A/HRC/12/48 (ADVANCE 2)
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committee of experts should report at the end of the six-month period to the Security
Council on its assessment of relevant domestic proceedings initiated by the Government of
Israel, including their progress, effectiveness and genuineness, so that the Security Council
may assess whether appropriate action to ensure justice for victims and accountability for
perpetrators has been or is being taken at the domestic level. The Security Council should
request the committee to report to it at determined intervals, as may be necessary. The
committee should be appropriately supported by the Office of the United Nations High
Commissioner for Human Rights;
(c) The Mission recommends that, upon receipt of the committee’s report, the
Security Council should consider the situation and, in the absence of good-faith
investigations that are independent and in conformity with international standards having
been undertaken or being under way within six months of the date of its resolution under
Article 40 by the appropriate authorities of the State of Israel, again acting under Chapter
VII of the Charter of the United Nations, refer the situation in Gaza to the Prosecutor of
the International Criminal Court pursuant to article 13 (b) of the Rome Statute;
(d) The Mission recommends that the Security Council should require the
independent committee of experts referred to in subparagraph (b) to monitor and report
on any domestic legal or other proceedings undertaken by the relevant authorities in the
Gaza Strip in relation to the aforesaid investigations. The committee should report at the
end of the six-month period to the Security Council on its assessment of relevant domestic
proceedings initiated by the relevant authorities in Gaza, including their progress,
effectiveness and genuineness, so that the Security Council may assess whether appropriate
action to ensure justice for victims and accountability for perpetrators has been taken or is
being taken at the domestic level. The Security Council should request the committee to
report to it at determined intervals, as may be necessary;
(e) The Mission recommends that, upon receipt of the committee’s report, the
Security Council should consider the situation and, in the absence of good-faith
investigations that are independent and in conformity with international standards having
been undertaken or being under way within six months of the date of its resolution under
Article 40 by the appropriate authorities in Gaza, acting under Chapter VII of the Charter
of the United Nations, refer the situation in Gaza to the Prosecutor of the International
Criminal Court pursuant to article 13 (b) of the Rome Statute;
(f) The Mission recommends that lack of cooperation by the Government of Israel
or the Gaza authorities with the work of the committee should be regarded by the Security
Council to be obstruction of the work of the committee.
1970. To the Prosecutor of the International Criminal Court, with reference to the
declaration under article 12 (3) received by the Office of the Prosecutor of the
International Criminal Court from the Government of Palestine, the Mission considers
that accountability for victims and the interests of peace and justice in the region require
that the Prosecutor should make the required legal determination as expeditiously as
possible.
1971. To the General Assembly,
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