By JERUSALEM POST STAFFPublished: SEPTEMBER 16, 2009 00:44Advertisement
The recommendations of the Goldstone Committee report on the Gaza conflict are not binding on any of the parties to whom they were addressed, including Israel and the Palestinians.
1.Recommendations to Israel:
a.Israel should immediately cease the border closures and restrictions of passage through border crossings and allow passage of goods into Gaza.
b.Israel should cease restrictions on sea access for Palestinian fishermen and allow fishing activities within 20 nautical miles of shore.
c.Israel should review the rules of engagement, standard operating procedures and open fire regulations. It should avail itself of international and local experts, including the International Committee of the Red Cross, to ensure compliance with international law.
d.Israel should allow freedom of movement for Palestinians within the territories and between Gaza and the West Bank.
e.Israel should release prisoners detained in connection with the occupation.
f.Israel should stop interfering with national political processes in the territories.
g.Israel should cease actions inside Israel aimed at limiting criticism by the public concerning Israeli policy and military operations in Gaza.
h.The government should refrain from acts of reprisal against Israelis and Palestinians who testified before the committee.
i.Israel should reiterate its commitment not to harm UN premises and personnel.
2.Recommendations to Palestinian armed groups:
a.Palestinian armed groups should respect international law.
b.The groups holding Gilad Schalit should release him or at least recognize his status as a POW.
3.To responsible Palestinian authorities:
a.The PA should instruct security forces under its command to abide by human rights norms and investigate all allegations of serious human rights violations.
b.The PA and Gaza authorities should immediately release all political detainees.
c.The PA and Gaza authorities should continue to enable free and independent operation of NGOs.
4.To the UN Security Council:
a.The Security Council should require Israel to launch investigations into serious violations of international law within three months.
b.The Security Council should appoint an independent committee of experts in International Humanitarian and International Human Rights Law to monitor and report on Israeli investigations.
c.The committee should submit its report in six months. On its basis, the Security Council will ascertain whether the domestic investigations are genuine and conducted in good faith.
d.If it decides that they are not, it will refer the matter to the prosecutor of the International Criminal Court.
e.The same terms apply to the relevant authorities in the Gaza Strip.
5.To the UN General Assembly:
a.The General Assembly should ask the Security Council to update it on the legal measures taken regarding international law violations by both sides.
b.The General Assembly should establish an escrow fund to compensate Palestinians for damages and have Israel contribute to it.
c.The General Assembly should ask the Swiss government to convene a conference of signators to the Fourth Geneva Convention on measures to enforce the convention in the territories.
d.The General Assembly should consider the use of weapons such as white phosphorous, flechettes and heavy metal such as tungsten. Israel should undertake to suspend the use of such weapons.
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