A/HRC/16/72
obligation to do all that is possible, subject to reasonable security measures, to respect the
status of protected persons as mandated by the Fourth Geneva Convention. Such an
assessment is rendered more disturbing when account is taken that almost all of these
arrests of children are generated by their resistance to unlawful patterns of Israeli settlement
building and expansion, along with related ethnic-cleansing measures being applied at an
accelerating rate in East Jerusalem.
VII.
Recommendations
32.
The Special Rapporteur recommends that:
(a)
Intensified efforts be made to induce Israel to cooperate with the proper
discharge of this mandate, including allowing access to the occupied Palestinian
territories by the Special Rapporteur;
(b)
Efforts be undertaken to have the International Court of Justice assess
allegations that the prolonged occupation of the West Bank and East Jerusalem
possess elements of “colonialism”, “apartheid” and “ethnic cleansing” inconsistent
with international humanitarian law in circumstances of belligerent occupation and
unlawful abridgements of the right of self-determination of the Palestinian people;
(c)
Intensified efforts be made to attach legal consequences to the failure by
Israel to end the blockade of the Gaza Strip in all of its dimensions;
(d)
The Human Rights Council organize an inquiry, possibly jointly with the
International Committee of the Red Cross or the Government of Switzerland, into the
legal, moral and political consequences of prolonged occupation, including prolonged
refugee status, with an eye toward convening Governments to negotiating further
protocols to the Geneva Conventions of 1949;
(e)
Steps be taken by the Human Rights Council to implement the
recommendations of the report of the United Nations Fact-Finding Mission on the
Gaza Conflict in the light of the failure of Israel to address allegations in a manner
that accords with international standards as well as the conclusions of the
Independent International Fact-Finding Mission into the incident of the humanitarian
flotilla;
(f)
Measures are taken to ensure that no Palestinian child is detained inside
Israel or in the occupied Palestinian territories in contravention of article 76 of the
Fourth Geneva Convention; children are not brought before military courts; cases of
mistreatment and abuse of children are thoroughly and impartially investigated; and
all evidence against children obtained through ill-treatment or torture be rejected by
the courts.
17
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