|
Seminar on the Goldstone Report
On Wednesday, 14/10/2009 the Egyptian Council for Foreign Affairs held a seminar on the Israeli attacks and violations of Gaza. It discussed the Goldstone Report and the position of the Arab States on it. The seminar was opened by Ambassador Abdel Raouf El Ridi who welcomed the participants and spoke briefly on the Goldstone Report. He pointed out that the seminar was held in view of the current events in Jerusalem and the numerous violations of the basic principles of international law in the Aqsa court. He noted that he was particularly impressed by the lawyer, "Goldstone" the Jew who wrote the report, and stressed that he was disappointed at the position of the Palestinian government, which asked to postpone its consideration of the report. He explained that the delay detracts from the momentum and the focused attention on it by world media. He expressed belief that the delay would reduce the report to a mere opinion at the International Court of Justice (ICC). Therefore it will not be used properly as it fades out of the limelight. The seminar was subsequently chaired and moderated by Ambassador Ihab Wahba.
The first speakers at the seminar, Ambassador Sayed Al-Masri, dealt with the Goldstone Report from the legal perspective. He pointed out that this report is fair to the Palestinians, and the recommendations it addresses to the General Assembly, the Security Council, the Government of Switzerland, and the Palestinian Authority are clear. He also highlighted the need to take Israel to the International Criminal Court. He added that there are two conditions for the International Criminal Court to carry out its activities and jurisdiction. The first condition is a crime committed on the territory of a party to the Rome Statute, which does not apply in the case of Israel. However, this hurdle is not insurmountable because the International Criminal Court can use its terms of reference if the victim State approves of the Court s intervention, which is what actually happened as the Gaza Strip informed the ICC of its consent to intervene and exercise jurisdiction on 29/1/2009.
The second condition is that the international judiciary should complement the domestic judiciary and that the ICC exercises its jurisdiction only after the exhaustion of national litigation, and if the domestic judiciary is unable or unwilling to exercise its powers. The Goldstone Report says that Israel s judiciary is unwilling to exercise its powers. Based on this, the Israeli government can be taken to the International Criminal Court for the application of strict sanctions against it.
Next to speak was Mr. Samir Ghattas, Director of the Jerusalem Center. He addressed three main areas:
First: The Goldstone Report: He talked about it quickly adding that it was attacked by Israel as unbalanced and denying it the right to self defense. It was also attacked by the Palestinian Hamas faction arguing that it is biased on the grounds that Goldstone is a Jew. It was also attacked by the United States which proposed several amendments to it that would change it entirely.
Second: Palestinian reconciliation: Speaking about the Egyptian paper for reconciliation between Fatah and Hamas, Mr Ghattas said he believes that both factions had signed out of appreciation of Egypt s role and efforts, but without reaching real reconciliation. He cited, as an example, the Mecca agreement which was signed in February 2007 and collapsed after three months.
Third: the current situation in Jerusalem: He expressed the view that Arabs exaggerate every incident in Jerusalem, no matter how large or small it may be. He stressed that these seasonal scarecrows must be reconsidered, because they do not solve the problem. He also emphasized the need to move towards hard work, adhere to negotiations, take action to halt the Israeli settlement projects in Palestine, and focus on risks related to judeazation and not only the desecration of the Aqsa. He also stressed the need to begin negotiations on the 1967 municipal boundaries of Jerusalem.
In conclusion, Mr. Samir Ghattas, stressed the need for holding a popular international tribunal in one of the European capitals, and involving civil society organizations, so as to push forward this report on the basis of the indictment, and to advocate stripping Israel of legitimacy, even if it were only at the level of public opinion.
After that Mr Hafez Abu Se’ada spoke of the role to be played by civil society organizations and States capitalizing on this report. He expressed belief that the request for delay was shocking to him and that it is totally unjustified. He said that the significance lies in referring it to national courts with international criminal jurisdiction. He also suggested setting up a body comprising the families of the victims of these attacks, who reached 1444 people, to demand their rights. He emphasized at the end that this report constitutes an important chip which Arab and international public opinion can use.
At the end of the seminar, Mr. Ahmed Yousif El-Quoraey said that the right approach to the issue has to be drafting a document to defend the Arab character of Jerusalem. He also stressed the need to rethink what the Arab states and the public can do, at least, to win the support of world public opinion, and to capitalize on Israel s fears of international conferences and mass movements.
The recommendations reached by the gentlemen can be summed up in the following:
1 – To move to bring the government of Israel to the International Criminal Court on the basis of the consent of the victim state to the ICC s jurisdiction, and the unwillingness of Israel s judiciary to exercise its functions.
2 – To abstain from panic and exaggeration, focus on important and serious matters and begin negotiations on Palestine.
3 – To hold an international tribunal in one of the European capitals with the participation of civil society organizations.
4 – To refer this report to a national court with international criminal jurisdiction for consideration.
5 – To set up a body comprising the families of the victims of the Israeli attacks to claim their rights.
6 – To draft a document to defend the Arab character of Jerusalem.
7 - To use public opinion and international media attention to attack Israel and work to strip it of legitimacy.
|
|
|
|
