[Congressional Record Volume 155, Number 167 (Monday, November 9, 2009)]
[Extensions of Remarks]
[Pages E2751-E2752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  OPPOSING ANY ENDORSEMENT OR FURTHER CONSIDERATION OF REPORT OF THE 
        UNITED NATIONS FACT FINDING MISSION ON THE GAZA CONFLICT

                                 ______
                                 

                               speech of

                           HON. KEITH ELLISON

                              of minnesota

                    in the house of representatives

                       Tuesday, November 3, 2009

  Mr. ELLISON. Madam Speaker, I am submitting the following summary of 
the Goldstone Report as part of the debate on H. Res. 867.

 Excerpt From United Nations Fact Finding Mission on the Gaza Conflict 
                         (The Goldstone Report)


                             B. Methodology

       11. To implement its mandate, the Mission determined that 
     it was required to consider any actions by all parties that 
     might have constituted violations of international human 
     rights law or international humanitarian law. The mandate 
     also required it to review related actions in the entire 
     Occupied Palestinian Territory and Israel.
       12. With regard to temporal scope, the Mission decided to 
     focus primarily on events, actions or circumstances occurring 
     since 19 June 2008, when a ceasefire was agreed between the 
     Government of Israel and Hamas. The Mission has also taken 
     into consideration matters occurring after the end of 
     military operations that constitute continuing human rights 
     and international humanitarian law violations related to or 
     as a consequence of the military operations, up to 31 July 
     2009.
       13. The Mission also analysed the historical context of the 
     events that led to the military operations in Gaza between 
     during the period from 27 December 2008 and 18 January 2009 
     and the links between these operations and overarching 
     Israeli policies vis-a-vis the Occupied Palestinian 
     Territory.
       14. The Mission considered that the reference in its 
     mandate to violations committed ``in the context'' of the 
     December--January military operations required it to include 
     restrictions on human rights and fundamental freedoms 
     relating to Israel's strategies and actions in the context of 
     its military operations.
       15. The normative framework for the Mission has been 
     general international law, the Charter of the United Nations, 
     international humanitarian law, international human rights 
     law and international criminal law.
       16. This report does not purport to be exhaustive in 
     documenting the very high number of relevant incidents that 
     occurred in the period covered by the Mission's mandate. 
     Nevertheless, the Mission considers that the report is 
     illustrative of the main patterns of violations. In Gaza, the 
     Mission investigated 36 incidents.
       17. The Mission based its work on an independent and 
     impartial analysis of compliance by the parties with their 
     obligations under international human rights and humanitarian 
     law in the context of the recent conflict in Gaza, and on 
     international investigative standards developed by the United 
     Nations.
       18. The Mission adopted an inclusive approach in gathering 
     information and seeking views. Information-gathering methods 
     included: (a) the review of reports from different sources; 
     (b) interviews with victims, witnesses and other persons 
     having relevant information); (c) site visits to specific 
     locations in Gaza where incidents had occurred; (d) the 
     analysis of video and photographic images, including 
     satellite imagery; (e) the review of medical reports about 
     injuries to victims; (f) the forensic analysis of weapons and 
     ammunition remnants collected at incident sites; (g) meetings 
     with a variety of interlocutors; (h) invitations to provide 
     information relating to the Mission's investigation 
     requirements; (i) the wide circulation of a public call for 
     written submissions; (j) public hearings in Gaza and in 
     Geneva.
       19. The Mission conducted 188 individual interviews. It 
     reviewed more than 300 reports, submissions and other 
     documentation either researched of its own motion, received 
     in reply to its call for submissions and notes verbales or 
     provided during meetings or otherwise, amounting to more than 
     10,000 pages, over 30 videos and 1,200 photographs.
       20. By refusing to cooperate with the Mission, the 
     Government of Israel prevented it from meeting Israeli 
     government officials, but also from travelling to Israel to 
     meet with Israeli victims and to the West Bank to meet with 
     Palestinian Authority representatives and Palestinian 
     victims.
       21. The Mission conducted field visits, including 
     investigations of incident sites, in the Gaza Strip. This 
     allowed the Mission to observe first-hand the situation on 
     the ground, and speak to many witnesses and other relevant 
     persons.
       22. The purpose of the public hearings, which were 
     broadcast live, was to enable victims, witnesses and experts 
     from all sides to the conflict to speak directly to as many 
     people as possible in the region as well as in the 
     international community. The Mission gave priority to the 
     participation of victims and people from the affected 
     communities. The 38 public testimonies covered facts as well 
     as legal and military matters. The Mission had initially 
     intended to hold hearings in Gaza, Israel and the West Bank. 
     However, denial of access to Israel and the West Bank 
     resulted in the decision to hold hearings of participants 
     from Israel and the West Bank in Geneva.
       23. In establishing its findings, the Mission sought to 
     rely primarily and whenever possible on information it 
     gathered first-hand. Information produced by others, 
     including reports, affidavits and media reports, was used 
     primarily as corroboration.
       24. The Mission's final conclusions on the reliability of 
     the information received were made taking into consideration 
     the Mission's assessment of the credibility and reliability 
     of the witnesses it met, verifying sources and methodology 
     used in reports and documents produced by others, cross-
     referencing the relevant material and information, and 
     assessing whether, in all the circumstances, there was 
     sufficient information of a credible and reliable nature for 
     the Mission to make a finding in fact.
       25. On this basis, the Mission has, to the best of its 
     ability, determined what facts have been established. In many 
     cases it has found that acts entailing individual criminal 
     responsibility have been committed. In all of these cases the 
     Mission has found that there is sufficient information to 
     establish the objective elements of the crimes in question. 
     In almost all of the cases the Mission has also been able to 
     determine whether or not it appears that the acts in question 
     were done deliberately or recklessly or in the knowledge that 
     the consequence that resulted would result in the ordinary 
     course of events. The Mission has thus referred in many cases 
     to the relevant fault element (mens rea). The Mission fully 
     appreciates the importance of the presumption of innocence: 
     the findings in the report do not subvert the operation of 
     that principle. The findings do not attempt to identify the 
     individuals responsible for the commission of offences nor do 
     they pretend to reach the standard of proof applicable in 
     criminal trials.
       26. In order to provide the parties concerned with an 
     opportunity to submit additional relevant information and 
     express their position and respond to allegations, the 
     Mission also submitted comprehensive lists of questions to 
     the Government of Israel, the Palestinian Authority and the 
     Gaza authorities in advance of completing its analysis and 
     findings. The Mission received replies from the Palestinian 
     Authority and the Gaza authorities but not from Israel


