A/HRC/18/50
resolutions 13/9 and 16/32, in relation to the potential convening of a conference of High
Contracting Parties to the Fourth Geneva Convention on measures to enforce the
Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure
respect for the Convention in accordance with common article 1. The Government of
Switzerland noted that an initial round of consultations was conducted in December 2009,
and that the participants in and results of these initial consultations were summarized in an
annex to the report of the Secretary-General (A/64/651) of 4 February 2010. It further noted
that a second round of consultations was conducted in New York, Washington, D.C.,
Brussels, and Geneva between April and July 2010, and that this second round of
consultations was reported on in an annex to the report of the Secretary-General (A/64/890)
of 11 August 2010. According to the Government of Switzerland, in early 2011 it received
a request from the Non-Aligned Movement to reconvene the informal working group that
had been convened in the summer of 2010, with a view toward again discussing the
possibility of convening a conference. The Government of Switzerland therefore
reconvened the informal working group on 1 February 2011 in Geneva, the composition of
the informal working group on this date being established in line with criteria used for the
summer 2010 informal working group and consultations carried out prior to the
conferences of the High Contracting Parties in 1999 and 2001. The Government of
Switzerland reports that the 1 February 2011 informal working group confirmed the lack of
consensus among participants in regard to the desirability of convening such a conference.
The three previously declared positions again emerged: namely, High Contracting Parties
which support the convening of a conference; High Contracting Parties which oppose the
convening of a conference on principle; and High Contracting Parties which are of the view
that the time is not right to convene a conference. A further round of consultations,
convened by the Government of Switzerland in April 2011, reconfirmed these positions.
The Government of Switzerland states that it has drawn the following conclusions, in its
role as a facilitator of this process. Following more than a year of consultations there is no
cross-regional critical mass in support of the convening of a conference of High
Contracting Parties, or a similar meeting. It will continue to follow the situation closely
and it remains at the full disposal of High Contracting Parties and other relevant actors.
8.
Paragraph 6 of resolution 16/32 called upon the High Commissioner to follow up on
the determination of the appropriate modalities for the establishment of an escrow fund for
the provision of reparations to Palestinians who suffered loss and damage as a result of
unlawful acts attributable to the State of Israel during the military operations conducted
from December 2008 to January 2009, also taking into consideration Israelis who suffered
loss and damage as a result of unlawful acts attributable to the Palestinian side.
9.
In an addendum (A/HRC/15/52/Add.1) to the Report of the United Nations High
Commissioner for Human Rights on follow-up to the report of the United Nations
Independent International Fact-Finding Mission on the Gaza Conflict, the High
Commissioner indicated to the Human Rights Council, pursuant to advice received from
the Office of Legal Affairs, a number of decisions that would need to be taken by a
competent organ of the United Nations (for example the General Assembly) if the decision
were to be made to follow the relevant recommendation in the report of the United Nations
Independent International Fact-Finding Mission on the Gaza Conflict. These would include
(a) a decision to establish the escrow fund; (b) a decision on the source(s) of funding for the
fund; (c) a decision to establish a body to administer the fund; (d) a decision on the extent
to which the body would rely on the investigations carried out by the Government of Israel
and the Palestinian authorities in order to determine the factual basis of a claim for
compensation from the fund; and (e) a decision to establish a secretariat of the body
administering the fund. The High Commissioner also informed the Council of a set of
ancillary decisions, identified by the Office of Legal Affairs, that would also need to be
taken, including decisions on the identification of persons eligible to receive compensation
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