A/HRC/37/43
requirements, the Syrian villages are increasingly overcrowded, infrastructure is strained,
and no expansion to accommodate the needs of the population is possible. Since the first
demolition was reported in the occupied Syrian Golan in September 2016, there are
concerns that the demolition of homes may become common (A/HRC/34/39, para. 59).62
66.
In August 2017, the non-governmental organizations Adalah and Al-Marsad
stressed the continued presence of mines around the village Majdal Shams that poses a
serious danger to an estimated 11,000 people. They called upon the Israeli authorities to
remove the mines and the related military outposts reportedly directly adjacent to
residential homes, and situated on land belonging to the residents of Majdal Shams. Both
organizations noted that the mines often drift beyond the marked minefields, and that some
had exploded in the heat of the summer. They estimated that, since 1967, 69 civilian
residents of the Golan Heights had been wounded by land mines and that 18 had
consequently died, including nine children. 63
67.
The High Commissioner reaffirms the continuing validity of Security Council
resolution 497 (1981), in which the Council stated that the decision by the Government of
Israel to impose its laws, jurisdiction and administration in the occupied Syrian Golan
Heights was null and void and without international legal effect.
VI. Conclusions
68.
During the period under review, a significant increase in settlement activity,
including in East Jerusalem and Hebron, was witnessed. In Hebron, several factors
led to a deterioration in the living conditions and to an increased coercive
environment.
69.
The establishment and expansion of settlements in the Occupied Palestinian
Territory by Israel, including the legal and administrative measures that it has taken
to provide socioeconomic incentives, security, infrastructure and social services to
citizens of Israel residing in the West Bank, including East Jerusalem, amount to the
transfer by Israel of its population into the Occupied Palestinian Territory, which is
prohibited under international humanitarian law.64 The transfer of the population by
an occupying State into an occupied territory is a grave breach of article 147 of the
Fourth Geneva Convention and therefore a war crime. 65 Several international bodies
have confirmed the illegality of Israeli settlements in the Occupied Palestinian
Territory and the occupied Syrian Golan, including the International Court of Justice,
the Security Council, the General Assembly and the Human Rights Council.66
70.
Palestinians in Area C, the H2 area of Hebron, and East Jerusalem are subject
to discriminatory practices, as well as reduced living space, increased tensions,
violence and arrests due to the existence and growth of settlements.
71.
Palestinians in East Jerusalem face a restrictive planning, permit and
construction regime, a lack of public services and shrinking public space. The lack of
housing permits leads to the constant threat of demolition and displacement. These
factors violate several rights and contribute to a coercive environment in East
Jerusalem. Palestinians living in such a coercive environment may have no other
choice but to leave, as previously documented in Area C and the H2 area of Hebron
62
63
64
65
66
See http://golan-marsad.org/press-release-israeli-authorities-demolish-home-in-majdal-shams-in-theoccupied-syrian-golan/.
Adalah, “Adalah, Al-Marsad demand Israel remove army outposts and minefields from occupied
Syrian town on Golan Heights”, 2 August 2017.
Fourth Geneva Convention, art. 49 (6).
See also the Rome Statute of the International Criminal Court, art. 8 (2) (b) (viii).
International Court of Justice, Legal consequences of the construction of a wall in the Occupied
Palestinian Territory, advisory opinion of 9 July 2004, para. 120; Security Council resolutions 465
(1980) and 2334 (2016); General Assembly resolutions 71/97 and 72/86; and Human Rights Council
resolution 31/36.
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