A/HRC/16/24 advisory and prosecutorial power could present a conflict of interest under certain circumstances, he stated that “the mechanism is calibrated for the inspection of individual incidents, complaints of war crimes in individual incidents … This is not a mechanism for policy. True, it is not suitable for this”.32 Therefore, the Committee remains of the view that an independent public commission – and not the MAG office – is the appropriate mechanism for carrying out an independent and impartial analysis, as called for in the FFM report, into allegations that high-level decision-making related to the Gaza conflict violated international law. Promptness33 2. 42. The Committee has previously expressed reservations as to whether Israel’s investigations into allegations of misconduct have been sufficiently prompt (A/HRC/15/50, para. 51). In particular, the Committee remains concerned about the fact that unnecessary delays in carrying out such investigations may have resulted in evidence being lost or compromised, or have led to the type of conflicting testimony that characterized the investigations into the killings of Majda and Raayya Hajaj (ibid.) and the inconclusive findings reported with respect to the tragic deaths of Souad and Amal Abd Rabbo and the grave wounding of Samar Abd Rabbo and their grandmother Souad (see A/HRC/12/48, paras. 770-779). 43. The Committee is fully aware of the difficulties involved in investigating alleged violations that occurred in a situation of combat, in particular when it comes to the collection of evidence, interviewing witnesses and victims, and the accurate establishment of the facts, often in the absence of sufficient forensic tools. Yet, while acknowledging the complexity and difficulty of the challenges presented to investigators in the wake of the numerous allegations of wrongdoing by IDF soldiers during the Gaza conflict, it is worth noting that out of 36 incidents related to Gaza referred to in the Committee’s previous report, more than one third remain unresolved or with an unclear status two years after the events took place. That situation raises serious concern as to whether the existing mechanisms are capable of insuring that investigations are conducted in a prompt manner. Presumably this is an issue that is under careful review by the Turkel Commission and will be addressed in part two of its report. 44. The promptness of an investigation is closely linked to the notion of effectiveness. An effective investigation is one in which all the relevant evidence is identified and collected, is analyzed, and leads to conclusions establishing the cause of the alleged violation and identifying those responsible. In that respect, the Committee is concerned about the fact that the duration of the ongoing investigations into the allegations contained in the FFM report – over two years since the end of the Gaza operation – may seriously impair their effectiveness and, therefore, the prospects of achieving accountability and justice. 3. Transparency 45. The issue of the transparency of Israel’s investigations is a concern that has been highlighted by a number of different sources and appears to be a matter of some dispute. Thus, in his testimony to the Turkel Commission, the MAG indicated that his office, as a 32 33 Testimony of the Chief Military Advocate General, Avichai Mandelblit, to the Turkel Commission, Session Number Four, 26 August 2010. In its previous report the Committee noted that as a general rule an investigation should commence and progress with reasonable expedition. Determining whether an investigation has met this standard of reasonableness depends on the specific circumstances of the case (A/HRC/15/50, para. 25). 11