A/HRC/16/24
brutally murdered while asleep.42 Palestinian civilians continue to be injured and killed by
Israeli soldiers, and a 65-year-old Palestinian man was killed “by mistake” as he slept in his
bed in Hebron in January.43 Meanwhile, Palestinian children are routinely arrested in the
middle of the night and taken off to military detention.44 Settler violence against
Palestinians and Palestinian violence against Israeli civilians continues in the West Bank.
The harsh conditions imposed on Palestinians at checkpoints and border controls, often in
humiliating circumstances, feeds the feeling of injustice among the civilian population.45 As
recently reported by the High Commissioner for Human Rights in her report on the
implementation of Human Rights Council resolutions S-9/1 and S-12/1 covering the period
from 4 February to 30 November 2010, the situation is of profound concern and serious
violations occur “on a widespread and persistent basis” (A/HRC/16/71, para. 55). As
stressed by the General Assembly in its resolution 64/254, there is a “need to ensure
accountability for all violations of international humanitarian law and international human
rights law in order to prevent impunity, ensure justice, deter further violations and promote
peace”. The Committee believes that significant and sustained efforts from the parties
concerned are required to achieve accountability and justice.
B.
Human rights defenders
65.
Second, the Committee is keenly aware that human rights organizations play a vital
role in any system of investigating and prosecuting allegations of violations of international
law. The Government of Israel has acknowledged that the MAG himself considers the
information provided by human rights defenders as an important part of his deliberations
about incidents. It has further represented that the Military Police actively seek the help of
human rights organizations and Israeli lawyers representing complainants in order to
facilitate meetings between Israeli investigators and Gaza residents.46 Similarly, both the
Independent Investigation Commission and the de facto Gaza authorities report receiving
valuable information from human rights organizations. The Commission engaged in
consultations with human rights and other civil society organizations and national figures in
relation to its methods of work, identifying potential difficulties, and how to resolve them
(A/64/890, annex II, p. 82, para. 64). The Committee itself has obtained invaluable
information from NGOs in Israel, the West Bank, Gaza, Geneva, London and New York.
66.
The FFM expressed concerns about allegations of hostile retaliatory actions directed
at civil society organizations for criticism of the Israeli authorities and for exposing alleged
violations of international law during the military operations (A/HRC/12/48, para. 1767) –
concerns that appear to be increasingly valid. The Committee has heard a constant refrain
from NGOs about the deteriorating climate for human rights defenders in Israel and that
this has had a negative impact on their ability to pursue their work. Specifically, the
Committee has been informed about an initiative in the Knesset to launch a parliamentary
inquiry probing human rights organizations, notwithstanding the Attorney General’s
42
43
44
45
46
16
Human Rights Watch, “West Bank: no excuse for murder of settler family”, 12 March 2011.
Available from www.hrw.org/en/news/2011/03/12/west-bank-no-excuse-murder-settler-family.
“IDF kills 65-year-old Palestinian man during raid on Hamas cell in Hebron”, Haaretz, 7 January
2011. Available from www.haaretz.com/news/diplomacy-defense/idf-kills-65-year-old-palestinianman-during-raid-on-hamas-cell-in-hebron-1.335713.
Defence for Children International – Palestine Section, “In their own words: a report on the situation
facing Palestinian children detained in occupied East Jerusalem”, 3 February 2011.
Jack Khoury, “Machsom Watch activist: removing checkpoints doesn’t remove the occupation”,
Haaretz, 15 February 2011. Available from www.haaretz.com/print-edition/features/machsom-watchactivist-removing-checkpoints-doesn-t-remove-the-occupation-1.343471.
Israel, “Gaza Operation” (note 17 above), para. 27.
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