Article

The report of the Human Right's Council Commission of Inquiry on the 2014 operation in the Gaza strip : a critical analysis

by Pnina Sharvit Baruch

• Israel yearbook on human rights, Vol. 46, 2016, p. 29-102

English

This article critically examines the report published on June 22, 2015 by the UN Independent Commission of Inquiry, established by the Human Rights Council to investigate the conduct of the parties to the 2014 military conflict in the Gaza Strip. Through a detailed examination of the report, the author seeks to demonstrate that the factual and legal analysis presented in the report contain flaws and lack the military understanding that is crucial for a professional and credible fact finding mission into armed conflict situations. The author also argues that the report displays a clear bias against Israel and an unbalanced treatment of the two sides to the conflict and concludes that as a resource for genuine evaluation of the conduct of the parties to the conflict in the Gaza Strip, this report should be approached with the utmost caution, and in particular, it should not serve as a basis for deducing potential criminal responsibility.

• Full text : restricted access (ICRC)

• Israel yearbook on human rights / publ. under the auspices of the Faculty of Law, Tel Aviv University
• Israel yearbook on human rights [Vol. 46, 2016] / publ. under the auspices of the Faculty of Law, Tel Aviv University