A/HRC/34/38 11. Further norms of international humanitarian law, particularly those relating to the conduct of hostilities, must be respected by all parties to a conflict, including Palestinian armed groups. 20 In particular, all parties to a conflict have to respect the principles of distinction, proportionality and precaution.21 12. States parties to the Geneva Conventions have the duty not only to respect the Conventions but also to ensure respect for them.22 The obligation to ensure respect implies an obligation to take measures to prompt States that have violated the Conventions to act in compliance with international humanitarian law. 23 It is on this obligation that the Security Council, the General Assembly and the majority of States parties to the Geneva Conventions have relied when calling upon third States to react to international humanitarian law violations by Israel.24 III. Recurrent violations of international law in the Occupied Palestinian Territory 13. The Palestinian population of the Occupied Palestinian Territory is specifically protected by international humanitarian law. 25 As the occupying power, Israel has the duty to protect the population of the Occupied Palestinian Territory and to uphold public order and safety.26 That obligation is commonly understood as including an obligation to ensure the welfare and well-being of the local population.27 Israel bears the obligation to meet the needs of the protected population 28 and to allow and facilitate the rapid and unimpeded passage of humanitarian relief for civilians in need. 29 It is also under an obligation to treat the protected population humanely, without any discrimination. 30 In all circumstances, it is obliged to respect the fundamental rights of protected persons, that is their right to physical, moral and intellectual integrity. 31 The obligation of Israel, as an occupying power, to protect the Palestinian population is in line with its obligation to respect, protect and fulfil the human rights of the Palestinian population without discrimination. 20 21 22 23 24 25 26 27 28 29 30 31 4 Article 3 common to the Geneva Conventions. International Committee of the Red Cross (ICRC), Customary International Humanitarian Law (Volume I: Rules) (Cambridge University Press, 2005), rules 1-3. Article 1 common to the Geneva Conventions. See ICRC commentary to article 1 common to the Geneva Conventions, 2016, para. 154 (https://ihl-databases.icrc.org/ihl/full/GCI-commentaryArt1); the declaration of 5 December 2001 of the Conference of High Contracting Parties to the Fourth Geneva Convention, para. 4; Legal Consequences of the Construction of a Wall, paras. 158-159; and Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J. Reports 1986, p. 14, para. 220. See, e.g., Security Council resolutions 2334 (2016) and 465 (1980); General Assembly resolution 70/89, paras. 9-10; and the declaration of 17 December 2014 of the Conference of High Contracting Parties to the Fourth Geneva Convention, para. 4. Fourth Geneva Convention, art. 4. Convention respecting the Laws and Customs of War on Land, arts. 43 and 46. David Kretzmer, “The law of belligerent occupation in the Supreme Court of Israel”, International Review of the Red Cross, vol. 94, No. 885 (Spring 2012), pp. 216-217. Fourth Geneva Convention, art. 55 (1) regarding food and medical supplies; see also art. 56 regarding the duty to ensure and maintain medical services and art. 50 regarding the duty to facilitate the proper working of education institutions. Fourth Geneva Convention, art. 59, and ICRC, Customary International Humanitarian Law, rule 55. As consent of the occupying power remains necessary, it cannot be withheld on grounds other than those set out in article 59 of the Fourth Geneva Convention. Fourth Geneva Convention, art. 27. Ibid., and ICRC 1958 commentary to article 27 of the Fourth Geneva Convention, p. 201.