The U.N. General Assembly is likely to approve a resolution that urges Israel and the Palestinians to carry out independent investigations of alleged war crimes during their conflict in Gaza last winter within three months and calls for possible Security Council action if they do not.
The 192-nation world body has scheduled a meeting Wednesday to consider a resolution adopted by the Geneva-based Human Rights Council on Oct. 16 that endorsed a report on the Gaza war by an expert panel chaired by South African Judge Richard Goldstone.
Riyad Mansour, the Palestinian U.N. observer, called the draft resolution “balanced and very responsible” and said Tuesday it is supported by many countries.
He said the resolution will “absolutely” be approved, but he said negotiations are still under way and a vote is not expected until Thursday. Several European nations indicated they are still seeking changes.
“We’re listening to all comments, but the draft resolution as it stands, the thrust of it, is asking for investigation, and there is unanimity on that call,” Mansour told AP. “We’ll take it from there.”
The Palestinians and their supporters chose to go to the General Assembly because they face an uphill struggle in getting approval for a Gaza resolution in the Security Council. General Assembly resolutions are not legally binding — unlike Security Council resolutions — but they reflect the views of the broader U.N. membership.
The United States has repeatedly said the Goldstone report belongs in the Human Rights Council, and diplomats said Russia and China also do not want the Security Council dealing with human rights issues, which could bring a host of unwanted domestic issues before the U.N.’s most powerful body. All three countries as permanent members have veto power in the Security Council.
The draft General Assembly resolution would endorse the Human Rights Council resolution — a point of contention for a number of European countries because the Palestinians and their supporters refused to negotiate on the text, which targeted only Israel and included references to Jerusalem and the Mideast peace process.
The resolution was approved by a low vote of 25-6, with the United States and five European countries opposing it and 11 mostly European and African countries declining to vote, including Britain and France.
The Goldstone report concluded that Israel used disproportionate force, deliberately targeting civilians, using Palestinians as human shields, and destroying civilian infrastructure during its incursion into Gaza to root out Palestinian rocket squads.
It accused Palestinian armed groups of deliberately targeting civilians and trying to spread terror through its rocket attacks on southern Israel. Hamas, the Palestinian Authority’s main rival, controls Gaza and most armed groups in the territory.
The Goldstone panel accused both Israeli forces and Palestinian militants of war crimes and possible crimes against humanity.
It recommended that the Security Council require both sides to carry out credible investigations within three months into alleged abuses during the conflict — in which 13 Israelis and almost 1,400 Palestinians, including hundreds of civilians, were killed — and to follow that up with action in their courts.
If either side refuses, the investigators recommended that the Security Council refer the evidence for prosecution by the International Criminal Court, the world’s first permanent war crimes tribunal, within six months.
The current version of the draft resolution to be considered by the General Assembly calls for Israel and “the Palestinian side” to undertake “independent, credible” investigations into the alleged violations of international human rights and humanitarian law raised in the Goldstone report within three months.
The draft also asks Secretary-General Ban Ki-moon to report to the General Assembly, within three months, on implementation of the resolution “with a view to considering further action, if necessary, by the relevant United Nations organs and bodies, including by the Security Council.”
The reference to possible council action is unacceptable to some European countries, diplomats said, speaking on condition of anonymity because negotiations are still under way.
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