A/HRC/13/55
30.
In paragraph 1971 (d) of its report, the Mission recommended that “the General
Assembly should promote an urgent discussion on the future legality of the use of certain
munitions referred to in this report, and in particular white phosphorous, flechettes and
heavy metal such as tungsten. In such discussion the General Assembly should draw inter
alia on the expertise of the International Committee of the Red Cross (ICRC). The Mission
further recommend[ed] that the Government of Israel should undertake a moratorium on the
use of such weapons in the light of the human suffering and damage they have caused in the
Gaza Strip”.
31.
E.
To date, the General Assembly has not taken action to promote such a discussion.
Action by the State of Israel
32.
In paragraph 1972 of its report, the Mission addressed a total of nine
recommendations to the State of Israel.
33.
In paragraph 1972 (a) of its report, the Mission recommended “that Israel should
immediately cease the border closures and restrictions on passage through border crossings
with the Gaza Strip and allow the passage of goods necessary and sufficient to meet the
needs of the population, for the recovery and reconstruction of housing and essential
services, and for the resumption of meaningful economic activity in the Gaza Strip”.
34.
As of the date of this report, the policy of closures of Gaza remains in effect. The
quantity and range of goods allowed into Gaza remain severely restricted, and the majority
of material allowed in continues to be food and hygiene items (84 per cent of imports since
October 2009). Material needed to commence reconstruction continues to be barred from
entry, but some smaller-scale improvement has been noted. So, for example: outstanding
shipments of spare parts for the Gaza Electricity Distribution Company have been allowed
in between November 2009 and January 2010; 103 truckloads of glass have entered since
29 December 2009, and the United Nations is now starting negotiations to allow for a
second tranche of glass; construction material including cement, gravel and tar for the
Northern Gaza Waste Water Treatment project was allowed entry in November 2009. The
Government of Israel has also indicated that the transfer of educational supplies to the Gaza
strip was facilitated on 11 November 2009.5
35.
In paragraph 1972 (b) of its report, the Mission recommended “that Israel should
cease the restrictions on access to the sea for fishing purposes imposed on the Gaza Strip
and allow such fishing activities within the 20 nautical miles as provided for in the Oslo
Accords. It further recommends that Israel should allow the resumption of agricultural
activity within the Gaza Strip, including within areas in the vicinity of the borders with
Israel”.
36.
As of the date of this report, Israeli naval forces continue to prohibit Gazans access
beyond three nautical miles from the shore and within a 300-metre-wide strip of land near
the border fence.
37.
In paragraph 1972 (c) of its report, the Mission recommended that “Israel should
initiate a review of the rules of engagement, standard operating procedures, open fire
regulations and other guidance for military and security personnel. The Mission
recommends that Israel should avail itself of the expertise of the International Committee of
the Red Cross, the Office of the United Nations High Commissioner for Human Rights and
5
Letter from the Permanent Mission of Israel to the High Commissioner for Human Rights, 16
November 2009.
7
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