Ref: 7/2011

On
Wednesday, 23 February 2011, the Palestinian Centre for Human Rights (PCHR)
submitted a Memorandum on the Status of
Domestic Investigations Conducted into Alleged Violations of International Law
committed in the Context of Operation ‘Cast Lead’ to the Human Rights
Council mandated Committee of Experts. The Committee has been established to
monitor domestic investigations conducted in relation to Israel’s 27 December
2008 – 18 January 2009 offensive on the Gaza Strip; its report will be
presented to the Human Rights Council at its 16^th session on 21
March.

PCHR
followed up this submission with a meeting with the Committee on 25 February,
2011.

In
the Memorandum, PCHR emphasised that the Israeli investigative system as whole
– including as it relates to civilian supervision – is flawed, either in law,
in practice, or both. This reality precludes genuine investigations and
prosecutions in accordance with the requirements of international law. This
conclusion is underlined by the information provided in the Memorandum,
evidencing as it does the systematic denial of victims’ rights to an effective
judicial remedy and a systemic disregard for the fundamental dignity of these
individuals.

PCHR
firmly believes that no genuine criminal investigations have been conducted
with respect to alleged violations of international law committed in the
context of Operation ‘Cast Lead’. This conclusion is based both on experience
gained representing clients, and a legal analysis of all parties’ investigative
systems and the results to-date. The interests of justice demand that recourse
now be had to mechanisms of international criminal justice. The Committee of Experts
is called upon to recommend – in keeping with the recommendations of the UN
Fact-Finding Mission on the Gaza Conflict – that the Security Council, acting
under Chapter VII of the UN Charter, refer the situation in Israel and the
occupied Palestinian territory to the Prosecutor of the International Criminal
Court, in accordance with Article 13 (b) of the Rome Statute.