A/HRC/20/32
their efforts to address this situation and of upcoming measures. I would like to urge
Israel to end the blockade in order to ensure that the minimum needs of the
population living in Gaza are met.‖26
VII. Right of self-determination
37.
It is beyond controversy that the Palestinian people enjoy an inalienable right of selfdetermination that is confirmed by article 1 of both the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil and Political
Rights, as well as being set forth in the Charter of the United Nations. The General
Assembly and the Security Council have both confirmed that the right of self-determination
is possessed by the Palestinian people, and should be realized through a sustainable solution
to the conflict. 27 The International Court of Justice viewed the construction of the
separation wall on occupied Palestinian territory as a violation of the right of selfdetermination belonging to the Palestinian people.
VIII. Recommendations
38.
The Special Rapporteur recommends that:
(a)
In the light of widespread abusive administrative detention procedures
and practices, a resolution of censure be adopted by the Human Rights Council, and a
special body be tasked with preparing a detailed study of the application of
administrative detention as applied by Israel in the occupied Palestinian territory;
(b)
In view of the persistence of occupation for nearly half a century, with no
end in sight, the Human Rights Council should commission a study of the adequacy of
international humanitarian law to cover the situations caused by prolonged
occupation and provide Israel and the international community with appropriate
recommendations;
(c)
Support be given for a request to the International Court of Justice for
an Advisory Opinion on the Israeli practice of transferring detained Palestinians to
prisons in Israel, denying normal visitation rights, possibly joined to a broader
request for legal clarification of the special character of prolonged belligerent
occupation;
(d)
The Human Rights Council take emergency notice of an Israeli
legislative initiative that purports to legalize settlement “outposts”, currently unlawful
under Israeli law, which would both further increase Israeli settlement land claims
and correspondingly undermine Palestinian rights, including with respect to
Palestinian self-determination;
(e)
The Human Rights Council should give increased attention to the refusal
by Israel to cooperate with the normal functioning of the United Nations by way of the
Special Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967.
26
27
16
Preliminary remarks of the Special Rapporteur on adequate housing (note 23 above).
This was confirmed by the Commission on Human Rights in its resolution 2005/1.
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