A/HRC/12/48 (ADVANCE 1)
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122. The Mission concludes that there are serious doubts about the willingness of Israel to
carry out genuine investigations in an impartial, independent, prompt and effective way as
required by international law. The Mission is also of the view that the Israeli system overall
presents inherently discriminatory features that make the pursuit of justice for Palestinian victims
very difficult.
2.
(a)
Proceedings by Palestinian authorities
Proceedings related to actions in the Gaza Strip
123. The Mission found no evidence of any system of public monitoring or accountability for
serious violations of international humanitarian law and human rights law set up by the Gaza
authorities. The Mission is concerned with the consistent disregard for international
humanitarian law with which armed groups in the Gaza Strip conduct their armed activities,
through rocket and mortar fire, directed against Israel. Despite some media reports, the Mission
remains unconvinced that any genuine and effective initiatives have been taken by the authorities
to address the serious issues of violation of international humanitarian law in the conduct of
armed activities by militant groups in the Gaza Strip.
124. Notwithstanding statements by the Gaza authorities and any action that they may have
taken, of which the Mission is unaware, the Mission also considers that allegations of killings,
torture and mistreatment within the Gaza Strip have gone largely without investigation.
(b)
Proceedings related to actions in the West Bank
125. With regard to relevant violations identified in the West Bank, it appears that, with few
exceptions, there has been a degree of tolerance towards human rights violations against political
opponents, which has resulted in a lack of accountability for such actions. The Ministry of
Interior has also ignored the High Court’s decisions to release a number of detainees or to reopen
some associations closed by the administration.
126. In the circumstances, the Mission is unable to consider the measures taken by the
Palestinian Authority as meaningful for holding to account perpetrators of serious violations of
international law and believes that the responsibility for protecting the rights of the people
inherent in the authority assumed by the Palestinian Authority must be fulfilled with greater
commitment
3.
Universal jurisdiction
127. In the context of increasing unwillingness on the part of Israel to open criminal
investigations that comply with international standards, the Mission supports the reliance on
universal jurisdiction as an avenue for States to investigate violations of the grave breach
provisions of the Geneva Conventions of 1949, prevent impunity and promote international
accountability (chap. XXVIII).
4.
Reparations
128. International law also establishes that, whenever a violation of an international obligation
occurs, an obligation to provide reparation arises. It is the view of the Mission that the current
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