A/HRC/13/54 substantial efforts to construct the wall, its associated regime of checkpoints, bypass roads and related permits resulted in violations to a broad range of Palestinians’ rights, in particular the rights to education, family, health, non-discrimination and work.5 7. An encouraging development, with respect to existing restrictions on the freedom of movement of Palestinians, relates to a recent judgement of the Israeli High Court of Justice regarding Route 443. This is one of the main thoroughfares that connect Jerusalem and Tel Aviv. Private Palestinian land was expropriated for the purpose of constructing Route 443. Yet in 1982 the High Court of Justice ruled that its construction was lawful since it would benefit the Palestinian population.6 Subsequently, in 2002, Palestinians were banned from using the road.7 On 29 December 2009 the Court ruled that this prohibition was “inconsistent with the rules of international law regarding a belligerent occupation”.8 The full implementation of this ruling would constitute a positive development in terms of respect for the right of Palestinians to freedom of movement. 8. The blockade of Gaza has become more severe since the conclusion of Operation Cast Lead. The population of Gaza has not received adequate assistance or support to recover from the impact of this operation. While the rights to health and water are given special attention below, the full range of human rights of the Gaza population continues to be violated on a regular basis, in particular as a consequence of the blockade. 9. Impunity for human rights violations remains a critical concern in the OPT. There is an urgent need to improve accountability for violations, with a view towards preventing future violations and ensuring justice for victims. III. The human rights situation in Gaza A. Rule of law and accountability 10. Under international human rights law victims have the right to an effective remedy following substantive violations of their rights.9 The right to an effective remedy requires that the State carry out investigations promptly, thoroughly and impartially.10 It also requires that reparation be made to individuals whose rights (under the International Covenant on Civil and Political Rights) have been violated. The rights of victims to an effective remedy require urgent attention, since time is of the essence in meeting such obligations. 5 6 7 8 9 10 4 See, for example, B’Tselem, A Wall in Jerusalem: Obstacles to Human Rights in the Holy City (Jerusalem, 2006), which refers to the effects of the wall. Available from www.btselem.org/ download/200607_A_Wall_in_Jerusalem.pdf. See Jami'at Ascan el-Malmun el-Mahdudeh el-Masauliyeh, Communal Society Registered at the Judea and Samaria Area Headquarters v. The Commander of IDF Forces in the Judea and Samaria Area, HCJ 393/82. See, for example, Association for Civil Rights in Israel, “Ban on Palestinian movement on Route 443: background information” (June 2009). Abu Safiya v. Minister of Defence, HCJ 2150/07 (official English synopsis). Article 2, paragraph 3, of the International Covenant on Civil and Political Rights; see also Human Rights Committee general comment No. 31 (2004) (CCPR/C/21/Rev.1/Add.13). See General Assembly resolution 60/147, annex, para. 3. The text was a statement of existing law (see preamble, p. 3). See also Human Rights Committee, general comment No. 20 (1992), para. 14 and Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions recommended by the Economic and Social Council in its resolution 1989/65 (1989), para. 9. GE.10-12152