A/HRC/9/26
page 22
Israel must stop. Those in positions of authority in Gaza have not only an international
humanitarian law obligation to respect international humanitarian law norms relating to
the protection of civilians, but also a responsibility to ensure that these norms are respected
by others.
76. One victim of the Beit Hanoun shelling was the rule of law. There has been no
accountability for an act that killed 19 people and injured many more. The Israeli response
of a largely secret internal military investigation is absolutely unacceptable from both legal
and moral points of view. The mission notes that Israel has adopted a similar response to
other killings by its military, with similar results. The mission repeats its position that,
regardless of whether the casualties at Beit Hanoun were caused by a mistake, recklessness,
criminal negligence or wilful conduct, those responsible must be held accountable. It is not
too late for an independent, impartial and transparent investigation of the shelling to be
held; indeed, the mission notes other instances in which the courts have ordered the Israeli
military to open investigations into the killings of civilians by the military. The mission
welcomes this intervention by the courts. Justice cannot wait for peace to be secured.
Rather, no credible, lasting peace can be built upon impunity and injustice.
77. As the mission has repeatedly stressed (including to representatives of Hamas), those
firing rockets on Israeli civilians are no less accountable than the Israeli military for their
actions (A/HRC/5/20, para. 19).
78. Accountability involves providing a remedy and redress for victims. To date, neither
has been forthcoming from Israel, despite its admission of responsibility for the attack. The
very clear message from the victims and survivors to the mission and to the Council is that
they seek justice before anything else. The present report outlines some of the obstacles put
in the way of victims seeking justice. While the mission calls on Israel to remove these
obstacles, it is of the view that victims should not be forced to fight for compensation
through Israeli courts when all accept that damage was inflicted on individuals by the
State. The mission recommends that the State of Israel pay victims adequate compensation
without delay. In the light of the magnitude of the attack on a small community, and in
addition to compensation to individuals, the mission also recommends that Israel make
reparation to the community of Beit Hanoun in the form of a memorial to the victims that
constitutes a response to the needs of survivors. Possibilities include a health facility such as
a much-needed physiotherapy clinic.
79. The situation of victims and survivors of the shelling, as witnessed by the mission,
remains grim. Israel, Hamas and the Palestinian Authority have human rights obligations
towards the victims. Most of the ongoing violations, however, are caused by Israeli action
or inaction. The mission calls on Israel to honour its obligations to the people of
Beit Hanoun, and more generally to the people of occupied Gaza, to respect, protect and
fulfil their human rights. A major barrier to the enjoyment of human rights is the ongoing
blockade that limits individuals’ ability to provide an adequate standard of living for
themselves and their families and the capacity of local authorities to provide essential
services for the population. A central need of victims is access to health services. Israel
must desist from obstructing victims’ access to health-care services, be it through
restricting the flow of medical goods and personnel into Gaza, or through restricting
victims’ ability to leave Gaza to seek health care elsewhere.
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