A/HRC/16/71
international humanitarian law, especially by the launching of indiscriminate rockets
and mortars toward Israel.
57.
It is critical to note that the recommendations made by the Secretary-General
and the High Commissioner for Human Rights in recent reports on the Occupied
Palestinian Territory have still not been implemented.72 They remain valid and need
to be implemented as a matter of urgency.
58.
Many of the recommendations contained in the report of the United Nations
Fact-Finding Mission on the Gaza Conflict also remain to be effectively implemented
(A/HRC/12/48, para. 1979 (b)), including those addressed to Israel (para. 1972 (a)–(i))
regarding the blockade of Gaza and its concomitant regime that limits sea access and
agricultural activity; rules of engagement, standard operating procedures and open
fire regulations in accordance with international humanitarian law; freedom of
movement; Palestinian children detained in Israeli prisons and discriminatory
treatment of Palestinian detainees; detention of PLC members; an independent
inquiry to assess whether the treatment by Israeli judicial authorities of Palestinian
and Jewish Israelis expressing dissent in relation to the Gaza conflict was
discriminatory; and the need to reiterate a commitment to respecting the inviolability
of United Nations premises and personnel. In relation to recommendations that were
addressed to Palestinian armed groups (para. 1973 (a)–(b)), there remains a need to
ensure respect for international humanitarian law and, with regard to Israeli soldier
Gilad Shalit, to act on the Mission’s recommendation to release him on humanitarian
grounds. With respect to recommendations to responsible Palestinian authorities,
paragraph 1974 (b) regarding political detainees has not been implemented, and
Palestinian non-governmental organizations still are not able to operate freely and
independently in line with paragraph 1974 (c).
59.
In this context the High Commissioner for Human Rights recommends that the
Government of Israel take the following actions:
(a)
Fully lift the blockade of Gaza, with due regard to legitimate security
concerns. This should include putting in place more efficient measures to facilitate the
movement of people to and from Gaza, permitting goods to be exported from Gaza,
and ensuring that materials for reconstruction can be delivered to Gaza;
(b)
Bring policies and practices regarding the detention of persons from the
Occupied Palestinian Territory into compliance with the Fourth Geneva Convention,
in particular with respect to detaining them within occupied territory;
(c)
Publicly clarify restrictions on freedom of movement inside Gaza,
including with respect to its maritime territory. Such restrictions should take full
account of the agricultural, fishing and other affected industries in Gaza, and the
impact that these industries have on the human rights situation. Further, the methods
of enforcing such restrictions should be consistent with Israel’s international legal
obligations, and should never include the use of live ammunition against civilians;
(d)
Adopt effective measures to lessen tension in East Jerusalem, in
particular by ending the demolition of Palestinian homes, desisting from building
settlements, facilitating access to the Al-Aqsa Mosque, and preventing, investigating
and prosecuting violent acts perpetrated by Israeli settlers;
(e)
Bring relevant policies and practices into compliance with the Fourth
Geneva Convention’s prohibition on the forcible transfer of civilians in occupied
72
16
This includes A/HRC/12/37, A/HRC/13/54, A/65/365 and A/65/366.
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