of the Fourth Geneva Convention: wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health". The Convention is an international treaty governing the protection of civilians in times of war. The UN fact-finding mission also said the Israeli blockade of the Palestinian territory was "unlawful" because of a humanitarian crisis there.
The panel had interviewed more than 100 witnesses in Britain, Jordan, Switzerland Turkey, but not in Israel. Before the report was released, Israel dismissed the Human Rights Council as being biased, politicised and extremist. After the findings were published, it said the report was "as biased and as one-sided as the body that has produced it".
"Israel... is of the opinion that the flotilla incident is amply and sufficiently investigated as it is," said the Israeli foreign ministry in a statement. "All additional dealing with this issue is superfluous and unproductive." The Israeli government has begun its own independent inquiry into the flotilla raid, the Turkel Commission. It has two foreign observers, but critics say its remit is too narrow. There is also a separate UN inquiry - ordered by UN Secretary General Ban Ki-moon - into the raid. Israel has said it will co-operate with the investigation.
V. Conclusions
260. The attack on the flotilla must be viewed in the context of the ongoing problems
between the Israeli Government and the Palestinian Authority and People. In carrying out
its task, the Mission was exposed to the depth of conviction on both sides of the correctness
of their respective positions. Similar disasters are likely to reoccur unless there is a dramatic
shift in the existing paradigm. It must be remembered that might and strength are enhanced
when attended by a sense of justice and fair play. Peace and respect have to be earned not
bludgeoned out of any opponent. An unfair victory has never been known to bring lasting
peace.
261. The Mission has come to the firm conclusion that a humanitarian crisis existed on
the 31 May 2010 in Gaza. The preponderance of evidence from impeccable sources is far
too overwhelming to come to a contrary opinion. Any denial that this is so cannot be
supported on any rational grounds. One of the consequences flowing from this is that for
this reason alone the blockade is unlawful and cannot be sustained in law. This is so
regardless of the grounds on which it is sought to justify the legality of the blockade.
262. Certain results flow from this conclusion. Principally, the action of the IDF in
intercepting the Mavi Marmara in the circumstances and for the reasons given on the high
sea was clearly unlawful. Specifically, the action cannot be justified in the circumstances
even under Article 51 of the United Nations Charter.
263. Israel seeks to justify the blockade on security grounds. The State of Israel is entitled
to peace and security like any other. The firing of rockets and other munitions of war into
Israeli territory from Gaza constitutes serious violations of international and international
humanitarian law. But action in response which constitutes collective punishment of the
civilian population in Gaza is not lawful in the present or any circumstances.
264. The conduct of the Israeli military and other personnel towards the flotilla
passengers was not only disproportionate to the occasion but demonstrated levels of totally
unnecessary and incredible violence. It betrayed an unacceptable level of brutality. Such
conduct cannot be justified or condoned on security or any other grounds. It constituted
grave violations of human rights law and international humanitarian law.
265. The Mission considers that several violations and offences have been committed. It
is not satisfied that, in the time available, it can say that it has been able to compile a
comprehensive list of all offences. However, there is clear evidence to support prosecutions
of the following crimes within the terms of article 147 of the Fourth Geneva Convention:
- wilful killing;
- torture or inhuman treatment;
- wilfully causing great suffering or serious injury to body or health.
The Mission also considers that a series of violations of Israel’s obligations under
international human rights law have taken place, including:
- right to life (article 6, ICCPR);
- torture and other cruel, inhuman or degrading treatment or punishment (article 7,
- ICCPR; CAT);
http://www.youtube.com/watch?v=NeHxdLEhiLU
http://www.bbc.co.uk/news/world-middle-east-11393836
http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.21_en.pdf
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