A/HRC/35/19/Add.1
23.
The recommendation specifically mentions the indiscriminate firing of rockets and
summary executions as violations of international humanitarian law and international
human rights law that should be investigated. Even though the recommendation requires
accountability and redress for those violations and does not explicitly call for a halt to their
occurrence, it is relevant to note that both types of violations have continued to take place:
indiscriminate firing of rockets by armed groups continues to be reported, the latest
(without casualties) in January and February 2017,28 and instances of killing of suspected
collaborators by Hamas were documented during the 2014 escalation of hostilities.
24.
Regarding investigations into such violations, in his 2013 report on Israeli practices
affecting the human rights of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, the Secretary-General noted that “In respect of the de facto
authorities in Gaza, it appears that more than seven months after the end of the escalation in
hostilities, no measures have been taken to investigate credible allegations of violations of
international law committed by the de facto authorities or armed groups in Gaza, or to
provide an effective remedy to victims of the hostilities of November 2012.” 29 This
situation does not appear to have changed, as noted by the High Commissioner for Human
Rights in his report to the Human Rights Council presented in March 2017: “impunity is
[…] a major concern with regard to actions by Palestinian authorities […] in Gaza. In Gaza,
there is little information available about any investigation at all into violations of
international law.”30
25.
In this regard, the Report of the detailed findings of the independent commission of
inquiry established pursuant to Human Rights Council resolution S-21/1 is pertinent. It
noted the little information available regarding steps taken by the State of Palestine and the
authorities in Gaza “to conduct investigations into alleged serious violations of international
humanitarian and gross violations of international human rights law. 31 In July 2016,
Amnesty International reported that “in May 2015, the Hamas authorities denied
involvement in the summary killings of Palestinians documented by Amnesty International,
but said the Attorney General and Ministry of Interior in Gaza were investigating and
would publish their findings.” Amnesty International also reported that the Gaza authorities
“have not released further information and their investigations are not independent, as the
judiciary and Ministry of Interior in Gaza are directed and staffed by Hamas members,
some of them closely linked to Hamas’ military wing. There are no indications that they are
investigating the rocket and mortar attacks which killed Israeli and Palestinian civilians.”32
26.
Given the apparent absence of any investigations, the second element of the
recommendation, requiring redress for victims, also remains unimplemented.
27.
Based on the above, the recommendation is therefore assessed as “not
implemented”.
B.
International engagement
28.
The review identified 141 recommendations pertaining to international engagement
(15 per cent of the total), some of which call for cooperation of all parties with international
human rights mechanisms, and some for the implementation of and compliance with
international law in general. The following table provides an overview of the distribution of
the issues covered by these recommendations and the percentage within this review.
28
See www.haaretz.com/israel-news/1.769915.
A/68/502 para. 33.
30
A/HRC/34/36, para. 79.
31
A/HRC/29/CRP.4 para. 653.
32
See www.amnesty.org/en/documents/mde15/4199/2016/en/.
29
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