The UN Human Rights Council’s vote to launch an international inquiry into alleged Israeli war crimes in “Occupied Palestinian Territory” has a distinct quality of déjà-vu. Indeed, close to 40% of all UN Special Sessions have been condemnatory of Israel. But, it also has an Alice-in-Wonderland feel of “sentence first, verdict afterwards,” because the resolution – which focuses primarily on purported Israeli criminality – establishes a commission of inquiry while presupposing Israeli guilt.
If precedent – such as the Goldstone Commission following the 2009 war between Hamas and Israel – be the guide, the inquiry will likely marginalize, if not sanitize, war crimes and crimes against humanity committed by Hamas. Indeed, the impunity enjoyed by Hamas in international forums has only encouraged it to continue flagrant violations of international humanitarian and criminal law.