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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