A/HRC/31/73
I.
Introduction
1.
The present report examines the need for effective protection of the rights of
Palestinians living under Israeli occupation since 1967. Since assuming his mandate in June
2014, the Special Rapporteur has been struck by the abundant amounts of information and
reports on violations of international human rights law and international humanitarian law,
on the one hand, and the seeming inability of the international community to match what is
known of the situation with more effective protection of Palestinians in the Occupied
Palestinian Territory.
2.
The Special Rapporteur emphasizes the importance of Palestinian, Israeli and
international civil society organizations, human rights defenders, United Nations actors and
other international bodies working tirelessly to improve the situation of human rights and
provide a protective presence for Palestinians against the effects of Israeli policies and
practices related to the occupation. However, year after year, violations of international
humanitarian law and of civil, political, economic, social and cultural rights continue to be
reported. Key recommendations to the Government of Israel presented by the SecretaryGeneral, the United Nations High Commissioner for Human Rights and independent
mandate holders, such as the Special Rapporteur, to the General Assembly and the Human
Rights Council remain largely unimplemented. In the present report, the Special Rapporteur
examines the outcome of the second universal periodic review of Israel and discusses key
recommendations made by States regarding areas of broad, ongoing concerns in the
Occupied Palestinian Territory, on the issues of settlements, the blockade, Palestinian
prisoners and detainees and accountability, and responses by the Government of Israel.
3. As an occupied people, under international humanitarian law, Palestinians in the
Occupied Palestinian Territory are “protected persons”. Yet there is a disconnect between
the rights and protections afforded to them under international humanitarian law, and
international human rights law in particular, and actual protection. Israel, as the occupying
Power, holds the primary responsibility for addressing this disconnect. The Special
Rapporteur wishes to illustrate some facets of the vulnerability of individual Palestinians
resulting from Israeli policies and practices. He will do so by reference to letters of
allegation and urgent appeals that he and other special procedure mandate holders
addressed to the Government of Israel in 2014 and 2015, raising alleged violations of
international humanitarian law and international human rights law in specific cases .
4.
While the mandate of the Special Rapporteur is focused on investigation of
violations by Israel of the principles and bases of international law (see Commission on
Human Rights resolution 1993/2 A), the Special Rapporteur has previously noted the fact
that both Palestinians and Israelis have been victims of the protracted Israeli-Palestinian
conflict. The scale of the impact, however, whether in terms of casualty figures or wider
impacts, differs significantly in that the daily lives of Palestinians are affected by the Israeli
occupation. The destructive impact of the Israeli-Palestinian conflict is particularly clear in
times of active hostilities, such as in the summer of 2014 in Gaza, or as has been witnessed
particularly in the fourth quarter of 2015, especially in the West Bank, during escalations in
violence.
5.
According to the Office for the Coordination of Humanitarian Affairs, in October
and November 2015 the escalation of violence resulted in the deaths of more than 100
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