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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents