A/HRC/15/50
orders on the use of munitions containing white phosphorous is a step forward. In addition,
the Committee notes the establishment of the Turkel Commission, which includes two
international observers.45 Part of its mandate is to examine “the question of whether the
mechanism for examining and investigating complaints and claims raised in relation to
violations of the laws of armed conflict, as conducted in Israel generally,… conform with
the obligations of the State of Israel under the rules of international law”.46
43.
In spite of the many investigations undertaken and the sophisticated nature of
Israel’s military justice system, the Committee has concerns about the investigations
conducted into the Gaza conflict thus far.
Lack of cooperation
44.
As a result of the lack of cooperation from Israel, the Committee could rely only on
three public reports of the Government, supplemented by information from NGOs and
witnesses. The information in the three reports is inadequate as a basis for a reliable
evaluation of the independence, effectiveness and genuineness of investigations into such
serious allegations. The available information is extensive, providing detail on many
investigations although not on all. The Committee would have preferred to speak directly
with investigators to assess the thoroughness and effectiveness of their work. Instead, the
Committee is left with many questions. The fact that it had difficulty verifying whether
Israel had investigated all 36 incidents in the FFM report illustrates the opacity of the
information available. Owing to the lack of cooperation, the Committee is unable to make a
definitive determination as to whether the investigations carried out by Israel meet the
criteria in resolution 13/9.
45.
First, in some cases, the Committee could not ascertain whether Israel had met its
duty to investigate in relation to all 36 incidents. For example, the Committee was unable to
find any information as to whether or not an investigation into the death of Muhammad
Hajji and the shooting of Shahd Hajji and Ola Masood Arafat47 was launched. This incident
might have been the subject of one of the 90 command investigations or the first special
command investigation that considered harm to civilians not directly participating in the
hostilities. No reference is made to any investigations into the alleged deprivation of liberty
of AD/02.48 Likewise, the Committee was unable to find information on whether inquires
were made into the allegations of indiscriminate killing of members of the Abu Halima
family49 and instead had to rely on NGO material.50 Cooperation with Israel would have
enabled the Committee to verify that information.
46.
In other cases, it is evident that investigators compiled a good deal of information. A
case in point is the incident at the el-Bader flour mill, destroyed by an air attack.51 The
MAG reopened the investigation upon receiving new evidence and provided further
explanations to support his conclusion that the mill had not been intentionally targeted. The
example illustrates a serious attempt on the part of Israeli investigators to explain what
happened at the flour mill.
45
46
47
48
49
50
51
“Second update”, paras. 158–163.
Ibid., para. 160.
A/HRC/12/48, paras. 745–754.
Ibid., paras. 1127–1142.
Ibid., paras. 788–801.
Human Rights Watch, Turning a Blind Eye: Impunity for Laws-of-War Violations during the Gaza
War (April 2010), p. 40, footnote 132.
A/HRC/12/48, paras. 913–941.
13
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