UN: Israel Raid Broke Law

Palestinians looking at a floating memorial sign during a protest against Israeli naval commando raid on flotilla attempting to break blockade on Gaza, at port in Gaza City/ UN probe of Gaza raid found Israeli soldiers committed 'willful killing.'

United Nations Human Rights Council investigation concluded that the Israeli military broke international laws during a raid on a Turkish ship that was part of an aid flotilla trying to deliver humanitarian supplies to Gaza.

The council’s report, announced Wednesday, was met positively by Turkey but dismissed by Israel as “biased." The report is separate from a UN flotilla inquiry backed by Secretary-General Ban Ki-Moon, which includes both an Israeli and a Turkish representative and is seen as carrying more weight than the UNHRC's investigation – but has not yet concluded its work.

In a 56-page report, the UNHCR's three-member panel wrote that Israeli commandos had committed war crimes during their May 31 raid of the aid ship the MV Mavi Marmara that left nine pro-Palestinian activists dead. Although Israel contends that its soldiers acted in self-defense, the council found that their response was “disproportionate” and that soldiers exercised an “unacceptable level of brutality.”

It described the Israeli raid on May 31, in which eight Turkish activists and one Turkish-American aboard the Mavi Marmara were shot and killed, as “clearly unlawful.” Israel says its troops opened fire after coming under attack by activists wielding clubs, axes and metal rods.

The 56-page document charges Israel with a series of crimes committed by Israeli militant forces during and after the raid, saying “There is clear evidence to support prosecutions of the following crimes within the terms of article 147 of the Fourth Geneva Convention: willful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health,” say the authors of the reports.

Imagine - Willful killing (murder) and torture, also Israel Israel violated the right to life, liberty, freedom of expression and the right of captured crew and passengers to be treated with humanity.
Eidtor: My Question - How would the case be if this had been "Muslims" doing this raid?

The activists said they were defending their ship after it was attacked by Israeli soldiers in international waters.

The Israeli Foreign Ministry responded late Wednesday by saying, "The Human Rights Council had a “biased, politicized and extremist approach.”

The Palestinian group Hamas, meanwhile, praised the report and aksed for those involved in the raid to be punished.

“A series of violations of international law, including international humanitarian and human rights law, were committed by the Israeli forces during the interception of the flotilla and during the detention of passengers in Israel prior to deportation,” the experts found.

Examining the circumstances of the raid, the panel concluded that a humanitarian crisis existed in Gaza on the day of the incident in Gaza and “for this reason alone the blockade is unlawful and cannot be sustained in law.” “The conduct of the Israeli military and other personnel toward the flotilla passengers was not only disproportionate to the occasion but demonstrated levels of totally unnecessary and incredible violence. It betrayed an unacceptable level of brutality,” the report said.

The raid sparked an international outcry and forced Israel to ease its blockade of Hamas-ruled Gaza. Israel, along with Egypt, imposed the embargo in June 2007 after Hamas militants took control of the area.

Since then, Israel has lifted virtually all restrictions on food, medicine and consumer goods, but still maintains its naval blockade, saying that Hamas could sneak weapons into Gaza.

Israel indicated early on that it wouldn't cooperate with the panel and roundly rejected its conclusions on Wednesday. “The Human Rights Council blamed Israel prior to the investigation and it is no surprise that they condemn after,” said Andy David, a spokesman for the Israeli Foreign Ministry, referring to the 47-member body's resolution in early June condemning the raid.

Israel has instead been working with a separate UN group under New Zealand's former Prime Minister Geoffrey Palmer and Colombia's former President Alvaro Uribe that is also examining the incident but has yet to publish its findings.

“Israel is a democratic and law abiding country that carefully observes international law and, when need be, knows how to investigate itself,” the Foreign Ministry said in a statement posted on its website. “That is how Israel has always acted, and that is the way in which investigations were conducted following Operation Cast Lead, launched to protect the inhabitants of southern Israel from rockets and terror attacks carried out by Hamas from Gaza.” Fawzi Barhoum, a spokesman for Hamas - the Islamic militant group that controls Gaza - said the report emphasized that Israel's occupation of Palestinian territories violates human rights “not only against Palestinian people but against innocent people who came to show their sympathy.” “Now it's required to be a mechanism in order to translate this report into action and to bring the occupation commanders to trial for the crimes they committed,” Barhoum said.

The Human Rights Council's report was compiled by former UN war crimes prosecutor Desmond de Silva, Trinidadian judge Karl T. Hudson-Phillips and Malaysian women's rights advocate Mary Shanthi Dairiam. It is scheduled to be debated in the council on Monday.

The body, which is dominated by African, Asian and Latin American countries, has in the past repeatedly singled out Israel for criticism. Its resolutions carry little weight in law but are considered an important indicator of global opinion on human rights issues.

By ASSOCIATED PRESS Published: Sep 23, 2010 00:16 Updated: Sep 23, 2010 00:20