A/HRC/15/50
73.
The Commission set out the limitations impeding its work, including the fact that it
was unable to travel to the Gaza Strip. While these limitations affected the thoroughness of
its work, the Commission was able to interview victims, witnesses and representatives of
human rights organizations in the Gaza Strip by videoconference.89 However, it is unclear
to what extent its report will lead to criminal investigations and prosecutions there.
74.
The Committee also has some concerns about the promptness of the investigations.
The FFM report published allegations of violations in September 2009. Yet the
Commission was established only in January 2010, presumably in response to General
Assembly resolution 64/10 (para. 4) rather than to the FFM report itself. This delays the
start of criminal investigations and prosecutions. That said, the Committee observes that the
Commission undertook a task of significant proportions with reasonable expedition so that
it was able to submit its results to the Secretary-General in a timely manner.
75.
Finally, the Committee emphasizes that investigations are only the first step to
achieving accountability for alleged human rights violations and that the prosecution of
perpetrators, as well as the provision of an effective remedy to those whose rights have
been violated, should follow promptly. At the time of writing, the Committee had not
received any information to indicate that criminal investigations or prosecutions were
actually under way in the West Bank. On 6 September 2010, the Committee received a
copy of a letter sent by the Prime Minister, Mr. Sallam Fayyad, to the Chair of the
Commission, Mr. Issa Abu-Sharar, reiterating the commitment of the Council of Ministers
“to the full implementation of the recommendations contained [in the Commission’s report]
towards respecting and ensuring respect of human rights and public freedoms in Palestine”.
The Committee strongly encourages the Palestinian Authority to live up to this commitment
through prompt and effective prosecutions where appropriate.
B.
The de facto Gaza authorities
76.
The de facto Gaza authorities established two committees in response to General
Assembly resolution 64/254. The United Nations received the report of the first Committee
in January 2010 and the report of the second in August 2010 (see footnote 4 above).
77.
The first Committee was an entirely governmental body headed by the Minister of
Justice of the de facto Gaza authorities. The other Committee members were members of
the Prime Minister’s Legal Council, the Under-Secretary of the Ministry of Foreign Affairs,
the Under-Secretary of the Ministry of Justice, the Chair of the Military Jurisdiction
Authority, the Public Prosecutor, the Head of the Central Documentation Committee, a
Judge of the Court of Appeal, the Director-General of Legal Affairs at the Ministry of
Justice, the Director-General of Fatwa and Legislation, the Director-General of the
Legislative Council, and the General Controller of the Ministry of the Interior. Its report
focused entirely on Israeli Government policy vis-à-vis the Gaza Strip and the conduct of
Israeli military troops during the Gaza conflict.
78.
It did not carefully consider the violations allegedly perpetrated by the de facto Gaza
authorities or associated armed groups. However, in its report, it stated that all claims
concerning the conduct of the de facto Gaza authorities and armed groups should be
directed to the Office of the Prosecutor-General.
79.
The report, while submitted as a response to the FFM report, did not discuss the
Fact-Finding Mission’s recommendations in detail, nor did it propose measures to address
alleged violations committed by the de facto Gaza authorities or the armed groups under its
89
20
Ibid., para. 66.
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