A/HRC/13/55
month period to the Security Council on its assessment of relevant domestic proceedings
initiated by the Government of Israel, including their progress, effectiveness and
genuineness, so that the Security Council may assess whether appropriate action to ensure
justice for victims and accountability for perpetrators has been or is being taken at the
domestic level. The Security Council should request the committee to report to it at
determined intervals, as may be necessary. The committee should be appropriately
supported by the Office of the United Nations High Commissioner for Human Rights”.
17.
To date, the Security Council has not established such a committee.
18.
In paragraph 1969 (d) of its report, the Mission recommended that “the Security
Council should require the independent committee of experts referred to in [paragraph 1969
(b)] to monitor and report on any domestic legal or other proceedings undertaken by the
relevant authorities in the Gaza Strip in relation to the aforesaid investigations. The
committee should report at the end of the six-month period to the Security Council on its
assessment of relevant domestic proceedings initiated by the relevant authorities in Gaza,
including their progress, effectiveness and genuineness, so that the Security Council may
assess whether appropriate action to ensure justice for victims and accountability for
perpetrators has been taken or is being taken at the domestic level. The Security Council
should request the committee to report to it at determined intervals, as may be necessary”.
19.
In paragraphs 1969 (c) and (e) of its report, the Mission further recommended that
“upon receipt of the committee’s report, the Security Council should consider the situation
and, in the absence of good-faith investigations that are independent and in conformity with
international standards having been undertaken or being under way within six months of the
date of its resolution under Article 40” by the appropriate authorities of the State of Israel
or the relevant authorities in Gaza, respectively, “acting under Chapter VII of the Charter of
the United Nations, refer the situation in Gaza to the Prosecutor of the International
Criminal Court pursuant to article 13 (b) of the Rome Statute” of the International Criminal
Court. In paragraph 1969 (f) of its report, the Mission recommended that “lack of
cooperation by the Government of Israel or the Gaza authorities with the work of the
committee should be regarded by the Security Council to be obstruction of the work of the
committee”.
20.
As the Security Council has not established an independent committee of experts,
none of these recommended actions have been carried out.
C.
Action by the Prosecutor of the International Criminal Court
21.
In paragraph 1970 of its report, the Mission stated that, “with reference to the
declaration under article 12 (3) [of the Rome Statute] received by the Office of the
Prosecutor of the International Criminal Court from the Government of Palestine, [it]
considers that accountability for victims and the interests of peace and justice in the region
require that the Prosecutor should make the required legal determination as expeditiously as
possible”.
22.
By a letter dated 12 January 2010 addressed to the Deputy High Commissioner for
Human Rights, the Office of the Prosecutor of the International Criminal Court stated that
the Prosecutor had not, as of that date, made a determination whether, in his view, the
International Criminal Court has jurisdiction in respect of any crimes referred to in article 5
of the Rome Statute that may have been committed in the Gaza Strip between December
2008 and January 2009. The Office of the Prosecutor additionally noted in its letter that the
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