A/HRC/34/38 Death penalty 61. Under Palestinian law, the death penalty is permitted for a large number of offences and is mandatory for a smaller number of offences. The President is required to confirm the death sentence. Although there is no formal moratorium on executions, in the West Bank none have been carried out since an announcement by the Palestinian President in 2005 that he would not confirm any death sentences.140 Both in the West Bank and in Gaza, however, courts continue to issue death sentences. In Gaza, executions resumed in 2010, and 22 of the 101 death sentences pronounced since 2008 have reportedly been carried out, despite not having been approved by the Palestinian President. Freedom of movement and economic, social and cultural rights 62. Palestinians’ freedom of movement within the Occupied Palestinian Territory is significantly restricted by a complex and multilayered system of administrative, bureaucratic and physical constraints, including permit requirements, checkpoints and physical obstacles affecting almost every aspect of daily life. 141 63. Movement restrictions are particularly prevalent in the vicinity of settlements. East Jerusalem is isolated from the rest of the West Bank through the use of permit requirements, as are areas of the “seam zone”, i.e. areas west of the wall in the West Bank. The wall 142 remains a key obstacle to freedom of movement. In Gaza, the continuing closures and the related permit regime impose strict limits on Gaza residents wishing to exit Gaza and, to a lesser extent, on West Bank residents wishing to enter Gaza. 143 64. Freedom of movement is guaranteed under international human rights law. 144 As previously highlighted, restrictions on freedom of movement may also amount to collective punishment, in violation of international humanitarian law. 145 While that right may nevertheless be restricted to address legitimate security needs, any limitation has to be necessary and proportional to the end sought and must be applied consistently with protections afforded by human rights. 146 65. Freedom of movement is a precondition for the exercise of several other human rights, including economic, social and cultural rights. Access restrictions have a negative impact on the rights to education, health, work and family life throughout the Occupied Palestinian Territory.147 66. Limitations on movement and other restrictions also prevent the development of the Palestinian economy. The agricultural sector has been particularly affected, as farmers have been denied access to agricultural areas, water resources and domestic and external markets. 148 Impediments to Palestinians’ economic, social and cultural development also affect the exercise of the right to self-determination.149 67. The closures in Gaza, together with successive military campaigns by the Israel Defense Forces and the use of force in access-restricted areas, has exacerbated the humanitarian crisis in Gaza, severely undermining any effort at development and resulting 140 141 142 143 144 145 146 147 148 149 14 Ibid., para. 57. See A/HRC/31/44, paras. 12-43. In 2002, Israel started to build a wall between Israel and the West Bank in order to prevent attacks from Palestinians within Israel. Some 85 per cent of the wall nevertheless runs into the West Bank. Once fully completed, the wall would isolate 9.4 per cent of the West Bank, including East Jerusalem. See A/HRC/31/44, paras. 12-20. International Covenant on Civil and Political Rights, art. 12 (1). Convention respecting the Laws and Customs of War on Land, art. 50, and Fourth Geneva Convention, art. 33. International Covenant on Civil and Political Rights, art. 12 (3), and Committee on Civil and Political Rights general comment No. 27 (1999) on freedom of movement, para. 14. International Covenant on Economic, Social and Cultural Rights, arts. 6 and 11-13. See A/HRC/31/44, paras. 44-73. See A/HRC/22/63, para. 89. International Covenant on Civil and Political Rights, art. 1, and International Covenant on Economic, Social and Cultural Rights, art. 1. See A/HRC/31/44, para. 11.