A/HRC/16/24
February 2011 requesting specific information on investigations undertaken in response to
the FFM report. On 8 March 2011, the de facto authorities asked the Committee for
additional time in which to submit the information and the Committee agreed to extend the
deadline. The de facto Gaza authorities sent a document on 13 March, with two annexes, in
response to the Committee’s detailed list of questions.
17.
The Committee met with a number of NGO representatives in Geneva on 27 January
2011 and in Amman on 20 and 21 February 2011. NGOs also made written submissions to
the Committee and during teleconferences with the Committee members further
documented incidents they had brought to the attention of authorities in Israel and on the
Palestinian side.
18.
The Committee also interviewed Israeli and Palestinian victims and witnesses. On 9
and 14 March 2011, the Committee held video- and teleconferences with Israeli victims and
witnesses, who provided information on the human and material damage suffered as a
direct consequence of rocket attacks launched from the Gaza Strip. These individuals
described their injuries and the continuing physical and psychological effects of living near
the border in constant apprehension of further attacks. They also noted their complete
inability to gain redress for these crimes.
19.
On 15 March 2011, the Committee held video- and teleconferences with Palestinian
victims, who recounted their first-hand experience with Israeli criminal investigations into
incidents reported by the FFM. These witnesses detailed their frustration with the Israeli
investigating authorities and gave articulate voice to their perception that Israeli justice
mechanisms were completely ineffective and non-existent. Although these victims and
witnesses had suffered serious injuries during Operation Cast Lead and had cooperated
fully with investigators, after two years they have heard absolutely nothing with respect to
the status of their cases – apart from one family that had learned in an official government
report that the criminal investigation into the killing of their young children had been closed
without elucidation of the circumstances that led to such a tragedy.
20.
On 25 February 2011, the Committee held a teleconference with Noam Shalit, who
reminded the Committee of the continuing isolation and captivity of his son, Gilad Shalit,
who has had no communication with his family, nor has he been allowed visits by the
International Committee of the Red Cross to monitor his detention conditions since he was
captured and detained during an incursion into Israel in June 2006. Mr. Shalit expressed
concern about the psychological and physical well-being of his son after five years in
detention and appealed for his immediate release.
21.
The totality of this information has provided the basis for the Committee’s efforts to
implement its mandate “to assess domestic, legal or other proceedings undertaken by Israel
and the Palestinian side.”
22.
The Committee carried out its work under considerable challenges and constraints.
In particular, given that the Committee did not travel to Israel, the West Bank or Gaza, it
was unable to meet with a number of persons who could have supplied first-hand, updated
information as to the status and impact of investigations and legal proceedings undertaken
by the respective parties into the violations alleged in the FFM report. Moreover, the
Committee worked under strict time limitations in order to meet the time frame imposed on
it by the Human Rights Council.
III.
Applicable law and standards
23.
In its previous report to the Human Rights Council (A/HRC/15/50), the Committee
extensively analyzed the legal framework and standards applicable in the context of the
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