A/HRC/31/73
IV. Selected universal periodic review recommendations to Israel
and broad continuing human rights concerns
29.
In October 2013, Israel underwent its second universal periodic review (see
A/HRC/25/15). While over 200 recommendations were made, the Special Rapporteur will,
as is appropriate, limit his consideration to those regarding the situation in the Occupied
Palestinian Territory.
30.
In March 2014, Israel submitted its responses to the recommendations in an
addendum (A/HRC/25/15/Add.1) containing the Government’s official responses to the
recommendations, and an annex in which Israel provided its responses to recommendations
that it considered beyond the scope of the universal periodic review owing to their focus on
international humanitarian law.30 In the annex, the Government of Israel questioned “the
relevance of examining matters which are governed by international humanitarian law in
the context of a human rights review”, stating that “the applicability of human rights
conventions to the West Bank and the Gaza Strip has been subject of considerable debate
over the past years”.31 The Special Rapporteur refers to the determination of the
International Court of Justice that international humanitarian law and human rights law
apply in the Occupied Palestinian Territory.32
31.
The Special Rapporteur notes the stated support of Israel for the following broad
recommendations pertaining to its respect for international law: comply with its legal
obligations under international law alongside its obligations deriving from international
human rights treaties to which Israel is a party; abide by its international legal obligations,
including those under the Fourth Geneva Convention; and strengthen its cooperation with
international human rights mechanisms, in particular with the Human Rights Council (see
A/HRC/25/15, paras. 136.46, 136.47 and 136.37, and A/HRC/25/15/Add.1, para. 13).
Regrettably, however, the Government of Israel rejected many recommendations on
settlements, the blockade, Palestinian prisoners and detainees and accountability. These are
critical areas to address in order to improve the situation of ongoing violations under the
Israeli occupation of the West Bank, including East Jerusalem, and Gaza.
A.
Settlements
32.
Most of the human rights violations against Palestinians in the West Bank, including
East Jerusalem, are linked to the existence and expansion of settlements. Such violations
relate to home demolitions and the consequent displacement, discriminatory supply of
water and provision of access to land, movement restrictions, settler violence and the
discriminatory military court system which Israel applies to Palestinians. The Special
Rapporteur deeply regrets that Israel rejected the following recommendations related to
settlements: stop the transfer of its population to the occupied territory and put an end to all
measures that encourage or perpetuate the settlements; guarantee the right to housing of the
Palestinians in the occupied territories, including East Jerusalem, stopping the demolition of
30
31
32
10
For the purposes of this discussion the Special Rapporteur recognizes the unofficial status of
responses provided by Israel in the annex, but as they represent an expression by Israel on particular
areas, he will consider the support of Israel for recommendations as noted in both the addendum and
in the annex.
The annex is available from the website of the Office of the United Nations High Commissioner for
Human Rights, at www.ohchr.org/EN/HRBodies/UPR/Pages/ILSession15.aspx.
Legal Consequences of the construction of a wall in the Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004, p. 136.
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