A/HRC/15/50 the alleged violations of IHL and IHRL by the de facto Gaza authorities and raises concerns about their credibility and genuineness. 87. Moreover, some aspects of the report sought to explain away allegations of serious violations of IHL. For example, the second Gaza Committee suggested that the unavailability of modern military technology could not preclude armed groups from defending themselves. This implicitly acknowledges the truth of the allegations in the FFM report that armed groups violated IHL by launching weapons at Israel that were incapable of striking precise targets, while seeking to justify the violation and absolve the perpetrators. 88. The investigations of the second Gaza Committee, which began more than a year after the Gaza conflict, also raise questions as to the promptness of its inquiry. The report set out reasons for the delay, noting the difficulties inherent in undertaking effective investigations in the wake of the destruction caused by the conflict. This Committee understands that the chaos resulting from armed conflict had an impact on the second Gaza Committee’s capacity to undertake investigations. In this sense, the strict application of the standard of promptness might not be appropriate. VI. A. Conclusions Israel 89. A lack of cooperation hampered the Committee’s assessment of Israel’s response to the call by the General Assembly to conduct investigations that are independent, credible and in conformity with international standards into the serious violations of IHL and IHRL reported by the United Nations Fact-Finding Mission on the Gaza Conflict. The Committee’s bases of information are insufficient for a definitive assessment. Consequently, the Committee is not in a position to establish whether the investigations carried out by Israel met international standards of independence, impartiality, thoroughness, effectiveness and promptness. 90. The Committee acknowledges that there are mechanisms in place within the Israeli legal order to investigate allegations of war crimes. It accepts that military as well as civilian investigative bodies may inquire into such crimes so long as the investigations conform to international standards. Investigations into allegations of violations of either IHL or IHRL should meet the universal criteria of independence, impartiality, thoroughness, effectiveness and promptness, subject to the constraints of armed conflict. 91. The actual operation of Israel's military investigations system raises concern in the present context. Specifically, the Committee concludes that the dual role of the Military Advocate General (MAG) to provide legal advice to IDF with respect to the planning and execution of “Operation Cast Lead” and to conduct all prosecutions of alleged misconduct by IDF soldiers during the operations in Gaza raises a conflict of interest, given the Fact-Finding Mission’s allegation that those who designed, planned, ordered and oversaw the operation were complicit in IHL and IHRL violations. This bears on whether the MAG can be truly impartial – and, equally important, be seen to be truly impartial – in investigating these serious allegations. 92. The Israeli investigators did not always undertake steps to inform victims, witnesses and their legal representatives of the progress of their inquiries, nor did they consistently treat victims with dignity and courtesy. Transparency in reporting progress and results of investigations and access to justice for victims are 22

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