A/HRC/12/48
page 45
170. The Mission met or spoke with witnesses, listened to what they had to say and questioned
them wherever necessary. Taking into account the demeanour of witnesses, the plausibility of
their accounts and the consistency of these accounts with the circumstances observed by it and
with other testimonies, the Mission was able to determine the credibility and reliability of those
people it heard. Regarding the large amount of documentary information the Mission received or
had access to as documents in the public domain, it tried as far as possible to speak with the
authors of the documents in order to ascertain the methodologies used and to clarify any doubts
or problems.
171. The final conclusions on the reliability of the information received were made taking all
of these matters into consideration, cross-referencing the relevant material and information, and
assessing whether, in all the circumstances, there was sufficient information of a credible and
reliable nature for the Mission to make a finding in fact.
172. On the basis set out above, the Mission has, to the best of its ability, determined what facts
have been established. In many cases it has found that acts entailing individual criminal
responsibility have been committed. In all of these cases the Mission has found that there is
sufficient information to establish the objective elements of the crimes in question. In almost all
of the cases the Mission has also been able to determine whether or not it appears that the acts in
question were done deliberately or recklessly or in the knowledge that the consequence that
resulted would result in the ordinary course of events, that is, the Mission has referred in many
cases to the relevant fault element (mens rea). The Mission fully appreciates the importance of
the presumption of innocence: the findings in the report do not subvert the operation of that
principle. The findings do not attempt to identify the individuals responsible for the commission
of offences nor do they pretend to reach the standard of proof applicable in criminal trials.
D.
Consultation with the parties
173. The Mission received documentation related to its mandate from the Palestinian
Authority. During its visits in Gaza, the Mission was provided with significant material and
documentation by the Gaza authorities. On 29 July, it received, through UN Watch, a paper5 on
the military operations in Gaza that sets out the Government of Israel’s position on many issues
investigated by the Mission.
174. During its meetings in Gaza, Amman and Geneva, the Mission discussed matters within
its mandate with Palestinian counterparts. While no cooperation was received from the
Government of Israel, the Mission met a number of Israeli citizens formerly in senior
Government positions.
175. In order to provide the parties concerned with an opportunity to submit additional relevant
information and express their position and respond to allegations, the Mission also submitted
comprehensive lists of questions to the Government of Israel, the Palestinian Authority and the
“The operation in Gaza: Factual and legal aspects”, July 2009, published on the website of the Israeli Ministry of
Foreign Affairs, available at http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/
Terrorism+and+Islamic+Fundamentalism-/Operation_in_Gaza-Factual_and_Legal_Aspects.htm.
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