A/HRC/15/51
C.
Action by the Prosecutor of the International Criminal Court
19.
In paragraph 1970 of its report, the Mission stated that, with reference to the
declaration under article 12 (3) of the Rome Statute received by the Office of the
Prosecutor of the International Criminal Court from the Government of Palestine, it
considered that accountability for victims and the interests of peace and justice in the
region required that the Prosecutor should make the required legal determination as
expeditiously as possible.
20.
In a letter dated 22 July 2010 addressed to the Deputy High Commissioner for
Human Rights, the Office of the Prosecutor of the International Criminal Court stated that
the Prosecutor had not, to date, made a determination of whether, in his view, the Court had
jurisdiction in respect of any crimes referred to in article 5 of the Rome Statute that may
have been committed in the Gaza Strip between December 2008 and January 2009. The
Office of the Prosecutor noted that it had received submissions on the issue from
Palestinian and Israeli authorities, as well as from other entities,5 and that a determination
would be made once the Office was satisfied that all relevant arguments had been collected
and considered.
D.
Action by the General Assembly
21.
In paragraph 1971 of its report, the Mission addressed four recommendations to the
General Assembly. The Mission recommended that the Assembly should request the
Security Council to report to it on measures taken with regard to ensuring accountability for
serious violations of international humanitarian law and human rights in relation to the facts
in its report and any other relevant facts in the context of the military operations in Gaza,
including the implementation of the Mission’s recommendations. The Assembly could
remain apprised of the matter until it was satisfied that appropriate action had been taken at
the domestic or international level in order to ensure justice for victims and accountability
for perpetrators. The Assembly could also consider whether additional action within its
powers was required in the interests of justice, including under its resolution 377 (V) on
uniting for peace.
22.
To date, the General Assembly has not directed such a request to the Security
Council (see paragraph 4 above).
23.
In paragraph 1971 (b) of its report, the Mission recommended that the General
Assembly should establish an escrow fund to be used to pay adequate compensation to
Palestinians who have suffered loss and damage as a result of unlawful acts attributable to
Israel during the December-January military operation and actions in connection with it,
and that the Government of Israel should pay the required amounts into such fund. The
Mission also recommended that the Assembly should ask OHCHR to provide expert advice
on the appropriate modalities to establish the escrow fund.
24.
5
6
6
To date, the General Assembly has not established such a fund.6
A summary of the submissions is available at www.icccpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/Comm+and+Ref/Palestine/.
In paragraph 8 of its resolution 13/9, the Human Rights Council called upon the High Commissioner
to explore and determine the appropriate modalities for the establishment of an escrow fund for the
provision of reparations to the Palestinians who suffered loss and damage as a result of the unlawful
acts attributable to the State of Israel during the military operation conducted from December 2008 to
January 2009. See also the report of the High Commissioner on the follow-up to the report of the
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