Ref: 102/2012

For the 21^st Session of the Human Rights Council, taking place in Geneva from 10 to 28 September, the Palestinian Centre for Human Rights (PCHR) has submitted an individual written statement and a joint oral statement, which was co-sponsored and presented to the Council by the International Federation for Human Rights (FIDH).

In advance of the Secretary-General’s report on the follow-up to the Fact-Finding Mission on the Gaza Conflict, both the written statement, titled “The right to a remedy: Pursuit of reparations in response to violations of international law”, and the oral statement provide the Human Rights Council with an update on the progress made on the implementation of the recommendations of the Fact-Finding Mission. 

In particular, the submissions address the lack of accountability in Israel with respect to alleged violations of international law committed in the context of “Operation Cast Lead,” Israel’s offensive on the Gaza Strip which lasted from 27 December 2008 – 18 January 2009.  PCHR hopes that its considerable experience and expertise in the field will supplement the available information and help to facilitate a fully-informed discussion on the topic.

The information provided in the oral and written statements is based on PCHR’s longstanding tradition of providing free-of-charge legal assistance to Palestinian civilians, and is focused on the status of civil (reparation) and criminal complaints which have been submitted to the Israeli authorities in relation to alleged violations of international law committed in the context of “Operation Cast Lead”. 

An analysis of Israel’s investigative system and the absolute lack of accountability engendered by this system lead to the unequivocal conclusion that the recommendations set out in the UN Fact-Finding Mission on the Gaza Conflict to the Security Council have not been implemented.  Israel has created a situation where impunity prevails, denying access to justice for the victims of “Operation Cast Lead”, and has systematically failed to fulfill its concrete obligations under international law, violating Palestinian victims’ right to an effective remedy.

In light of the situation, PCHR suggests again that a Chapter VII Security Council referral of the situation in Israel and Palestine to the International Criminal Court is the most appropriate course of action.

Submission documents:

Written Statement: “The right to a remedy: Pursuit of reparations in response to violations of international law” (pdf)

Oral Statement: “Update on the Progress made in the Implementation of the Recommendations of the Fact-Finding Mission on the Gaza Conflict” (pdf)