A/HRC/34/38
family life, 64 as well of a range of economic, social, and cultural rights, 65 may also be
violated within the context of forcible transfers.
4.
Collective punishment
30.
In June 2007, following the takeover of Gaza by Hamas, and in the context of
continued attacks emanating from Gaza against Israeli civilian targets, Israel significantly
tightened restrictions on movement by land to and from the Gaza Strip, adding to the
prohibition of any access by air or sea since 1967. Despite a gradual easing of some
restrictions since 2010, Israel continues to maintain a tight closure policy, 66 leaving 1.9
million Palestinians locked in Gaza, largely unable to access the West Bank, including East
Jerusalem, and the outside world. The impact of that blockade is exacerbated by the almost
continuous closure by Egypt of the Rafah passenger crossing (despite some loosening of
restrictions over the past year) and by the increasing refusal by Jordan to grant passage to
Palestinians from Gaza through the Allenby crossing. 67
31.
The closures imposed on Gaza are contrary to international law and may amount to
collective punishment, as it penalizes the entire population without regard to individual
responsibility. 68 It has a serious impact on the right to freedom of movement and on
economic, social and cultural rights.
32.
Following an attack against Israelis, the Israeli authorities frequently employ
measures that may amount to collective punishment that affect the members of the family
or the community of the attackers or alleged attackers. 69 The use of such measures has
increased during the past three years in a context of heightened violence. Among the
measures used are the following: punitive demolitions, the cancellation of travel and work
permits and other administrative actions, the withholding of bodies and the closure of
Palestinian towns and villages.70
33.
Collective punishment is expressly prohibited by international humanitarian law. 71
That prohibition does not apply only to criminal sanctions but also to harassment of any
sort, including administrative measures, carried out by the police or the military.72 Several
human rights are negatively affected by such practices, including the right to a fair trial and
other due process guarantees, including the principle of individual responsibility and the
presumption of innocence.73
5.
Settler harassment and violence, and impunity
34.
Settler harassment and violence against Palestinians, and the failure of Israel to
ensure that perpetrators are held accountable, has been an ongoing issue in the Occupied
Palestinian Territory.74 Such instances include verbal harassment, physical attacks causing
64
65
66
67
68
69
70
71
72
73
74
8
International Covenant on Civil and Political Rights, arts. 12 and 17.
See A/HRC/16/71, para. 24.
The term “blockade” is used here to describe the imposition by Israel of prolonged closures and
economic and movement restrictions in the Gaza Strip (see A/71/364, para. 5, A/HRC/24/30 ,
paras. 21-23, A/69/347, paras. 30-34, and General Assembly resolution 69/93).
See A/71/364, para. 28.
See A/HRC/31/40, para. 36, and A/HRC/24/30, para. 22, with references.
A/HRC/34/36 and A/HRC/31/40.
See A/71/364, paras. 25-26, A/HRC/34/36, paras. 31-33, and A/HRC/31/40, paras. 29-33. See also
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20082&LangID=E.
Convention respecting the Laws and Customs of War on Land, art. 50, and Fourth Geneva
Convention, art. 33.
ICRC, Customary International Humanitarian Law, commentary to rule 103.
International Covenant on Civil and Political Rights, arts. 11-12, 14 and 17. See also the Fourth
Geneva Convention, arts. 71-73.
E.g., A/71/355 and A/HRC/31/43, among numerous previous reports. See also Talya Sason,
“Summary of the opinion concerning unauthorized outposts”.
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