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 5

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