A/HRC/22/63
98.
The mission noted that some enterprises had withdrawn from settlements because it
harmed their image and might entail legal consequences.
99.
The mission also noted that Israel labels all its export products as originating from
―Israel‖, including those wholly or partially produced in settlements. Some companies
operating in settlements have been accused of hiding the original place of production of
their products. This situation poses an issue of traceability of products for other States
wishing to align themselves with their international and regional obligations. It also poses
an issue with regard to consumers‘ right to information. The mission notes that these issues
are increasingly being addressed by States, regional organizations and some private
businesses.
V. Conclusions
100. The facts brought to the attention of the mission indicate that the State of Israel
has had full control of the settlements in the Occupied Palestinian Territory since
1967 and continues to promote and sustain them through infrastructure and security
measures. The mission notes that, despite all pertinent United Nations resolutions
declaring that the existence of the settlements is illegal and calling for their cessation,
the planning and growth of the settlements continues of existing as well as of new
structures.
101. The establishment of the settlements in the West Bank, including East
Jerusalem (see annex II), is a mesh of construction and infrastructure leading to a
creeping annexation that prevents the establishment of a contiguous and viable
Palestinian State and undermines the right of the Palestinian people to selfdetermination.
102. The settlements have been established and developed at the expense of violating
international human rights laws and international humanitarian law as applicable in
the Occupied Palestinian Territory, as recognized notably by the International Court
of Justice in its advisory opinion of 9 July 2004.
103. The settlements are established for the exclusive benefit of Israeli Jews, and are
being maintained and developed through a system of total segregation between the
settlers and the rest of the population living in the Occupied Palestinian Territory.
This system of segregation is supported and facilitated by a strict military and law
enforcement control to the detriment of the rights of the Palestinian population.
104. The mission considers that, with regard to the settlements, Israel is committing
serious breaches of its obligations under the right to self-determination and certain
obligations under international humanitarian law, including the obligation not to
transfer its population into the Occupied Palestinian Territory. The Rome Statute
establishes the jurisdiction of the International Criminal Court over the deportation
or transfer, directly or indirectly, by the occupying Power of parts of its own
population into the territory it occupies, or the deportation or transfer of all or parts
of the population of the occupied territory within or outside that territory.
Ratification of the Statute by Palestine may lead to accountability for gross violations
of human rights law and serious violations of international humanitarian law and
justice for victims.
105. The existence of the settlements has had a heavy toll on the rights of the
Palestinians. Their rights to freedom of self-determination, non-discrimination,
freedom of movement, equality, due process, fair trial, not to be arbitrarily detained,
liberty and security of person, freedom of expression, freedom of access to places of
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