A/HRC/15/51 15. In paragraph 1969 (b) of its report, the Mission also recommended that the Security Council should, at the same time, establish an independent committee of experts in international humanitarian and human rights law to monitor and report on any domestic legal or other proceedings undertaken by the Government of Israel in relation to the abovementioned investigations. Such a committee should report at the end of its six-month period to the Security Council on its assessment of relevant domestic proceedings initiated by the Government of Israel, including their progress, effectiveness and genuineness, so that the Security Council may assess whether appropriate action to ensure justice for victims and accountability for perpetrators has been or is being taken at the domestic level. The Security Council should request the committee to report to it at determined intervals, as may be necessary. The committee should be appropriately supported by the Office of the High Commissioner for Human Rights (OHCHR). 16. To date, the Security Council has not established such a committee.3 17. In paragraph 1969 (d) of its report, the Mission recommended that the Security Council should require the said independent committee of experts to monitor and report on any domestic legal or other proceedings undertaken by the relevant authorities in the Gaza Strip in relation to the above-mentioned investigations. The committee should report at the end of the six-month period to the Security Council on its assessment of relevant domestic proceedings initiated by the relevant authorities in Gaza, including their progress, effectiveness and genuineness, so that the Security Council may assess whether appropriate action to ensure justice for victims and accountability for perpetrators has been taken or is being taken at the domestic level. The Mission also recommended that the Security Council should request the committee to report to it at determined intervals, as may be necessary. 18. In paragraphs 1969 (c) and (e) of its report, the Mission further recommended that, upon receipt of the committee’s report, the Security Council should consider the situation and, in the absence of good-faith investigations that are independent and in conformity with international standards having been undertaken or being under way within six months of the date of its resolution under Article 40 by the appropriate authorities of Israel or the relevant authorities in Gaza, respectively acting under Chapter VII of the Charter of the United Nations, refer the situation in Gaza to the Prosecutor of the International Criminal Court pursuant to article 13 (b) of the Rome Statute of the International Criminal Court. In paragraph 1969 (f) of its report, the Mission recommended that lack of cooperation by the Government of Israel or the Gaza authorities with the work of the committee should be regarded by the Security Council to be obstruction of the work of the committee. As the Security Council has not established an independent committee of experts, none of these recommended actions has been carried out.4 3 4 In resolution 13/9, the Human Rights Council decided, in the context of the follow-up to the report of the Independent International Fact-Finding Mission, to establish a committee of independent experts 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. The Council also requested the High Commissioner for Human Rights to appoint the members of the committee and to provide them with all necessary administrative, technical and logistical assistance. Accordingly, the High Commissioner appointed Professor Christian Tomuschat (Chairperson), Param Cumaraswamy and Justice Mary McGowan Davis as members of the committee, and established a secretariat to provide the required administrative, technical and logistical assistance (see A/HRC/14/CRP.4). Ibid. 5

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