A/HRC/13/55
Prosecutor had not yet made a determination whether, in his view, any cases relating to
such crimes would be admissible before the Court.3
D.
Action by the General Assembly
23.
In paragraph 1971 of its report, the Mission addressed four recommendations to the
General Assembly.
24.
In paragraph 1971 (a) of its report, the Mission recommended that “the General
Assembly should request the Security Council to report to it on measures taken with regard
to ensuring accountability for serious violations of international humanitarian law and
human rights in relation to the facts in this report and any other relevant facts in the context
of the military operations in Gaza, including the implementation of the Mission’s
recommendations. The General Assembly may remain appraised of the matter until it is
satisfied that appropriate action is taken at the domestic or international level in order to
ensure justice for victims and accountability for perpetrators. The General Assembly may
consider whether additional action within its powers is required in the interests of justice,
including under its resolution 377 (V) on uniting for peace”.
25.
To date, the General Assembly has not directed such a request to the Security
Council.
26.
In paragraph 1971 (b) of its report, the Mission recommended to the General
Assembly that it “should establish an escrow fund to be used to pay adequate compensation
to Palestinians who have suffered loss and damage as a result of unlawful acts attributable
to Israel during the December-January military operation and actions in connection with it,
and that the Government of Israel should pay the required amounts into such fund. The
Mission further recommends that the General Assembly should ask the Office of the United
Nations High Commissioner for Human Rights to provide expert advice on the appropriate
modalities to establish the escrow fund”.
27.
To date, the General Assembly has not established such a fund.
28.
In paragraph 1971 (c) of its report, the Mission recommended that “the General
Assembly should ask the Government of Switzerland to convene a conference of the high
contracting parties to the Fourth Geneva Convention of 1949 on measures to enforce the
Convention in the Occupied Palestinian Territory and to ensure its respect in accordance
with its article 1”.
29.
In paragraph 5 of its resolution 64/10 of 5 November 2009, the General Assembly
“recommend[ed] that the Government of Switzerland, in its capacity as depository of the
Geneva Convention relative to the Protection of Civilian Persons in Time of War,
undertake as soon as possible the necessary steps to reconvene a Conference of High
Contracting parties to the Fourth Geneva Conventions on measures to enforce the
Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure
its respect in accordance with common article 1”. In a subsequent communication to the
Secretary-General, the Government of Switzerland provided an update on the preliminary
consultations it had undertaken to this end.4
3
4
6
See “Letter to the UN High Commissioner on Human Rights”, 12 January 2010, available at
www.icc-cpi.int/menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/
comm%20and%20ref/palestine/12%20january%202010%20_%20letter%20to%20the%20un%20high
%20commissioner%20on%20human%20rights.
A/64/651, Annex III.
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