August 13, 2009

II. Recommendations

To the government of Israel

Conduct a prompt and impartial investigation into the alleged violations of international humanitarian law documented in this report. Make the investigation results public and prosecute those responsible for war crimes in trials respecting international standards.
Provide prompt and adequate compensation for civilian deaths and injuries that resulted from attacks by Israeli forces in violation of the laws of war during Operation Cast Lead.
Give full consideration to the findings and recommendations of the final report produced by the United Nations Human Rights Council’s Gaza fact-finding mission.

Use all relevant UN fora, including the Human Rights Council, the General Assembly and the Security Council, to insist that Israel and Hamas conduct transparent and impartial investigations into allegations of serious laws-of-war violations during the recent hostilities in Gaza and Israel, make the results public, and prosecute those responsible for war crimes in trials respecting international standards.
Use all relevant UN fora, including the Human Rights Council, the General Assembly and the Security Council, to urge Israel, Hamas and other Palestinian armed groups in Gaza to consider the findings and recommendations of the Human Rights Council’s Gaza fact-finding mission.
Establish a dedicated UN mechanism that would monitor and report on efforts by Israel and Hamas to conduct transparent and impartial investigations into allegations of serious laws-of-war violations committed during the recent hostilities in Gaza and Israel, and prosecute those responsible in accordance with international due process standards.
In the event that Israel and Hamas authorities are unable or unwilling to investigate and prosecute through fair trials those responsible for war crimes during the recent hostilities in Gaza and Israel, press for the use of international prosecutions.