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. 23

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