A/HRC/28/43
I.
Background
1.
In its resolution 25/28 on Israeli settlements in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, the Human Rights Council
requested the United Nations High Commissioner for Human Rights to present a report to
the Council at its twenty-eighth session, detailing the implementation of the
recommendations contained in the report of the independent international fact-finding
mission to investigate the implications of Israeli settlements on the civil, political,
economic, social and cultural rights of the Palestinian People throughout the Occupied
Palestinian Territory, including East Jerusalem (A/HRC/22/63).
2.
The present report, submitted pursuant to resolution 25/28, contains the information
requested and received from States to which the fact-finding mission addressed
recommendations, as well as information gathered by the Office of the United Nations High
Commissioner for Human Rights. The present report contains information up until 25
November 2014 and follows the report on the same subject matter which included
information up until November 2013 and was presented at the twenty-fifth session of the
Human Rights Council (A/HRC/25/39). It should be read in conjunction with the report of
the Secretary-General to the twenty-eighth session of the Human Rights Council on Israeli
settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the
occupied Syrian Golan (A/HRC/28/44) and recent reports of the Secretary-General and the
High Commissioner on the situation of human rights in the Occupied Palestinian Territory. 1
II. Overview of the recommendations of the fact-finding mission
3.
In its report, the fact-finding mission made six recommendations, of which four
were addressed to the State of Israel. Basing itself on article 49 of the Fourth Geneva
Convention, the mission called upon Israel to cease all settlement activities without
preconditions; to immediately initiate a process of withdrawal of all settlers from the
Occupied Palestinian Territory; and to ensure adequate, effective and prompt remedy for all
Palestinian victims for the harm suffered as a consequence of human rights violations that
were a result of the settlements, in accordance with its international obligation to provide
effective remedy. The mission noted that, where necessary, steps should be taken to provide
such remedy in concurrence with the representatives of the Palestinian people and the
assistance of the international community (para. 112).
4.
In addition, the fact-finding mission called upon Israel to put an end to the human
rights violations linked to the presence of settlements, and to ensure full accountability for
all violations, including for all acts of settler violence, in a non-discriminatory manner, and
to put an end to the policy of impunity. It furthermore urged Israel to put an end to arbitrary
arrests and detention of Palestinians, especially children, and to observe the prohibition of
the transfer of prisoners from the Occupied Palestinian Territory to the territory of Israel, in
accordance with article 76 of the Fourth Geneva Convention (paras. 113–115).
5.
In its report, the fact-finding mission called upon all Member States to comply with
their obligations under international law and to assume their responsibilities in their
relations with a State breaching peremptory norms of international law, and specifically not
to recognize an unlawful situation resulting from Israel’s violations (para. 116).
6.
Lastly, the fact-finding mission stated that private companies must assess the human
rights impact of their activities and take all necessary steps — including by terminating
1
2
Including A/HRC/28/45, A/HRC/28/80 and Add.1, A/69/348 and A/69/347.
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