A/HRC/35/19/Add.1
Table 2
Analysis of implementation by party
Implemented
Partially
implemented
Not
implemented
Insufficient
information
No longer
relevant
Total
Israel
2 (0.4%)
20 (3.6%)
499 (90.7%)
28 (5.1%)
1 (0.2%)
550 (100%)
Palestinian
authority
1 (1.3%)
12 (16.0%)
55 (73.3%)
7 (9.3%)
0 (0.0%)
75 (100%)
10 (12.0%)
25 (30.1%)
36 (43.4%)
6 (7.2%)
6 (7.2%)
83 (100%)
United
Nations and
the
International
Community
A.
Accountability and access to justice
10.
Twenty-seven per cent of the recommendations (253) cover accountability and
access to justice, the thematic area with a higher volume of recommendations. Recurrent
issues addressed to both parties relate to compliance with international standards of
investigation in the context of alleged violations of international human rights law and
international humanitarian law; respect for principles of international humanitarian law and
international human rights law during and outside of active hostilities; and access to justice,
fair trial, due process and remedy. This subject also includes recommendations to Israel on
excessive use of force, punitive demolitions and settler violence, and recommendations to
Palestinian duty-bearers on attacks, so-called “honour-killings” and the death penalty,
issues typically raised in conjunction with calls for justice. Two recommendations assessed
below exemplify how recommendations in this category were assessed, including the type
of information considered and rationale for the conclusions that were drawn.
Table 3
Overview of recommendations related to accountability and access to justice
Accountability and investigations for
violations of international humanitarian law
and international human right law
Compliance with international humanitarian
law and international human right law
Death penalty
Cooperation with international mechanisms
Other
Total
Number of
recommendations
Percentage in this
thematic area
Percentage of all
recommendations
154
57.5%
16.6%
97
36.2%
10.4%
4
4
9
268
1.5%
1.5%
3.4%
0.4%
0.4%
1.0%
11.
In his 2013 report on Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including East Jerusalem, the SecretaryGeneral recommended that “The Government of Israel must take all necessary measures to
ensure the accountability of its security forces. It should conduct investigations into all
credible allegations of violations of international humanitarian law and human rights law.
Investigations must be independent, transparent, impartial, thorough, prompt, and effective.
Redress for victims must be ensured.” 8 The various elements are analyzed below in
sequence.
12.
The recommendation requested Israel to take “all necessary measures to ensure the
accountability”. However, in August 2016, the Secretary-General noted how “Various
independent committees of experts as well as international, Israeli and Palestinian human
rights organizations have […] extensively documented the flaws in Israel’s accountability
mechanisms in addressing the killing, injury, torture and ill-treatment and the destruction of
8
A/68/502 para. 48.
5
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