Ireland must bring charges against perpetrators of war crimes in gaza
Issued : Tuesday 20 July, 2010
Statement by Joe Costello TD
Minister of State at the Department of Foreign Affairs and Trade with responsibility for Trade and Development
JOINT STATEMENT BY PROINSIAS DE ROSSA JOE COSTELLO
Today Deputy Joe Costello and MEP Proinsias De Rossa of Labour jointly made a formal complaint to the Attorney General concerning the Israeli 'Operation Cast Lead' and called on him to initiate prosecutions for war crimes carried out in Gaza from December 2008 to January 2009. (Copy of letter attached)
During that war over 1400 Palestinian civilians, including over 300 children, died. Also killed were 11 Israelis (7 from 'friendly' fire), and two Israeli civilians.
The Goldstone Enquiry, established by the United Nations found evidence of war crimes by both sides, but predominantly by Israel. The most damning of all Goldstone's findings is the conclusion:
Paragraph 1884 - '...the operations were in furtherance of an overall policy aimed at punishing the Gaza population for its resilience and for its apparent support for Hamas, and possibly with the intent of forcing a change in such support'.
And
Paragraph 1886 - '...deeds by the Israeli armed forces and words of military and political leaders prior to and during the operations indicate that, as a whole, they were premised on a deliberate policy of disproportionate force aimed not at the enemy but at the "supporting infrastructure." In practice, this appears to have meant the civilian population
In other words the appalling devastation and death toll in Gaza was not because individual soldiers did not follow orders, but because they obeyed orders, which originated at the highest political level.
We are calling on Ireland's Attorney General to exercise his duty under Irish legislation, The Geneva Convention Act (1962), which obliges him to bring charges against those that are suspected of war crimes. We have provided him with a copy of the Goldstone Report and other reports, such as the Amnesty International Report on the use of the deadly white phosphorous, and the Palestinian Human Rights Center's report on the wars effect on women in Gaza.
The Irish Constitution obliges the Attorney General, not only to advise the Government, but also states: (Article 30) '.... he shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this constitution or by law'.
Paragraph 3.3 of The Geneva Convention Act 1962 states: Proceedings under this section (grave breaches) shall not be instituted except by, or on behalf of, or with the consent of the Attorney General.
This is not an optional obligation, nor can he be prevented from exercising his constitutional obligation by the whim of the government, which may judge that it is not politically opportune to prosecute such a case.
For Ireland, as a small State, indeed for all small states, including Israel, it is extremely important that international law be seen to be effective and that it operates even-handedly, whether friendly or unfriendly states are involved.
There is every reason to believe that the failure of the international community to act decisively following the war on Gaza led to Israel's subsequent policy decision to attack the Gaza Aid flotilla, resulting in the death of 9 people.
As Justice Richard Goldstone said at the Press conference on 29 September 2009 in Geneva, when he published his Mission's report:
"Now is the time for action. A culture of impunity in the region has existed for too long. The lack of accountability for war crimes and possible crimes against humanity has reached a crisis point; the ongoing lack of justice is undermining any hope for a successful peace process and reinforcing an environment that fosters violence. Time and again, experience has taught us that overlooking justice only leads to increased conflict and violence."
