A/HRC/15/21
Human Rights Committee itself has reaffirmed this view in its recent consideration of Israel
in July 2010.63
74.
Other relevant United Nations human rights standards applicable to member States
of the United Nations include the Code of Conduct for Law Enforcement Officials; the
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; the Body
of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment; and the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions.
III.
Interception of the flotilla by the Israeli Navy and its
aftermath
A.
Organization of the Gaza flotilla and the response of the Government of
Israel
Factual description and findings
75.
The Mission found the facts set out below to have been established to its
satisfaction.
(a)
The aims of the Free Gaza Movement and the Gaza flotilla of May 2010
76.
The Free Gaza Movement, a human rights organization registered as a charity in
Cyprus, organized five successful boat voyages to Gaza between August and December
2008 using on each occasion one or two small boats. The self-declared purpose of the
voyages was to break the blockade on Gaza. The boats were not intercepted by the Israeli
authorities at the time, although some threatening messages were received by the organizers
from the Israeli authorities. A sixth mission in December 2008 was obliged to divert to
63
18
CCPR/ISR/CO/3, para.5: “The Committee reiterates its view, previously noted in paragraph 11 of its
concluding observations on the State party’s second periodic report (CCPR/CO/78/ISR) and
paragraph 10 of its concluding observations on the State party’s initial report (CCPR/C/79/Add.93),
that the applicability of the regime of international humanitarian law during an armed conflict, as well
as in a situation of occupation, does not preclude the application of the Covenant, except by operation
of article 4, whereby certain provisions may be derogated from in a time of national emergency. The
Committee’s position has been endorsed, unanimously, by the International Court of Justice in its
Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory (Advisory Opinion, I.C.J. Reports 2004, p. 136), according to which the
Covenant is applicable in respect of acts done by a State in exercise of its jurisdiction outside its own
territory. Furthermore, the applicability of the regime of international humanitarian law does not
preclude accountability of States parties under article 2, paragraph 1, of the Covenant for the actions
of their authorities or agents outside their own territories, including in occupied territories. The
Committee therefore reiterates and underscores that, contrary to the State party’s position, in the
current circumstances, the provisions of the Covenant apply to the benefit of the population of the
occupied territories, including in the Gaza Strip, for all conduct by the State party’s authorities or
agents in those territories affecting the enjoyment of rights enshrined in the Covenant (arts. 2 and 40).
The State party should ensure the full application of the Covenant in Israel as well as in the occupied
territories, including the West Bank, East Jerusalem, the Gaza Strip and the occupied Syrian Golan
Heights. In accordance with the Committee’s general comment No. 31, the State party should ensure
that all persons under its jurisdiction and effective control are afforded the full enjoyment of the rights
enshrined in the Covenant.”
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