The Human Rights Council's Failure to Protect Human Rights in Gaza with an Eye on the Goldstone Report

Pursuant to the Israeli attacks on Gaza in December 2008 which caused to several killings of Palestinian civilians, particular women and children, the Human Rights Council with a view to protect human rights in Gaza, held a special session on January 12, 2009 and decided to dispatch a Fact-Finding Mission to be led by Judge Goldstone to Gaza. After the Goldestone Report was published on 15 September 2009, it became clear that numerous of war crimes and crimes against humanity were committed by the Israeli Army. The adoption of the Report by the Human Rights Council on 16 October 2009 and its endorsement by the GA on November 5, 2009, this promise was given that the Human Rights Council with would be able to take effective steps towards protection of human rights. However, while the Goldstone Report was of the view that the violations of international humanitarian law fall within the jurisdiction of the ICC, due to non-membership status of Israel and Palestinian to ICC Security Council’s refusal to refer the issue to the Court, the ICC could not be able to exercise its jurisdiction till now. Having said, it seems that the encouraging idea to protect human rights in Gaza has been entered to a disappointing point and the Human Rights Council is failed to have an effective role in protection of human rights of Palestinian people.