A/HRC/40/74 I. Introduction 1. In its resolution S-28/1, the Human Rights Council established the international independent commission of inquiry with a mandate to, inter alia, investigate all alleged violations and abuses 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 assaults on the large-scale civilian protests that began on 30 March 2018, and to report thereon to the Council at its fortieth session.1 2. Santiago Canton (Argentina) (Chair), Sara Hossain (Bangladesh) and Kaari Betty Murungi (Kenya) were appointed to the commission by the President of the Human Rights Council.2 3. A secretariat from the Office of the United Nations High Commissioner for Human Rights (OHCHR) was appointed to support the commission. Despite several requests, Israel did not grant the commission access to Israel or the Occupied Palestinian Territory nor did it cooperate or provide information. While the Government of Egypt indicated a willingness to provide access to Gaza for the commission, ultimately it did not, citing security reasons. The commission undertook missions to Amman in November 2018 and Istanbul, Turkey in December 2018. 4. The commission is grateful to the Governments of Turkey, Jordan, Egypt and the State of Palestine for their cooperation with the commission and for facilitating its work. II. Methodology 5. In accordance with its mandate, the commission focused its inquiry on the protests that began on 30 March 2018. Given the time and access limitations, the commission investigated events up to 31 December 2018, with a particular focus on three demonstration days: 30 March, the first day; 14 May, which saw the highest number of fatalities and wounded; and 12 October, one of two demonstration days with the highest number of fatalities in the latter part of 2018. 6. The commission paid special attention to the protection of civilians in both Gaza and Israel, and to groups warranting protection under international law, including children, women, health workers, journalists and persons with disabilities. It was also mandated to focus on accountability and identifying those responsible for violations and international crimes. 7. The commission investigated the response of Israeli security forces to the protests, and the policing of demonstrations by Palestinian security forces in the West Bank supporting the “great march of return and breaking of the siege” and demonstrations held inside Gaza since 30 March 2018. 8. The commission conducted 325 interviews and meetings with victims, witnesses, government officials and members of civil society, from all sides, and gathered more than 8,000 documents, including affidavits, medical reports, open source reports, social media content, written submissions and expert legal opinions, video and drone footage, and photographs. 9. As is customary practice for the fact-finding bodies of the United Nations, the commission adopted an evidentiary standard of “reasonable grounds to believe”. It employed fact-finding practices aimed at ensuring the safety and security of witnesses and victims. 1 2 2 The detailed findings of the commission will be made available in a conference room paper on its webpage at www.ohchr.org/EN/HRBodies/HRC/CoIOPT/Pages/OPT.aspx. David Crane (United States of America), who was initially appointed as Chair, resigned on 22 August 2018 and was replaced by Mr. Canton on 20 September 2018.