Dear Prime Minister Haniya:
We are writing you after the United Nations Human Rights Council's resolution last week endorsing the report of the UN Fact Finding Mission on the Gaza Conflict. We view the report prepared by Justice Richard Goldstone as a crucial forward step towards securing accountability for the civilian victims of the war on all sides. A key component of the report is its call on all parties to the conflict to conduct credible domestic investigations within six months.
We welcome the October 15 statement from your foreign ministry, which says the authorities will conduct investigations into the allegations against the armed wing of Hamas and other Palestinian armed groups. We therefore call on Hamas to conduct thorough, independent and impartial investigations into alleged violations of international humanitarian law by members of the Qassam Brigades and other armed groups in Gaza, and to prosecute in conformity with international fair trial standards those found responsible for rocket attacks that target Israeli population centers, as recommended by the Goldstone report.
Human Rights Watch recognizes that IDF military operations caused far greater total harm to civilian lives and property than operations by Palestinian armed groups during the December-January conflict. The conflict was characterized by great disparity in the military strength of the parties, and Human Rights Watch has documented serious violations of the laws of war by Israeli forces, including the unlawful use of white phosphorus, the killing of civilians with drone-fired missiles, and the killing of civilians waving white flags.
However, these violations and the high death toll in Gaza do not detract from the need to investigate serious violations of the laws of war by all sides. Nor can they justify violations by Hamas. Violations of the laws of war are not measured in the number of civilian casualties, but whether each side is taking all feasible precautions to minimize civilian loss. Using unsophisticated weapons does not justify failure to respect the laws of war; nor does an adversary's use of sophisticated weapons provide a pass to its opponents to ignore those laws. The unnecessary loss of civilian life can be minimized only if both parties recognize and respect their obligations to abide by the laws of war, however sophisticated or unsophisticated the weapons at their disposal.
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Sincerely,
Sarah Leah Whitson
Executive Director
Middle East and North Africa division
Letter to Prime Minister Haniya | Human Rights Watch