A/HRC/4/17
page 2
Summary
Gaza has again been the focus of violations of human rights and international
humanitarian law in the Occupied Palestinian Territory (OPT). In response to the capture
of Corporal Gilad Shalit by Palestinian militants on 25 June 2006, and the continued firing
of Qassam rockets into Israel, Israel conducted two major military operations within Gaza “Operation Summer Rains” and “Operation Autumn Clouds”. In the course of these operations,
the Israeli Defense Forces (IDF) made repeated military incursions into Gaza, accompanied by
heavy artillery shelling and air-to-surface missile attacks. Missiles, shells and bulldozers
destroyed or damaged homes, schools, hospitals, mosques, public buildings, bridges, water
pipelines and electricity networks. Agricultural lands were levelled by bulldozers. Beit Hanoun
was the subject of particularly heavy attacks, and on 8 November 19 civilians were killed
and 55 wounded in an artillery attack. Economic sanctions have had a major impact on Gaza.
About 70 per cent of Gaza’s workforce is out of work or without pay and over 80 per cent of
the population live below the official poverty line. The siege of Gaza is a form of collective
punishment in violation of the Fourth Geneva Convention of 12 August 1949. The
indiscriminate use of military power against civilians and civilian targets has resulted in serious
war crimes.
The West Bank has also experienced serious human rights violations resulting from
frequent military incursions; the construction of the Wall; house demolitions and checkpoints.
Over 500 checkpoints and roadblocks obstruct freedom of movement within the OPT. The Wall
being built in East Jerusalem is an instrument of social engineering designed to achieve the
Judaization of Jerusalem by reducing the number of Palestinians in the city.
The construction of settlements continues. Today there are some 460,000 settlers in the
West Bank and East Jerusalem. A study by an Israeli non-governmental organization (NGO) has
shown that nearly 40 per cent of the land occupied by settlements in the West Bank is privately
owned by Palestinians. It has become abundantly clear that the Wall and checkpoints are
principally aimed at advancing the safety, convenience and comfort of settlers.
There are some 9,000 Palestinian prisoners in Israeli jails. There are serious complaints
about the treatment, trial and imprisonment of prisoners.
Since 2000, over 500 persons have been killed in targeted assassinations, including a
substantial number of innocent civilians. In December 2006 the Israeli High Court failed to find
that such assassinations were unlawful but held that they might only be carried out as a last resort
and within the bounds of proportionality.
Israeli law and practice makes it impossible for thousands of Palestinian families to live
together. A new practice of refusing visas to foreign residents in the OPT has aggravated this
situation.
Discrimination against Palestinians occurs in many fields. Moreover, the 1973
International Convention on the Suppression and Punishment of the Crime of Apartheid appears
to be violated by many practices, particularly those denying freedom of movement to
Palestinians.
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