A/HRC/12/48 (ADVANCE 2)
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incumbent on States and State-like entities. However, where domestic authorities are
unable or unwilling to comply with this obligation, international justice mechanisms must
be activated to prevent impunity.
1964. The Mission believes that, in the circumstances, there is little potential for
accountability for serious violations of international humanitarian and human rights law
through domestic institutions in Israel and even less in Gaza. The Mission is of the view
that long-standing impunity has been a key factor in the perpetuation of violence in the
region and in the reoccurrence of violations, as well as in the erosion of confidence among
Palestinians and many Israelis concerning prospects for justice and a peaceful solution to
the conflict.
1965. The Mission considers that several of the violations referred to in this report amount
to grave breaches of the Fourth Geneva Convention. It notes that there is a duty imposed
by the Geneva Conventions on all high contracting parties to search for and bring before
their courts those responsible for the alleged violations.
1966. The Mission considers that the serious violations of international humanitarian law
recounted in this report fall within the subject-matter jurisdiction of the International
Criminal Court. The Mission notes that the United Nations Security Council has long
recognized the impact of the situation in the Middle East, including the Palestinian
question, on international peace and security, and that it regularly considers and reviews
this situation. The Mission is persuaded that, in the light of the long-standing nature of the
conflict, the frequent and consistent allegations of violations of international humanitarian
law against all parties, the apparent increase in intensity of such violations in the recent
military operations, and the regrettable possibility of a return to further violence,
meaningful and practical steps to end impunity for such violations would offer an effective
way to deter such violations recurring in the future. The Mission is of the view that the
prosecution of persons responsible for serious violations of international humanitarian law
would contribute to ending such violations, to the protection of civilians and to the
restoration and maintenance of peace.
XXXI. RECOMMENDATIONS
1967. The Mission makes the following recommendations related to:
(a)
Accountability for serious violations of international humanitarian law;
(b)
Reparations;
(c)
Serious violations of human rights law;
(d)
The blockade and reconstruction;
(e)
The use of weapons and military procedures;
(f)
The protection of human rights organizations and defenders;
(g)
Follow-up to the Mission’s recommendations.
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