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measures with a view to expel the Palestinians from their homeland and to have full
control over Palestine4.
ICHR highlights that the PNA is still under occupation and has not accomplished its
national goal of independence and statehood, meaning the Palestinians are still
deprived of their right to self‐determination according to international covenants. In
addition, Israel is still liable, according to International Humanitarian Law and the
Geneva Conventions, particularly the Fourth Geneva Convention relating to
protection of civilians in times of war. It also, according to the provisions of
International Humanitarian Law, applies to occupied territories (such as the West
Bank, Gaza Strip and Jerusalem) making Israel further liable as an occupying power.
Report of Judge Goldstone’s UN Fact Finding Mission
During 2010, the Goldstone report on the crimes committed by Israel during its
aggression on Gaza in 2009 was followed up. The United Nations Human Rights
Council (UNHRC) discussed the report and demanded both the Israelis and the
Palestinians to meet a set of recommendations, among which was the formation of
two independent investigation committees to follow up the recommendations.
Israel has refused the demand and set up an internal committee which exonerated
the occupation army from any serious violations during the war on Gaza in hope of
aborting the UN’s report, which starkly criticized Israel’s conduct during the war.
The Israeli Defense Minister affirmed that “Israel authorized the army to carry out
the mission, and so it is worth all support”. He added that “Israel wills to struggle
against the legitimacy of the Goldstone Report and works to amend the laws of war
to fit into war cases against “terrorists” who carry out their activities amidst
civilians”5. Complying with the UNHRC recommendation, the PNA has set up an
Independent Investigation Committee6, as did the Government in Gaza. The
4
Palestinian citizens were expelled during April pursuant to these two orders: Fadi Eiadeh al‐Azazmeh, 19
years old, holding a Gaza identity card was expelled from the West Bank on April 27. He had been living in
Hebron together with his family for 15 years, and was transferred to Gaza after being arrested in Hebron’s
market place. The occupation authorities also expelled Ahamd Saed Muhammad Sabah, 38, from the
village of Zinaba in the vicinity of Tulkarem (West Bank) to Gaza. They detained him on November 1, 2001
and sentenced him to (9) years in prison. On April 21, 2010, he was released at Bet Hanun crossing “Erez”
although his family was waiting for him in vain at Dahryeh checkpoint in the West Bank.
5
For additional official Israeli statements, see
http://www.alwasatnews.com/2608/news/read/325794/1.html
6
On January 29, 2010, the PNA submitted to the UNa primary report on the mechanisms it will adopt to
investigate the war crimes assumedly committed during the war on Gaza in 2009. PM Salam Fayyad sent a
letter to the UN’s General Secretariat and included a presidential decree establishing a commission of five