Article

International and local enforcement measures in response to serious violations of IHL during the Gaza military operations in December 2008- January 2009 : the Goldstone report and subsequent developments

Alon Margalit

• Yearbook of islamic and middle eastern law, Vol. 15, 2009-2010, p. 79-93

English

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The allegations regarding serious violations of international humanitarian law (IHL) during the three weeks of hostilities in the Gaza strip from late December 2008, some of them cited in the Goldstone report, require both parties to the conflict to initiate a domestic enforcement process. International law directs Israel, as well as the Hamas government in Gaza, to open criminal investigations into serious allegations of grave breaches of the Fourth Geneva Convention, to prosecute and punish the perpetrators when evidence so demands and to compensate the victims where appropriate. This short paper describes and evaluates the enforcement efforts taken both at international and domestic levels. So far, various reports suggest that local enforcement procedures do not meet international standards. However, a close and persistent involvement of the international community in the domestic process may still lead to improved results in terms of accountability and justice for the victims.

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