A/HRC/4/17
page 3
There is a humanitarian crisis in the OPT resulting from the withholding of funds owed
to the Palestinian Authority by the Government of Israel (estimated at about US$ 50 to
60 million per month) and from the economic isolation of the territory by the United States, the
European Union (EU) and other States in response to the election of the Hamas Government.
The Temporary International Mechanism set up by the EU to provide relief in certain sectors has
gone some way towards reducing the crisis, but over 70 per cent of the Palestinian people live
below the official poverty line. Health care and education have suffered as a result of a strike of
workers in these sectors against the Palestinian Authority and the international community for
the non-payment of salaries. In effect Israel and sections of the international community have
imposed collective punishment on the Palestinian people.
Persons responsible for committing war crimes by the firing of shells and rockets into
civilian areas without any apparent military advantage should be apprehended or prosecuted.
This applies to Palestinians who fire Qassam rockets into Israel; and more so to members of the
IDF who have committed such crimes on a much greater scale. While individual criminal
accountability is important, the responsibility of the State of Israel for the violation of
peremptory norms of international law in its actions against the Palestinian people should not be
overlooked.
The international community has identified three regimes as inimical to human rights colonialism, apartheid and foreign occupation. Israel is clearly in military occupation of the
OPT. At the same time elements of the occupation constitute forms of colonialism and of
apartheid, which are contrary to international law. What are the legal consequences of a regime
of prolonged occupation with features of colonialism and apartheid for the occupied people, the
occupying Power and third States? It is suggested that this question might appropriately be put
to the International Court of Justice for a further advisory opinion.
The Occupied Palestinian Territory is the only instance of a developing country that is
denied the right of self-determination and oppressed by a Western-affiliated State. The apparent
failure of Western States to take steps to bring such a situation to an end places the future of the
international protection of human rights in jeopardy as developing nations begin to question the
commitment of Western States to human rights.
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