A/HRC/28/45 25. The abduction and murder of the three Israeli youths had a very damaging impact and contributed to the serious deterioration in the human rights situation across the Occupied Palestinian Territory. Attacks such as those drive the conflict and foment division, making Israelis feel unsafe and prompting further attacks by settlers and others. They fuel a political discourse in Israel that demands harsh measures against the Palestinian population, as was evident during the summer of 2014.35 Whilst Israel must act to maintain law and order, such actions must be grounded in respect for human rights. As the Security Council has underlined, failing to comply with human rights and other international legal obligations contributes to “increased radicalization and fosters a sense of impunity”. 36 Impunity and the failure to ensure accountability 26. At the General Assembly on 6 August 2014, the former High Commissioner for Human Rights stated that it was “a terrible failure for humanity not to act to avert yet another devastating crisis in Gaza” and highlighted how the “need for investigation and accountability” raised in the aftermath of the 2008/09 and 2012 escalations had “not been met”.37 The Secretary-General and the United Nations Special Coordinator for the Middle East Peace Process have also stressed the importance of accountability on all sides. 38 Yet the failures of the past do not bode well for the future, with impunity prevailing despite the fact that numerous violations of international humanitarian law and international human rights law have been documented. 27. The Goldstone Report highlighted the defects in the investigative mechanisms in respect of both Israel and the Palestinian authorities in Gaza. 39 Many of those concerns were echoed by the committee of independent experts appointed to monitor investigations on both the Israeli and Palestinian sides into the 2008/09 escalation, which found that accountability measures on both sides were severely lacking. 40 Thereafter, according to the Israeli NGO B’tselem, at least 52 military police investigations were opened, with only three investigations ending with indictments, resulting in the conviction of four soldiers. 41 Of the sentences handed down, the longest was 15 months of imprisonment for credit card fraud. 28. Following the November 2012 escalation, OHCHR called on all duty bearers to ensure accountability for violations of international law. 42 In April 2013, the Israeli Military Advocate General stated that it found no basis for opening military police investigations into approximately 65 incidents it had examined and that the cases would be closed. As of 31 October 2014, decisions were still pending in approximately 15 outstanding incidents. Two fact-finding committees were formed to investigate specific incidents, according to the latest available information, but as at 31 October 2014, no criminal investigations had yet been opened.43 Additionally, OHCHR is aware of only one investigation into an incident 35 36 37 38 39 40 41 42 43 A/HRC/28/80/Add.1. S/RES/2178 (2014), preamble. www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14921&LangID= E#sthash.2CDohR7N.dpuf. S/PV.7266. A/HRC/12/48, paras. 1957–1966. A/HRC/15/50; A/HRC/16/24. www.btselem.org/accountability/20140905_failure_to_investigate; also The Public Commission to Examine the Maritime Incident of 31 May 2010 (Turkel Commission), Second Report, p. 345. A/HRC/22/35, paras. 66–75. www.law.idf.il/SIP_STORAGE/files/1/1381.pdf; www.pchrgaza.org/portal/en/index.php?option= com_content&view=article&id=10103:concerning-qpillar-of-defenseq-victims-for-the-first-timeisraeli-committee-headed-by-general-doron-almog-initiates-investigation-in-a-case-followed-up-by- 9