A/HRC/43/67 25. As the occupying Power, Israel has the obligation to take all measures in its power to restore and ensure, as far as possible, public order in the Occupied Palestinian Territory and to protect the Palestinian population from all acts or threats of violence. 19 Israel also has the obligation to respect, protect and fulfil the human rights of the Palestinian population, including their right to life and security of person (A/HRC/34/38, paras. 13, 36 and 37). 2. Discriminatory law enforcement 26. In numerous cases during the period under review, Israeli security forces was present during settler harassment of or attacks against Palestinians, but appeared to take no action to protect them. Instead, in some cases, Israeli security forces reportedly took active part in settler attacks against Palestinians. In other cases, Israeli security forces arrested Palestinians during or following settler attacks for reacting to attacks, for example by throwing stones. 27. Apart from isolated cases of steps taken towards accountability, violent settlers and those taking over private Palestinian land enjoyed a general climate of impunity (A/74/357, para. 27). In a report issued in August 2019, the Ministry of Justice of Israel listed 118 investigations into alleged crimes by settlers against Palestinians for the period from January 2017 to June 2019. While 11 indictments were filed, including for cases opened in previous years, and two cases reached trial, none of them resulted in a conviction.20 During the same period, 559 incidents of settler attacks against Palestinians were reported to the Office for the Coordination of Humanitarian Affairs. No information was available on the number of complaints filed by Palestinians. In October 2019, an Israeli suspect in a case of arson in 2015 that killed a Palestinian family in Duma was convicted for “membership in a terror group” in addition to the charge of “conspiracy to commit a crime motivated by a racist motive”, previously accepted in a plea deal. The conviction did not, however, add any time to the maximum sentence of five and a half years agreed to in the plea deal (see A/74/357, para. 27). 28. During the period under review, action was taken on settler violence directed at Israeli security forces. In October 2019, the Prime Minister of Israel and other Israeli officials condemned attacks by settlers from Yitzhar settlement against Israeli security forces.21 In October 2019, the Israel Defense Forces issued an administrative order banning a settler from Yitzhar from access to the northern West Bank for three months because of his alleged participation in attacks against Palestinians and Israeli security forces. No criminal process was initiated against the settler.22 29. As noted in past reports, Israeli settlers are tried under Israeli criminal law in civilian courts in Israel, while Palestinians are generally prosecuted in military courts under Israeli military law for security offences and other crimes as defined by military orders. Israeli domestic law, applicable to settlers, provides suspects with more substantive and procedural guarantees, while the military law applicable to Palestinians does not include adequate fair trial guarantees (A/HRC/37/42, para. 8). The application of two different legal systems in the same territory, on the sole basis of nationality or origin, is inherently discriminatory. It also violates the principle of equality before the law, which is central to the right to a fair trial (A/HRC/34/38, para. 40). 3. Demolitions, forced evictions and displacement 30. Israeli zoning and planning policies in Area C and East Jerusalem are discriminatory and considered incompatible with requirements under international law, and render it almost impossible for Palestinians to obtain building permits (ibid., para. 26). In addition, the 19 20 21 22 6 Regulations respecting the Laws and Customs of War on Land (Hague Regulations), arts. 43 and 46; Fourth Geneva Convention, art. 27. See https://mfa.gov.il/ProtectiveEdge/Documents/IdeologicalOffencesAgainstPalestinians.pdf, p. 8. See Michael Bachner and Jacob Magid, “Netanyahu, Gantz condemn settler violence against IDF soldiers” and Judah Ari Gross and Jacob Magid, “ISF, Shin Bet, police to work together to find settlers who attacked troops”, Times of Israel, 20 October 2019. See Elisha Ben Kimon, “Israel bans ‘dangerous’ settler from northern West Bank home”, Ynet, 9 November 2019, and “Yitzhar resident served with administrative order”, Honenu, 2 October 2019.