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 Ref: 102/2012

 

For the 21st 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)