A/HRC/9/26
page 20
5.
Access to justice and right to an effective remedy
67. One of the major needs of survivors is to secure access to justice and redress.43 The
mission was told that survivors “want justice, not sympathy”. In the Basic Principles and
Guidelines on the Right to a Remedy, the General Assembly recognized that it is through
honouring the victims’ right to benefit from remedies and reparation that the international
community keeps faith with the plight of victims and survivors. The survivors of the
Beit Hanoun shelling have not been able to have access to justice. Victims have made recourse to
the assistance of an Israeli lawyer for compensation from Israel, at this stage through court
proceedings; however, they face many obstacles, including restrictions on their travel to Israel
and legal costs. A number of people also spoke of their concerns about measures introduced
recently into Israeli law that had the effect of limiting the ability of Palestinians harmed by
Israeli military action to seek redress in Israeli courts.44
68. The Israeli military internal investigation referred to above concluded that there would be
no prosecutions of individuals or other disciplinary action arising from the shelling; therefore, no
one has been held to account for the injuries suffered. A further recent example involving the
killing of a media cameraman and eight youths reinforces the culture of impunity decried by the
mission in its previous report.
69. Article 2 (3) of the International Covenant on Civil and Political Rights guarantees the
right to an effective remedy for violations of the Covenant. The Basic Principles state that
reparation for harm suffered should be “adequate, effective and prompt”, and that victims
seeking access to justice should receive proper assistance. These standards were not observed.
The mission was told of how the lack of financial resources prevented survivors from seeking
further health care and from finding adequate housing where homes had been made
uninhabitable. Some family members are living in rented accommodation and others have taken
out loans, creating further financial strains. This also means that family members have been
separated when they need mutual support.
70. There has been limited monetary assistance offered to some survivors of the Beit Hanoun
shelling and immediate humanitarian assistance from UNRWA. The United Arab Emirates and
the United Nations have assisted in the rebuilding of houses. To the best of the mission’s
knowledge, Israel has not paid compensation for the damage and harm caused by its
internationally wrongful act. The requirements for reparations for victims of human rights abuses
have not been satisfied. Other forms of monetary compensation (for example, for moral damage
or lost opportunities) have not been offered.
43
44
General Assembly resolutions 40/34 and 60/147.
An Israeli law preventing Palestinians from claiming compensation from Israel following
military operations was partially struck down by the High Court on 12 December 2006.
However, the court left standing a provision that bars compensation to Palestinians harmed in
combat operations.
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