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Human Rights Council
21 September 2010
COMMITTEE FOLLOWING UP ON “GOLDSTONE REPORT” SAYS INVESTIGATIONS BY ISRAEL AND DE FACTO GAZA AUTHORITIES INADEQUATE
21 September 2010
The UN Committee of Independent Experts monitoring and assessing investigations into serious violations of International Humanitarian and Human Rights Laws during the Gaza conflict (December 2008 to January 2009) issued Tuesday its
* on the efforts undertaken by the state of Israel and the Palestinian side.
“The parties responded, albeit in a different manner, to the call of the General Assembly and the Human Rights Council to meet their obligations to investigate allegations of crimes detailed in the Fact-Finding Mission report,” said the Committee’s chair, Christian Tomuschat. “The investigations, however, remain incomplete in some cases or fall significantly short of meeting international standards in others.”
The independent body was established by the Human Rights Council earlier this year to “monitor and assess any domestic, legal or other proceedings undertaken by the Government of Israel and the Palestinian side” in light of the allegations raised last year in the report of the UN Independent Fact-Finding Mission into the Gaza Conflict – known as the Goldstone Report.
The Fact-Finding Mission Report, published in September 2009, alleged that both Israel and the Palestinian side committed war crimes, human rights violations and possibly crimes against humanity during the conflict in Gaza.
The Committee sought cooperation from Israel and the Palestinian authorities. Regrettably, it received no response to its numerous requests for cooperation and access to Israel and the West Bank from the Israeli authorities. In contrast, the Committee noted it had received cooperation and assistance from the Palestinian side.
“A lack of cooperation from Israel has hampered the Committee’s assessment of investigations into serious violations of war crimes,” Mr. Tomuschat said. “Israel has published a lot of information on their investigations, but its refusal to cooperate with the Committee made it impossible to assess whether inquiries met international standards” of independence, impartiality, thoroughness and effectiveness, genuineness, promptness, and transparency.
Despite this lack of cooperation, the independent experts were able to draw some conclusions based on official submissions and numerous interviews with military experts and Palestinian witnesses with knowledge of Israeli investigations. “Israel conducted investigations into many incidents, but only four resulted in criminal indictments, one of which led to a conviction for a credit card theft,” Mr. Tomuschat noted.
The Committee found that these inquiries did not cover all allegations made by the Fact-Finding Mission. It found that Israel had not undertaken investigations into high-level decision-makers. Israel had also failed to investigate claims of human rights violations in the West Bank alleged to have occurred at the time of the conflict.
There were also concerns about whether the inquiries met standards of impartiality. 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.
The Committee also monitored and assessed investigations conducted by the Palestinian side. The Palestinian Authority established an independent Commission of investigation that alleged human rights violations were committed by public officials in the West Bank.
Having met with members of the independent Commission, the Committee concluded that those investigations conformed with international standards. However, the Commission was unable to investigate fully allegations of serious violations of war crimes occurring in Gaza due to difficulties the Commission faced in accessing the Gaza Strip.
The UN independent committee of experts was however able to assess the work of two Committees of Inquiry established by the de facto Gaza authorities and met with members of those Committees. The first, made up of officials of the de facto Gaza authorities, made no serious effort to address the allegations raised by the Fact-Finding Mission. The second body provided information on measures taken to redress violations in the Gaza Strip, but failed to substantiate assertions that political prisoners had been released and criminal prosecutions had taken place.
The UN Committee of Independent Experts will present its report to the UN Human Rights Council on 27 September 2010.
A press conference will be held at 16:30 on Monday 27 September, in Room III, Palais des Nations, Geneva.
(*): Check the Committee’s report:
The Committee’s members are: Professor Christian Tomuschat (Chair), Justice Mary McGowan Davis and Mr. Param Cumaraswamy.
Report of the United Nations Fact-Finding Mission on the Gaza Conflict:
Conclusions and recommendations – Report of the UN Fact Finding Mission on the Gaza Conflict:
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