A/HRC/15/50
the alleged violations of IHL and IHRL by the de facto Gaza authorities and raises concerns
about their credibility and genuineness.
87.
Moreover, some aspects of the report sought to explain away allegations of serious
violations of IHL. For example, the second Gaza Committee suggested that the
unavailability of modern military technology could not preclude armed groups from
defending themselves. This implicitly acknowledges the truth of the allegations in the FFM
report that armed groups violated IHL by launching weapons at Israel that were incapable
of striking precise targets, while seeking to justify the violation and absolve the
perpetrators.
88.
The investigations of the second Gaza Committee, which began more than a year
after the Gaza conflict, also raise questions as to the promptness of its inquiry. The report
set out reasons for the delay, noting the difficulties inherent in undertaking effective
investigations in the wake of the destruction caused by the conflict. This Committee
understands that the chaos resulting from armed conflict had an impact on the second Gaza
Committee’s capacity to undertake investigations. In this sense, the strict application of the
standard of promptness might not be appropriate.
VI.
A.
Conclusions
Israel
89.
A lack of cooperation hampered the Committee’s assessment of Israel’s
response to the call by the General Assembly to conduct investigations that are
independent, credible and in conformity with international standards into the serious
violations of IHL and IHRL reported by the United Nations Fact-Finding Mission on
the Gaza Conflict. The Committee’s bases of information are insufficient for a
definitive assessment. Consequently, the Committee is not in a position to establish
whether the investigations carried out by Israel met international standards of
independence, impartiality, thoroughness, effectiveness and promptness.
90.
The Committee acknowledges that there are mechanisms in place within the
Israeli legal order to investigate allegations of war crimes. It accepts that military as
well as civilian investigative bodies may inquire into such crimes so long as the
investigations conform to international standards. Investigations into allegations of
violations of either IHL or IHRL should meet the universal criteria of independence,
impartiality, thoroughness, effectiveness and promptness, subject to the constraints of
armed conflict.
91.
The actual operation of Israel's military investigations system raises concern in
the present context. Specifically, the Committee concludes that the dual role of the
Military Advocate General (MAG) to provide legal advice to IDF with respect to the
planning and execution of “Operation Cast Lead” and to conduct all prosecutions of
alleged misconduct by IDF soldiers during the operations in Gaza raises a conflict of
interest, given the Fact-Finding Mission’s allegation that those who designed, planned,
ordered and oversaw the operation were complicit in IHL and IHRL violations. This
bears on whether the MAG can be truly impartial – and, equally important, be seen to
be truly impartial – in investigating these serious allegations.
92.
The Israeli investigators did not always undertake steps to inform victims,
witnesses and their legal representatives of the progress of their inquiries, nor did they
consistently treat victims with dignity and courtesy. Transparency in reporting
progress and results of investigations and access to justice for victims are
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