United Nations Radio

Pillay: The vicious cycle of provocation and retribution must be brought to an end.

destruction in Gaza

UN Human Rights chief Navanethem Pillay spoke out against the Israeli attack on Gaza that has now lasted for two weeks and was started in response to rockets fired by Hamas on Israel. Ms. Pillay, addressing a special session of the UN Human Rights Council in Geneva called for an immediate end to the fighting, which has killed 760 civilians, a third of them, children.

Pillay: The situation is intolerable. The ceasefire called for by the UN Security Council must be implemented immediately.

PRES: The High Commissioner reminded the Council that human rights must be upheld even in times of war.

Pillay: In particular, the right to life should be protected even in the course of hostilities. Belligerents must also abide by international humanitarian law, which upholds the inviolability of non-combatants.

PRES: Israel's representative to the UN in Geneva, Aharon Leshno-Yaar argued that Israel has done its best to protect civilians, but that Hamas was hiding among the population and using it as human shields.

Leshno-Yaar: For Hamas, a "civilian" is nothing more than a sophisticated and efficient method of warfare and defense. Hamas has chosen military build-up over the welfare of the Palestinian people, while masquerading as a legitimate government. ... Its endeavors are aided by partners Iran, Syria and the Hezbollah, who supply Hamas with a vast arsenal of weaponry.

PRES: Acknowledging the illegality of Hamas's actions, Ms. Pillay, however, noted that this does not absolve Israel of the responsibility to avoid harming civilians.

Pillay: States' obligations, particularly those related to the protection of civilian life and civilian objects are not subject to reciprocity.

PRES: Furthermore, she noted that the 18-month blockade of Gaza was already a violation of Israel's responsibility for the welfare of the civilian population there and constitutes a form of collective punishment. This was echoed by Richard Falk, the UN Special Rapporteur on the Situation of Human Rights in the Occupied Palestinian Territories, in an interview with UN Radio.

Falk: Israel, of course, claims not to be an occupying power, because of the 2005 disengagement, but that claim has very little legal and no moral force, given their total control over the borders, airspace and sea front.

PRES: Mr. Falk, who attempted to visit Gaza in December was detained and deported by the Israeli authorities. He disputes Israel's claim that the attack of December 27th was in retaliation for Hamas's firing of rockets. Instead, he points out that the ceasefire, which had held since June was first broken by Israel on November 4th, by killing 6 Palestinians. He also says Israel has not accepted Hamas's repeated offers to extend the ceasefire. Israel's ambassador Leshno-Yaar, however, urged the Council not to believe that Hamas would accept any peaceful solution, quoting from the Hamas Covenant from 1988:

Leshno-Yaar: "There is no solution for the Palestinian question, except through Jihad. Initiatives, proposals and international conferences are all a waste of time and vain endeavors." End of quote.

PRES: The High Commissioner emphasized, though, that human rights must be upheld irrespective of whether the parties reach a political settlement of their dispute.

Pillay: I remind this Council that violations of international humanitarian law may constitute war crimes for which individual criminal responsibility may be invoked.

PRES: Navanethem Pillay, the UN High Commissioner for Human Rights, speaking in Geneva.

Producer/Presenter:  Bissera Kostova

(duration: 4'01")