A/HRC/29/52
I. Introduction
1.
On 23 July 2014, the Human Rights Council, by resolution S-21/1, decided to
urgently dispatch an independent, international commission of inquiry to investigate all
violations of international humanitarian law and international human rights law in the
Occupied Palestinian Territory, including East Jerusalem, particularly in the occupied Gaza
Strip, in the context of the military operations conducted since 13 June 2014, whether
before, during or after. Pursuant to resolution S-21/1, the President of the Council
appointed three experts to the commission: William Schabas (Chair), Mary McGowan
Davis and Doudou Diène.
2.
The commission formally began its work on 16 September 2014. Following the
resignation of Professor Schabas on 2 February 2015, the President of the Council
designated Justice Davis as Chair. The Office of the United Nations High Commissioner
for Human Rights (OHCHR) established a secretariat to support the commission.
Notwithstanding the urgency expressed by the Council to dispatch the commission, the
secretariat was not fully constituted until the end of November 2014.
3.
The commission repeatedly requested Israel to cooperate, including by granting it
access to Israel and the Occupied Palestinian Territory, including the West Bank, East
Jerusalem and the Gaza Strip (see annex I). Regrettably, Israel did not respond to these
requests. Subsequently, the commission learned from a press release 1 that no such
cooperation would be forthcoming. The Government of Egypt, when requested to facilitate
entry into the Gaza Strip through the Rafah crossing, responded that it was not possible
owing to the prevailing security situation. The commission thanks the Government of
Jordan for facilitating its two visits to Amman.
4.
The commission received full cooperation from the State of Palestine, including the
Permanent Observer Mission of the State of Palestine to the United Nations Office at
Geneva. It met with representatives of Palestinian ministries in Amman, who provided a
range of documents. The commission also spoke to members of the authorities in Gaza,
who submitted several reports.
5.
The commission addressed to the Government of Israel and the Government of the
State of Palestine a list of questions relating to specific incidents and legal and policy
issues. A comparable list was sent to Hamas. Only the State of Palestine responded.
II. Mandate and methodology
6.
The commission interpreted its mandate as requiring it to examine alleged violations
of international human rights and humanitarian law occurring between 13 June and
26 August 2014 across the Occupied Palestinian Territory, in particular in Gaza, and in
Israel, and to determine whether such violations had been committed. It examined existing
accountability mechanisms and their effectiveness, and the immediate and continuing
impact of the military operations on the affected populations and their enjoyment of human
rights. The commission considered that the victims and their human rights were at the core
of its mandate. Its activities were thus informed by the wish to ensure that the voices of all
victims are heard, and that the commission’s recommendations will strengthen the
protection of the civilian population in the Occupied Palestinian Territory and in Israel.
1
Israel Ministry of Foreign Affairs, “Israel will not cooperate with UNHRC investigative committee”,
press release, 13 November 2014.
3
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