A/HRC/13/54 investigation into one of the most serious incidents of Operation Cast Lead — relating to the death of over 20 people in the Al Samouni family home in Zeitoun — was not opened until November 2009.26 21. The High Commissioner notes that neither criminal nor command investigations are adequate to investigate whether policies, rules of engagement or orders that guided ISF during Operation Cast Lead were in violation of international law, or the responsibility of relevant senior officials – military or civilian. An independent inquiry into these matters is required, in addition to the investigation of specific incidents, for an effective right to remedy. Palestinian initiatives 22. On 25 January 2010, the Palestinian Authority issued a decree27 establishing a commission to follow up on the report of the United Nations Fact-Finding Mission. According to the decree, the commission is independent, is comprised of five members, is authorized to carry out investigations into the violations alleged in the report, will report to relevant authorities with respect to the outcomes of its activities, and is empowered to appoint experts and specialists to assist it to fulfil its duties. 23. The de facto authorities in Gaza state that two committees have been formed to follow up on the implementation of the recommendations in the report of the United Nations Fact-Finding Mission on the Gaza Conflict. The de facto authorities in Gaza also state that the committees are comprised of experts in international law and will immediately and independently follow up on the allegations of violations of international humanitarian law contained in the Fact-Finding Mission report, in accordance with Palestinian laws and practices. 24. There is insufficient information available at this time to draw conclusions regarding the compliance of responsible Palestinian authorities with the obligation to provide effective remedies. The High Commissioner notes that, at this point, there is no indication of credible investigations having taken place. In addition, the late launching of these initiatives brings into question the commitment of responsible Palestinian authorities to satisfying the criterion that a remedy be prompt. B. Implementation of the recommendations of the United Nations FactFinding Mission on the Gaza Conflict 25. The Secretary-General has submitted a report to the Human Rights Council on the status of implementation of paragraph 3 of Council resolution S-12/1 (A/HRC/13/55). The Secretary-General’s report provides information on the implementation of the recommendations of the United Nations Fact-Finding Mission. 26 27 GE.10-12152 See also communication No. 587/1994 (CCPR/C/59/D/587/1994); communication No. 599/1994 (CCPR/C/57/D/599/1994), para. 9; and report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (E/CN.4/2004/56), para. 39. See also Cantoral Benavides v. Peru, judgement of 18 August 2000, Inter-American Court of Human Rights (Ser. C) No. 69 (2000) and concluding observations of the Committee against Torture: Egypt (CAT/C/CR/29/4), para. 5 (b). Israel, “Gaza operation investigations”, paras. 124 and 125. Palestinian Authority, “Decree No. 0105 of 2010 concerning the formation of an independent commission to follow up the Goldstone Report”. 7

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