A/HRC/40/43
The amended law reflects significant improvements, though concerns remain in relation to
certain loosely defined provisions that could allow the law’s possible misuse by the
authorities.
47.
The impact of prior decisions of the authorities of the State of Palestine continued to
hamper the functioning of human rights organizations, in particular in Gaza. Further to a
decision issued on 21 April 2016, non-profit entities, including those operating in Gaza,
continued to be subject to the requirement to submit all their applications for donations,
grants and aid to the Ministry of National Economy for approval, and the receipt and
disbursal of funds remained contingent on prior approval by the Cabinet. The 2016 decision
continued to undermine the autonomy and scope of operation of non-profit entities across
the Occupied Palestinian Territory, given that such organizations are also subject to the
scrutiny of authorities in Gaza.
IV. Third-State responsibility
48.
In its resolution 37/37, the Human Rights Council refers to article 1 common to the
Geneva Conventions relating to the protection of victims of international armed conflicts,
and calls upon third States to “ensure respect” for international humanitarian law in the
Occupied Palestinian Territory. Ensuring respect implies taking measures to prompt States
to act in compliance with international humanitarian law. 80
49.
Third States are free to choose between different possible measures, as long as those
adopted are considered adequate to ensure respect for international humanitarian law, in
line with their duty of due diligence. 81 This implies that the repetition of measures that have
proven to be ineffective to ensure respect for the Geneva Conventions may no longer be
considered adequate. More research and analysis as to the types of measures that are at the
disposal of States in this regard would be particularly valuable. Support for national and
international efforts to bring suspected perpetrators of serious violations of international
humanitarian law to justice has been identified as one such measure. Other such measures
could be bilateral diplomatic interventions or public denunciation of unlawful acts.82
50.
In September 2018, following the decision of Israel to demolish the Palestinian
Bedouin village of Khan al-Ahmar in the West Bank, the European Parliament passed a
resolution that called on the Government of Israel to put an immediate end to its policy of
threats of demolition and eviction against the Bedouin communities in the occupied West
Bank.83 The European Parliament expressed its concern that the demolitions would severely
threaten the viability of the two-State solution84 and condemned any unilateral decision and
action that might undermine the prospects of that solution. The resolution furthermore
echoed the joint statement by France, Germany, Italy, Spain and the United Kingdom of
Great Britain and Northern Ireland 85 calling on Israel not to go ahead with its plan to
demolish the Palestinian village.
80
81
82
83
84
85
14
for the arrest and detention of journalists and human rights defenders (A/HRC/37/42, para. 42, and
A/HRC/37/41, para. 39).
A/HRC/37/41, para. 41 (with references).
International Committee of the Red Cross (ICRC), commentary of 2016 on the Geneva Convention
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949, para. 165.
ICRC commentary of 2016 on article 1, para. 181.
European Parliament resolution of 13 September 2018 on the threat of demolition of Khan al-Ahmar
and other Bedouin villages, para. 5.
Statement by the High Representative of the Union for Foreign Affairs and Security Policy, Federica
Mogherini, on the latest developments regarding the planned demolition of Khan al-Ahmar, 7
September 2018. Available at https://eeas.europa.eu/headquarters/headquartershomepage/50237/statement-hrvp-mogherini-latest-developments-regarding-planned-demolition-khanal-ahmar_en.
See www.diplomatie.gouv.fr/en/country-files/israel-palestinian-territories/palestinianterritories/events/article/khan-al-ahmar-france-germany-italy-spain-and-uk-joint-statement-10-09-18.
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