A/HRC/28/44
I.
Introduction
1.
In the present report, which covers the period from 1 November 2013 to 31 October
2014, the Secretary-General addresses the progress made in the implementation of Human
Rights Council resolution 25/28. In that resolution, the Council demanded that Israel, as the
occupying Power, cease immediately and completely all of its settlement activities in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan. It also condemned the continuing settlement and related activities, including the
expansion of settlements, the expropriation of land, the demolition of houses, and the
confiscation and destruction of property. The Council called upon Israel to end human
rights violations linked to the presence of settlements and to fulfil its international
obligations to provide effective remedy for victims.
2.
The information presented in the present report is based on monitoring and other
information-gathering activities carried out by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) and information provided by other United
Nations entities in the Occupied Palestinian Territory. The report also contains information
received from Israeli and Palestinian non-governmental organizations and media sources. It
should be read in conjunction with previous reports of the Secretary-General on Israeli
settlements to the Human Rights Council and the General Assembly (A/HRC/20/13,
A/HRC/25/38, A/63/519, A/64/516, A/65/365, A/66/364, A/67/375/, A/68/513 and
A/69/348).
3.
In past reports, the various types of impact of settlements on the rights of
Palestinians and the key role played by the State of Israel in the creation and expansion of
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, were
analysed. In his previous report on settlements submitted to the Human Rights Council
(A/HRC/25/38), the Secretary-General focused on the discriminatory nature of Israeli
planning policy, law and practice, which is contrary to international law and has a negative
impact on the human rights of Palestinians.
4.
In the present report, the Secretary-General analyses the impact of Israeli settlements
and settler violence on the economic, social and cultural rights of Palestinians, and provides
an update on settler violence against Palestinians and their property, as well as on the
general lack of law enforcement and accountability for settlers in such cases.
II. Legal background
5.
International humanitarian law and international human rights law apply, inter alia,
in relation to Israeli settlements in the Occupied Palestinian Territory (A/HRC/25/38, para.
4 and A/69/348, para. 4). Israel, as the occupying Power, is bound by the Fourth Geneva
Convention and the Regulations respecting the Laws and Customs of War on Land (Hague
Regulations).1 Article 49 of the Fourth Geneva Convention establishes that “the occupying
Power shall not deport or transfer parts of its own civilian population into the territory it
occupies”. The construction and expansion of Israeli settlements, as well as other
settlement-related activities such as the construction of the wall violate this provision, and
are illegal under international law. This was confirmed by the Security Council in its
1
In its Advisory Opinion on the Legal Consequences of the Construction of the Wall in the Occupied
Palestinian Territory (A/ES-10/273 and Corr.1, paras. 89-101), the International Court of Justice
found that, even if Israel is not a party to the Hague Regulations, they are nonetheless applicable to
Israel as customary law.
3
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