A/HRC/12/48 (ADVANCE 1)
page 23
D.
1.
Accountability
Proceedings and responses by Israel to allegations of violations
by its armed forces against Palestinians
117. Investigations and, if appropriate, prosecutions of those suspected of serious violations are
necessary if respect for human rights and humanitarian law is to be ensured and to prevent the
development of a climate of impunity. States have a duty under international law to investigate
allegations of violations.
118. The Mission reviewed public information and reports from the Government of Israel
concerning actions taken to discharge its obligation to investigate alleged violations
(chap. XXVI). It addressed to Israel a number of questions on this issue, but it did not receive a
reply.
119. In response to allegations of serious violations of human rights law and international
humanitarian law, the Military Advocate General ordered some criminal investigations that were
closed two weeks later concluding that allegations “were based on hearsay”. The Israeli armed
forces also released the results of five special investigations carried out by high-ranking military
officers, which concluded that “throughout the fighting in Gaza, the IDF operated in accordance
with international law”, but the investigations reportedly revealed a very small number of errors.
On 30 July 2009 the media reported that the Military Advocate General had ordered the military
police to launch criminal investigations into 14 cases out or nearly 100 complaints of criminal
conduct by soldiers. No details were offered.
120. The Mission reviewed the Israeli internal system of investigation and prosecution
according to its national legislation and in the light of practice. The system comprises: (a)
disciplinary proceedings; (b) operational debriefings (also known as "operational
investigations"); (c) special investigations, performed by a senior officer at the request of the
chief of staff; and (d) military police investigations, carried out by the Criminal Investigation
Division of the military police. At the heart of the system lies the so-called operational
debriefing. The debriefings are reviews of incidents and operations conducted by soldiers from
the same unit or line of command together with a superior officer. They are meant to serve
operational purposes.
121. International human rights law and humanitarian law require States to investigate and, if
appropriate, prosecute allegations of serious violations by military personnel. International law
has also established that such investigations should comply with standards of impartiality,
independence, promptness and effectiveness. The Mission holds that the Israeli system of
investigation does not comply with all those principles. In relation to the “operational
debriefing” used by the Israeli armed forces as an investigative tool, the Mission holds the view
that a tool designed for the review of performance and to learn lessons can hardly be an effective
and impartial investigation mechanism that should be instituted after every military operation
where allegations of serious violations have been made. It does not comply with internationally
recognized principles of impartiality and promptness in investigations. The fact that proper
criminal investigations can start only after the “operational debriefing” is over is a major flaw in
the Israeli system of investigation.
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