A/HRC/16/24 strong condemnation of terror coming from Gaza. Since that time I have lost faith in the international committees, especially the United Nations, as it seems no one is asking if I have a right to live.”53 72. The Committee heard the respective parties’ claims that their systems have established mechanisms to ensure accountability and justice. Yet, after listening to victims, witnesses and human rights organizations, it is clear that the needs of victims are not being adequately addressed. For example, while the Israeli system allows for Palestinian victims to file civil claims with the Supreme Court, the reality for Gaza residents is that, given existing restrictions preventing entry into Israel, their right to a remedy and reparation is limited in such a way as to render it virtually ineffective. A petition filed by a human rights organization points out that the existing two-year statute of limitations, and the number of obstacles to accessing Israel, effectively undermine any real prospect of obtaining justice.54 73. Similarly, victims on both sides continue to raise the question whether their right to obtain reparation will be adequately respected. This is not just a matter of law; this is, in the view of the Committee, a matter of the most basic principles of justice. When harm has been done, irrespective of the reasons and justifications for it, victims should be given the opportunity to be compensated for the damages suffered, whether physical, psychological, or patrimonial. The Committee notes the increasing practice of Member States carrying out military operations in different parts of the world to offer ex gratia payments when direct or indirect damage is caused to civilians. Such practice is commendable and should, in the near future, constitute the norm rather than the exception.55 74. But above all, listening to the testimony, the Committee apprehended that many people continue to feel insecure, they carry the burden of injuries and disabilities, and struggle to live in difficult conditions. The Committee heard testimonies from mothers on both sides who are raising children suffering from post-traumatic stress disorder and who have to consider where they can run for shelter to protect their families.56 The Committee also is mindful of submissions it received about the destruction of the environmental infrastructure in Gaza and the need for materials to be allowed in to enable the civilian population to repair damage to wells and household water and sanitation systems.57 The Committee considers that, for as long as victims – in Israel and in Gaza – continue to lack confidence in the investigative processes, and continue to live in difficult and unsafe conditions, without hope of remedy, there will be no genuine accountability and no justice. 53 54 55 56 57 18 Ibid. See Palestinian Centre for Human Rights, “Israel effectively denies Palestinian victims of Operation Cast Lead access to justice: PCHR files petition to Israeli High Court of Justice”, press release, 12 December 2010. Available from www.pchrgaza.org/portal/en/index.php?option=com_ content&view=article&id=7167:israel-effectively-denies-palestinian-victims-of-operation-cast-leadaccess-to-justice-pchr-files-petition-to-israeli-supreme-court&catid=36:pchrpressreleases&Itemid=194. According to reports, for example, between 1 April 2009 and 31 March 2010 the Canadian military issued 272 ex gratia payments - more than five per week. See, “Canadian military payments for death and destruction in Afghanistan”, Canadian Encyclopedia, 17 January 2011, available from www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=M1ARTM0013580. See also reports that Germany has made ex gratia payments to victims in Afghanistan, at http://freeinternetpress.com/story.php?sid=26575. For the United States of America’s use of solatia and condolence payments, see “The Department of Defense’s use of solatia and condolence payments in Iraq and Afghanistan”, available from www.gao.gov/new.items/d07699.pdf. Teleconference with Palestinian victims, 15 March 2011; teleconference with Israeli victims, 14 March 2011. Written submission by the Emergency Water, Sanitation and Hygiene group (EWASH) for the Occupied Palestinian Territory, March 2011.