A/HRC/29/52
7.
The commission is grateful to the many victims and witnesses who shared their
experiences and other relevant information. The fact that, despite its repeated requests, the
commission was not granted access to the Occupied Palestinian Territory and Israel posed a
challenge for conducting interviews in person with victims and witnesses and made
viewing the sites where violations were alleged to have been committed impossible. Owing
to the restrictions on movement preventing victims and witnesses from leaving Gaza, the
commission obtained first-hand testimony by means of interviews conducted via Skype,
videoconference and telephone. It conducted confidential interviews with victims and
witnesses from the West Bank in Jordan (in November 2014 and January 2015) and with
victims and witnesses from Israel in Geneva (in January 2015).
8.
The commission and its secretariat conducted more than 280 interviews with victims
and witnesses and received more than 500 written submissions and other documentation
from a wide range of sources (see annexes II and III). It reviewed information publicly
available, including on official websites of the Government of Israel. The commission used
all the information gathered in making its assessments while carefully considering the
credibility and reliability of sources. It gave particular weight to first-hand testimonies,
recognizing the limitations resulting from the fact that the interviews were conducted
remotely, the lapse in time since the incidents, and the possibility of reprisals.
9.
Some sources requested that their submissions be treated confidentially for fear of
possible consequences of testifying before the commission, including for their safety.
Primary responsibility for protecting victims, witnesses and other persons cooperating with
the commission rests with their States of residence and nationality. The commission
appreciated the valuable contributions made to its work by OHCHR, United Nations
agencies and programmes, non-governmental organizations and experts.
10.
Consistent with established practice, the commission employed a “reasonable
ground” standard of proof in its factual assessment of the incidents investigated and legal
analysis of the patterns found. Such a standard is lower than that required in criminal trials;
the commission therefore does not make any conclusions with regard to the responsibility
of specific individuals for alleged violations of international law.
11.
Given its restricted access, its limited resources and the short time frame available
for its inquiry, the commission selected incidents on the basis of certain criteria, in
particular, the gravity of the allegations of violations of international humanitarian law and
international human rights law; their significance in demonstrating patterns of alleged
violations; access to victims, witnesses and supporting evidence; and the geographic
location of the incident.
III. Legal framework
12.
All parties to the conflict are bound by the relevant provisions and rules of
international humanitarian and human rights treaty and customary law. The commission
considers that, in situations of armed conflict or occupation, international humanitarian law
and international human rights law apply concurrently, 2 and shares the position of United
Nations human rights treaty bodies and the International Court of Justice, according to
which Israel bears responsibility for implementing its human rights treaty obligations in the
Occupied Palestinian Territory.3 The State of Palestine is bound by the obligations
2
3
4
Advisory opinion of the International Court of Justice on the legal consequences of the construction
of a wall in the Occupied Palestinian Territory, 9 July 2004, para. 106.
Ibid., paras. 111–113. See also CCPR/C/ISR/CO/4, para. 5.
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