                            Recommendations

     1769. To Israel
       The Mission recommends that Israel immediately cease the 
     border closures and restrictions of passage through border 
     crossings with the Gaza Strip and allow passage of goods 
     necessary and sufficient to meet the needs of the population, 
     for the recovery and reconstruction of housing and essential 
     services and for the resumption of meaningful economic 
     activity in the Gaza Strip.
       The Mission recommends that Israel cease the restrictions 
     on access to the sea for fishing purposes imposed on the Gaza 
     Strip and allow such fishing activities within the 20 
     nautical miles as provided for in the Oslo accords. It 
     further recommends that Israel allow the resumption of 
     agricultural activity within the Gaza Strip, including within 
     areas in the vicinity of the borders with Israel.
       Israel should initiate a review of the rules of engagement, 
     standard operating procedures, open fire regulations and 
     other guidance for military and security personnel. The 
     Mission recommends that Israel avail itself of the expertise 
     of the ICRC, the United Nations Office of the High 
     Commissioner for Human Rights and other relevant bodies, and 
     Israeli experts, civil society organizations with the 
     relevant expertise and specialization, in order to ensure 
     compliance in this respect with international humanitarian 
     law and international human rights law. In particular such 
     rules of engagement should ensure that the principles of 
     proportionality, distinction, precaution and non-
     discrimination are effectively integrated in all such 
     guidance and in any oral briefings provided to officers, 
     soldiers and security forces, so as to avoid the recurrence 
     of Palestinian civilian deaths, destruction and affronts on 
     human dignity in violation of international law.
       The Mission recommends that Israel allow freedom of 
     movement for Palestinians within the OPT--within the West 
     Bank including East Jerusalem, between the Gaza Strip and

