A/HRC/40/39 Legal framework 7. International human rights law and international humanitarian law are applicable in the entirety of the Occupied Palestinian Territory, namely, Gaza and the West Bank, including East Jerusalem. A detailed analysis of the relevant legal obligations is contained in a report of the Secretary-General on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, 6 and remained applicable for the duration of the reporting period. II. Violations of international human rights law and international humanitarian law in the Occupied Palestinian Territory by all duty bearers A. Israel 1. Obligations of the occupying Power under international humanitarian law 8. Advancement of plans for settlement construction continued at a fast pace. Settlements amount to a violation by the occupying Power of the prohibition to transfer parts of its civilian population into territory it occupies. Such transfer is considered a war crime.7 Settler violence against Palestinians rose considerably, with the number of incidents in 2018 being the highest since 2015.8 These developments are described in the report of the High Commissioner submitted pursuant to Human Rights Council resolution 37/36. 9 9. During the reporting period, Israeli authorities demolished 402 Palestinian structures in the West Bank, including East Jerusalem, including 149 residential structures and a school. Forty-three Palestinians were evicted from four Palestinian structures in East Jerusalem.10 On 24 May 2018, the Israeli High Court of Justice issued a ruling in the case of the Bedouin community of Khan al-Ahmar/Abu al-Helu, allowing for the demolition of the community’s structures. The Court upheld the demolition orders in September 2018 following further petitions. The destruction of private property is prohibited under international humanitarian law unless rendered absolutely necessary by military operations. 11 As at 31 October 2018, the demolition had not been carried out, but the community of 180 Palestinians, half of whom are children, remained at imminent risk of forcible transfer.12 10. Israeli practices that in many cases constitute collective punishment 13 continued. The blockade of Gaza entered its twelfth year, with a wide-ranging impact on the rights of Palestinians. Closures were tightened during the second quarter of 2018, reportedly in response to rocket attacks and the launching of incendiary kites and balloons from Gaza into Israel. In a tweet dated 13 October 2018, the Israeli Defense Minister stated that as long as the violent protests continued on the Gaza border, including the launching of incendiary balloons and kites and the burning of tires near Israeli towns, the supply of fuel and gas for Gaza would not be renewed. 14 From July onward, Israel regularly changed the 6 7 8 9 10 11 12 13 14 A/HRC/34/38, paras. 3–12. Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Convention), art. 49; Rome Statute of the International Criminal Court, art. 8 (2) (b) (vii). Information provided by OCHA. A/HRC/40/42. Information provided by OCHA. Fourth Convention, art. 53. Individual or mass forcible transfers are prohibited. See the Fourth Convention, arts. 49 (1) and 147, and the Rome Statute, art. 8 (2) (b) (viii). A/HRC/34/36, para. 36 and A/HRC/24/30, para. 22. AvigdorLiberman@twitter.com, available at https://twitter.com/AvigdorLiberman/ status/1051129236805865472. 3