A/HRC/25/67 I. Introduction 1. In his final presentation to the Human Rights Council, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 would like to underscore the importance of this mandate as providing an independent witness to the evolving effects of the continuing occupation of Palestine by Israel. This exposure is centred upon the presentation of information received on the persistence of severe violations of international humanitarian law and international human rights law. Bearing witness provides a record of violations by Israel and its defiant attitude, and challenges the United Nations to take steps to ensure compliance. It should be remembered that the suffering of the people of Palestine is inseparably linked to the partition arrangements initially proposed by the United Nations in 1947, and which were never implemented or revised in a manner that takes full account of the rights of the Palestinian people, above all their inalienable right of self-determination. 2. It was unfortunate that Israel refused even minimal cooperation with this mandate to the extent of allowing the Special Rapporteur to have access to occupied Palestine during the past six years or of responding to several urgent appeals addressing specific situations of immediate concern that fell within the purview of the mandate. This Special Rapporteur was expelled in December 2008 when attempting to enter Israel to carry out a mission of the mandate to visit occupied Palestine, and detained overnight in unpleasant prison conditions. Such humiliating non-cooperation represents a breach of the legal duty of States Members of the United Nations to facilitate all official undertakings of the organization. Although it has been possible to gain information needed to report on the situation confronting Palestinians living under occupation, non-cooperation deprives the mandate of direct interaction, including the receipt of testimony bearing on international law grievances from representatives of the Palestinian people. It is to be hoped that the next Special Rapporteur to be appointed will receive sufficient backing from the Human Rights Council to induce cooperation from Israel and better protection against defamatory attacks by some non-governmental organizations (NGOs) than was the experience of the current mandate holder. 3. International Law. An abiding theme of the reports of the Special Rapporteur during the past six years has been the consistent failure of Israel to comply with clear legal standards embodied in the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) and elsewhere in international humanitarian law and international human rights law. This pattern, as will be detailed below, is flagrant in relation to the wall, settlements, East Jerusalem, the Gaza Strip, water and land resources, and the human rights of Palestinians living under occupation. Also relevant is the failure of the United Nations to ensure implementation of the recommendations as to international law contained in two high-profile Human Rights Council reports of 2009 and 2013, respectively those of the United Nations Fact-Finding Mission on the Gaza Conflict (A/HRC/12/48) and of the fact-finding mission to investigate the human rights implications of the Israeli settlements (A/HRC/22/63). To the extent such a pattern is tolerated, it undermines respect for international law. 4. Palestine. In the light of the General Assembly’s recognition of Palestine as a nonmember observer State in Assembly resolution 67/19 of 29 November 2012, it seems appropriate to refer to territory under Israeli occupation as “Palestine” rather than as “Occupied Palestinian Territories”. Such a shift in language also emphasizes the inadequacy of the international law framework available to address a condition of prolonged occupation that has now extended for more than 45 years. Special steps and procedures need to be adopted that will confer rights and establish the rule of law. To 3