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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents