Practice Relating to Rule 149. Responsibility for Violations of International Humanitarian Law
In the Eichmann case in 1961, Israel’s District Court of Jerusalem stated:
It is true that under international law Germany bears not only moral, but also legal, responsibility for all the crimes that were committed as its own ‘acts of State’, including the crimes attributed to the accused.
In 1997, during a debate concerning UNIFIL in the Fifth Committee of the UN General Assembly, Israel stated that “Israel’s action in providing medical assistance to injured members of UNIFIL had been a purely humanitarian gesture which should under no circumstances be interpreted as an admission of any responsibility” for Israel’s attack on a UNIFIL compound at Qana and the costs resulting therefrom.
According to the Report on the Practice of Israel: “Israel acknowledges and supports the view that States bear a responsibility under international law, for all violations of the laws of war perpetrated by them or by individuals under their responsibility.”
In January 2010, in an update of its July 2009 report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009, Israel’s Ministry of Foreign Affairs stated: “Under international law, the responsibility to investigate and prosecute alleged violations of the Law of Armed Conflict by a state’s military forces falls first and foremost to that state.”
[footnote in original omitted]