A/HRC/10/29 relevant international obligations were already met by existing legislation and case law, and whether passing implementing legislation was needed prior to becoming a party to an international treaty. This process involved extensive and meticulous governmental work to assess the compatibility of new treaties with domestic law, and where necessary, to introduce relevant amendments to the law. Furthermore, Israeli courts recognized and applied a presumption of compatibility as an interpretive tool, assuming that the Knesset, when enacting new legislation, had no intention of derogating or deviating from international obligations; therefore, Israeli legislation should be interpreted in conformity with international law, unless an explicit intention to the opposite existed. In addition, certain laws integrated some of the human rights treaties into Israeli legislation. It also noted that customary law, in contrast to treaty law, was considered part of domestic law; it was binding without the need of transformation by a statute, unless it explicitly conflicted with an existing statute. 464. With regard to the recommendation to evaluate the possibility of ratifying the second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty, Israel reiterated what was indicated in its national report, that while it is not in a position to ratify the Protocol, Israel had applied a de facto moratorium on executions, and the only exception that had ever been implemented since the establishment of Israel was in the case of the Nazi war criminal Adolph Eichmann in 1962, who was convicted by the Supreme Court of committing genocide under the 1950 punishment of Nazi and Nazi Collaborators Law. The death penalty had not been applied since. This policy complies with the State’s obligations as a State party under United Nations human rights treaties and its sponsorship of United Nations resolutions in support of a moratorium on the imposition of the death penalty. 465. Israel also took note of the recommendation to intensify its efforts to ensure that human rights were respected in the fight against terrorism. This remained an ongoing challenge for Israel as it continued to confront the threat of terrorism. Israel was keenly aware of the need to find a balance between competing rights and other considerations in this regard, and remained ready and willing to share its experience and challenges with other countries. 466. Israel indicated it would make a concerted effort to incorporate civil society groups when considering how to implement further the recommendations received, and would continue to explore ways to engage with the members of civil society in the protection of human rights in Israel. (b) Views expressed by Member and observer States of the Council on the review outcome 467. Palestine noted that none of the 12 recommendations that it had made on the basis of the principles of international humanitarian law and international human rights law had been taken into account by Israel. Palestine reminded that Israel was the occupying Power of Palestinian and other Arab territories and had recently unleashed a savage attack against the Gaza Strip, leading to thousands of deaths, the destruction of homes, places of worship, hospitals and even United Nations buildings. Israel had imposed a blockade on Gaza for two years, and had already started to demolish 80 other houses and displace more than 1,500 Palestinians living in East Jerusalem. Due consideration should be given to the numerous appeals by the Secretary-General, the United Nations High Commissioner for Human Rights, by special rapporteurs, particularly the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, and the presidents of the International Committee of the Red Cross and of the Federation of the Red Cross and Red Crescent, the head of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the Under-Secretary-General for Humanitarian Affairs, the Organization of the Islamic Conference, the Non-Aligned Movement, the Arab League and international 160 GE.09-17451

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