A/HRC/18/49
24.
To date, the General Assembly has not directed such a request to the Security
Council.5
25.
In paragraph 1971 (b) of its report, the Mission recommended that the General
Assembly should establish an escrow fund to be used to pay adequate compensation to
Palestinians who have suffered loss and damage as a result of unlawful acts attributable to
Israel during the December-January military operation and actions in connection with it,
and that the Government of Israel should pay the required amounts into such fund. The
Mission also recommended that the Assembly should ask OHCHR to provide expert advice
on the appropriate modalities to establish the escrow fund.
26.
To date, the General Assembly has not established such a fund.6
27.
In paragraph 1971 (c) of its report, the Mission recommended that the General
Assembly should ask the Government of Switzerland to convene a conference of the high
contracting parties to the Geneva Convention relative to the Protection of Civilian Persons
in Time of War on measures to enforce the Convention in the occupied Palestinian territory
and to ensure its respect in accordance with its article 1.
28.
Steps taken by the General Assembly in furtherance of the implementation of this
recommendation were outlined in the previous progress report of the Secretary-General
(A/HRC/15/51, para. 26). Since then, the General Assembly has not taken any further
action in this matter.7
29.
In paragraph 1971 (d) of its report, the Mission recommended that the General
Assembly should promote an urgent discussion on the future legality of the use of certain
munitions referred to in its report, and in particular white phosphorous, flechettes and
heavy metal such as tungsten. In such a discussion, it recommended that the Assembly
should draw on, inter alia, the expertise of the International Committee of the Red Cross
(ICRC). The Mission also recommended that the Government of Israel should undertake a
5
6
7
The Human Rights Council, in its resolution 16/32, recommended that the General Assembly remain
apprised of the matter until it is satisfied that appropriate action has been taken at the domestic or
international level to ensure justice for victims and accountability for perpetrators, and also remain
ready to consider whether additional action within its powers is required in the interests of justice.
By its resolution 13/9, the Human Rights Council called upon the High Commissioner to explore and
determine the appropriate modalities for the establishment of such an escrow fund. The High
Commissioner reported to the Council on this matter in the context of her report on follow-up to the
report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict
(A/HRC/15/52/Add.1). In paragraph 6 of its resolution 16/32, the Human Rights Council called upon
the High Commissioner to follow up on the determination of appropriate modalities for the
establishment of an escrow fund for the provision of reparations to Palestinians who suffered loss and
damage as a result of unlawful acts attributable to the State of Israel during the military operations
conducted from December 2008 to January 2009, also taking into consideration Israelis who suffered
loss and damage as a result of unlawful acts attributable to the Palestinian side. The High
Commissioner subsequently reported on this matter in the context of her progress report on the
implementation of Human Rights Council resolution 16/32 (A/HRC/18/50).
In paragraph 5 of its resolution 16/32, the Human Rights Council welcomed the efforts made by the
Government of Switzerland, in its capacity as depositary of the Geneva Convention relative to the
Protection of Civilian persons in Time of War, to reconvene, as soon as possible, a conference of
High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in
the Occupied Palestinian Territory, including East Jerusalem, and to ensure respect in accordance
with common article 1, bearing in mind the statement adopted on 15 July 1999, as well as the
reconvening of the conference and the declaration adopted on 5 December 2001, and recommended
that the Government of Switzerland continue to pursue its efforts with the aim of resuming the
conference before September 2011. See also A/HRC/18/50.
7
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