A/HRC/12/48 (ADVANCE 2)
page 19
was struck, as well, by the comment that every time a report is published and no action
follows, this “emboldens Israel and her conviction of being untouchable”. To deny modes of
accountability reinforces impunity, and tarnishes the credibility of the United Nations and
of the international community. The Mission believes these comments ought to be at the
forefront in the consideration by Members States and United Nations bodies of its findings
and recommendations and action consequent upon them.
1958. The Mission is firmly convinced that justice and respect for the rule of law are the
indispensable basis for peace. The prolonged situation of impunity has created a justice
crisis in the Occupied Palestinian Territory that warrants action.
1959. After reviewing Israel’s system of investigation and prosecution of serious violations
of human rights and humanitarian law, in particular of suspected war crimes and crimes
against humanity, the Mission found major structural flaws that, in its view, make the
system inconsistent with international standards. With military “operational debriefings”
at the core of the system, there is no effective and impartial investigation mechanism and
victims of such alleged violations are deprived of any effective or prompt remedy.
Furthermore, such investigations, being internal to the Israeli military authority, do not
comply with international standards of independence and impartiality. The Mission
believes that the few investigations conducted by the Israeli authorities on alleged serious
violations of international human rights and humanitarian law and, in particular, alleged
war crimes, in the context of the military operations in Gaza between 27 December 2008
and 18 January 2009, are affected by the defects in the system, have been unduly delayed
despite the gravity of the allegations, and, therefore, lack the required credibility and
conformity with international standards. The Mission is concerned that investigations of
relatively less serious violations that the Government of Israel claims to be investigating
have also been unduly protracted.
1960. The Mission noted the pattern of delays, inaction or otherwise unsatisfactory
handling by Israeli authorities of investigations, prosecutions and convictions of military
personnel and settlers for violence and offences against Palestinians, including in the West
Bank, as well as their discriminatory outcome. Additionally, the current constitutional and
legal framework in Israel provides very few possibilities, if any, for Palestinians to seek
compensation and reparations.
1961. In the light of the information it reviewed and its analysis, the Mission concludes that
there are serious doubts about the willingness of Israel to carry out genuine investigations
in an impartial, independent, prompt and effective way as required by international law.
The Mission is also of the view that the system presents inherently discriminatory features
that make the pursuit of justice for Palestinian victims extremely difficult.
1962. With regard to allegations of violations of international humanitarian law falling
within the jurisdiction of responsible Palestinian authorities in Gaza, the Mission finds that
these allegations have not been investigated.
1963. The Mission notes that the responsibility to investigate violations of international
human rights and humanitarian law, prosecute if appropriate and try perpetrators belongs
in the first place to domestic authorities and institutions. This is a legal obligation
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