A/HRC/40/43
highly questionable whether the mechanism fulfils the international law requirements of
independence, impartiality and effectiveness. 20
12.
In addition, the latest public update of the Military Advocate General shows the
extent to which he relies on the findings of the mechanism in his decisions. While the
mechanism examines compliance with Israel Defense Forces orders and procedures, it does
not examine the compatibility of such orders and procedures with applicable international
law. In that regard, the reliance of the Military Advocate General on the conclusions of this
fact-finding mechanism, with its limited scope of examination and without the tools
available to criminal police investigators, raises serious concerns about the adequacy and
quality of the Military Advocate General’s decisions concerning possible criminal
behaviour in relation to the cases referred to him. 21
13.
With respect to Palestinian authorities and armed groups, there continues to be no
information made available regarding any steps taken towards ensuring accountability for
international law violations committed by them, as also identified by the commission of
inquiry on the 2014 Gaza conflict. 22 Other than the engagement of the State of Palestine
with the International Criminal Court, no information is available that indicates that any
measures have been taken by the Palestinian authorities to address violations committed
during the 2014 escalation of hostilities. 23 This complete lack of any accountability is of
most serious concern. In accordance with international human rights and humanitarian law,
the State of Palestine must investigate allegations of serious violations of international law
committed on its territory, and prosecute suspects.
B.
Accountability for unlawful use of force
14.
The Secretary-General and the High Commissioner have repeatedly expressed
concern for the prevailing culture of impunity for the excessive use of force by Israeli
security forces outside the context of hostilities. 24 A total of 299 Palestinians were killed,
including 57 children, and 29,878 were wounded, including 7,242 by live ammunition, 25 by
Israeli security forces in 2018 throughout the Occupied Palestinian Territory, amounting to
the highest numbers since the 2014 escalation of hostilities in Gaza. The vast majority of
the killings and injuries occurred outside the context of hostilities, in which circumstances
the use of force is governed by international human rights law and standards regulating the
conduct of law enforcement officials. Of particular concern was the use by Israeli security
forces of lethal force in the context of the Great March of Return demonstrations along the
fence between Gaza and Israel.26
15.
On 30 March 2018, the Secretary-General called for an independent and transparent
investigation into those incidents. 27 That call was echoed on 6 April 2018 by the High
Commissioner28 and three special procedure mandate holders.29 On 8 April 2018, the media
20
21
22
23
24
25
26
27
28
29
“the main findings of the Fact-Finding Assessment Mechanism”, pp. 129–130. Available at
www.mevaker.gov.il/he/Reports/Report_622/3cdfbe36-04fc-4ff2-b2df-33ce258ae838/dabla-eng.pdf).
In terms of independence and impartiality, although the officers in the mechanism are supposed to be
outside the chain of command of the incidents under review, it remains an internal military
examination, where the military is examining its own conduct. The effectiveness of the mechanism is
also questionable given the lack of results of its previous investigations.
See Amichai Cohen and Yuval Shany, “Israel’s Military Advocate General terminates ‘Black Friday’
and other investigations: initial observations”, Lawfare, 27 August 2018.
See A/HRC/29/52.
A/HRC/37/41, para. 17.
See, for example, A/HRC/35/19, paras. 17–18, A/HRC/34/38, para. 48, and A/71/364, para. 66.
According to the Office for the Coordination of Humanitarian Affairs (OCHA), 23,814 persons were
wounded in Gaza and 6,064 in the West Bank.
A/HRC/40/39, paras. 23–24.
See www.un.org/sg/en/content/sg/statement/2018-03-30/statement-attributable-spokesman-secretarygeneral-situation-gaza.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22925&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22924.
5
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