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Israel's Unwillingness: Follow-Up Investigations to the UN Gaza Conflict Fact-Finding Mission Report

12 International Criminal Law Review 4 (2012)

Posted: 24 Jul 2013  

Valentina Azarova

Graduate Studies School, Birzeit University; Al-Quds Bard College, Al-Quds University, Palestine

Sharon Weill

University of Geneva

Date Written: November 2012

Abstract

Following Israel’s ‘Operation Cast Lead’, the UN called upon the Israeli and Palestinian authorities to conduct investigations and prosecutions of international crimes in accordance with international standards. The measures that the Israeli authorities undertook, when carefully examined, fall short of international standards. When examined under the lens of the admissibility criteria of the complementarity principle under Article 17 of the ICC Statute, this deficient practice emerges as part of a broader policy intended to shield perpetrators and maintain a climate of impunity for those committing international crimes. The need to find alternative avenues to provide victims with access to justice calls for an interrogation of the role of international criminal justice mechanisms, such as the ICC, in the Palestinian-Israeli conflict. This article examines recent developments concerning Israel’s investigations under the criteria set out by the complementarity principle.

Keywords: criminal law, principle of complementarity, UN Report on the Gaza Conflict, Israel, prosecution and investigation of international crimes

Suggested Citation

Azarova, Valentina and Weill, Sharon, Israel's Unwillingness: Follow-Up Investigations to the UN Gaza Conflict Fact-Finding Mission Report (November 2012). 12 International Criminal Law Review 4 (2012). Available at SSRN: https://ssrn.com/abstract=2297656

Valentina Azarova (Contact Author)

Graduate Studies School, Birzeit University ( email )

Palestine

Al-Quds Bard College, Al-Quds University, Palestine ( email )

Palestine

Sharon Weill

University of Geneva

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

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