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It blamed Israel for depriving Palestinians of a means of subsistence, employment, housing, water, free movement, the right to leave and return to their own country, and access to judicial redress constituting a "crime of persecution (and) against humanity...."
Israel also violated the principles of "distinction" between combatants and military targets v. civilians and non-military ones, and "proportionality" that prohibits disproportionate indiscriminate force likely to cause extensive damage and great loss of life.
The Commission found numerous incidents of Israeli forces launching "direct (disproportionate) attacks against civilians with lethal outcomes." These are war crimes because "no justifiable military objective" was pursued.
It cited "a justice crisis in the Occupied Palestinian Territory that warrants action." It said Israel conducted no "credible investigation into alleged violations," and recommended that the Security Council (SC) require it to do so and report back within six months. It further asked the SC to establish an expert independent body to oversee the investigations and prosecutions progress and refer the matter to the International Criminal Court (ICC) Prosecutor if Israel doesn't comply.
"The report concludes that the Israeli military operation was directed at the people of Gaza as a whole, in furtherance of an overall and continuing policy aimed at punishing the Gaza population, and in a deliberate policy of disproportionate force aimed at the civilian population. The destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a deliberate and systematic policy which has made the daily process of living, and dignified living, more difficult for the civilian population."
Richard Goldstone's September 17, 2009 New York Times Op-Ed
Goldstone said that, "above all," he accepted the UN mandate because of his deep belief "in the rule of law and the laws of war, and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm."
Yet Israel willfully killed hundreds of civilians as a result of "disproportionate attacks," including on hospitals and civilian structures. "Repeatedly, the Israel Defense Forces failed to adequately distinguish between combatants and civilians, as the laws of war strictly require....Pursuing justice in this case is essential because no state or armed group should be above the law." Failure to do so "will have a deeply corrosive effect on international justice, and reveal an unacceptable hypocrisy. As a service to hundreds of civilians who needlessly died and for the equal application of international justice, the perpetrators of serious violations must be held to account."
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