A/HRC/43/67
industry was involved in the exploitation of natural resources, while residents of the occupied
Syrian Golan were unable to develop their own energy industries owing to Israeli
restrictions.62
63.
Developments affecting the Syrian population of the occupied Syrian Golan were
noted during the period under review in relation to the “Clean Wind Energy Project”; a
renewable energy project, which is expected to have a significant impact on the livelihoods,
culture, health and environment of Syrian residents. 63 Reportedly, the 31 wind turbines
planned, which can reach a height of 220 metres, will be built on Syrian agricultural lands
and in proximity to Syrian population centres. It is expected to occupy some 4,300 dunums
of land, almost a quarter of the agricultural land remaining in the possession of the residents
of the occupied Syrian Golan. Al-Marsad estimated that Syrian landowners would receive
about 1 per cent of the total profits of the project once it is operational.64 It also noted that the
project could have a severe impact on health and the environment, while further limiting the
possibility for Syrian village expansion and undercutting the important cultural ties that
residents of the occupied Syrian Golan maintain to the land.65 The project was reportedly
advanced without the free, prior and informed consent of Syrian residents, who have filed a
local petition with 5,000 signatures opposing the project.66
64.
During the period under review, Al-Marsad was repeatedly targeted by a smear
campaign for its activities opposing the energy project. The energy company filed under the
anti-boycott law of Israel a lawsuit against Al-Marsad for a report it had published outlining
the implications of the project for the Syrian community. The company demands that AlMarsad retract and apologize for allegedly slanderous material it has published on the project.
This is the first time that a non-profit human rights organization registered in Israel67 has been
sued under the anti-boycott law, and could set a concerning precedent that would have a
widespread impact on civil society in Israel.
VI. Conclusions and recommendations
65.
The establishment and expansion of settlements in the Occupied Palestinian
Territory amounts to the transfer by Israel of its population into the Occupied
Palestinian Territory, which is prohibited under international humanitarian law. 68 The
transfer of an occupying Power’s population to a territory it occupies amounts to a war
crime that may engage the individual criminal responsibility of those involved. 69 A
number of international bodies have confirmed the illegality of Israeli settlements in the
Occupied Palestinian Territory and the occupied Syrian Golan, including the
International Court of Justice, the Security Council, the General Assembly and the
Human Rights Council.70
66.
Plans for further housing units in settlements increased, while the announcement
of tenders and the rate of construction starts of settlement housing decreased. Incidents
of settler violence continued at a high rate and the severity of attacks and injuries to
Palestinians increased, without any decisive action by Israeli authorities to protect the
Palestinian population in accordance with their obligations as the occupying Power.
62
63
64
65
66
67
68
69
70
14
http://golan-marsad.org/wp-content/uploads/AM-AH_Joint-Parallel-Report-to-the-CESCR-Israel2019.pdf, para. 23.
Ibid., para. 26.
Ibid., para. 27.
Ibid., para. 28.
http://golan-marsad.org/wp-content/uploads/Al-Marsad_Urgent-Appeal-to-UN-Experts.pdf.
Israel applies its domestic law also within the occupied Syrian Golan, and therefore requires local
non-governmental organizations to be registered with the Government of Israel.
Fourth Geneva Convention, art. 49 (6).
Rome Statute of the International Criminal Court, art. 8 (2) (b) (viii).
See Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,
Advisory Opinion, I.C.J. Reports 2004, p. 136; Security Council resolutions 465 (1980) and 2334
(2016); General Assembly resolutions 71/97 and 72/86; and Human Rights Council resolution 31/36.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents