A/HRC/9/26 page 20 5. Access to justice and right to an effective remedy 67. One of the major needs of survivors is to secure access to justice and redress.43 The mission was told that survivors “want justice, not sympathy”. In the Basic Principles and Guidelines on the Right to a Remedy, the General Assembly recognized that it is through honouring the victims’ right to benefit from remedies and reparation that the international community keeps faith with the plight of victims and survivors. The survivors of the Beit Hanoun shelling have not been able to have access to justice. Victims have made recourse to the assistance of an Israeli lawyer for compensation from Israel, at this stage through court proceedings; however, they face many obstacles, including restrictions on their travel to Israel and legal costs. A number of people also spoke of their concerns about measures introduced recently into Israeli law that had the effect of limiting the ability of Palestinians harmed by Israeli military action to seek redress in Israeli courts.44 68. The Israeli military internal investigation referred to above concluded that there would be no prosecutions of individuals or other disciplinary action arising from the shelling; therefore, no one has been held to account for the injuries suffered. A further recent example involving the killing of a media cameraman and eight youths reinforces the culture of impunity decried by the mission in its previous report. 69. Article 2 (3) of the International Covenant on Civil and Political Rights guarantees the right to an effective remedy for violations of the Covenant. The Basic Principles state that reparation for harm suffered should be “adequate, effective and prompt”, and that victims seeking access to justice should receive proper assistance. These standards were not observed. The mission was told of how the lack of financial resources prevented survivors from seeking further health care and from finding adequate housing where homes had been made uninhabitable. Some family members are living in rented accommodation and others have taken out loans, creating further financial strains. This also means that family members have been separated when they need mutual support. 70. There has been limited monetary assistance offered to some survivors of the Beit Hanoun shelling and immediate humanitarian assistance from UNRWA. The United Arab Emirates and the United Nations have assisted in the rebuilding of houses. To the best of the mission’s knowledge, Israel has not paid compensation for the damage and harm caused by its internationally wrongful act. The requirements for reparations for victims of human rights abuses have not been satisfied. Other forms of monetary compensation (for example, for moral damage or lost opportunities) have not been offered. 43 44 General Assembly resolutions 40/34 and 60/147. An Israeli law preventing Palestinians from claiming compensation from Israel following military operations was partially struck down by the High Court on 12 December 2006. However, the court left standing a provision that bars compensation to Palestinians harmed in combat operations.

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