Christian Tomuschat								D-13467   Berlin
Professor of international law						Odilostr. 25a
Former member, Human Rights Committee
Former member and chairman, International Law Commission


H.E. Mr. Sihasak Phuangketkeow 
President of the Human Rights Council 
c/o Office of the High Commissioner for Human Rights 
E-mail:  mailto:hrcpresidency@ohchr.orghrcpresidency@ohchr.org




Committee of Independent Experts
to monitor investigations into violations in Gaza



Excellency,

To my deep regret, I have to inform you that I am unable to serve as head of the Committee of Independent Experts to monitor investigations into violations in Gaza for a new term of office.

I felt greatly honoured when the High Commissioner for Human Rights requested me to accept the chair of the Committee of Experts in June of this year. I assumed this task with a lot of confidence, hoping to make a significant contribution to the improvement of the complex situation between Israel and the Palestinians, and I do hope that the report delivered on 27 September met these expectations at least to some extent. However, at that time already I had entered into firm commitments regarding the first months of 2011. In particular, I have been appointed by my Government as lead counsel in the proceeding Germany v. Italy which is currently pending before the International Court of Justice. According to reliable forecasts, the oral hearings will take place in March or April 2011. Preparations for this decisive stage of the proceedings will require a high amount of time. Additionally, I am involved in two major publication projects (UN Charter commentary, ICJ Statute commentary) where I shall have to finalize my contributions by March 2011. As a consequence of these commitments, I could not possibly devote enough time to any functions as chair of the Committee of Experts under its renewed mandate. These considerations have unfortunately compelled me to decline the generous offer again made to me by the High Commissioner for Human Rights.

Let me point out to you that I do not feel deterred by specific attempts to discredit my impartiality and objectivity. These attempts could rather have led me to brush aside my reservations.

Let me at the same time express my gratitude to you and the High Commissioner for having entrusted me with the responsibility for chairing the Committee of Experts. I enjoyed working with my colleagues, Mrs. Mary McGowan Davis and Mr. Param Cumaraswamy. I would also like to add that we were aided by staff of the OHCHR in the best imaginable way. The United Nations could not have provided more efficient professional assistance. I am confident that the human resources available to the OHCHR will make it possible to form a new team that will be able to work as efficiently as the Committee which I had the honour and pleasure to chair.

Please accept, Excellency, the expression of my highest consideration.
Yours sincerely,

Christian Tomuschat