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

International Criminal Law Review, Vol 12, No 4 (2012) pp. 905-935

32 Pages Posted: 24 Jul 2013 Last revised: 11 Mar 2018

See all articles by Valentina Azarova

Valentina Azarova

Manchester International Law Centre (MILC), Manchester University Law School

Sharon Weill

Sciences Po

Date Written: November 1, 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 1, 2012). International Criminal Law Review, Vol 12, No 4 (2012) pp. 905-935 . Available at SSRN: https://ssrn.com/abstract=2297656

Valentina Azarova (Contact Author)

Manchester International Law Centre (MILC), Manchester University Law School ( email )

Oxford Road
Manchester, M13 9PL
United Kingdom

Sharon Weill

Sciences Po ( email )

27 rue Saint-Guillaume
Paris Cedex 07, 75337
France

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