A/HRC/15/50
to the Implementation of the United Nations Fact-Finding Mission Report in Gaza. In
addition, it met the three national members of a second investigation committee, the
Independent Legal Committee to Monitor Implementation of the United Nations FactFinding Report Recommendation on Gaza Conflict, as well as the Prosecutor-General. The
Committee is grateful for the assistance extended to it while in Gaza.
12.
The Committee also sought the cooperation of the Government of Israel. On 22 June
2010, its Chair wrote to the Permanent Representative of Israel requesting a meeting and
they met, on 30 June 2010. As the possibility of cooperation between Israel and the
Committee was left open at that meeting, the Chair wrote again to the Permanent
Representative on 30 June seeking Israel’s cooperation, including by providing access to
Israel, the Gaza Strip, the West Bank and East Jerusalem. The Chair requested a response
by 6 July 2010. On 8 July 2010, the Chair wrote to the Permanent Representative inviting
the Government of Israel to make official submissions to the Committee describing the
domestic, legal and other proceedings it had undertaken in response to the FFM report. The
Chair wrote again to the Permanent Representative on 12 July 2010 reiterating his request
for cooperation and asking for a response to the letter of 30 June by 15 July 2010. The
Committee did not receive a response. On 3 August 2010, the Chair wrote to the Permanent
Representative noting the Committee’s intention to travel to the Gaza Strip through an
alternative route, given its inability to enter Gaza through Israel. On 5 August 2010, the
Chair sent a letter to the Permanent Representative requesting a meeting and, on 12 August
2010, they met to discuss the Committee’s work. On 24 August 2010, the Chair wrote to
the Permanent Representative requesting a telephone conference with the Military
Advocate General to discuss matters related to the Committee’s mandate. On 31 August
2010, the Permanent Representative of Israel contacted the Chair to suggest that
governmental legal representatives might meet the Committee. The Committee spoke with
the Permanent Representative on 1 September to express its great interest in this possibility.
The Committee received no further communication from the Permanent Representative and
in fact never received any official responses to its efforts to reach out to the Government of
Israel. The Committee deeply regrets the lack of cooperation from the Government of
Israel.
13.
The Committee met many witnesses and victims. In its view, their experience in
accessing investigatory bodies provides an important perspective on the operation of such
bodies. Given the restricted time available in the Gaza Strip, the Committee met a
representative group of victims and witnesses concerning the following incidents: the attack
on al-Quds hospital; attacks on the houses of Ateya al-Samouni and Wa’el al-Samouni in
Zeytoun; the killing of Majda and Rayya Hajaj; the shooting of Amal, Souad, Samar and
Hajja Souad Abd Rabbo; the shooting of Rouhiyah al-Najjar; the attack on the al-Daya
family house; the destruction of el-Bader flour mill; the alleged use of Abbas Ahmad
Ibrahim Halawa and Mahmoud Abd Rabbo al-Ajrami as human shields; and deprivation of
liberty and ill-treatment in the al-Atatra sandpits.5
14.
Finally, the Committee consulted experts in various fields related to its mandate,
principally those with knowledge about military justice systems and the international
standards relevant to investigations during armed conflict. The discussions were informal in
nature and provided a means for the Committee to deepen its understanding of the legal and
military issues underlying the mandate and to supplement the available written materials.
15.
The totality of this information has provided the basis for the Committee’s efforts to
implement its mandate “to assess” domestic, legal or other proceedings undertaken by
5
A/HRC/12/48, paras. 596–629, 706–735, 764–769, 770–779, 780–787, 844–866, 913–941, 1064–
1075, 1076–1085, 1112–1126.
5
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