A/HRC/35/19/Add.1 Palestinian property.”9 He specifically cited the main issues, indicating that “Shortcomings in the Israeli justice system […] include physical, financial, legal and procedural barriers that restrict the ability of Palestinians, particularly those living in Gaza, to access justice.”10 13. Contrary to the request to conduct investigations into all credible allegations, the Secretary-General noted that “Significantly, findings suggest there to be a consistent failure by the Military Advocate-General […] and the Attorney General to open investigations in all cases where prima facie evidence, including eye-witness testimony, medical reports or audio-visual materials indicate that actions by State agents were unlawful.”11 14. Concerning independence and impartiality, both the 2014 Gaza Commission of Inquiry 12 and the 2010-11 Committee of Experts 13 noted that “a central failing of the investigation system stems from the dual responsibilities of the MAG, both as the legal advisor to the Chief of General Staff and other military authorities and as the supervisor of disciplinary law and of criminal investigations in the military.” 14 These bodies also recognized that the civilian judicial oversight by the Attorney General and the Supreme Court over decisions of the Military Advocate-General was a safeguard to preserve independence.15 In practice, however, the Commission of Inquiry found that the High Court generally shied away from intervening in policies set by the Military Advocate-General and had “rarely overturned a decision by the Military Advocate-General.” 16 In 2016, the Secretary-General similarly reported to the General Assembly that “[…] the oversight is limited and often fails to review the legality of the policies themselves or the orders issued at the highest levels.” 17 The Committee of Experts found that the Military AdvocateGeneral was not an appropriate mechanism for the review of policy decisions. 15. The following paragraphs provide examples of the assessments carried out to determine whether investigations are “independent, transparent, impartial, thorough, prompt, and effective” as requested by the recommendation 16. The judicial process and conviction by a military tribunal of Sergeant El-Or Azaria was subject to political pressure. He was convicted for the manslaughter of Abdel Fattah alSharif – a Palestinian who was incapacitated after being shot for allegedly stabbing an Israeli soldier. His killing was documented in a video circulated by B’Tselem. Media coverage, replete with high-level political figures commenting on the case, illustrated the pressure on the justice system. Prime Minister Benjamin Netanyahu, who reportedly indicated his support for the soldier to be pardoned, declared: “We have one army which is the foundation of our existence. The IDF soldiers are the sons and daughters of all of us, and they must remain above all disagreements.”18 Following the many high-level political statements supporting Sergeant Azaria, the Minister of Defence called “all ministers to show restraint”, warning that “slogans” were “self-serving, and not for the benefit of Azaria.”19 17. Regarding transparency, the five updates published about preliminary examinations by the Israeli Fact-finding Assessment Mechanism and investigations are encouraging but insufficient. As observed by the 2014 Gaza Commission of Inquiry: “Information currently made available is welcome, but is insufficient to allow for effective public and international scrutiny.” 20 The The Commission further underscored the requirement of transparency, 9 A/71/364 para. 39. A/71/364 para. 40. 11 A/71/364 para. 40. 12 A/HRC/RES/S-21/1. 13 A/HRC/RES/13/9. 14 A/HRC/29/CRP.4 para. 619. 15 A/HRC/29/CRP.4 para. 622, A/HRC/16/14 para. 41. 16 A/HRC/29/CRP.4 para. 623. 17 A/71/364, para. 50. 18 E.g. www.jpost.com/Israel-News/Politics-And-Diplomacy/Netanyahu-calls-to-pardon-Elor-Azariaafter-Hebron-manslaughter-conviction-477459, www.theguardian.com/world/2017/jan/04/israelisoldier-guilty-manslaughter-shooting-palestinian-elor-azaria-abdel-fattah-al-sharif. 19 See www.timesofisrael.com/liberman-ministers-should-keep-quiet-about-azaria-pardon/ 20 A/HRC/29/CRP.4, para. 629. 10 6