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Human Rights Council
Fifteenth session
Agenda item 7
Human Rights situation in Palestine and other Occupied Arab territories

Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance

IV. Accountability and effective remedy

258. The Mission notes that the facts established give rise to a series of violations in law. In accordance with the provisions of the International Covenant on Civil and Political Rights, the victims of such violations have a right to an effective remedy which includes judicial remedies as well as the right to reparations which should be proportionate to the gravity of the violations. In cases of torture, victims should in addition be afforded medical and psychological care. Finally, article 9 (5) of the Covenant provides for a specific right to compensation. As far as the grave breaches of the Fourth Geneva Convention are concerned, these may give rise to individual criminal responsibility.

259. In the past, Israel has not honoured its obligations referred to in the preceding paragraph. It is hoped that on this occasion the Israeli authorities and those concerned will carry out prompt, independent and impartial judicial investigations of violations of 54 international law, including international humanitarian law and human rights law, with a view to bringing the perpetrators to justice.