PCHR Welcomes Turkey’s Indictment of Israeli Officers

PCHR Welcomes Turkey’s Indictment of Israeli Officers for Mavi Marmara Killings
 
The Palestinian Centre for Human Rights (PCHR) welcomes the indictment on Monday, 28 May 2012, of four senior Israeli military commanders, who have been charged in a Turkish court in connection with the killing of nine Turkish citizens in 2010.
 
Last Thursday, 31 May 2012, marked the second anniversary of the Israeli attack on the Mavi Marmara, one of the ships of the Freedom Flotilla. The attack occurred while the ship was in international waters and travelling towards the Gaza Strip, carrying humanitarian aid for Gaza’s civilian population.
 
Indicted are the former Israeli military chief of staff, Lieutenant General Gabi Ashkenazi, the former head of military intelligence, Major General Amos Yadlin, head of the navy, Vice Admiral Eliezer Marom, and head of the air force, Brigadier General Avishai Lev. It has been reported that warrants have been issued for their arrest.
 
PCHR holds that the attack against Mavi Marmara was a crime, which involved the use of excessive and lethal force and resulted in the killing of nine civilian solidarity activists and the wounding of at least 50 others. Israel carried out an inquiry into the attack, which failed to meet the requirements of international law. Israel has not prosecuted anyone involved in the raid.
 
These crimes must be fully investigated and those responsible held to account. For example, under Article 146 of the Fourth Geneva Convention, each High Contracting Party is “under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts.” It may also, if it prefers, choose to hand such persons over for trial to another High Contracting Party.
 
PCHR welcomes the indictments by Turkey as the fulfilment of its legal obligations and an important step in the tackling of impunity. The Report of the UN Fact-Finding Mission on the Gaza Conflict found that “long-standing 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”. PCHR believes that Israel must be held accountable for the killing and wounding of human rights activists in May 2010. It is imperative that the rule of international law be upheld.
 
PCHR holds that the closure imposed by Israel on the Gaza Strip is illegal and constitutes a form of collective punishment, prohibited under Article 33 of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. It is also a war crime, the recurrence of which must be prevented by all parties, including the High Contracting Parties to the Fourth Geneva Convention. This view is maintained in legal opinions issued by many international legal experts and UN bodies concerned with human right and international humanitarian law.
 
In this context, PCHR calls upon:
 
1. Turkey to conduct the impending trial in accordance with the rule of law and international fair trial standards, to establish whether the accused hold responsibility for the illegal attack on Mavi Marmara;
 
2. Israel to bring an end to the illegal closure of the Gaza Strip, which constitutes a form of collective punishment, prohibited under Article 33 of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War;
 
3. Israel to respect the right to freedom of movement of international humanitarian organisations and human rights defenders; and
 
4. The international community and the High Contacting Parties to the Fourth Geneva Convention to fulfil their legal and moral obligations, apply the rules of international law, and put a just end to the suffering of the Palestinian people.

ENDS

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