DCI/PS

	2010/09/21 UN: Investigations into war crimes do not comply with international standards Pursuant to the Human Rights Council resolution 13/9, the Committee of Experts into compliance with the 'Goldstone report' has issued its conclusions and recommendations on the investigations undertaken by Israel and the Palestinian authorities (both by the PA in the West Bank and by the de facto government in Gaza). In its Concluding Observations, the Committee affirms there are major structural flaws in the Israeli system of investigation and prosecution of serious violations of human rights and humanitarian law, in particular of suspected war crimes and crimes against humanity. According to the Mission, these flaws make the system “inconsistent with international standards.” In the Committee’s words, “with military ‘operational debriefings’ at the core of the system, there is no effective and impartial investigation mechanism and victims of such alleged violations are deprived of any effective or prompt remedy. Furthermore, such investigations, being internal to the Israeli military authority, do not comply with international standards of independence and impartiality.” Therefore, the investigations undertaken lack the required credibility, and do not provide a means for Palestinians to seek compensation and reparations for the violations committed against them. As for the Palestinian investigations of war crimes, the Committee concludes that the allegations of violations of international humanitarian have not been investigated by the Palestinian authorities in Gaza. Thus, the Committee is of the view that there is little potential for accountability for the serious violations of international humanitarian and human rights law through domestic institutions both in Israel and Gaza. The Mission makes a series of recommendations, most notably, the submission of its report to the Prosecutor of the International Criminal Court. Regarding children, the committee states that “Information on the detention of large numbers of children and their treatment by Israeli security forces point to violations of their rights under ICCPR and the Convention on the Rights of the Child", and further states that “the release of children should be an utmost priority.” The Committee’s conclusions reinforce DCI’s concern regarding the lack of accountability for the use of children as human shields by Israeli forces, where such investigations have been equally inadequate. Despite the fact that DCI raised the issue of five specific incidences in which children were used as human shields with the Israeli Ministers of Justice and Defence, only one of them was investigated. This was the case of nine -year-old Majed R., who was forced at gunpoint to search bags thought to potentially contain explosives during the war in Gaza. Two soldiers were subsequently charged with deviating from authority to the extent of endangering life or health and unbecoming behavior, charges which are blatantly incommensurate with the gravity of the violation. DCI reiterates its position that full and impartial investigations meeting international standards must be carried out in all cases involving the use of children as human shields, and that the army should be given adequate training and supervision to ensure compliance with the 2005 ruling of the Israeli High Court of Justice.