Ahmed al-Jaabari with Gilad Shalit

Report of the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

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Gershon Baskin confirms that the Hamas military leader, Ahmed Jabari, at the time he was killed, was in the final stages of negotiating a long-term ceasefire with Israel and that Israel has tried every military option to crush the capacity and will of Gaza to engage in violent resistance.

In the present report, while noting the continuing non-cooperation of Israel, the Special Rapporteur addresses Israel’s Operation “Pillar of Defense” and the general human rights situation in the Gaza Strip, as well as the expansion of Israeli settlements – and businesses that profit from Israeli settlements and the situation of Palestinians detained by Israel.

The most sustained use of force since Operation “Cast Lead” occurred when Israel launched Operation “Pillar of Defense,” on 14 November 2012 that continued for eight days. The timeline of violence leading up to the attack is complex, with no clear cause and effect relationship. There were incidents of border violence and rocket fire in the days before, yet there is widespread agreement that the definitive moment occurred when the Hamas military leader, Ahmed Jabari, was assassinated in a targeted killing. It was a safe assumption that the assassination of such a high value target would occasion a strong retaliation from Gaza.

This was confirmed by widely-respected Israeli peace activist Gershon Baskin, who confirmed that Jabari, at the time he was killed, was in the final stages of negotiating a long-term ceasefire with Israel. In a New York Times article published during Pillar of Defense, Baskin points out that Israel has tried every military option to crush the capacity and will of Gaza to engage in violent resistance. In his words, “The only thing it has not tried and tested is reaching an agreement for a long-term mutual ceasefire.” As Baskin points out, Jabari had long been in Israeli crosshairs and was known to have masterminded the capture and detention of the Israeli soldier Gilad Schalit. Jabari was the leader who had kept Schalit alive and in good health while in captivity for several years, and had prevented rogue militias in Gaza from engaging in violence against Israel. He had also acted to uphold prior ceasefires that had stemmed the level of violence on the Gazan border in recent years, which directly contributed to keeping Israeli casualties at zero since “Cast Lead.”

Click here to read the Report of the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

Richard Anderson Falk

Richard Anderson Falk is an American professor emeritus of international law at Princeton University.He is the author or co-author of 20 books and the editor or co-editor of another 20 volumes. In 2008, the United Nations Human Rights Council (UNHRC) appointed Falk to a six-year term as a United Nations Special Rapporteur on "the situation of human rights in the Palestinian territories occupied since 1967. He has been variously criticized by U.S. ambassador Susan Rice and Secretary-General of the United Nations Ban Ki-moon for his positions on Israel and the September 11 attacks.