A/HRC/27/76
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution S21/1, adopted at the twenty-first special session of the Council on 23 July 2014. The report
addresses the status of implementation of resolution S-21/1, notably with regard to the
reconvening of the conference of High Contracting Parties to the Fourth Geneva
Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949
(the Convention), support to the Commission of Inquiry established pursuant to resolution
S-21/1 and the relevant activities by special procedures mandate holders.
2.
The report also presents preliminary information gathered, primarily between June
and August 2014, by the Office of the United Nations High Commissioner for Human
Rights (OHCHR), on violations of international human rights law and international
humanitarian law in the West Bank, including East Jerusalem and in the Gaza Strip. It also
includes information available as of August 2014 on accountability measures relating to
such violations.
II. Status of implementation of resolution S-21/1
A.
Conference of High Contracting Parties to the Fourth Geneva
Convention
3.
In resolution S-21/1, the Human Rights Council recommended that the Government
of Switzerland promptly reconvene the conference of High Contracting Parties to the
Convention on measures to enforce the Convention in the Occupied Palestinian Territory,
including East Jerusalem, and to ensure its respect in accordance with article 1 common to
the four Geneva Conventions (para. 11). On 12 August 2014, by note verbale to the
Permanent Mission of Switzerland to the United Nations at Geneva, OHCHR requested
information regarding the steps taken by the Government of Switzerland in that regard.
4.
By note verbale dated 25 August 2014, the Permanent Mission of Switzerland stated
that it had received two letters, from the President of the State of Palestine, dated 9 July
2014, and from the Foreign Minister of the State of Palestine, dated 22 July 2014, regarding
the application of the Convention in the Occupied Palestinian Territory. Switzerland noted
that, on 22 July 2014, it had sent the two letters to the High Contracting Parties, informing
them of its intention, as the depositary of the Convention, to resume the consultations,
which had been suspended in 2011, on the question of reconvening the conference of the
High Contracting Parties.
5.
Switzerland emphasized that, as the depositary of the Convention, it could only
convene such conference if the High Contracting Parties so wished, but that it would act as
facilitator and lead the consultation in a spirit of impartiality. It also suggested that any
conference should be inclusive and focus on the object of the Convention, namely the
humanitarian needs and protection of the civilian population affected by the conflict.
6.
On 28 July 2014, with reference to General Assembly resolution 64/80 and Human
Rights Council resolution S-21/1, Switzerland initiated consultations with High Contracting
Parties to ascertain the existence of a critical mass of support to engage in a conference of
the High Contracting Parties on compliance with the Convention in the Occupied
Palestinian Territory. It approached a representative sample of more than 40 parties to the
Convention, as well as international organizations, including the International Committee
of the Red Cross, stating its readiness to engage bilaterally with any other party which so
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