A/HRC/10/22
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assiduous conduct should make a party more willing to be subject to scrutiny. Similarly, the
suggestion that international monitors lack the expertise or the information required to evaluate
compliance precisely begs the question. If accepted, such a critique would undermine the entire
concept of international accountability and leave States and others as the only ones qualified to
judge their own compliance. Rather than the rule of law, this would be the law of the jungle.
94. While the Israeli military operation in Gaza was but one episode in a long-standing,
complex and highly contentious conflict, these characteristics make it more, rather than less,
imperative that there be full accountability in relation to alleged violations. The alternative is
de facto impunity, which mocks the international legal order, makes hollow the international
obligations undertaken and reaffirmed by the parties, increases the likelihood of more flagrant
violations in the future, and poisons the prospects for an eventual solution to the conflict.
95. The accountability record to date of both sides should give the Council cause for deep
concern. The Special Rapporteur has been requesting an invitation to visit the Occupied
Palestinian Territory since June 2006. In that year, the Palestinian Authority issued an invitation
but Israel has not done so, despite a series of follow-ups. Specific incidents raised in the context
of communications from the Special Rapporteur addressed to Israel have generally drawn either
no response or an unsatisfactory one.
96. The responses at the national level to calls for accountability have also been disappointing.
Hamas, for its part, has given no indication of its willingness to investigate or respond to
allegations directed at it. Israel has announced several inquiries into specific incidents, but these
are being undertaken by the military authorities themselves, and the track record of the many
such inquiries launched in the past is consistently problematic. During the conflict, Israel refused
entry to Gaza to journalists and representatives of international non-governmental organizations
seeking to monitor the conduct of hostilities. At the end of the invasion, the Prime Minister of
Israel, Ehud Olmert, was widely quoted as having promised to provide “State protection” to
military personnel who might face foreign war crimes prosecutions, stating that Israel would
assist them on that front and defend them. Foreign prosecutions would, however, be both
unnecessary and unsustainable if Israel were to honour its obligations to undertake credible
investigations and, where appropriate, undertake domestic prosecutions.
97. Several issues of concern that need thorough investigation were brought to the attention of
the Special Rapporteur. These include, inter alia, violations of the principles of conduct of
hostilities, the targeting of Palestinian police and members of the Hamas political wing not
taking part in hostilities, and the questionable use of certain weapons in densely populated areas,
including white phosphorous shells, 155 mm shells and flechette shells. He is also concerned by
credible reports of extrajudicial executions of Palestinians attributed to Hamas security forces
during the conflict.
98. The above developments highlight the imperative need for the Israeli authorities and those
of Hamas to cooperate fully with international endeavours to establish accountability in relation
to the conflict. Recognition of such accountability should also include facilitating a visit by the
appropriate special rapporteurs.
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