A/HRC/16/24
warning that such an inquiry could violate fundamental human rights.47 Similarly, a bill to
punish individuals who call for academic or economic boycotts against Israel was
reportedly adopted in its first reading by the Knesset,48 and there are efforts underway as
well to discourage organizations that seek to hold IDF soldiers accountable for war crimes
in international courts.49
67.
The FFM also reported allegations that the security services of the Palestinian
Authority had interfered with the work of journalists (A/HRC/12/48, para. 1551). Further,
the Committee has received information that the de facto authorities in Gaza, while
generally tolerant of local human rights organizations,50 have recently stated that the ICHR
is not legally qualified to work in Gaza.
68.
Equally distressing are reports that victims who travel to Erez to meet with Israeli
military investigators have been summoned for questioning about these contacts by the de
facto authorities in Gaza.
69.
Given this situation, the Committee wishes to remind all parties that the ability of
human rights organizations to function freely and independently is crucial for the
improvement of the domestic human rights situation in general, and for the effective
functioning of accountability mechanisms in particular.
C.
The victims’ right to justice and accountability
70.
Third, and most importantly, the Committee emphasizes that General Assembly
resolution 64/254 called upon the Government of Israel and the Palestinian side to conduct
investigations that are independent, credible and in conformity with international standards
towards insuring accountability and justice. During its work, the Committee was struck by
the testimony of victims on both sides that justice has not been done and that they lack
confidence that it is ever likely to be done. For example, a Palestinian resident in Gaza told
the Committee that investigations into Operation Cast Lead incidents “were superficial, not
significant, and misleading to the international community. Despite our belief that the
investigation was not serious we decided to appear and deliver testimony, out of a belief
that we are civilians and innocent. But we also believed that in the end, we will end up with
nothing. We were correct; the investigation carried out by Israel is just a game, nothing
more.”51
71.
One Israeli victim of rocket attacks expressed her frustration at the lack of justice
and said, “I have no Court, no one to represent me, no one to sue. Is that real justice?”52 She
also articulated her disappointment with the international community: “I was disappointed
[by the FFM] and found myself feeling more humiliated than ever before in my life because
it seemed to me there was no mention of Israeli victims who, like me, have suffered for
more than eight years the rockets and mortars, it seemed to me that no one wanted to issue a
47
48
49
50
51
52
Jonathan Lis, “Israel’s Attorney General: probing leftist NGOs infringes on human rights”, Haaretz,
21 February 2011. Available from www.haaretz.com/print-edition/news/israel-s-attorney-generalprobing-leftist-ngos-infringes-on-human-rights-1.344684.
Rebecca Anna Stoil, “Anti-Boycott bill passes first reading in Knesset”, Jerusalem Post, 7 March
2011. Available from www.jpost.com/DiplomacyAndPolitics/Article.aspx?ID=211188&R=R1.
See for example information available at www.acri.org.il/en/?p=1639.
The Committee has also received information that the de facto authorities have taken measures
against a broad range of civil society organizations, allegedly for involvement in Fatah affiliated
political activities or immoral conduct.
Videoconference of 15 March 2011.
Teleconference of 14 March 2011.
17
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