A/HRC/28/45 involving the use of force by Israeli security forces in the access-restricted areas in Gaza: an investigation opened in March 2014, almost four years after the incident, into the killing of a fisherman in 2010. 29. During the latest Israeli military operation in Gaza, the Israel Defence Forces Chief of Staff ordered the establishment of a general staff mechanism for fact-finding assessments to examine “exceptional incidents” that had occurred during “Operation Protective Edge”.44 The mechanism was established in response to and as part of the implementation of the recommendations of the Turkel Commission.45 It is hoped that it will lead to meaningful accountability. 30. On the Palestinian side, the lack of accountability is also stark. OHCHR is not aware of any steps taken by the relevant Palestinian authorities to bring perpetrators to justice in response to the Goldstone Report. Nor is OHCHR aware that any measures have been taken by the authorities in Gaza to ensure accountability for violations in relation to the November 2012 escalation, including the direct targeting of civilians and indiscriminate firing of rockets.46 31. Those failures are not confined to the situation in Gaza. Both the Secretary-General and the High Commissioner have repeatedly highlighted the failure to ensure accountability and an adequate remedy for victims across the Occupied Palestinian Territory, including victims of killings and injuries involving Israeli security forces in the West Bank, including East Jerusalem.47 Under international human rights law, all incidents of killings and serious injury must be promptly, thoroughly, effectively, independently, impartially and transparently investigated. 48 However, as outlined in previous reports of the SecretaryGeneral and highlighted by the Human Rights Committee, Israel has not met its obligations in that regard.49 32. The ongoing impunity that prevails is in clear violation of the obligations of the duty bearers, and the repercussions are felt as each side commits the same or similar violations again and again, safe in the knowledge that they will not be brought to justice. 33. The fact that the Israeli authorities and the Israeli security forces, as well as relevant Palestinian authorities and Palestinian armed groups, are never held to account for violations undermines the protective force of international law. The resulting enmity and lack of trust drives violence. As the former High Commissioner has highlighted, “adherence to international humanitarian law and international human rights law, and ensuring accountability for violations, are essential prerequisites for any lasting peace”.50 44 45 46 47 48 49 50 10 pchr&catid=36:pchrpressreleases&Itemid=194. www.mag.idf.il/261-6858-en/Patzar.aspx. The Turkel Commission, established to investigate the May 2010 Gaza flotilla raid, was mandated to review Israeli mechanisms for investigating alleged violations of the laws of armed conflict, and made recommendations to strengthen those mechanisms. A/HRC/25/40, paras. 58–60. A/69/347, paras. 52–69; A/HRC/25/40, paras. 50–56. Human Rights Committee, general comment No. 31 (2004) on the nature of the general obligation imposed on States parties to the Covenant, para. 15. A/69/347, paras. 52–69; CCPR/C/ISR/CO/4, para. 13. Statement by Navi Pillay at the Informal Plenary Meeting of the General Assembly on the situation in Gaza, 6 August 2014. Available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14921&LangID=E.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents