A/HRC/44/60
its solemn obligations towards the protected population or disregards its binding duty to end
the occupation as soon as reasonably possible only fertilizes popular resistance and rebellion.
And the more that it employs unjust and illegal measures – such as collective punishment –
to sustain its alien rule, the greater the defiance that it sows.
V.
Recommendations
82.
The Special Rapporteur recommends that the Government of Israel comply with
international law and the international consensus by bringing a full and speedy end to
its 53 year-old occupation of the Palestinian territory. The Special Rapporteur further
recommends that the Government of Israel take the following immediate measures:
(a). Renounce the annexation of East Jerusalem and the plans to annex further
parts of the West Bank;
(b). End the settlement enterprise in full compliance with United Nations
resolutions and international law including Resolution 2334 (2016)
(c).
Negotiate in good faith with the State of Palestine to realize Palestinian
self-determination in accordance with international law;
(d). Ensure the protection of individuals seeking to exercise their rights to
freedom of peaceful assembly and association and to freedom of expression, including
human rights defenders;
(e). Ensure full accountability among its military and security forces for all
violations of human rights and humanitarian obligations;
(f).
Ensure that the use of force by its military and security forces when
encountering demonstrations and protests strictly observes the requirements of
international law, including limiting the use of lethal weapons to circumstances
involving an imminent threat of serious injury or death.;
83.
End all measures amounting to collective punishment, including an end to: the
closure of Gaza, all restrictions on freedom of movement across the Occupied
Palestinian Territory, the punitive demolitions of homes, the punitive residency
revocations, the cutting of benefits, the punitive closures of towns and all delays in
returning bodies for burial.
84.
Adopt the recommendation of the former United Nations High Commissioner
for Human Rights issued in June 2017, which asked the General Assembly to make use
of its powers under Article 96 (a) of the Charter of the United Nations to seek an
advisory opinion from the International Court of Justice on the legal obligation of Israel
to end the occupation and the international community’s legal obligations and powers
to ensure accountability and bring an end to impunity.
85.
In line with the international legal obligations respecting state responsibility, the
international community should take all measures, including countermeasures and
sanctions, necessary to ensure the respect by Israel of its duty under international law
to end the occupation.
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