A/HRC/16/24 VII. A. Conclusions General conclusion 75. The Committee, in the course of its work since the adoption of Human Rights Council resolution 13/9, has monitored and assessed the different proceedings undertaken by the Government of Israel and the Palestinian side on the basis of available public information, contributions from government authorities, NGOs and other actors, and accounts from victims and witnesses. It considers that the analysis presented in the present report completes and concludes its examination of the issues it was requested to address in resolution 13/9. B. Israel 76. Although the Committee was able to access official information detailing the progress of some investigations by the Israeli authorities since September 2010, it relied largely on media reports and other secondary sources to inform its deliberations. The Israeli authorities’ refusal to allow the Committee access to Israel and the West Bank, and access to Gaza through Israel, significantly constrained the Committee’s ability to engage with key interlocutors. 77. That said, the Committee finds that Israel has dedicated significant resources to investigate over 400 allegations of operational misconduct in Gaza reported by the United Nations Independent Fact-Finding Mission on the Gaza Conflict and others. Given the scale of this undertaking, it is unsurprising that in 2011, much remains to be accomplished. The Committee is able to report that, to the best of its knowledge, 19 investigations into the serious violations of international humanitarian law and international human rights law reported by the Fact-Finding Mission have been completed by the Israeli authorities with findings that no violations were committed. Two inquiries were discontinued for different reasons. Three investigations led to disciplinary action. Six investigations reportedly remain open, including one in which criminal charges have been brought against an Israeli soldier. The status of possible investigations into six additional incidents remains unclear. 78. Furthermore, Israel has launched 14 investigations into incidents related to alleged violations in the West Bank. Of those, two criminal indictments have been filed, six investigations are ongoing and six cases were closed without charges. The Committee received no information concerning other investigations of alleged violations committed in the West Bank, nor of investigations related to persons detained in Israel. 79. The Committee reiterates the conclusion of its previous report that there is no indication that Israel has opened investigations into the actions of those who designed, planned, ordered and oversaw Operation Cast Lead. 80. However, the Committee notes the work of the Turkel Commission and its probing of some decisions and policies adopted by high-level officials in Israel. The Committee concludes that a public commission – which includes international participants – constitutes one of the mechanisms that Israel could use to assess highlevel operational and legal decisions concerning the execution of the military operation in Gaza. 81. Concerns related to transparency and the participation of victims and witnesses in investigations reported by the Committee in its previous report continue to be 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents