A/HRC/12/48 (ADVANCE 2)
page 23
(a) The Mission recommends that the General Assembly should request the
Security Council to report to it on measures taken with regard to ensuring accountability
for serious violations of international humanitarian law and human rights in relation to the
facts in this report and any other relevant facts in the context of the military operations in
Gaza, including the implementation of the Mission’s recommendations. The General
Assembly may remain appraised of the matter until it is satisfied that appropriate action is
taken at the domestic or international level in order to ensure justice for victims and
accountability for perpetrators. The General Assembly may consider whether additional
action within its powers is required in the interests of justice, including under its resolution
377 (V) on uniting for peace;
(b) The Mission recommends that the General Assembly should establish an
escrow fund to be used to pay adequate compensation to Palestinians who have suffered
loss and damage as a result of unlawful acts attributable to Israel during the December–
January military operation and actions in connection with it, and that the Government of
Israel should pay the required amounts into such fund. The Mission further recommends
that the General Assembly should ask the Office of the United Nations High Commissioner
for Human Rights to provide expert advice on the appropriate modalities to establish the
escrow fund;
(c) The Mission recommends that the General Assembly should ask the
Government of Switzerland to convene a conference of the high contracting parties to the
Fourth Geneva Convention of 1949 on measures to enforce the Convention in the Occupied
Palestinian Territory and to ensure its respect in accordance with its article 1;
(d) The Mission recommends that the General Assembly should promote an urgent
discussion on the future legality of the use of certain munitions referred to in this report,
and in particular white phosphorous, flechettes and heavy metal such as tungsten. In such
discussion the General Assembly should draw inter alia on the expertise of the
International Committee of the Red Cross (ICRC). The Mission further recommends that
the Government of Israel should undertake a moratorium on the use of such weapons in
the light of the human suffering and damage they have caused in the Gaza Strip.
1972. To the State of Israel,
(a) The Mission recommends that Israel should immediately cease the border
closures and restrictions on passage through border crossings with the Gaza Strip and
allow the passage of goods necessary and sufficient to meet the needs of the population, for
the recovery and reconstruction of housing and essential services, and for the resumption
of meaningful economic activity in the Gaza Strip;
(b) The Mission recommends that Israel should cease the restrictions on access to
the sea for fishing purposes imposed on the Gaza Strip and allow such fishing activities
within the 20 nautical miles as provided for in the Oslo Accords. It further recommends
that Israel should allow the resumption of agricultural activity within the Gaza Strip,
including within areas in the vicinity of the borders with Israel;
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