H.E. Navi Pillay
High Commissioner for Human Rights
OHCHR

Geneva, 29 December 2008

Madame High Commissioner,

I am compelled to write to you regarding the deteriorating situation in southern Israel and the Gaza Strip as a direct result of unrelenting Palestinian terrorist attacks.

I refer to your press release, dated 28 December 2008, in which you expressed grave concern and distress at the violence in the Gaza Strip. I am both surprised and disappointed that you did not find it appropriate to issue any public statement when Israeli civilians in towns and cities across southern Israel were targeted by Hamas and other Palestinian terrorist groups with rockets and mortars in an unrelenting and indiscriminate fashion.

It is not difficult to notice that in your statement, while you strongly condemn Israel, you do not - even once - call upon Hamas and those acting under its acquiescence to stop immediately the intentional targeting of Israeli civilians. Furthermore, the Office of the High Commissioner for Human Rights has remained astonishingly quiet when on 26 December, Hamas launched rockets towards Israel that fell on a house in Gaza killing two Palestinian children.

Madame High Commissioner,

The responsibility for the situation in the Gaza Strip lies solely with the Hamas regime. As you well know, Israel fully withdrew from the Gaza Strip in 2005. It was a move hailed by the international community and then-Secretary-General Kofi Annan commended Israel’s withdrawal, calling it a “courageous decision” for the cause of peace.

However, since Israel’s withdrawal - in particular since the illegal Hamas coup - the Gaza Strip has become a terrorist stronghold used to attack Israel. Over the last six months alone during the “state of calm,” Israel exercised remarkable restraint as Hamas launched over 300 rockets and mortars against Israeli civilians. Hamas repeatedly violated the understanding of the “state of calm” by building a large arsenal of sophisticated weapons and a network of tunnels for the purposes of smuggling arms and kidnapping Israelis.

Following a period of maximum restraint on Israel’s part - as well as an attempt to return to the “state of calm” - Hamas announced that it would not renew the “state of calm.” Instead, Hamas and other terrorist organizations resumed full-scale armed attacks against Israeli civilians. Over 500,000 Israeli citizens have been under incessant terrorist attacks from the Gaza Strip. No country in the world would tolerate such an onslaught against its citizens, and Israel will not accept a situation in which its citizens are virtual hostages in their own country.

Madame High Commissioner,

The State of Israel made the painful decision to act against Hamas and other terrorists who seek to kill and terrorize the citizens of Israel. Under article 51 of the United Nations Charter, Israel has the right and the duty to safeguard and protect the lives, the security, and the well-being of its citizens.

In that same vein, Israel has repeated time and time again that it is not fighting the Palestinian people, but the Hamas terrorist organization. Israel remains committed to the bilateral peace process with the legitimate Palestinian representatives to achieve a two-state solution. Israel is therefore focusing its strikes against the terrorist infrastructure of Hamas with extraordinary attention paid to avoid harming civilians.

Let me remind you, however, that Hamas fires its weapons from densely populated civilian areas - including hospitals, mosques, schools, and homes - regularly using civilians as shields. Even as Israel confronts an enemy that glorifies murder and celebrates death, Israel remains committed to upholding its obligations under international law.

In this respect, on 28 December, a senior delegation from the Israeli Ministry of Foreign Affairs met with representatives of UNSCO, UNRWA, WHO, and the Red Cross for the purpose of assessing the humanitarian needs of the Gaza Strip in order to ensure the entry of the required aid, in particular food and medical equipment. The Ministry officials assured the representatives of the international organizations that every effort would be made to transfer the necessary humanitarian aid.

Furthermore, the Kerem Shalom Crossing was recently opened for the delivery of truckloads of food and medical equipment. This aid was donated by UNRWA, the WHO and the Red Cross.

Madame High Commissioner,

The State of Israel seeks to be treated in a fair and honest manner. I am therefore disappointed that you have chosen to remain silent regarding the cause of the current violence, namely the relentless Hamas attacks. I am dismayed that you chose not to respond or even react to my letter, dated 18 December 2008, regarding the difficult situation in Gaza. Yet I have no doubt that such omissions were unintentional and do not reflect in any way a bias or double-standard against Israel. It is my sincere hope that your office will continue to act to uphold the principles of the United Nations in an objective and balanced manner regarding the situation in the Middle East.

Please accept, Excellency, the continued assurances of my highest consideration.

Yours truly,

Aharon Leshno-Yaar
Ambassador
Permanent Representative of Israel to the United Nations in Geneva