Informing humanitarians worldwide 24/7 — a service provided by UN OCHA

oPt

Joint Statement: More than One year after Operation Cast Lead: Distressing Lack of Accountability and Justice for the Victims of the Conflict

  1. The UN Fact Finding Mission on the Gaza Conflict (the Mission), determined that Israel and Palestinian armed groups committed serious violations of international human rights and humanitarian law and possible war crimes and crimes against humanity. The UN called on both parties to take all steps to launch appropriate independent investigations in conformity with international standards. In resolution S-12/1, the HRC also stressed the urgent need to ensure accountability for all violations of international law to prevent further violations.

2. Under international law, proper investigations into suspected violations of international law must be independent, impartial, effective, transparent and prompt. However, the information and material available suggest that the domestic investigations carried out by the parties to the conflict have not met these standards.

I. The State of Israel

a. Lack of legal protection for Palestinians under the Israeli legal system

3. Since 2003, the Military Advocate General (MAG) has pursued a policy of not opening criminal investigations into the killing and injury of Palestinians civilians in the OPT. The same year this policy was challenged at the Israeli Supreme Court, yet the petition remains pending. Available evidence indicates that the Israeli army maintains that violations of international humanitarian law and international crimes are restricted to cases of intentional attacks as opposed to reckless or negligent acts against civilians. This contradicts Israeli and international criminal law.

4. Israel's Supreme Court upheld a 2005 law, which provides that no compensation is payable to "a citizen of an Enemy State and an activist or member of a Terrorist Organization" for damages caused during military operations since September 2000. This means that Palestinian civilians in the Gaza Strip remain barred from legal redress for the wrongdoings of Israeli soldiers during "Operation Cast Lead," and clearly violates international law.