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
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