A/HRC/34/36
there is little information available about any investigation at all into violations of
international law.
80.
There can be no rule of law when human rights violations are committed with
impunity and duty bearers ignore their international obligations. There can be no
justice when victims of violations have no remedies available. There can be no peace
in the absence of justice and the rule of law.
A.
Government of Israel
81.
The High Commissioner recommends that the Government of Israel:
(a)
Ensure that all incidents in which law enforcement officers kill or injure
any Palestinian, including in the Gaza “access restricted area”, are promptly
subjected to thorough, independent, impartial and effective criminal investigations;
(b)
Ensure that firearms may only be used where there is imminent threat of
death or serious injury and not as a crowd-control measure and that all instances of
unnecessary use of firearms and force lead to the accountability of the responsible law
enforcement officers; and ensure also that security forces are adequately equipped
and trained on the use of less-lethal weapons;
(c)
Give security personnel clear instructions to provide first aid to
individuals wounded by the use of force and not to prevent paramedics from tending
to wounded persons;
(d)
In the context of hostilities in Gaza, ensure respect for international
humanitarian law, in particular the principles of distinction, proportionality and
precaution, and ensure accountability for all grave violations, including at the
command level;
(e)
Ensure that the rights of detainees are respected, particularly that they
are not subject to torture or ill-treatment, and have access to their lawyers and family
members;
(f)
Promptly end the practice of administrative detention and either charge
or release all individuals currently held under that regime;
(g)
Ensure that all children under the age of 18 years are treated with due
consideration for their age and detained only as a last resort and, if so, for the shortest
possible time and for the purpose of rehabilitation;
(h)
Ensure that all allegations of torture are promptly, thoroughly and
effectively investigated by an independent and impartial body;
(i)
Immediately end all practices of collective punishment, including the
blockade of Gaza, punitive house demolitions, closures of towns and villages and the
retention of bodies;
(j)
Ensure that human rights defenders, in both Israel and the Occupied
Palestinian Territory, are respected and protected and permitted to conduct their
activities without harassment.
17
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