A/HRC/12/48 (ADVANCE 2)
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free will and decisions of Palestinians and without external interference would strengthen
the ability of Palestinian authorities and institutions to protect the rights of the people
under their responsibility.
I.
The need for protection and the role of the international community
1912. International law sets obligations on States not only to respect but also to ensure
respect for international humanitarian law. The International Court of Justice stated in its
Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory that “all States parties to the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the
obligation, while respecting the United Nations Charter and international law, to ensure
compliance by Israel with international humanitarian law as embodied in that
Convention".
1913. The 2005 World Summit Outcome document recognized that the international
community, through the United Nations, also has the responsibility to use appropriate
diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and
VIII of the Charter, to help protect populations from, inter alia, war crimes and crimes
against humanity. The document stressed that the Members of the United Nations are
prepared to take collective action, in a timely and decisive manner, through the Security
Council, in accordance with the Charter, including Chapter VII should peaceful means be
inadequate and national authorities are manifestly failing to protect their populations from
genocide, war crimes, ethnic cleansing and crimes against humanity. In 2009, the
Secretary-General, in his report on implementing the responsibility to protect, noted that
the enumeration of these crimes did not “detract in any way from the much broader range
of obligations existing under international humanitarian law, international human rights
law, refugee law and international criminal law.”
1914. After decades of sustained conflict, the level of threat to which both Palestinians and
Israelis are subjected has not abated, but if anything increased with continued escalations
of violence, death and suffering for the civilian population, of which the December-January
military operations in Gaza are only the most recent occurrence. Israel is therefore also
failing to protect its own citizens by refusing to acknowledge the futility of resorting to
violent means and military power.
1915. Israeli incursions and military actions in the Gaza Strip did not stop after the end of
the military operations of December – January.
1916. The Security Council has placed the protection of civilian populations on its agenda
as a regular item, recognizing it as a matter falling within its responsibility. The Mission
notes that the international community has been largely silent and has to date failed to act
to ensure the protection of the civilian population in the Gaza Strip and generally the
Occupied Palestinian Territory. Suffice it to notice the lack of adequate reaction to the
blockade and its consequences, to the Gaza military operations and, in their aftermath, to
the continuing obstacles to reconstruction. The Mission also considers that the isolation of
the Gaza authorities and the sanctions against the Gaza Strip have had a negative impact
on the protection of the population. Immediate action to enable reconstruction in Gaza is
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