A/HRC/12/48
page 46
Gaza authorities in advance of completing its analysis and findings. The Mission received replies
from the Palestinian Authority and the Gaza authorities but not from Israel.
II.
CONTEXT
176. The Mission is of the view that the events that it was mandated to investigate should not
be considered in isolation. They are part of a broader context, and are deeply rooted in the many
years of Israeli occupation of the Palestinian Territory and in the political and violent
confrontation that have characterized the history of the region. A review of the historical,
political and military developments between the Six-Day War in 1967 and the announcement of
the “period of calm” (Tahdiyah) in June 2008,6 and of Israeli policies towards the Occupied
Palestinian Territory is necessary to consider and understand the events that fall more directly
within the scope of the Mission’s mandate.
A.
Historical context
177. The West Bank, including East Jerusalem, and the Gaza Strip were captured by Israel
following the Six-Day War of June 1967. The two non-contiguous areas had been administered
by Jordan and Egypt, respectively, since the establishment of the “Green Line” along the 1949
Armistice demarcation, separating the newly founded State of Israel and its neighbours. After
1967, the two areas were administered directly by military commanders until 1981 and since
then through a “Civil Administration” established by the Israeli armed forces. “Military orders”
were used to rule the civil affairs of the Palestinian population superimposing and often revoking
pre-existing Jordanian laws in the West Bank and Egyptian laws in the Gaza Strip. East
Jerusalem was annexed to the Israeli municipality of the city and in 1980 the Knesset passed a
law which declared that "Jerusalem, complete and united, is the capital of Israel”. With Security
Council resolution 478 (1980), the United Nations declared this law “null and void”,
condemning any attempt to “alter the character and status of Jerusalem”.7 No member of the
United Nations, apart from Israel, recognizes the annexation of East Jerusalem.
178. After the Likud party won the 1977 Israeli elections, the establishment of settlements
within the occupied territories of the West Bank and the Gaza Strip dramatically accelerated, and
the expropriation of Palestinian lands and the construction of settlements have continued
unabated to this day. Many years of growing tension and violence concerning the unresolved
status of the Palestinian territory occupied by Israel ensued. In 1987 a widespread popular
uprising – the intifada – was forcefully repressed by the Israeli security forces but lasted until
1993, when the leadership of the Palestine Liberation Organization (PLO) and the Government
Due to obvious space limitations, the historical context does not make reference to the numerous important events
that took place during this period (such as the 1973 War, the Camp David Accords, the peace treaty with Jordan, the
2006 Lebanon War and many others).
6
7
Adopted by 14 votes to none, with 1 abstention (United States of America).
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