A/HRC/22/63
five requests for cooperation to the Government of Israel through the Permanent Mission of
Israel in Geneva. The Government did not respond to the mission‘s requests. The mission
regrets the fact that the Government did not respond and that, consequently, it did not have
access to Israel and the Occupied Palestinian Territory. Alternative arrangements were
made to obtain direct and first-hand information in the form of a series of meetings held
with a wide range of interlocutors from 3 to 8 November 2012 in Jordan.
8.
During its visit to Jordan, the mission listened to and collected information on a
wide range of relevant issues from more than 50 people affected by the settlements and/or
working in the Occupied Palestinian Territory and Israel. It met with victims of human
rights violations, officials from the Ministry of Foreign Affairs of Jordan, officials from the
Palestinian Authority, and representatives of international and non-governmental
organizations and United Nations agencies. The mission kept a record of all testimony
given.
9.
The present report is the result of the mission‘s consideration and analysis of all the
submissions and information it received and gathered. 2 The mission points out that a
number of interlocutors requested explicitly that their identity not be disclosed. The mission
is grateful to all those who extended their cooperation to it.
II. Applicable law
10.
The international legal framework applicable to the issue before the mission is
primarily provided for in international human rights law and international humanitarian
law.
11.
Israel is bound to respect, protect, promote and fulfil the full range of the social,
economic, cultural, civil and political human rights of all persons within its jurisdiction as a
result of its being party to the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention
on the Elimination of All Forms of Discrimination against Women, the Convention on the
Rights of the Child and the Optional Protocol thereto on the involvement of children in
armed conflict, and the International Convention on the Elimination of All Forms of Racial
Discrimination. Israel is also bound by relevant international human rights rules that are a
part of customary international law.
12.
The rights protected by human rights treaties must be available to all individuals in
the territory of or subject to the jurisdiction of Israel, except where the State has lawfully
derogated from them. The treaty bodies of the United Nations that monitor the
implementation of the applicable human rights treaties have consistently concluded that the
treaties to which Israel is a party are applicable with regard to acts carried out by Israel in
the Occupied Palestinian Territory.3 This was confirmed by the International Court of
Justice in 2004.4 Furthermore, the human rights obligations of Israel apply in both peace
and times of armed conflict. In the latter situation, they continue to apply alongside
2
3
4
4
For a list of sources consulted by the mission in the course of its work, see
www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session19/Pages/IsraeliSettlementsInTheOPT.aspx.
For a compilation of selected conclusions and recommendations made by human rights mechanisms,
see www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session19/Pages/IsraeliSettlementsInTheOPT.aspx.
Advisory opinion of the International Court of Justice on the Legal Consequences of the Construction
of a Wall in the Occupied Palestinian Territory of 9 July 2004 (see A/ES-10/273 and Corr.1), paras.
109-113.
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