A/HRC/29/52
Palestinian actors, leaving Israeli victims without an effective remedy. With respect to the
local authorities in Gaza, no steps appear to have been taken to ensure effective
investigations into actions by Palestinian armed groups, seemingly owing to a lack of
political will. The Palestinian Authority claims that its failure to open investigations results
from insufficient means to carry out investigations in a territory over which it has yet to reestablish unified control.
VII. Conclusions and recommendations
A.
Concluding observations
74.
The commission was deeply moved by the immense suffering of Palestinian and
Israeli victims, who have been subjected to repeated rounds of violence. The victims
expressed their continued hope that their leaders and the international community
would act more resolutely to address the root causes of the conflict so as to restore
human rights, dignity, justice and security to all residents of the Occupied Palestinian
Territory and Israel. In relation to this latest round of violence, which resulted in an
unprecedented number of casualties, the commission was able to gather substantial
information pointing to serious violations of international humanitarian law and
international human rights law by Israel and by Palestinian armed groups. In some
cases, these violations may amount to war crimes. The commission urges all those
concerned to take immediate steps to ensure accountability, including the right to an
effective remedy for victims.
75.
With regard to Israel, the commission examined carefully the circumstances of
each case, including the account given by the State, where available. Israel has,
however, released insufficient information regarding the specific military objectives of
its attacks. The commission recognizes the dilemma that Israel faces in releasing
information that would disclose in detail the targets of military strikes, given that such
information may be classified and jeopardize intelligence sources. Be that as it may,
security considerations do not relieve the authorities of their obligations under
international law. The onus remains on Israel to provide sufficient details on its
targeting decisions to allow an independent assessment of the legality of the attacks
conducted by the Israel Defense Forces and to assist victims in their quest for the
truth.
76.
The commission is concerned that impunity prevails across the board for
violations of international humanitarian law and international human rights law
allegedly committed by Israeli forces, whether it be in the context of active hostilities
in Gaza or killings, torture and ill-treatment in the West Bank. Israel must break with
its recent lamentable track record in holding wrongdoers accountable, not only as a
means to secure justice for victims but also to ensure the necessary guarantees for
non-repetition.
77.
Questions arise regarding the role of senior officials who set military policy in
several areas examined by the commission, such as in the attacks of the Israel Defense
Forces on residential buildings, the use of artillery and other explosive weapons with
wide-area effects in densely populated areas, the destruction of entire neighbourhoods
in Gaza, and the regular resort to live ammunition by the Israel Defense Forces,
notably in crowd-control situations, in the West Bank. In many cases, individual
soldiers may have been following agreed military policy, but it may be that the policy
itself violates the laws of war.
19
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