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Title: The Gaza Situation as a Test Bench for International Justice
Authors: Meloni, Chantal
Keywords: International Criminal LawInternational Humanitarian LawInternational Criminal CourtGazaGoldstone ReportWar Crimes
Issue Date: 2012
Publisher: EUT Edizioni Università di Trieste
Source: Chantal Meloni, "The Gaza Situation as a Test Bench for International Justice", in: "Sources of Law and Legal Protection", (Triestine Lecture; 1), EUT Edizioni Università di Trieste, 2012, pp. 163-176.
Series/Report no.: Triestine Lecture
Abstract: The Israeli military operation against the Gaza Strip of 27 December 2008 – 18 January 2009 (so-called Operation Cast Lead) started a critical debate at the international level on the alleged war crimes and crimes against humanity committed in Gaza. In September 2009 the UN Fact Finding Mission on the Gaza Conflict presented its results: the Goldstone Report, named after the president of the mission, found that grave violations of international law, humanitarian law and human rights had been committed by both sides of the conflict, but in particular by the Israeli side. The report also denounced the possible commission of war crimes and crimes against humanity and called for proper accountability mechanisms at the national and international level. The report’s conclusions and recommendations were endorsed by the UN Human Rights Council and by the General Assembly amidst high political pressure. In case of lack of proper domestic investigations and prosecutions, it was recommended the recourse to international justice mechanisms, and in particular to the ICC. The ICC Prosecutor in fact had opened a preliminary examination of the situation, but difficulties arose because of the uncertain status of Palestine under international law. In the meanwhile, the principle of universal jurisdiction seems to represent the only available, although difficult, option in the search for justice and accountability. The Gaza situation can be seen as a test case for international justice and sheds a light on the role of international institutions in the difficult mix of law and politics that is the feature of international justice.
ISBN: 978-88-8303-468-8
Appears in Collections:Sources of Law and Legal Protection

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