A/HRC/15/50 I. Introduction 1. By its resolution 13/9, the Human Rights Council decided, in the context of the follow-up to the report of the International Independent Fact-Finding Mission (hereinafter FFM report),1 “to establish a committee of independent experts in international humanitarian and human rights laws to monitor and assess any domestic, legal or other proceedings undertaken by both the Government of Israel and the Palestinian side, in the light of General Assembly resolution 64/254, including the independence, effectiveness, genuineness of these investigations and their conformity with international standards”. 2. On 14 June 2010, the High Commissioner for Human Rights announced the appointment of Mr. Christian Tomuschat, Professor Emeritus at Humboldt University Berlin, former member of the United Nations Human Rights Committee and the International Law Commission (President in 1992), as Chair of the Committee. The other two members were: Judge Mary McGowan Davis, former Justice of the Supreme Court of the State of New York and former federal prosecutor, who has advised widely on international justice issues, including for the International Criminal Tribunal for Rwanda and the International Criminal Court; and Mr. Param Cumaraswamy, jurist and former Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers. 3. The Office of the United Nations High Commissioner for Human Rights (OHCHR) established a secretariat to support the Committee. 4. The present report is submitted to the Human Rights Council pursuant to its resolution 13/9. II. Mandate and approach A. Mandate 5. The Committee interpreted its mandate by reading Human Rights Council resolution 13/9 in conjunction with General Assembly resolution 64/254, in which the General Assembly reiterated its call upon the Government of Israel and the Palestinian side to conduct investigations “that are independent, credible and in conformity with international standards into the serious violations of international humanitarian and international human rights law reported by the [United Nations] Fact-Finding Mission [on the Gaza Conflict], towards ensuring accountability and justice”. 6. The Committee understood “domestic, legal or other proceedings” to refer to investigations, disciplinary proceedings and prosecutions undertaken by either military or civil justice systems. In accordance with the General Assembly’s resolution, the Committee’s primary focus was on those proceedings related to the serious violations alleged in the FFM report. However, the reference to “any” proceedings in the Human Rights Council’s resolution meant that the Committee was not restricted to the allegations in the FFM report but could review proceedings pertaining to any incident connected to the military operations in Gaza. Additionally, the Committee looked into specific legal issues of institutional responsibility and reform processes relating to the legal regime of armed 1 A/HRC/12/48. 3

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