A/HRC/13/54
investigation into one of the most serious incidents of Operation Cast Lead — relating to
the death of over 20 people in the Al Samouni family home in Zeitoun — was not opened
until November 2009.26
21.
The High Commissioner notes that neither criminal nor command investigations are
adequate to investigate whether policies, rules of engagement or orders that guided ISF
during Operation Cast Lead were in violation of international law, or the responsibility of
relevant senior officials – military or civilian. An independent inquiry into these matters is
required, in addition to the investigation of specific incidents, for an effective right to
remedy.
Palestinian initiatives
22.
On 25 January 2010, the Palestinian Authority issued a decree27 establishing a
commission to follow up on the report of the United Nations Fact-Finding Mission.
According to the decree, the commission is independent, is comprised of five members, is
authorized to carry out investigations into the violations alleged in the report, will report to
relevant authorities with respect to the outcomes of its activities, and is empowered to
appoint experts and specialists to assist it to fulfil its duties.
23.
The de facto authorities in Gaza state that two committees have been formed to
follow up on the implementation of the recommendations in the report of the United
Nations Fact-Finding Mission on the Gaza Conflict. The de facto authorities in Gaza also
state that the committees are comprised of experts in international law and will immediately
and independently follow up on the allegations of violations of international humanitarian
law contained in the Fact-Finding Mission report, in accordance with Palestinian laws and
practices.
24.
There is insufficient information available at this time to draw conclusions regarding
the compliance of responsible Palestinian authorities with the obligation to provide
effective remedies. The High Commissioner notes that, at this point, there is no indication
of credible investigations having taken place. In addition, the late launching of these
initiatives brings into question the commitment of responsible Palestinian authorities to
satisfying the criterion that a remedy be prompt.
B.
Implementation of the recommendations of the United Nations FactFinding Mission on the Gaza Conflict
25.
The Secretary-General has submitted a report to the Human Rights Council on the
status of implementation of paragraph 3 of Council resolution S-12/1 (A/HRC/13/55). The
Secretary-General’s report provides information on the implementation of the
recommendations of the United Nations Fact-Finding Mission.
26
27
GE.10-12152
See also communication No. 587/1994 (CCPR/C/59/D/587/1994); communication No. 599/1994
(CCPR/C/57/D/599/1994), para. 9; and report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment (E/CN.4/2004/56), para. 39. See also Cantoral
Benavides v. Peru, judgement of 18 August 2000, Inter-American Court of Human Rights (Ser. C)
No. 69 (2000) and concluding observations of the Committee against Torture: Egypt
(CAT/C/CR/29/4), para. 5 (b).
Israel, “Gaza operation investigations”, paras. 124 and 125.
Palestinian Authority, “Decree No. 0105 of 2010 concerning the formation of an independent
commission to follow up the Goldstone Report”.
7
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