A/HRC/5/20
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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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