[[Page E2752]]

     the West Bank and between the OPT and the outside world--in 
     accordance with international human rights standards and 
     international commitments entered into by Israel and the 
     representatives of the Palestinian people. The Mission 
     further recommends that Israel forthwith lifts travel bans 
     currently placed on Palestinians by reason of their human 
     rights or political activities.
       The Mission recommends that Israel release Palestinians who 
     are detained in Israeli prisons in connection with the 
     occupation. The release of children should be an utmost 
     priority. The Mission further recommends that Israel cease 
     the discriminatory treatment of Palestinian detainees. Family 
     visits for prisoners from Gaza should resume.
       Israel should forthwith cease interference with national 
     political processes in the OPT, and as a first step release 
     all members of the Palestinian Legislative Council currently 
     in detention and allow all members of the PLC to move between 
     Gaza and the West Bank so that the Council may resume 
     functioning.
       The Government of Israel should cease actions aimed at 
     limiting the expression of criticism by civil society and 
     members of the public concerning Israel's policies and 
     conduct during the military operations in the Gaza Strip. The 
     Mission also recommends that Israel set up an independent 
     inquiry to assess whether the treatment by Israeli judicial 
     authorities of Palestinian and Jewish Israelis expressing 
     dissent in connection with the offensive was discriminatory, 
     both in terms of charges and detention pending trial. The 
     results of the inquiry should be made public and, subject to 
     the findings, appropriate remedial action should be taken.
       The Government of Israel should refrain from any action of 
     reprisal against Palestinian and Israeli individuals and 
     organizations that have cooperated with the UN Fact Finding 
     Mission on the Gaza Conflict, in particular individuals who 
     have appeared at the Public Hearings held by the Mission in 
     Gaza and Geneva and expressed criticism of actions by the 
     State of Israel.
       The Mission recommends that Israel reiterates its 
     commitment to respect the inviolability of UN premises and 
     personnel and that it undertakes all appropriate measures to 
     ensure that there is no repetition of violations in the 
     future (ref Convention on Privileges and Immunities of the 
     UN). It further recommends that reparation to the United 
     Nations be provided fully and without further delay by the 
     State of Israel, and that the General Assembly consider this 
     matter.
     I770. To Palestinian armed groups
       The Mission recommends that Palestinian armed groups 
     undertake forthwith to respect international humanitarian 
     law, in particular by renouncing attacks on Israeli civilians 
     and civilian objects, and take all feasible precautionary 
     measures to avoid harm to Palestinian civilians during 
     hostilities.
       The Mission recommends that Palestinian armed groups who 
     hold Israeli soldier Gilad Shalit in detention release him on 
     humanitarian grounds. Pending such release they should 
     recognize his status as prisoner of war, treat him as such, 
     and allow him ICRC visits.
     1771. To responsible Palestinian authorities
       The Mission recommends that the Palestinian Authority issue 
     clear instructions to security forces under its command to 
     abide by human rights norms as enshrined in the Palestinian 
     Basic Law and international instruments; ensure prompt and 
     independent investigation of all allegations of serious human 
     rights violations by security forces under its control; and 
     end resort to military justice to deal with cases involving 
     civilians.
       The Mission recommends that the Palestinian Authority and 
     the Gaza authorities release without delay all political 
     detainees currently in their power and refrain from further 
     arrests on political grounds and in violation of 
     international human rights law.
       The Mission recommends that the Palestinian Authority and 
     the Gaza authorities continue to enable the free and 
     independent operation of Palestinian non-governmental 
     organizations, including human rights organizations, and of 
     the Independent Commission on Human Rights.

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