A/HRC/15/50
control. The report is not an investigative report, but simply a description of what, in the
view of the de facto Gaza authorities, the situation currently is in the Gaza Strip. It
primarily reiterated the allegations of the FFM report against Israel.
80.
However, the report did announce the establishment of a follow-up Independent
Legal Committee (hereinafter “second Gaza Committee”), composed of three national and
three international experts, to implement the Fact-Finding Mission’s recommendations “in
accordance with international standards.”
81.
This second Gaza Committee90 presented its report to this Committee in Gaza on 15
August 2010. Its national experts were introduced as Gaza-based lawyers with many years’
experience in international law practice. Its three international experts were international
lawyers from Egypt and Saudi Arabia. They were unable to enter the Gaza Strip and were
limited to communicating with the national members by telephone. The Committee accepts
that the de facto Gaza authorities sought to establish an independent body to undertake
investigations.
82.
The second Gaza Committee made field visits, interviewed victims and officials, and
reviewed criminal investigation files. However, its report did not include sufficient
information to demonstrate systematically the steps it took to collect and evaluate evidence.
More details would have shed light on the thoroughness of its investigations.
83.
The second Gaza Committee’s report did give examples of criminal proceedings
related to alleged violations of IHL and IHRL, including a case where a number of
defendants were convicted and imprisoned, while others were given suspended prison
sentences. Some cases were settled out of court between the families involved. While in the
Gaza Strip, the Committee requested the Prosecutor-General to provide it with specific
information about the number and progress of the investigations his Office had undertaken.
His Office subsequently responded in writing, but its submission contained no statistics or
other data substantiating the report’s reference to investigations or prosecutions undertaken
by the de facto Gaza authorities.
84.
The second Gaza Committee’s report stated in addition that all persons detained on
political grounds had been released; Palestinian groups had not deliberately violated the
principle of distinction; there was no credible testimony to support the charge that
Palestinian armed groups had intentionally targeted Israeli civilians when launching rockets
against Israeli targets; mosques and civilian buildings had not been used as storage space or
bases for weapons; and there was no evidence that Palestinians had used civilians as human
shields.
85.
The Committee is not in a position to ascertain the veracity of any of these
assertions.
86.
The Committee also has concerns related to the impartiality of the second Gaza
Committee’s investigations. The report did not seriously address the recommendations by
the Fact-Finding Mission to the de facto Gaza authorities. This is in stark contrast to the
report of the Palestinian Authority’s Commission, which demonstrated a sincere effort on
its part to investigate and expose the culpability of the government authorities. Instead, the
second Gaza Committee – like the first – addressed recommendations to the United Nations
and the international community, while its conclusions concentrated on criticizing Israel’s
policies and actions towards Gaza, rather than on addressing those of the de facto Gaza
authorities. This gives the impression that the investigations sought to deflect attention from
90
Mr. Abdollah Alasha’al (Chair, Egypt); Mr. Basem A’alem (Saudi Arabia); Mr. Mahmood
Almobarak (Saudi Arabia); Mr. Muhammad No’man Elnahhal (Gaza); Mr. Salem Elsaqqa (Gaza);
Mr. Nazem Owaida (Gaza).
21
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