A/HRC/10/22
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all the means at its disposal, if the whole or part of this population is inadequately supplied.
Articles 23 and 59 further provide that all contracting parties shall permit the free passage of
these consignments and guarantee their protection.6
B. Human rights law
19.
Israel is party to the major human rights treaties relevant to the current situation.7
20. As regards the territorial scope of application, article 2 of the International Covenant on
Civil and Political Rights obliges each State party to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized within it.8 In particular, in
relation to the responsibilities of Israel under its international human rights treaty obligations
with regard to the Occupied Palestinian Territory, in its advisory opinion on the Wall, the
International Court of Justice concluded that the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention
on the Rights of the Child were applicable.2 United Nations human rights treaty bodies also
underscore that, as a State party to international human rights instruments, Israel continues to
bear responsibility for implementing its human rights conventional obligations in the Occupied
Palestinian Territory, to the extent that it continues to exercise jurisdiction there.9 The
6
In resolution 1860 (2009), the Security Council called for the unimpeded provision and
distribution throughout Gaza of humanitarian assistance, including food, fuel and medical
treatment.
7
They include the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social, and Cultural Rights, the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention on the Rights of the Child and the
Optional Protocol thereto on the involvement of children in armed conflict.
8
The Human Rights Committee has clarified that “a State party must respect and ensure the
rights laid down in the Covenant to anyone within the power or effective control of that State
party, even if not situated within the territory of the State party”. General comment No. 31
(CCPR/C/21/Rev.1/Add.13), para. 10.
9
An examination of the concluding observations of different United Nations treaty bodies
confirms this view. In its concluding observations of 2003, the Human Rights Committee
reiterated that the International Covenant on Civil and Political Rights provisions apply “to the
benefit of the population of the Occupied Territories for all conduct by the State party’s
authorities or agents in those territories that affect the enjoyment of rights enshrined in the
Covenant”. Similarly, in its 2003 concluding observations, the Committee on Economic, Social
and Cultural Rights reaffirmed its view that “the State party’s obligations under the Covenant
apply to all territories and populations under its effective control” (E/C.12/1/Add.90). The
Committee on the Elimination of Racial Discrimination drew a similar conclusion in its
concluding observations of March 2007 (CERD/C/ISR/CO/13), para. 32.
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