A/HRC/28/45
25.
The abduction and murder of the three Israeli youths had a very damaging impact
and contributed to the serious deterioration in the human rights situation across the
Occupied Palestinian Territory. Attacks such as those drive the conflict and foment
division, making Israelis feel unsafe and prompting further attacks by settlers and others.
They fuel a political discourse in Israel that demands harsh measures against the Palestinian
population, as was evident during the summer of 2014.35 Whilst Israel must act to maintain
law and order, such actions must be grounded in respect for human rights. As the Security
Council has underlined, failing to comply with human rights and other international legal
obligations contributes to “increased radicalization and fosters a sense of impunity”. 36
Impunity and the failure to ensure accountability
26.
At the General Assembly on 6 August 2014, the former High Commissioner for
Human Rights stated that it was “a terrible failure for humanity not to act to avert yet
another devastating crisis in Gaza” and highlighted how the “need for investigation and
accountability” raised in the aftermath of the 2008/09 and 2012 escalations had “not been
met”.37 The Secretary-General and the United Nations Special Coordinator for the Middle
East Peace Process have also stressed the importance of accountability on all sides. 38 Yet
the failures of the past do not bode well for the future, with impunity prevailing despite the
fact that numerous violations of international humanitarian law and international human
rights law have been documented.
27.
The Goldstone Report highlighted the defects in the investigative mechanisms in
respect of both Israel and the Palestinian authorities in Gaza. 39 Many of those concerns
were echoed by the committee of independent experts appointed to monitor investigations
on both the Israeli and Palestinian sides into the 2008/09 escalation, which found that
accountability measures on both sides were severely lacking. 40 Thereafter, according to the
Israeli NGO B’tselem, at least 52 military police investigations were opened, with only
three investigations ending with indictments, resulting in the conviction of four soldiers. 41
Of the sentences handed down, the longest was 15 months of imprisonment for credit card
fraud.
28.
Following the November 2012 escalation, OHCHR called on all duty bearers to
ensure accountability for violations of international law. 42 In April 2013, the Israeli Military
Advocate General stated that it found no basis for opening military police investigations
into approximately 65 incidents it had examined and that the cases would be closed. As of
31 October 2014, decisions were still pending in approximately 15 outstanding incidents.
Two fact-finding committees were formed to investigate specific incidents, according to the
latest available information, but as at 31 October 2014, no criminal investigations had yet
been opened.43 Additionally, OHCHR is aware of only one investigation into an incident
35
36
37
38
39
40
41
42
43
A/HRC/28/80/Add.1.
S/RES/2178 (2014), preamble.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14921&LangID=
E#sthash.2CDohR7N.dpuf.
S/PV.7266.
A/HRC/12/48, paras. 1957–1966.
A/HRC/15/50; A/HRC/16/24.
www.btselem.org/accountability/20140905_failure_to_investigate; also The Public Commission to
Examine the Maritime Incident of 31 May 2010 (Turkel Commission), Second Report, p. 345.
A/HRC/22/35, paras. 66–75.
www.law.idf.il/SIP_STORAGE/files/1/1381.pdf; www.pchrgaza.org/portal/en/index.php?option=
com_content&view=article&id=10103:concerning-qpillar-of-defenseq-victims-for-the-first-timeisraeli-committee-headed-by-general-doron-almog-initiates-investigation-in-a-case-followed-up-by-
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