The McGowan Davis/Schabas Inquiry: The UN Legal Pogrom

The McGowan Davis/Schabas Report

Reports

Excerpts from the Report

Among other things, the report contains the following:
  • The inquiry invents a new rule of "law," namely, that combatant deaths are equivalent to civilian deaths. Aware that the Palestinians have refused to provide a full list of casualties, and that Israel's careful examination of known casualties (80% of casualties) puts the civilian proportion therein at 36%, the inquiry changes course. It switches from caring about proportions of civilians dead or injured to claiming all deaths and injuries are "heartbreaking."

    "20.... While the casualty figures gathered by the United Nations, Israel, the State of Palestine and non-governmental organizations differ, regardless of the exact proportion of civilians to combatants, the high incidence of loss of human life and injury in Gaza is heartbreaking."


  • It alleges Israel deliberately targeted and killed civilians in "utter disregard" for their lives:

    "58....unleash massive firepower in Rafah and Shuja'iya, in utter disregard of its devastating impact on the civilian population...
    (e) Targeting of civilians
    59. The commission examined several cases in which the people or groups of people targeted were civilians, at times children...
    60. Directing attacks against civilians ..."


  • UNRWA admitted, and the UN Secretary-General's own investigation confirmed, that Palestinian armed groups used UNRWA schools to store weapons and "that it was likely that such a group may have fired the mortar from within the premises of the school." But the Human Rights Council report refuses to believe them:

    "62. The Commission regrets that it was unable to verify allegations made by Israel on the use of civilian buildings by Palestinian armed groups..."


  • It suggests an excuse for genocidal Palestinian armed groups using Palestinians as human shields by maintaining they didn't have enough maneuvering room (knowing that they use their space to target Israeli civilians, that is, to commit war crimes):

    " 64. The commission recognizes that the obligation to avoid locating military objectives within densely populated areas is not absolute. The small size of Gaza and its population density make it difficult for armed groups to always comply with this requirement."


  • It refuses to conclude Hamas terror tunnels were terror tunnels - despite the fact that they have been photographed with weapons caches, with terrorists emerging at one end close to Israeli civilian targets, and were kept secret at great expense to the Palestinians who built them:

    "108. The commission cannot conclusively determine the intent of Palestinian armed groups with regard to the construction and use of these tunnels."


  • It recommends the arrest of the leaders of the state of Israel and any other "suspected" Israeli war criminals wherever and whenever state agents around the world can get their hands on them:

    "RECOMMENDATIONS
    ...
    89. The commission calls upon the international community:
    ...
    (d) To support actively the work of the International Criminal Court in relation to the Occupied Palestinian Territory; to exercise universal jurisdiction to try international crimes in national courts; and to comply with extradition requests pertaining to suspects of such crimes to countries where they would face a fair trial."