A/HRC/18/49
rights law reported by the Mission, and any other serious allegations that might come to its
attention;
(b)
Inform the Security Council, within a further period of three months, of
actions taken, or in the process of being taken, by the Government of Israel to inquire into,
investigate and prosecute such serious violations.
15.
To date, the Security Council has not directed such a request to the Government of
Israel.
16.
In paragraph 1969 (b) of its report, the Mission further recommended that the
Security Council should at the same time establish an independent committee of experts in
international humanitarian and human rights law to monitor and report on any domestic
legal or other proceedings undertaken by the Government of Israel in relation to the abovementioned investigations. The Mission also recommended that such a committee should
report at the end of its six-month period to the Security Council on its assessment of
relevant domestic proceedings initiated by the Government of Israel, including their
progress, effectiveness and genuineness, so that the Security Council may assess whether
appropriate action to ensure justice for victims and accountability for perpetrators has been
or is being taken at the domestic level; that the Security Council should request the
committee to report to it at determined intervals, as may be necessary; and that the
committee should be appropriately supported by the Office of the United Nations High
Commissioner for Human Rights (OHCHR).
17.
To date, the Security Council has not established such a committee.3
18.
In paragraph 1969 (d) of its report, the Mission recommended that the Security
Council should require the said independent committee of experts to monitor and report on
any domestic legal or other proceedings undertaken by the relevant authorities in the Gaza
Strip in relation to the above-mentioned investigations and that the committee should report
at the end of the six-month period to the Security Council on its assessment of relevant
domestic proceedings initiated by the relevant authorities in Gaza, including their progress,
effectiveness and genuineness, so that the Security Council might assess whether
appropriate action to ensure justice for victims and accountability for perpetrators had been
taken or was being taken at the domestic level. The Mission also recommended that the
Security Council should request the committee to report to it at determined intervals, as
might be necessary.
19.
In paragraphs 1969 (c) and (e) of its report, the Mission further recommended that,
upon receipt of the committee’s report, the Security Council should consider the situation
and, in the absence of good-faith investigations that are independent and in conformity with
international standards having been undertaken or being under way within six months of
the date of its resolution under Article 40 by the appropriate authorities of Israel or the
relevant authorities in Gaza, respectively acting under Chapter VII of the Charter of the
3
The Human Rights Council, in its resolution 13/9, decided to establish a committee of independent
experts in international humanitarian and human rights laws to monitor and assess any domestic, legal
or other proceedings undertaken by both the Government of Israel and the Palestinian side, in the
light of General Assembly resolution 64/254, including the independence, effectiveness and
genuineness of these investigations and their conformity with international standards. In accordance
with that same resolution, the Committee of Independent Experts presented its report to Human
Rights Council at its fifteenth session (A/HRC/15/50). In its resolution 15/6, the Council welcomed
the Committee’s report and decided to renew and resume the mandate of the Committee. In
accordance with that same resolution, the Committee of Independent Experts presented its report to
the Council at its sixteenth session (A/HRC/16/24). In its resolution 16/32, the Council took note of
the Committee’s two reports and called for the implementation of the conclusions contained therein.
5
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