A/HRC/28/45
involving the use of force by Israeli security forces in the access-restricted areas in Gaza: an
investigation opened in March 2014, almost four years after the incident, into the killing of
a fisherman in 2010.
29.
During the latest Israeli military operation in Gaza, the Israel Defence Forces Chief
of Staff ordered the establishment of a general staff mechanism for fact-finding assessments
to examine “exceptional incidents” that had occurred during “Operation Protective Edge”.44
The mechanism was established in response to and as part of the implementation of the
recommendations of the Turkel Commission.45 It is hoped that it will lead to meaningful
accountability.
30.
On the Palestinian side, the lack of accountability is also stark. OHCHR is not aware
of any steps taken by the relevant Palestinian authorities to bring perpetrators to justice in
response to the Goldstone Report. Nor is OHCHR aware that any measures have been taken
by the authorities in Gaza to ensure accountability for violations in relation to the
November 2012 escalation, including the direct targeting of civilians and indiscriminate
firing of rockets.46
31.
Those failures are not confined to the situation in Gaza. Both the Secretary-General
and the High Commissioner have repeatedly highlighted the failure to ensure accountability
and an adequate remedy for victims across the Occupied Palestinian Territory, including
victims of killings and injuries involving Israeli security forces in the West Bank, including
East Jerusalem.47 Under international human rights law, all incidents of killings and serious
injury must be promptly, thoroughly, effectively, independently, impartially and
transparently investigated. 48 However, as outlined in previous reports of the SecretaryGeneral and highlighted by the Human Rights Committee, Israel has not met its obligations
in that regard.49
32.
The ongoing impunity that prevails is in clear violation of the obligations of the duty
bearers, and the repercussions are felt as each side commits the same or similar violations
again and again, safe in the knowledge that they will not be brought to justice.
33.
The fact that the Israeli authorities and the Israeli security forces, as well as relevant
Palestinian authorities and Palestinian armed groups, are never held to account for
violations undermines the protective force of international law. The resulting enmity and
lack of trust drives violence. As the former High Commissioner has highlighted,
“adherence to international humanitarian law and international human rights law, and
ensuring accountability for violations, are essential prerequisites for any lasting peace”.50
44
45
46
47
48
49
50
10
pchr&catid=36:pchrpressreleases&Itemid=194.
www.mag.idf.il/261-6858-en/Patzar.aspx.
The Turkel Commission, established to investigate the May 2010 Gaza flotilla raid, was mandated to
review Israeli mechanisms for investigating alleged violations of the laws of armed conflict, and
made recommendations to strengthen those mechanisms.
A/HRC/25/40, paras. 58–60.
A/69/347, paras. 52–69; A/HRC/25/40, paras. 50–56.
Human Rights Committee, general comment No. 31 (2004) on the nature of the general obligation
imposed on States parties to the Covenant, para. 15.
A/69/347, paras. 52–69; CCPR/C/ISR/CO/4, para. 13.
Statement by Navi Pillay at the Informal Plenary Meeting of the General Assembly on the situation in
Gaza, 6 August 2014. Available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14921&LangID=E.
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