A/HRC/44/60
22.
A number of arrests by Palestinian Security Forces continued to be reported in the
West Bank. Many of those arrested were accused of using social media platforms to criticize
the Palestinian authority or expressing opposing political views. 32 Limitations on freedom of
expression remain a concern for journalists. A number of allegations of ill-treatment of those
arrested also continue to be received.
H.
The Impact of the COVID 19 Pandemic
23
As of 8 July, the total reported cases of COVID-19 in the occupied Palestinian
Territories were 5,567 and 72 in Gaza33 while they stood at 33,556 cases in Israel with a
reported average of 3690 cases per day. As of the writing of this report the rate of increase in
cases remains alarming, despite the implementation of considerable measures by all duty
bearers to contain the pandemic. Accordingly, vulnerable groups, particularly Palestinian
prisoners, including children, older persons and those with chronic conditions, remain very
exposed to infection with the virus. Israel, as the occupying power, remains primarily
responsible for ensuring the right to health of Palestinians and ensuring that all preventive
measures are utilized to combat the spread of the pandemic. 34 In this context, Israeli
authorities have continued to impede efforts to combat the spread of COVID-19 in occupied
East Jerusalem. In one reported incident in April, Israeli Security Forces raided a clinic in the
Palestinian neighbourhood of Silwan and arrested a number of doctors under the pretext that
it was run by the Palestinian Authority. 35 The clinic provided testing kits to Palestinian
inhabitants due to the lack of coverage and treatment in the area. Despite measures imposed
to combat the spread of the virus including restrictions on movement, levels of violence
particularly settler violence and demolition of Palestinian homes have increased in the last
few months. Besides exposing Palestinians to further violence, settler attacks increased the
risk of their exposure and infection with COVID-19.
III.
Collective Punishment and the Israeli Occupation
24.
Collective punishment is an inflamed scar that runs across the entire 53-year-old
Israeli occupation of Palestine. Over these years, two million Palestinians in Gaza have
endured a comprehensive air, sea and land blockade since 2007, several thousand Palestinian
homes have been punitively demolished, extended curfews have paralyzed entire towns and
regions, the bodies of dead Palestinians have been withheld from their families, and critical
civilian supplies – including food, water and utilities – have been denied at various times.
Notwithstanding numerous resolutions, reports and reminders critical of its use, Israel
continues to rely upon collective punishment as a prominent instrument in its coercive
toolbox of population control.
25.
A fundamental tenet of any legal system – domestic and international – which respects
the rule of law is the principle that the innocent cannot be punished for the crimes of others.
A corollary of this tenet is that the collective punishment of communities or groups of peoples
for offences committed by individuals is absolutely prohibited under modern law. Individual
responsibility is the cornerstone of any rights-based legal order, as explained by Hugo Grotius,
the 17th century Dutch legal philosopher: “No one who is innocent of wrong may be punished
for the wrong done by another.”36
26.
Throughout history and in contemporary times, belligerent armies, colonial authorities
and occupying powers have commonly employed a spectrum of collective punishment
32
33
34
35
36
https://www.amnesty.org/en/latest/news/2020/05/palestine-end-arbitrary-detention-of-critics-in-westbank-and-gaza/.
https://app.powerbi.com/view?r=eyJrIjoiODJlYWM1YTEtNDAxZS00
OTFlLThkZjktNDA1ODY2OGQ3NGJkIiwidCI6ImY2MTBjMGI3LWJkMjQtNGIzOS04MTBiLT
NkYzI4MGFmYjU5MCIsImMiOjh9.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25728&LangID=E.
https://www.middleeastmonitor.com/20200416-israel-closes-coronavirus-testing-centre-in-occupiedeast-jerusalem/.
S. Neff (ed.), Hugo Grotius on the Law of War and Peace: Student Edition (Cambridge University
Press, 2012) at 298.
7
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