An independent investigation concluded that ‘nations have a duty to ‘arrest persons alleged to have committed, or who ordered to have committed, the international crimes described in the present report’

Palestinian protesters evacuate a wounded woman during a protest at the Gaza Strip’s border with Israel, Friday, April 20, 2018. Khalil Hamra | AP

A 22-page report was published on February 25, 2019, titled, “Report of the independent international commission of inquiry on the protest in the Occupied Palestinian Territory.”

The report stated that the United Nations Human Rights Council resolution S-28/1 mandated that an independent international commission of inquiry investigate the demonstrations held in Gaza between March 30 and 31-December 2018, the response of Israeli security forces to the demonstrations, and the impact on civilians in Gaza and Israel.

The commission was mandated to focus on accountability and identifying those responsible for violations of international human rights law and international humanitarian law. The commission found reasonable grounds to believe that some violations constitute international crimes.”

Palestinians shot in the legs during protests at the Gaza border with Israel pose as they await treatment at a Gaza City clinic run by MSF (Doctors Without Borders). Felipe Dana | AP

The commission concluded:

D. Ensuring accountability and reparations for violations committed

125. The commission recommends that the Government of Israel:

(a) Investigate promptly, impartially and independently every protest-related killing and injury in accordance with international standards, to determine whether war crimes or crimes against humanity have been committed with a view to holding those found to be responsible accountable;

(b) In accordance with General Assembly resolution 60/147, ensure prompt, adequate and effective remedies for those killed or injured unlawfully, including timely rehabilitation, compensation, satisfaction and guarantees of non-repetition;

(c) Amend the law on civil liability to provide a remedy to Gazans through Israeli courts for breaches of international human rights law or international humanitarian law by the Israeli security forces.

126. The commission recommends that the United Nations High Commissioner for Human Rights manage the dossiers on alleged perpetrators, to be provided to national and international justice mechanisms, including the International Criminal Court, undertaking credible and independent investigations into alleged international crimes and violations.

127. The commission recommends that States Members of the United Nations consider imposing individual sanctions, such as a travel ban or an assets freeze, on those identified as responsible by the commission.

128. The commission recommends that States parties to the Geneva Conventions and/or to the Rome Statute carry out their duty to exercise criminal jurisdiction and arrest persons alleged to have committed, or who ordered to have committed, the international crimes described in the present report, and either to try or to extradite them.