A/HRC/7/76
page 16
IV. RECOMMENDATIONS TO THE HUMAN RIGHTS COUNCIL
A. Accountability
56. In view of the grave and worsening human rights situation in the Occupied
Palestinian Territory, the protection of both Palestinian and Israeli civilians requires
immediate action by all parties and the international community.
57. First, all parties to the conflict should immediately cease all actions violating
international human rights and humanitarian law.
58. Second, Israel, the Palestinian Authority and the de facto Government of the Gaza
Strip under the effective control of Hamas should establish accountability mechanisms
providing for law-based, independent, transparent and accessible investigations of alleged
breaches of international human rights and humanitarian law in accordance with their
respective obligations. Such investigations must hold perpetrators to account and provide
redress to victims where violations of law are found to have occurred. Existing mechanisms
which lack impartiality, accessibility or transparency should be replaced by accountability
mechanisms that meet international standards. In order to bring about a change in
approach in the use of force, and thus ensure compliance with international law, such an
effective system of accountability, the inclusion of personal accountability where
negligence, recklessness or intent is established is indispensable. Such investigations should
be established urgently and without delay, in particular to address allegations of grave
breaches of international humanitarian law and serious violations of international human
rights law, such as indiscriminate attacks and incursions, indiscriminate firing of rockets
or mortars, suicide bombings, targeted killings and torture.
59. Third, the international community should actively promote the implementation of
the decisions, resolutions and recommendations of international accountability mechanisms
such as the Security Council, the International Court of Justice and the United Nations
human rights mechanisms, including treaty bodies and special rapporteurs.
B. Closure of Gaza
60. The 1.4 million people of Gaza live under the most abhorrent conditions. The current
human rights crisis in Gaza is man-made, and urgent action by all parties is required to
end the closure and the suffering which has resulted from the deprivation of their human
rights.
61. Israel must cease all action violating international human rights and humanitarian
law obligations and in particular the prohibition of collective punishment. The de facto
Government in Gaza under the effective control of Hamas should take all measures within
its power to minimize the negative effects of the siege on the enjoyment of human rights by
Gazans, and ensure that all action which violates the rights of both Palestinian and Israeli
civilians ceases, notably the indiscriminate firing of rockets into Israel. The Palestinian
Authority should take all measures in its power to alleviate the situation.
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