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Case Review: The State’s obligation to investigate suspected grave violations of international law committed in the Gaza Strip during the 2004 military Operations ‘Rainbow’ and ‘Days of Penitence’

 

 

  Written by Adalah on behalf of Al Haq, PCHR and
Adalah

 

 

 Introduction


On 8 December 2011, the Israeli Supreme Court
by a panel of three justices, Chief Justice Beinisch and Justices Rubinstein
and Melcer, rejected a petition submitted by Adalah, in cooperation with the
Palestinian Center for Human Rights (PCHR) and Al-Haq (jointly referred to as
the “petitioners”). 0F 1 The petition demanded that the Israeli authorities
open a criminal investigation into the killings and injury of civilians and
into the extensive damage to homes in the Gaza Strip in 2004. The loss of life
and damage to property occurred during the Israeli army’s military Operations
‘Rainbow’ and ‘Days of Penitence’, both of which took place before Israel’s
unilateral disengagement from the Gaza Strip. The Supreme Court rejected the
case mainly on two grounds: generality of the petition; and delay in submission
to the court.

 

The full report is available online at:

http://www.pchrgaza.org/files/2012/Gaza%20Case%20Review%20English.pdf