A/HRC/16/24
I.
Introduction
1.
The Human Rights Council, in its resolution 13/9, decided, in the context of the
follow-up to the report of the United Nations Fact-Finding Mission on the Gaza Conflict
(A/HRC/12/48, hereinafter the FFM report), “to establish a committee of independent
experts in international humanitarian and human rights laws to monitor and assess any
domestic, legal or other proceedings undertaken by both the Government of Israel and the
Palestinian side, in the light of General Assembly resolution 64/254, including the
independence, effectiveness, genuineness of these investigations and their conformity with
international standards”. In accordance with this directive, the Committee of independent
experts (hereinafter the Committee) submitted its first report to the Council (A/HRC/15/50)
at its fifteenth session.
2.
Thereafter, in its resolution 15/6, the Human Rights Council decided “to renew and
resume the mandate of the Committee of independent experts, established pursuant to
Council resolution 13/9”. The Council requested that the Committee submit its updated
report to the Council at its sixteenth session.
3.
The United Nations High Commissioner for Human Rights appointed Judge Mary
McGowan Davis, a former Justice of the Supreme Court of the State of New York and
former federal prosecutor, as Chair of the Committee. The other member was Judge
Lennart Aspegren, formerly a Judge at the Svea Court of Appeal, Director-General for
Legal and International Affairs at different Swedish Ministries, Justice at the Supreme
Social Insurance Court, and Judge at the International Criminal Tribunal for Rwanda.
4.
The Office of the United Nations High Commissioner for Human Rights (OHCHR)
established a secretariat to support the Committee.
5.
The present report is submitted to the Human Rights Council pursuant to its
resolution 15/6.
II.
Mandate and methodology
A.
Mandate
6.
The Committee, in its initial report (A/HRC/15/50) submitted to the Human Rights
Council at its fifteenth session, interpreted its mandate by reading Human Rights Council
resolution 13/9 in conjunction with General Assembly resolution 64/254, in which the
General Assembly reiterated its call upon the Government of Israel and the Palestinian side
to conduct investigations “that are independent, credible and in conformity with
international standards into the serious violations of international humanitarian and
international human rights law reported by the [United Nations] Fact-Finding Mission [on
the Gaza conflict], towards assuring accountability and justice”. As set forth in that report,
the Committee understood “domestic, legal or other proceedings” to refer to investigations,
disciplinary proceedings and prosecutions undertaken by either military or civil justice
systems in Israel and on the Palestinian side. Although the Committee’s primary focus was
on proceedings related to the serious violations alleged in the FFM report, it determined
that its mandate was not restricted to these events and that it could review proceedings
pertaining to “any incident connected to the military operations in Gaza” (A/HRC/15/50,
para. 6).
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