No : 493/SK-KontraS/VII/2014
Subject : Calling For the United Nations To Take Actions AgainstIsrael’s Aggression
Mr. Ban Ki Moon
Secretary General of the United Nations
1st ave. and 46th street
New York, NY 10017 USA
Tel: 1 (212) 963 1234
Fax: 1 (212) 963 4879
United Nations Security Council
Security Council Subsidiary Organs Branch
Room DC2 0853B
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
United Nations Human Rights Council
Human Rights Council Branch
Fax: +41 22 917 9011
The Commission for The Disappeared and Victims of Violence (KontraS)- a human rights non-governmental organisation based in Indonesia would like to demand the Secretary General of the United Nations to immadiately act towards the Violence committed by Israeli Military against Palestinian People in Gaza.
We believe, the Secretary General of the United Nations, United Nations Security Council [UNSC] and the Human Rights Council of the United Nations [HRC], shall act together in one voice to put pressure based upon authorities of the UN ensuring the Israeli Government to stop the violence and agression against the Palestinian People, considering that the conflict has become worsen since the attack launched for the first time on 7th July, 2014 under “Operation Protective Edge”.
The Role of the United Nations is very important, as regulated in the UN Charter, Article 1 Paragraph 1:
“To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace”;
To date, around 168 Palestinians have been killed, at least 28 among them were aged 16 or younger, as well as 1000 people were injured. We believe, one is too many, they are not only number but all of them are human. he member of the United Nations since 1949, Israel has the obligation to maintain the international peace and security as stated on the article 2 pharagraph 4 of the UN Charter:
We regret the Israeli Government doesnot obey the international humanitarian law, human rights law and criminal law, and the UN Charter. Noting that Israel is a party to the 1949 Geneva Conventions, we stress that Israel has violated the Article 33 of the IV Geneva Convention, relative to the Protection of Civilian Persons in time of War, stated that: ”no protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.Pillage is prohibited.Reprisals against protected persons and their property are prohibited.”
The victims of the Israeli military bombing are civilians which is unacceptable by any reasons, considering that the attack is against the sovereign state, and the attack is a violation to the UN Charter. We found the irony that attack and human rights violations committed by the Israel has contradictory to its commitment to the protection on human rights by ratifying almost the core human rights instrument. Israel is the signatory of the Rome Statute in 2002 and ratifying at least 13 of the International Human Rights Law, including the ICCPR, CRC, ICESCR, CAT, including several other Convention and additional Protocol.
We strongly support the statement of the UN High Commissioner for Human Rights Navi Pillay containing that Israel must respect the international humanitarian law:
“The Government of Israel must take all possible measures to ensure full respect for the principles of distinction, proportionality and precautions in attack, during the conduct of hostilities, as required by international humanitarian law. In all circumstances, they must avoid targeting civilians,”
Taking into consideration based on the above-mentioned facts , we would like to respectfully call the United Nations for:
First, to issue a legally binding resolution containing arms embargos on Israel.This sanction shall terminate the supply of weapons and military aid from other states which Israel depends to commit such war crimes;
Second to issue a legally-binding resolution containing economic sanctions and trade embargoto restrict any activities involving Israel.The sanctions including to freeze trade agreement and boycotting the Israeli product such as the pharmaceutical products, machinery, optic and medical instruments, and agricultural products.
Third to ensure the protection and welfare of civilians on both sides as stated in international humanitarian law. The United Nations has to ensure the humanitarian aids including medical assistance and food received by civilians.
Fourth, resumption of direct negotiations between the Israelis and Palestinians with the aim of achieving a comprehensive peace agreement based on the two-state solution mediated by third-party.
Fifth ,the deployment of the UN Peacekeeping Forces to ensure the sustainable peace after the ceasefire has been established.
We support the United Nations Human Rights Council to form an international commission of inquiry to investigate the crimes which committed by the Israeli Government towards the Palestinian civiliansand we also support for de-escalation of the situation, restoration of calm, and reinstitution of the November 2012 ceasefire.
Thank you for your consideration, we look forward to hear from you.