A/HRC/12/37 page 26 members and friends. As noted above, the International Court of Justice has found that both ICCPR and ICESCR remain applicable in the West Bank, and the entire regime restricting the freedom of movement of the Palestinian population is in violation of Israel’s international obligations under these treaties. VI. CONCLUSIONS AND RECOMMENDATIONS: THE NEED FOR ACCOUNTABILITY 77. During the reporting period, the already critical human rights situation in the OPT deteriorated further. The recommendations made by the United Nations Secretary-General and the High Commissioner for Human Rights in recent reports on the human rights situation106 have not been implemented. All recommendations made previously by the Secretary-General and the High Commissioner, addressed to all duty bearers, remain valid and urgently need to be implemented by the parties. In particular, the High Commissioner remains gravely concerned that Israel has not yet complied with the Advisory Opinion on the Wall of the International Court of Justice, and that the severe restrictions on movement of Palestinian persons in the West Bank continue. 78. As reported above, significant prima facie evidence indicates that serious violations of international humanitarian law as well as gross human rights violations occurred during the military operations of 27 December 2008 to 18 January 2009, which were compounded by the blockade that the population of Gaza endured in the months prior to Operation Cast Lead and which continues. 79. Across the OPT, reported human rights violations during the reporting period include arbitrary detentions; torture and ill-treatment; extrajudicial executions; forced evictions and home demolitions; settlement expansion and related violence; as well as restrictions on freedom of movement and freedom of expression. While these violations are of deep concern in their own right, the nearly total impunity that persists for such violations (regardless of the responsible duty bearer) is of grave concern, and constitutes a root cause for their persistence. 80. In this context, the High Commissioner makes the following recommendations: • The blockade of Gaza and the restrictions on the entry and exit of people and goods in the West Bank, as well as inside the West Bank, amount to collective punishment under article 33 of the Fourth Geneva Convention. The High Commissioner reiterates her call for the immediate easing of restrictions with a view to the complete lifting of the blockade and other restrictions. • All allegations of violations of international humanitarian law and human rights violations during the Gaza military operations must be investigated by credible, independent and transparent accountability mechanisms, taking fully into account international standards on due process of law. Equally crucial is upholding the 106 Including A/63/518, A/63/519, A/HRC/7/76, A/HRC/8/17 and A/HRC/8/18.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents