A/HRC/13/55
other relevant bodies, and Israeli experts, civil society organizations with the relevant
expertise and specialization, in order to ensure compliance in this respect with international
humanitarian law and international human rights law. In particular such rules of
engagement should ensure that the principles of proportionality, distinction, precaution and
non-discrimination are effectively integrated in all such guidance and in any oral briefings
provided to officers, soldiers and security forces, so as to avoid the recurrence of
Palestinian civilian deaths, destruction and affronts on human dignity in violation of
international law”.
38.
The Government of Israel has informed the United Nations that, on 20 January 2009,
the Chief of General Staff of the Israel Defense Forces (IDF) ordered investigations into a
range of allegations regarding the conduct of the IDF during the Gaza conflict. As a result
of those investigations, the Chief of General Staff “ordered the IDF to implement lessons
learned on a broad range of matters, directing that certain standing orders be highlighted or
clarified, establishing further guidelines on the use of various munitions, and instructing
that steps be taken to improve coordination with humanitarian organisations and entities”.6
On 9 November 2009 the Government of Israel informed the High Commissioner for
Human Rights that, on the basis of its investigations conducted to date, “significant
measures are already being taken to implement the lessons learned and improve IDF’s
operational activities. Among the measures is the formulation of revised procedures for the
destruction of property and infrastructure for military purposes, as well as for the use of
certain means of warfare”.7 The Government of Israel has not to date approached the Office
of the United Nations High Commissioner for Human Rights (OHCHR) to avail itself of its
expertise in connection with a review of rules of engagement, standard operating
procedures, open fire regulations or other relevant guidance for military personnel.
39.
In paragraph 1972 (d) of its report, the Mission recommended that “Israel should
allow freedom of movement for Palestinians within the Occupied Palestinian Territory —
within the West Bank, including East Jerusalem, between the Gaza Strip and the West
Bank, and between the Occupied Palestinian Territory and the outside world — in
accordance with international human rights standards and international commitments
entered into by Israel and the representatives of the Palestinian people. The Mission further
recommend[ed] that Israel should forthwith lift travel bans currently placed on Palestinians
by reason of their human rights or political activities”.
40.
Freedom of movement of Palestinians within the Occupied Palestinian Territory
remains highly limited. The Israeli policy of closures continues to prevent the free
movement of people and goods into and out of Gaza. Within the West Bank, since October
2009, the Israeli authorities continued to implement measures to increase freedom of
movement of Palestinians between most Palestinian urban centres — excluding East
Jerusalem — through the removal of some permanent obstacles and by allowing
Palestinians to access roads previously reserved for Israelis.8 On the other hand, in January
and February 2010 there was a significant increase in random, or so-called “flying”,
checkpoints throughout the West Bank. In total, there were 550 obstacles to movement in
6
7
8
8
A/64/651, annex I, para. 101; also, para. 99.
“Examination of allegations by Israel Defense Force,” annex to Letter from the Permanent Mission of
Israel to the High Commissioner, 9 November 2009. The High Commissioner for Human Rights
requested further details on this by way of a letter dated 18 November 2009, but has yet to receive a
reply.
In this regard, see report of the United Nations High Commissioner for Human Rights on the
implementation of Human Rights Council resolutions S-9/1 and S-12/1 (A/HRC/13/54, para. 7),
which discusses the recent decision by the Israeli High Court of Justice that orders the IDF to allow
Palestinian access to Route 443.
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