A/HRC/31/73
Palestinians and some 11,300 injured, and 17 Israeli fatalities and some 170 injured.1 The
Special Rapporteur wishes to reiterate two points, related to the current violence, which are
interlinked. The first is that any wanton act of individual violence, whether committed by
Palestinians or Israelis, is unacceptable and must be investigated and prosecuted in
accordance with international standards. The second is that the upsurge of violence with
serious concerns of excessive use of force by Israeli security forces in the context of attacks
and alleged attacks by Palestinians and during clashes, and ongoing settler violence, is
arising within a pre-existing context. Anyone seeking to quell the unrest would,
notwithstanding the unequivocal position that individual perpetrators of crimes must be
held responsible, need to look to the context and related root causes of the overall
heightened tension. To simply condemn individual attacks does not offer any viable way
out of the violence rolling over the Occupied Palestinian Territory.
6.
It is part of the current context that there seems to be an atmosphere of despair,
particularly among the Palestinian youth, at the prolonged interference by Israeli authorities
in every aspect of Palestinian life, the general absence of accountability for violations and
abuses committed against them and the absence of any immediate prospects of an
improvement in the situation.
7.
On 13 July 2014, in a letter addressed to the Secretary-General, the President of the
State of Palestine, Mahmoud Abbas, formally requested that “the territory of the State of
Palestine be placed under an international protection system by the United Nations”.
President Abbas highlighted the long-standing occupation and the prevention of the
exercise of the right of Palestinians to self-determination. In the letter, three overarching
objectives of the protection system for Palestine were detailed including ensuring respect
for human rights, fundamental freedoms and international law and international
humanitarian law and to providing protection for the Palestinian people and civilian
population from the ongoing occupation and acts of aggression by Israel (see S/2014/514,
annex).
8.
On 21 July 2014, the Secretary-General transmitted the letter to the President of the
Security Council (S/2014/514). On 21 October 2015, the Secretary-General, referencing his
earlier letter, further transmitted a summary of historical precedents of international
protection regimes for areas of territories and their inhabitants (see S/2015/809, annex). The
Secretary-General requested the President of the Security Council to bring his letter dated
21 October 2015 and the accompanying annex to the attention of the members of the
Security Council.
9.
The Special Rapporteur will not comment on the specifics of the request for
international protection, except to reiterate that long-standing Israeli policies and practices
in the Occupied Palestinian Territory, such as continued settlement expansion, the
construction of the wall, and the blockade of Gaza, are illegal under international law and
well-known to entail ongoing and serious violations of the human rights of Palestinians.
II. Non-cooperation by Israel with the mandate
10.
The Special Rapporteur deeply regrets to report that he has been obstructed in his
ability to fulfil his mandate by the lack of cooperation of Israel. The Special Rapporteur
assumed the mandate as an impartial observer and has from the outset made great efforts to
engage in dialogue with the Government of Palestine and the Government of Israel. He has
1
4
Office for the Coordination of Humanitarian Affairs, “Casualties in the Occupied Palestinian
Territory and Israel, 1 October to 30 November 2015”, 14 December 2015.
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