A/HRC/15/50
requirements for investigations under IHRL, although they are not strictly applicable
to investigations under IHL, owing to the differing objectives of investigations under
these two bodies of law.
93.
Nonetheless, without the full participation of victims and witnesses in
investigations, their effectiveness and thoroughness suffer. The Committee notes that
international standards are evolving in this area, with ever stronger emphasis on
affording access to justice for victims even with respect to investigations into alleged
violations of IHL.
94.
The Committee does not have any information on whether Israel has
undertaken investigations into the allegations raised in the FFM report concerning
IHRL violations in the West Bank. In this regard, Israel has not met its duty, under
the International Covenant or under the Convention against Torture, to investigate
these claims.
95.
Similarly, there is no indication that Israel has opened investigations into the
actions of those who designed, planned, ordered and oversaw “Operation Cast Lead”.
The FFM report contained serious allegations that officials at the highest levels were
complicit in violations of IHL and IHRL. Israel has not met its duty to investigate this
charge. The Committee observes that the military justice system would not be the
appropriate mechanism to undertake such an investigation, given the military’s
inherent conflict of interest.
B.
1.
The Palestinian side
The Palestinian Authority
96.
The Palestinian Authority established an independent commission of
investigation, which carried out a careful and detailed inquiry into the allegations
addressed to the Palestinian Authority. On the basis of the Commission’s report and
its meeting with the Commission’s Chair and members, the Committee concludes that
the Commission was not only independent in form, according to its legal statute, but
also in fact. Its report alleges that serious violations of IHRL were committed by
public officials in the West Bank. The Committee concludes that the investigation
conforms with international standards and can be considered credible and genuine.
97.
However, the Committee observes that the Commission’s work was hampered
by difficulties in accessing the Gaza Strip. While the Commission took all appropriate
steps to investigate the allegations of serious violations of IHL and IHRL in Gaza, the
Committee concludes that the Commission was unable to do so.
98.
The Commission has laid the groundwork for the commencement of
proceedings against the perpetrators and other measures suited to provide redress to
the victims. Its Chair has received written assurances from the Prime Minister
concerning the implementation of all its recommendations, but the Committee is
unaware of any criminal proceedings that may have been initiated since the
Commission filed its report.
2.
The de facto Gaza authorities
99.
The de facto authorities in Gaza established two committees of inquiry.
100. The report of the first Committee, made up of officials of the de facto Gaza
authorities, makes no serious effort to address the allegations detailed in the FFM
report against the de facto authorities in Gaza; it focuses primarily on the allegations
directed against Israel.
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