A/HRC/34/38
72.
International human rights law guarantees freedom of expression, association and
peaceful assembly. 161Although restrictions on the exercise of those rights are permitted,
they must be provided by law and have to be necessary for the protection of the rights and
freedoms of others and for the protection of national security and order.
IV. Conclusion
73.
Chronic violations of international human rights law and international
humanitarian law by all parties persisted during the reporting period. Violations by
Israel of the fundamental provisions of the law of occupation continued, particularly
with the closures in Gaza and the consolidation and expansion of settlements,
suggesting clear patterns and policies. The transfer of parts of the Israeli and the
Palestinian populations, and the lack of respect for public and private property, have
profoundly altered the status quo in the Occupied Palestinian Territory.
74.
The absence of law enforcement and accountability against Israeli perpetrators
further contravenes the obligation of Israel as an occupying power to ensure public
order and safety and to protect the Palestinian population in all circumstances.
Moreover, the application of Israeli national law to Israelis in the West Bank raises
concerns under international law.
75.
In 2013, experts denounced the “creeping annexation” of the West Bank,
preventing the establishment of a contiguous and viable Palestinian State and
undermining the right of the Palestinian people to self-determination. 162 The
devastating impact of the Israeli occupation on the rights of the Palestinian population
can only be reasserted.
76.
International law violations by the Palestinian Authority, the authorities in
Gaza and Palestinian armed groups are also of concern. The obligation of the
Palestinian authorities to uphold human rights in the entirety of the Occupied
Palestinian Territory has to be emphasized as an essential element of the governing
role of the State of Palestine.
V. Recommendations
77.
All violations and abuses of the human rights of the Palestinian people must
immediately cease and be promptly, impartially and independently investigated and
those responsible must be held accountable. All parties must respect international law
and comply with their obligations and responsibilities under international human
rights law.
78.
All parties, including Palestinian armed groups, shall respect the applicable
rules of international humanitarian law, including the principles of distinction,
proportionality and precaution, and ensure accountability for all violations.
79.
All previous recommendations of the United Nations human rights treaty
bodies and other mechanisms of the Secretary-General and of the United Nations
High Commissioner for Human Rights that remain valid, as well as the
recommendations of commissions of inquiry and fact-finding missions, must be fully
and promptly implemented.
80.
All States parties to the Geneva Conventions should take measures to ensure
the respect of the Conventions by all sides.
81.
Israel must end and reverse all settlement activity in the West Bank, including
East Jerusalem, and lift the situation of blockade in Gaza.
161
162
16
International Covenant on Civil and Political Rights, arts. 19 and 21-22.
See A/HRC/22/63, para. 101.
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