A/HRC/44/60
as it would still constitute a serious violation of international law and still requiring a
concerted reaction by the international community. Opposition to the planned annexation has
grown steadily in the last few weeks. On 23 June, more than 1,080 parliamentarians from 25
European countries wrote to European government and leaders against the Israeli planned
annexation.27 On 26 June, the Belgian Chamber of Representatives, called, in a sweeping
vote, for the creation of a list of potential “counter-measures” should the planned annexation
take place.
19.
Israeli occupation has for decades continued to impose conditions on the ground that
entail serious human rights violations against Palestinians. The planned annexation will
further aggravate and intensify these violations and will affect millions of Palestinians living
in the occupied West Bank and the Jordan Valley. It may well lead to forcible displacement
of various communities living in the area which include hundreds of thousands of
Palestinians; expulsion and confiscation of their property; control of their natural resources;
and would possibly complicate their status further leading to the statelessness of many. The
outcome of such an annexation would further entrench a two-tier system in which two people
are ruled by the same power, but with profoundly unequal rights. Communities living in
areas threatened by annexation, particularly in the Jordan Valley, already suffer
discrimination and neglect while their properties have been demolished or have received
demolition orders by Israeli military authorities. Those communities are in dire need of
protection as their situation would become much more fragile with the prospect of the
annexation.
F.
The International Criminal Court (ICC)
20.
The Special Rapporteur welcomes the ICC Prosecutor’s announcement of 20
December 2019, when the Prosecutor of the International Criminal Court, Fatou Bensouda,
released a statement in which she determined that there is a reasonable basis to initiate an
investigation into the situation in Palestine, pursuant to article 53(1) of the ICC Statute. While
the Prosecutor deferred the final determination on the scope of the territorial jurisdiction to
the Pre-Trial Chamber, it is the Prosecutor’ s view that the Court has jurisdiction over the
situation in Palestine, extending to the Occupied Palestinian territory, namely West Bank,
including East Jerusalem and Gaza28. On 30 April 2020, the Prosecutor reiterated her position
on the scope of the Court’s territorial jurisdiction29.
G.
Human Rights Violations by the Hamas Authorities in Gaza and the
Palestinian Authority.
21.
Cases of arbitrary arrest and detention by the de-facto authorities in Gaza continued
to be reported, particularly of journalist, human rights and political activists. On 9 April, a
number of Palestinian activists were arrested and detained by the de-facto authorities after
being accused of engaging in “normalization activities with Israel”. A small group of activists
had organized a zoom call with young Israeli activists to discuss living conditions in Gaza.30
Many continue to be arrested because of their political affiliation and perceived opposition
to the Hamas authorities. Serious restrictions on freedom of expression continue to be in
place particularly in the context of reporting on the socio-economic impact of the COVID19 pandemic.31 In June, a number of persons were arrested by the de-facto authorities in Gaza,
as they expressed opposing political views and attempted to organize events that were banned
by security forces.
27
28
29
30
31
6
https://www.scribd.com/document/466688615/Letter-by-European-Parliamentarians-Against-IsraeliAnnexation.
https://www.icc-cpi.int/Pages/item.aspx?name=20191220-otp-statement-palestine.
https://www.icc-cpi.int/CourtRecords/CR2020_01746.PDF.
https://www.nytimes.com/2020/04/10/world/middleeast/rami-aman-palestinian-activist-arrested.html.
https://www.amnesty.org.uk/press-releases/palestine-critics-hamas-and-palestinian-authorityarrested-during covid-19-pandemic.
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