A/HRC/25/39
I.
Background
1.
In its resolution 22/29 on the follow-up to the report of the independent international
fact-finding mission to investigate the implications of Israeli settlements on the civil,
political, economic, social and cultural rights of the Palestinian people throughout the
Occupied Palestinian Territory, including East Jerusalem (A/HRC/22/63), the Human
Rights Council requested the United Nations High Commissioner for Human Rights to
present a report detailing the implementation of the recommendations contained in the
report to the Council at its twenty-fifth session. The present report, submitted pursuant to
that request, contains the information requested and received from States to which the factfinding mission addressed recommendations, as well as information gathered directly by
the United Nations. It should be read in conjunction with the recent reports of the
Secretary-General and the High Commissioner on the situation of human rights in the
Occupied Palestinian Territory.1
II. Overview
2.
In its report, the fact-finding mission made six recommendations, of which four
were addressed to the State of Israel. Basing itself on article 49 of the Fourth Geneva
Convention, the mission called upon Israel to cease all settlement activities without
preconditions; to immediately initiate a process of withdrawal of all settlers from the
Occupied Palestinian Territory; and to ensure adequate, effective and prompt remedy for all
Palestinian victims for the harm suffered as a consequence of human rights violations that
were a result of the settlements, in accordance with its international obligation to provide
effective remedy. The mission noted that, where necessary, steps should be taken to provide
such remedy in concurrence with the representatives of the Palestinian people and the
assistance of the international community.
3.
In addition, the fact-finding mission called upon Israel to put an end to the human
rights violations linked to the presence of settlements, and to ensure full accountability for
all violations, including for all acts of settler violence, in a non-discriminatory manner, and
to put an end to the policy of impunity. It furthermore urged Israel to put an end to arbitrary
arrests and detention of Palestinians, especially children, and to observe the prohibition of
the transfer of prisoners from the Occupied Palestinian Territory to the territory of Israel, in
accordance with article 76 of the Fourth Geneva Convention.
4.
In its report, the fact-finding mission called upon all Member States to comply with
their obligations under international law and to assume their responsibilities in their
relations with a State breaching peremptory norms of international law, and specifically not
to recognize an unlawful situation resulting from Israel’s violations.
5.
Lastly, the fact-finding mission stated that private companies must assess the human
rights impact of their activities and take all necessary steps – including by terminating their
business interests in the settlements – to ensure that they do not have an adverse impact on
the human rights of the Palestinian people, in conformity with international law and the
Guiding Principles on Business and Human Rights. In this regard, the mission called upon
all Member States to take appropriate measures to ensure that business enterprises
domiciled in their territory and/or under their jurisdiction, including those owned or
controlled by them, that conduct activities in or related to the settlements, respect human
1
2
A/68/513, A/68/502, A/HRC/25/38, A/HRC/25/40 and A/HRC/24/30.
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