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Gaza: Peace demands justice, accountability and dignity says UN expert
The halt of the military assault against Palestinians in Gaza and the release of all living Israeli hostages and several detained Palestinians offer a glimmer of hope amid devastation and suffering, but the imperative is to anchor the peace process in principles of justice, inclusivity and accountability, premised upon the realisation of the right to self-determination of the Palestinian people, a UN expert* said today.
“Peace is a path to engage on. It cannot be imposed. It must rather be based on a clear commitment to justice and be built on the recognition of the dignity of all involved, through inclusive dialogue with the full participation of Palestinians,” said Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Duhaime said that the beginning of the Gaza Peace Summit on 13 October raised hopes that lasting peace and justice in Gaza, and the region as a whole, may prevail.
“For the Peace Summit to pave the way for a comprehensive plan for a lasting peace in the Levant, there needs to be a strong long-term transitional justice process, which must include truth-telling about the violations endured and the root causes of the conflict, criminal accountability, reparations, memorialisation and robust guarantees of non-repetition.”
“Without a clear transitional justice roadmap, the plan risks becoming a superficial arrangement that fails to address the deep wounds inflicted on generations of victims and raises further risks for the region,” Duhaime said.
“The current ceasefire proposal lacks clarity on the mechanisms, timelines, and institutional arrangements necessary to undertake a meaningful transitional justice process,” the expert said. “There is no clear articulation of how truth will be established, how victims will access full reparation, or how perpetrators will be held accountable. This vagueness raises serious concerns about the proposal’s ability to deliver justice and reconciliation.”
“The efforts led by Palestinian and Israeli organisations, by journalists and other civil society actors to document and investigate gross human rights violations have been and continue to be critical to ensure truth, justice and accountability,” Duhaime said.
In the context where many of these actors have been the object of attacks and repression, the Special Rapporteur highlighted the need to ensure their protection and provide them with solid legal and institutional support and called on members of the international community to consider supporting the urgent establishment of a safe haven to preserve this vital documentation.
Duhaime warned that the absence of provisions ensuring accountability for gross violations of international law and serious violations of international humanitarian law may derail the peace plan. “Crimes such as war crimes, crimes against humanity and genocide must not be shielded by amnesties, statutes of limitation or other measures that similarly limit criminal responsibility. This fundamental principle of international law is essential to prevent impunity and applies equally to all perpetrators,” they said.
“The governance of Gaza cannot be treated in isolation from also occupied West Bank including East Jerusalem. Any peace accord must ensure the full implementation of relevant decisions of the International Court of Justice, which has reaffirmed Israel’s immediate obligation to end its illegal occupation,” he said.
“Any international presence must be strictly neutral and mandated to protect both Palestinians and Israelis, from any threats or attacks, by State and non-State actors. Occupation and oppression must end now,” the expert said.
“A durable resolution to such a conflict demands a bold commitment to justice. Only then can a future rooted in peace, dignity, respect and mutual security be finally built,” he said.
The Special Rapporteur stands ready to provide Palestine, Israel and other stakeholders any technical assistance on transitional justice processes that they may require.
*The expert: Bernard Duhaime is the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Endorsed by: Francesca Albanese, Special Rapporteur on the human rights situation in the Palestinian territories occupied since 1967.
Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.
Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/.
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Hanania was named "Best Ethnic American Columnist" by the New America Media in November 2007, and is the 2009 recipient of the SPJ National Sigma Delta Chi Award for column writing.
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