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By Robert Raffaele
Washington
17 September 2009
Israel is rejecting a call in a UN report to open an independent inquiry1 into the country's conduct its offensive almost a year ago in the Gaza Strip. The Israeli government said it is launching a diplomatic offensive against the report in order to block any attempt to try the case before an international court. The report was issued by a panel appointed by the U.N. Human Rights Council.
Palestinian mourners pray over bodies of Hamas security forces during funeral at mosque2 in Rafah, southern Gaza Strip, 15 Aug 2009
Almost one year later, Israel's incursion into Gaza, targeting Hamas militants4 there, is still a contentious5 issue.
In a report, the UN-appointed panel accuses Israel and the militant3 group Hamas of war crimes and possibly, "crimes against humanity" during the December to January conflict.
Israel's foreign ministry6 expressed outrage7. It rejected the report's demand for an independent Israeli investigation8 into the war.
Israeli government spokesman Mark Regev says, "The Israel government made the right decision in not cooperating with this almost kangaroo court. They had decided9, in advance who was the guilty party, and we saw that in the way they acted."
An official of Hamas, which rules Gaza, said the report validates10 its condemnation11 of Israel's incursion into the Gaza Strip.
"The report affirmed, in some of its elements, the credibility of Hamas, in truths it reported on, regarding crimes committed by the Zionist enemy, true war crimes and their killings12 in the dozens of Palestinian families," Mushir Al-Masri said.
The report says Israel failed to take precautions required by international law to avoid or minimize civilian13 deaths.
It also says Hamas militants fired rockets into Israel with the intent of harming civilians14. But the bulk of the findings focus on Israel.
More than 1300 Palestinians died during the three-week incursion. Israel says most of them were militants, but the Palestinians dispute that.
Thirteen Israelis died.
The report says Hamas and Israel should both conduct independent investigations15.
Judge Richard Goldstone, 07 Jul 2009
South African jurist Richard Goldstone headed the panel. He says, "While we are critical of both Israel and the Gaza authorities for having done far too little in that regard, we came to the conclusion that these are cases where there may unwillingness16, but there is ability."
The report says the U.N. Security Council should refer the evidence to the International Criminal Court in the Hague if either side fails to comply.
The US government has said it has concerns about some of the recommendations. A spokesman would not elaborate.
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