«A culture of impunity in the region has existed for too long»

Esattamente il 21 settembre in un interessante articolo sul quotidiano israeliano Haaretz, Jonathan Freedland si chiede coraggiosamente se «Isn't it possible to acknowledge someone's pain without promising to turn back the clock and undo the events that led to it? Surely we know from our personal lives that sometimes it is simply the acknowledgment itself - the admission of responsibility - that has a healing effect.» Ci si riferisce ai tragici avvenimenti nel 1948/49 dove Israele è stato fondato accanto alla guerra che ha prodotto più di 700.000 rifugiati arabi palestinesi. Sono convinto che un sincero riconoscimento della responsabilità, più o meno direttamente, da parte di Israele delle sofferenze patite dalla popolazione araba in quegli anni sarà un pre-requisito fondamentale di una futura pace tra i due popoli. Il 1948, non lo dimentichiamo, rimane alla radice del conflitto arabo-israeliano.

Prendo spunto da questo tema per collegarmi alla dichiarazione di Richard Goldstone davanti al Consiglio dei diritti umani, durante il dibattito sul rapporto di Gaza da lui stesso diretto:

«It has been my experience in many regions of the world, including my own country, South Africa, that peace and reconciliation depend, to a great extent, upon public acknowledgement of what victims suffer. That applies no less in the Middle East. It is a pre-requisite to the beginning of the healing and meaningful peace process. ...The truth and accountability are also essential to prevent ascribing collective guilt to a people. ... People of the region should not be demonized. Rather their common humanity should be emphasized.» E' un principio centrale che deve essere ben tenuto a mente.

Il rapporto Gaza è stato oggetto di critiche al vetriolo da parte del governo israleliano e dei suoi sostenitori ma Goldstone ha ribadito la sostanza delle sue indagini e conclusioni. Eccone altri stralci:

«Since the release of the advance version of the report two weeks ago, we have witnessed many attestations of support, but also a barrage of criticism towards our findings as well as public attacks against the Members of the Mission. We will not address these attacks as we believe that the answers to those who have criticised us are in the findings of the report. I have, however, to strongly reject one major accusation levelled against the Mission; the one that portrays our efforts as being politically motivated. Let me repeat before this Council what I have already stated on many occasions: We accepted this Mission because 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. We accepted with the conviction that pursuing justice is essential and that no state or armed group should be above the law. Failing to pursue justice for serious violations during any conflict will have a deeply corrosive effect on international justice. ...

The Mission investigated in some detail the effects on the civilian population in Southern Israel of the sustained rocket and mortar attacks from Palestinian armed groups in Gaza. We detail the suffering of victims and the highly prejudicial effects of these acts on the towns and cities that fall within the range of the rockets and mortars. The Mission decided that in order to understand the effect of the Israeli military operations on the infrastructure and economy of Gaza, and especially its food supplies, it was necessary to have regard to the effects of the blockade that Israel has imposed on the Gaza Strip for some years and has been tightened since Hamas became the controlling authority of Gaza. The Mission found that the attack on the only remaining flour producing factory, the destruction of a large part of the Gaza egg production, the bulldozing of huge tracts of agricultural land, and the bombing of some two hundred industrial facilities, could not on any basis be justified on military grounds. Those attacks had nothing whatever to do with the firing of rockets and mortars at Israel. The Mission looked closely and sets out in the Report statements made by Israeli political and military leaders in which they stated in clear terms that they would hit at the “Hamas infrastructure”. If “infrastructure” were to be understood in that way and become a justifiable military objective, it would completely subvert the whole purpose of IHL built up over the last 100 years and more. It would make civilians and civilian buildings justifiable targets. These attacks amounted to reprisals and collective punishment and constitute war crimes. The Government of Israel has a duty to protect its citizens. That in no way justifies a policy of collective punishment of a people under effective occupation, destroying their means to live a dignified life and the trauma caused by the kind of military intervention the Israeli Government called Operation Cast Lead. This contributes to a situation where young people grow up in a culture of hatred and violence, with little hope for change in the future. ...

The Mission is highly critical of the pusillanimous efforts by Israel to investigate alleged violations of international law and the complete failure by the Gaza authorities to do so in respect of the armed groups. That notwithstanding the Mission came to the conclusion that both Israel and the Gaza Authorities have the ability to conduct open and transparent investigations and launch appropriate prosecutions if they decide to do so. ...

In both cases, if within the six month period there are no good faith investigations conforming to international standards, the Security Council should refer the situation or situations to the ICC Prosecutor. ...

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».

Proprio nelle ultime pagine il Rapporto affrontava il problema e la necessità di giudicare i responsabili da ambo le parti:

"The Mission is firmly convinced that justice and respect for the rule of law are the indispensable basis for peace. The prolonged situation of impunity has created a justice crisis in the OPT that warrants action. ...

The Mission notes that the responsibility to investigate violations of international human rights and humanitarian law, prosecute if appropriate and try perpetrators belongs in the first place to domestic authorities and institutions. This is a legal obligation incumbent on States and state-like entities. However, where domestic authorities are unable or unwilling to comply withthis obligation, international justice mechanisms must be activated to prevent impunity.

The Mission believes that, in the circumstances, there is little potential for accountability for serious violations of international humanitarian and human rights law through domestic institutions in Israel and even less in Gaza. The Mission is of the view that longstanding impunity has been a key factor in the perpetuation of violence in the region and in the reoccurrence of violations, as well as in the erosion of confidence among Palestinians and many Israelis concerning prospects for justice and a peaceful solution to the conflict. The Mission considers that several of the violations referred to in this report amount to grave breaches of the Fourth Geneva Convention.

It notes that there is a duty imposed by the Geneva Conventions on all High Contracting Parties to search for and bring before their courts those responsible for the alleged violations. The Mission considers that the serious violations of International Humanitarian Law recounted in this report fall within the subject-matter jurisdiction of the International Criminal Court (ICC). The Mission notes that the United Nations Security Council has long recognized the impact of the situation in the Middle East, including the Palestinian question, on international peace and security and that it regularly considers and reviews this situation. The Mission is persuaded that, in the light of the long standing nature of the conflict, the frequent and consistent allegations of violations of international humanitarian law against all parties, the apparent increase in intensity of such violations in the recent military operations, and the regrettable possibility of a return to further violence, meaningful and practical steps to end impunity for such violations would offer an effective way to deter such violations recurring in the future. The Mission is of the view that the prosecution of persons responsible for serious violations of international humanitarian law would contribute to ending such violations, to the protection of civilians and to the restoration and maintenance of peace."