A/HRC/5/20 page 7 15. The High-Level Mission is fully cognizant of the fact that the bombing of Beit Hanoun occurred in a broader context of conflict, human rights violations and political impasse. The High-Level Mission realizes that time has passed since then and that the incident seems to have been overtaken by subsequent events in Gaza. However, the High-Level Mission considers the Beit Hanoun incident and its aftermath to be symptomatic of the apparently unending cycle of extreme violence and violations of civil, cultural, economic, political and social rights. As such its relevance continues. The High-Level Mission would like to use this opportunity to stress, as others have before it, that the process towards peace must operate within a framework of international law and be guided by respect for the Charter of the United Nations, international human rights law and international humanitarian law. 16. The bombing of Beit Hanoun resulted in the death and injury of civilians and as such raises the issue of protection of civilians in armed conflict. The High-Level Mission reiterates the position that the people of Gaza must be afforded protection in compliance with international law and, above all, the Fourth Geneva Convention on the protection of civilian persons in time of war, of 12 August 1949. The IDF must place at the centre of their decision-making and activities in the occupied Palestinian territories the consequences of the use of force on civilians. This includes the use of artillery in densely populated areas such as Gaza. 17. The Government of Israel claimed that the bombing of Beit Hanoun had occurred as a result of a “technical failure by the Israeli military” relating to aiming devices or radar, and expressed its regret for the loss of civilian life. The High-Level Mission recommends that Israel indicate publicly, and no later than the sixth session of the Council, the steps it has taken to ensure that an incident such as that at Beit Hanoun does not occur again. 18. The issues of accountability and impunity lie at the heart of incidents such as the bombing of Beit Hanoun. Regardless of whether the casualties at Beit Hanoun were caused by a mistake, recklessness, criminal negligence or were wilful, those responsible must be held accountable. 19. The lack of accountability for those firing Qassam rockets indiscriminately on civilian areas in Israel, as well as a lack of accountability for civilian deaths caused by Israeli military activities in Gaza have resulted in a culture of impunity on both sides. As in many other parts of the world, this culture of impunity begets further human rights violations. The High-Level Fact-Finding Mission calls on the Israeli and Palestinian authorities to ensure accountability for the commission of crimes, human right violations and violations of international humanitarian law. All incidents must be investigated in a prompt, transparent and independent manner, alleged perpetrators be prosecuted and those convicted be punished, and that appropriate avenues for adequate redress are offered to the victims. First steps would be an independent, impartial and public investigation into the bombing of Beit Hanoun and reparations for the loss of life and livelihood, injury, and damage to property. Similarly, a mechanism must be established to bring to account those responsible for the launching of rockets towards Israeli towns. 20. The aftermath of the bombing of Beit Hanoun raised the issue of the right to access to emergency health care for injuries sustained by victims. The High-Level Mission notes

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