A/HRC/28/80
I. Introduction
1.
The present report, the seventh periodic report of the United Nations High
Commissioner for Human Rights on the human rights situation in the Occupied Palestinian
Territory, covers the period from 9 November 2013 to 31 October 2014.
2.
The period from 12 June to 26 August 2014 was marked by violence throughout the
West Bank, including East Jerusalem, and an unprecedented escalation of hostilities in
Gaza. The possible violations of international humanitarian law and international human
rights law and the human rights abuses committed during that period have been addressed
separately (see A/HRC/28/80/Add.1). The International Commission of Inquiry, established
pursuant to Human Rights Council resolution S-21/1, is due to report on the events between
12 June and 26 August 2014, and will address issues of accountability for violations of
international law at the twenty-eighth session of the Council.
3.
The information contained in the present report is based primarily on human rights
monitoring carried out by the field presence of the Office of the High Commissioner
(OHCHR) in the Occupied Palestinian Territory. Monitoring activities are implemented
within the framework of General Assembly resolution 48/141 and Human Rights Council
resolutions S-9/1 and S-12/1.
II. Legal background
4.
International human rights law and international humanitarian law apply in the
Occupied Palestinian Territory. A detailed analysis of the legal obligations of Israel, as the
occupying Power, the Palestinian Authority, the de facto authorities and Palestinian armed
groups in Gaza are contained in the first periodic report of the High Commissioner on the
situation of human rights in the Occupied Palestinian Territory (A/HRC/12/37, paras. 5-9).
5.
In 2014, the State of Palestine deposited instruments of accession to 20 international
treaties,1 including seven of the nine core international human rights treaties (see paras. 67
– 70 below).2 By acceding to these treaties, the State of Palestine has assumed legal
obligations under international law, including that of reporting to various human rights
treaty bodies. Nevertheless, Israel, as the occupying Power, remains bound by international
human rights law and international humanitarian law, while other relevant actors also
remain bound by international law.
6.
On 23 April 2014, Fatah and Hamas agreed to form a government of national
consensus, which was sworn in by President Mahmoud Abbas, under the leadership of
Prime Minister Rami Hamdallah, on 2 June 2014. At the end of the period under review,
however, uncertainty remained with regard to the actual power exercised by the
Government and the degree to which it or any other authority or group exercised control in
Gaza. In any event, those authorities or groups exercising government-like functions and
effective control over territory in Gaza are bound by relevant human rights law in that
territory (see A/HRC/8/17, para. 9).
1
2
See “Palestine’s Accession to International Treaties Q&A”, 2 April 2014, available on the website of
the Negotiations Affairs Department of the Palestine Liberation Organization (www.nad-plo.org).
See also A/69/347, para. 4.
3
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