Final Comments on the Report's recommendations

Re: Israel

The report decided that states have a duty to investigate allegations of breaches of the law and that Israel has not replied to the questions addressed to it by the mission. Investigations have been undertaken that do not, in the view of the mission, meet the standard set by the international law.

Re: Gaza

The mission noted that there is no system for the monitoring or redress of human rights violations and other international humanitarian legal questions in Gaza currently. Serious attempts are not evidently being made to prevent further rocket attacks upon southern Israel or militancy within Gaza. Further, allegations of serious ongoing wrongs committed by various groups including the authorities occurring within Gaza have not been seriously investigated.

Re: the West Bank

Lack of accountability for excesses committed (especially by the Palestinian authorities against Palestinian opponents of the authorities) also occurs in the West Bank. The Palestinian Ministry of the Interior has even chosen to ignore requirements to release detainees issued by the Palestinian High Court. The mission believed more commitment to human rights was required in the West Bank.

Final Comment and Recommendations

Given that the State actor, Israel, appears disinclined to act to protect human rights and in order to prevent impunity, the mission recommended that the universal jurisdiction be relied upon to promote international accountability. Reparations (as required by the international system of justice) not being available within the Israeli system, the mission further recommended that they be provided for by the international community. Finally, Chapter XXX of the report made recommendations arising from the findings of the mission to a number of UN bodies, Israel, responsible Palestinian authorities and the international community concerning accountability, reparations, the avoidance of further serious human rights violations, the blockade and reconstruction, military procedures, the protection of human rights defenders and follow-up procedures concerning the implementation of the recommendations.