A/HRC/34/38 40. The application of two different legal systems in the same territory, on the sole basis of nationality or origin, is inherently discriminatory. 86 It also violates the principle of equality before the law, which is central to the right to a fair trial. 87 The application of Israeli domestic law to settlers and of Israeli military law to Palestinians in the West Bank also raises concerns regarding the obligation of the occupying power to respect the laws in force in the territory it occupies, unless it is absolutely prevented from doing so. 88 B. Obligations of all parties related to the conduct of hostilities 41. Since 2007, there have been three major escalations in Gaza, which have resulted in 3,808 Palestinian fatalities, including 928 children. 89 During the most recent escalation of hostilities, in July and August 2014, 1,460 civilians, including 556 children, were killed, and 82 hospitals and 295 schools were either destroyed or damaged. In total, 90 Israelis, including 11 civilians, were killed.90 42. More than two years after the 2014 escalation of hostilities, serious concerns persist concerning the lack of accountability by the Israeli and Palestinian authorities with regard to alleged violations of international humanitarian law, including alleged war crimes, and violations and abuses of international human rights law. No meaningful investigation has been announced by the Palestinian authorities so far. 91 A high number of cases involving the Israel Defense Forces will not be subject to criminal investigation as they were closed by the Office of the Israeli Military Advocate General for lack of reasonable grounds for suspicion of criminal behaviour, despite serious allegations. 92 When investigations are opened, concerns remain as to whether they meet human rights standards, especially in view of the small number and the low rank of alleged perpetrators that are eventually brought to justice, facing mainly lenient indictments and sentences. 93 As for civil remedies, victims have no prospect for compensation either. 94 This overall lack of accountability contributes to fuelling the conflict. C. Further recurrent human rights violations in the Occupied Palestinian Territory Impunity as a driver of violations 43. Despite various measures taken by Israel to address impunity, 95 the failure to ensure accountability creates an environment of impunity where victims and families have little or no redress, which may encourage further abuses on all sides. 86 87 88 89 90 91 92 93 94 95 10 assaulting a soldier. See Association for Civil Rights in Israel, One Rule, Two Legal Systems: Israel’s Regime of Laws in the West Bank (November 2014) and B’Tselem, “Dual system of law”, 1 January 2011. International Covenant on Civil and Political Rights, art. 2. Ibid., art. 14. Convention respecting the Laws and Customs of War on Land, art. 43, and Fourth Geneva Convention, art. 64. The possible passage of a bill in the Knesset that would enable the retroactive legalization of outposts built on Palestinian-owned land is of additional concern, as it would be the first time that the Knesset enacts legislation to be specifically applied in the West Bank. Figures from the Office for the Coordination of Humanitarian Affairs. A Thai national was also killed. The report of the Palestinian Independent National Committee established to follow up on the recommendations addressed to the Palestinian Authority by the independent commission of inquiry established pursuant to Human Rights Council resolution S-21/1 (see A/HRC/29/52) was reportedly handed over to the Palestinian President on 8 January 2017. Israel Defense Forces, “Decisions regarding exceptional incidents that occurred during Operation Protective Edge”. See A/71/364, paras. 38-41. See A/71/364, para. 40. Ibid., paras. 56-57. See CAT/C/ISR/5 and A/71/364, paras. 61-63.