A/HRC/29/52
78.
The commission’s investigations also raise the issue of why the Israeli
authorities failed to revise their policies in Gaza and the West Bank during the period
under review by the commission. Indeed, the fact that the political and military
leadership did not change its course of action, despite considerable information
regarding the massive degree of death and destruction in Gaza, raises questions about
potential violations of international humanitarian law by these officials, which may
amount to war crimes. Current accountability mechanisms may not be adequate to
address this issue.
79.
With regard to Palestinian armed groups, the commission has serious concerns
with regard to the inherently indiscriminate nature of most of the projectiles directed
towards Israel by these groups and to the targeting of civilians, which violate
international humanitarian law and may amount to a war crime. The increased level
of fear among Israeli civilians resulting from the use of tunnels was palpable. The
commission also condemns the extrajudicial executions of alleged “collaborators”,
which amount to a war crime.
80.
The Palestinian authorities have consistently failed to ensure that perpetrators
of violations of international humanitarian law and international human rights law
are brought to justice. The commission is concerned that continuing political divisions
contribute significantly to the obstruction of justice for victims of violations by
Palestinian armed groups. The absence of measures to initiate criminal proceedings
against alleged perpetrators calls into question the stated determination of the
Palestinian Authority to achieve accountability. In accordance with their legal
obligations, the authorities must take urgent measures to rectify this long-standing
impunity.
81.
Comprehensive and effective accountability mechanisms for violations
allegedly committed by Israel or Palestinian actors will be a key deciding factor of
whether Palestinians and Israelis are to be spared yet another round of hostilities and
spikes in violations of international law in the future.
B.
Recommendations
82.
The persistent lack of implementation of recommendations – made by previous
commissions of inquiry, fact-finding missions, United Nations treaty bodies, special
procedures and other United Nations bodies, in particular the Secretary-General and
OHCHR – lies at the heart of the systematic recurrence of violations in Israel and the
Occupied Palestinian Territory. Bearing in mind this wealth of guidance, the
commission will not elaborate an exhaustive list of recommendations, which would
repeat concerns registered by other bodies. Rather, it calls upon all duty bearers to
implement fully all recommendations made by the above-mentioned bodies without
delay in order to avert a crisis similar to that of summer 2014 in the future.
83.
The commission calls upon all parties to fully respect international
humanitarian law and international human rights law, including the main principles
of distinction, proportionality and precaution, and to establish promptly credible,
effective, transparent and independent accountability mechanisms. The right of all
victims to an effective remedy, including full reparations, must be ensured without
further delay. In this context, the parties should cooperate fully with the preliminary
examination of the International Criminal Court and with any subsequent
investigation that may be opened.
84.
The commission also calls upon Israelis and Palestinians to demonstrate
political leadership by both refraining from and taking active steps to prevent
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