A/HRC/10/27
page 5
17. As at January 2009, no action had been taken with regard to the above-mentioned
recommendations.
18. The mission also recommended that the international community fulfil its role in respect of
the suffering of the Gazan population. The ongoing closure of the Gaza Strip and the recent
attacks during Operation Cast Lead raise questions of the legal responsibilities of third-party
States. Third-party legal obligations arise under the provisions of the Geneva Conventions. As
stipulated in common article 1, High Contracting Parties have an obligation to ensure respect for
the provisions contained therein. According to article 146 of the Fourth Geneva Convention,
High Contracting Parties also have a responsibility to effectively search for and bring before
their courts persons committing, or ordering to be committed grave breaches of the Fourth
Geneva Convention, such as the wilful killing of civilians, and extensive destruction of property
not justified by military necessity and carried out unlawfully and wantonly. Moreover, while
States have a primary responsibility to protect all persons under their jurisdiction or control from
war crimes, crimes against humanity, genocide and ethnic cleansing, under the doctrine
reaffirmed in the 2005 World Summit Outcome,4 the international community in its entirety
shares the responsibility for protecting civilians, in particular where and when the authorities
concerned are unable or unwilling to do so. Finally, as concerns accountability, the international
system provides options for accountability at the international level, including through action by
the International Criminal Court, the establishment of ad hoc tribunals and the exercise of
universal jurisdiction in third-party courts. Thus, the people of Beit Hanoun and Gaza look
legitimately to the international community to respond with urgency and with appropriate
measures to their desperate and still worsening situation.
IV. CONCLUSIONS
19. As at January 2009, none of the recommendations made by the high-level mission had
been implemented. Indeed, the critical human rights situation in Beit Hanoun described by
the mission had significantly worsened since the adoption of Council resolution 9/18 as a
result of the 19-month blockade of Gaza by Israel and its large-scale military operation in
Gaza from 27 December 2008 to 18 January 2009. The victims of the shelling of
Beit Hanoun of 8 November 2006 remain without effective protection, meaningful
reparation and any independent, impartial and transparent mechanism that could secure
accountability.
20. If no action is taken by Israeli authorities or by the international community to
demonstrate that human rights are protected by the rule of law, greater numbers in the
population are likely to embrace those who resort to militant means of seeking redress.
Accountability is not only a legal obligation but also an imperative for peace.
-----
4
General Assembly resolution 60/1.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents