This Tuesday, LPHR will hold an exceptional public event examining the fundamental issue of securing legal accountability following the very significant report of the independent UN Commission of Inquiry on the 2014 Gaza Conflict (the Commission).
The former Chair of the Commission, Professor William Schabas, will provide his first public commentary on the substance of the Commission’s report, while a leading legal practitioner on universal jurisdiction, Daniel Machover, will examine the prospects of securing legal accountability through the avenues of universal jurisdiction and the International Criminal Court.
To preview this unique event and highlight why legal accountability remains an urgent priority, this blog briefly outlines the core findings of the Commission’s report and LPHR’s work on Gaza and accountability.
The central finding of the Commission’s report
On 22 June 2015, the Commission published its considered findings concerning serious violations of international humanitarian law and human rights law, including the possible commission of war crimes. Its report carefully states:
“[T]he commission was able to gather substantial information pointing to serious violations of international humanitarian law and international human rights law by Israel and by Palestinian armed groups. In some cases, these violations may amount to war crimes.” (Paragraph 668)
What the Commission’s report stated in relation to Israel’s political and military leadership
Key excerpts of the Commission’s report raises very serious questions concerning the role of Israel’s political and military leadership in suspected serious international law violations that “may amount to war crimes”:
“The commission’s investigations also raise the issue of why the political and military leadership did not revise their policies or change their course of action, despite considerable information regarding massive death and destruction in Gaza, which in turn raises questions as to potential violations of international humanitarian law and criminal law by these officials.” (Paragraph 640 – bolded and italicised for emphasis)
“The commission is concerned that impunity prevails across the board for violations of international humanitarian and human rights law allegedly committed by Israeli forces, whether it be in the context of active hostilities in Gaza or killings, torture, and ill-treatment in the West Bank. Israel must break with its recent lamentable track record in holding wrong-doers accountable, not only as a means to secure justice for victims but also to ensure the necessary guarantees for non-repetition. Those responsible for suspected violations of international law at all levels of the political and military establishments must be brought to justice.” (Paragraph 664 – bolded and italicised for emphasis)
“The commission’s investigations also raise the issue of why the Israeli authorities failed to revise their policies in Gaza and the West Bank during the period under review by the commission. Indeed, the fact that the political and military leadership did not change its course of action, despite considerable information regarding the massive degree of death and destruction in Gaza, raises questions about potential violations of international humanitarian law by these officials, which may amount to war crimes. Current accountability mechanisms may not be adequate to address this issue.” (Paragraph 672 – bolded and italicised for emphasis)
These excerpts, individually and cumulatively, underscore the Commission’s considered concern that Israel’s political and military leadership be investigated, and potentially held accountable, for suspected violations of international law during Israel’s military offensive on Gaza last summer. The last excerpt pointedly also expresses the Commission’s concern that Israel’s current mechanism for providing accountability ‘may not be adequate’ to address the issue of the significant role of Israel’s political and military leadership.
This latter concern focuses attention on whether international justice mechanisms may properly have to be utilised against Israel’s political and military leadership in relation to examining their role in the suspected commission of international crimes.
LPHR’s position on Gaza and accountability
LPHR has extensively worked on the crucial issue of legal accountability for Israel’s military offensive on Gaza in 2014. In partnership with the Al Mezan Center for Human Rights (based in Gaza), we submitted two comprehensive complaints to the independent UN Commission of Inquiry. Both our complaints can be seen here.
Our first complaint focused on the critical issue of the deliberate and pervasive military targeting of civilian homes in Gaza that resulted in massive loss of civilian life. The gravity of this significant aspect of Israel’s military offensive on Gaza last summer is emphasised by reference to Al Mezan’s stark final casualty figures:
- 1,066 Palestinian residents of Gaza were killed inside their homes, out of a total number of 2,216 killed during Israel’s military offensive on Gaza. This equates to over 48% of total fatalities.
- 370 children were killed inside their homes, out of a total number of 556 children killed during Israel’s military offensive on Gaza. This equates to over 66% of child fatalities.
- 241 women were killed inside their homes, out of a total number of 293 women killed during Israel’s military offensive on Gaza. This equates to over 82% of adult female fatalities.
The extremely serious issue of the deliberate and pervasive military targeting of civilian homes in Gaza raised fundamental legal questions regarding the targeting of civilian infrastructure. LPHR presented its legal analysis in our complaint and subsequently had the valuable opportunity to present it in person with staff of the Commission in Geneva. Our critical legal analysis was shared by the Commission in its report.
Our second complaint focused on the deliberate or reckless military targeting of medical infrastructure and personnel. We were joined on this complaint with Medical Aid for Palestinians, and co-produced a public report version of our complaint which can be seen here.
Both our complaints presented evidence and legal analysis indicating that serious violations of international humanitarian and human rights law were committed which may amount to war crimes, and in respect of the widespread targeting of family homes, may also amount to crimes against humanity.
LPHR has subsequently written and met with the UK Foreign Office to request their necessary action in ensuring that legal accountability is fully and credibly pursued for alleged serious violations of international humanitarian law. It is our grave concern that continued impunity and absence of effective deterrence for the perpetration of alleged serious international crimes will only serve to encourage the horrific recurrence of a large-scale Israeli military offensive on Gaza.
Tareq Shrourou – Director of LPHR
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Our event this Tuesday entitled ‘Legal Accountability following the UN Commission of Inquiry Report on Gaza’ is now sold-out. Please do visit LPHR’s website and follow us on social media for a summary of the speakers’ presentations.