A/HRC/43/21
responsibilities of the High Contracting Parties to the Fourth Geneva Convention, in
accordance with articles 146, 147 and 148 of the Fourth Geneva Convention. Moreover, it
called upon all the parties concerned to cooperate fully with the preliminary examination of
the International Criminal Court and with any subsequent investigation that may be opened.
41.
Third States may take various measures to comply with their obligations under
relevant international law, in particular to ensure respect for international humanitarian law. 73
Such measures may range from diplomatic interventions and démarches to more significant
steps, including supporting domestic and international efforts to bring suspected perpetrators
of serious violations of international human rights and humanitarian law to justice, applying
measures of retortion or adopting lawful countermeasures. 74
42.
In October 2019, with a view to contributing to the present report, OHCHR sent a
note verbale to Member States requesting them to provide information on any steps they may
have taken as third States to promote compliance with international law and implement the
recommendations addressed to them in the report of the independent international
commission of inquiry on the protests in the Occupied Palestinian Territory. Two responses
were received, from Cuba and the Syrian Arab Republic. In their responses, both States
reiterated their support for Human Rights Council resolution 40/13 and reaffirmed the need
for the international community to take decisive steps to end violations of international law
in the Occupied Palestinian Territory, while emphasizing the importance of continuing to
document the violations and crimes committed.
43.
On 17 September 2019, the District Court of The Hague held an admissibility hearing
on a case brought by a dual national of the State of Palestine and the Netherlands, Ismail
Ziada, against a former Chief of General Staff of the Israel Defense Forces and a former
Commander of the Israeli Air Force, alleging their responsibility as commanders in an
airstrike that hit the plaintiff’s family house in Bureij refugee camp in Gaza, on 20 July 2014,
during Operation Protective Edge 75 and that resulted in the death of six members of the
plaintiff’s family. The case has been submitted in accordance with the law of the Netherlands
extending civil jurisdiction for citizens unable to initiate legal proceedings elsewhere.
44.
While States Members of the United Nations have often supported the adoption of
resolutions and declarations by different United Nations bodies enshrining respect for
international law principles in relation to the situation in the Occupied Palestinian Territory,
the degree of compliance with the decisions and recommendations of these bodies remains
uneven, as underlined in previous reports of the High Commissioner.76
V. Conclusion and recommendations
45.
The period under review was characterized by a persistent failure to ensure
accountability for allegations of excessive use of force by the Israeli security forces in
the context of the large-scale protests in Gaza and law enforcement operations in the
West Bank, including East Jerusalem. Impunity also remained pervasive in relation to
allegations against all parties to the 2014 escalation and to previous rounds of hostilities
in Gaza. Furthermore, there were concerns about the insufficiency of steps taken to
investigate and prosecute the members of Palestinian security forces or of the security
forces in Gaza responsible for alleged excessive use of force and other human rights
abuses committed against Palestinians.
73
74
75
76
International Committee of the Red Cross (ICRC), commentary of 2016 on article 1 common to the
Geneva Conventions, para. 165. See also A/HRC/40/43, para. 49.
ICRC, commentary of 2016 on article 1, para. 181.
www.reuters.com/article/us-netherlands-israel-gantz/dutch-court-to-hear-case-against-israels-gantzidUSKBN1W12JZ.
A/HRC/31/40/Add.1 and A/HRC/35/19, para. 62. Also, as emphasized by the Special Rapporteur on
the situation of human rights in the Palestinian territories occupied since 1967, the international
community possesses a great deal of power to ensure a positive, durable and just solution to the
occupation. Indeed, it will not end without the international community acting decisively in support of
international law and its common values to compel Israel to fulfil its obligations (A/74/507, para. 76).
13
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