A/HRC/42/46
F.
State of Palestine
39.
In 2018, the State of Palestine submitted an inter-State communication under the
International Convention on the Elimination of All Forms of Racial Discrimination against
Israel. In it, the State of Palestine claimed discrimination and other practices and policies
that violate State obligations under the Convention. 53 The detailed contents of the
communication have not been made public yet, but it may be assumed that the State of
Palestine could seek to challenge, inter alia, the continuing blockade implemented by the
occupying Power, as constituting a breach of obligations under the Convention. It should be
recalled that the Special Rapporteur on the situation of human rights in the Palestinian
territories occupied since 1967 has found that the blockade constitutes collective
punishment of the people of Gaza, contrary to article 33 of the Geneva Convention relative
to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention)
(A/70/392, para. 22, and A/73/175, para. 30). The Special Rapporteur also cannot but draw
attention to an alarming recent report in which the United Nations Relief and Works
Agency for Palestine Refugees in the Near East states that more than one million people in
Gaza – half of the population of the territory – may not have enough food by June 2019 as a
result of the blockade coupled with other factors such as successive conflicts that have
razed entire neighbourhoods and public infrastructure to the ground.54
G.
Syrian Arab Republic
40.
Measures which, when superimposed, become comprehensive economic sanctions
continue to be imposed on the Syrian Arab Republic by a number of States and regional
organizations, such as the European Union, which again in 2018 extended its restrictive
measures, until 1 June 2019.55 The measures are being maintained as the political-military
process towards peace evolves and as the situation on the ground becomes more stable. The
reason for extending sanctions is that the human rights of Syrians continue to be violated by
the Government. This effectively means fighting the blaze of human rights violations not
with a hose but with a flamethrower.
41.
In recent months, the United States has strongly tightened the measures that prohibit
oil exports to the Syrian Arab Republic through targeted sanctions on foreign entities
accused of facilitating transactions on oil deliveries to that country,56 as well as through the
issuance of an advisory to the maritime petroleum shipping community issued by the Office
of Foreign Assets Control to “alert persons globally to the significant US sanctions risks for
parties involved in petroleum shipments to the Government of Syria”.57 The stated objective
of these measures is to “disrupt support for the Assad regime by preventing the
normalization of economic and diplomatic relations and the provision of reconstruction
funding, as well as permanently denying the regime the use of chemical weapons. The
United States is committed to isolating the Assad regime and its supporters from the global
financial and trade system in response to the continued atrocities committed by the regime
against the Syrian people”.58 Such an overt claim that sanctions are being used to prevent
the normalization of economic and diplomatic relations and reconstruction funding is a
crude admission of disregard for the principles of the Charter of the United Nations, human
rights and humanitarian law.
53
54
55
56
57
58
12
See www.ohchr.org/EN/HRBodies/CERD/Pages/InterstateCommunications.aspx.
See www.unrwa.org/newsroom/press-releases/more-one-million-people-gaza-%E2%80%93-halfpopulation-territory-%E2%80%93-may-not-have (13 May 2019).
Council of the European Union, “Syria: EU extends sanctions against the regime by one year”, press
release, 28 May 2018.
United States Department of the Treasury, “Treasury designates illicit Russia-Iran oil network
supporting the Assad regime, Hizballah, and Hamas”, 20 November 2018; Alex Wayne, “US
sanctions Russian companies to choke off oil for Syria”, Bloomberg, 20 November 2018.
United States Department of the Treasury, “OFAC advisory to the maritime petroleum shipping
community”, 25 March 2019.
Ibid.
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