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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