A/HRC/12/37
page 26
members and friends. As noted above, the International Court of Justice has found that both
ICCPR and ICESCR remain applicable in the West Bank, and the entire regime restricting the
freedom of movement of the Palestinian population is in violation of Israel’s international
obligations under these treaties.
VI. CONCLUSIONS AND RECOMMENDATIONS: THE NEED
FOR ACCOUNTABILITY
77. During the reporting period, the already critical human rights situation in the OPT
deteriorated further. The recommendations made by the United Nations Secretary-General
and the High Commissioner for Human Rights in recent reports on the human rights
situation106 have not been implemented. All recommendations made previously by the
Secretary-General and the High Commissioner, addressed to all duty bearers, remain valid
and urgently need to be implemented by the parties. In particular, the High Commissioner
remains gravely concerned that Israel has not yet complied with the Advisory Opinion on
the Wall of the International Court of Justice, and that the severe restrictions on movement
of Palestinian persons in the West Bank continue.
78. As reported above, significant prima facie evidence indicates that serious violations of
international humanitarian law as well as gross human rights violations occurred during
the military operations of 27 December 2008 to 18 January 2009, which were compounded
by the blockade that the population of Gaza endured in the months prior to Operation Cast
Lead and which continues.
79. Across the OPT, reported human rights violations during the reporting period
include arbitrary detentions; torture and ill-treatment; extrajudicial executions; forced
evictions and home demolitions; settlement expansion and related violence; as well as
restrictions on freedom of movement and freedom of expression. While these violations are
of deep concern in their own right, the nearly total impunity that persists for such
violations (regardless of the responsible duty bearer) is of grave concern, and constitutes a
root cause for their persistence.
80.
In this context, the High Commissioner makes the following recommendations:
• The blockade of Gaza and the restrictions on the entry and exit of people and
goods in the West Bank, as well as inside the West Bank, amount to collective
punishment under article 33 of the Fourth Geneva Convention. The
High Commissioner reiterates her call for the immediate easing of restrictions
with a view to the complete lifting of the blockade and other restrictions.
• All allegations of violations of international humanitarian law and human rights
violations during the Gaza military operations must be investigated by credible,
independent and transparent accountability mechanisms, taking fully into account
international standards on due process of law. Equally crucial is upholding the
106
Including A/63/518, A/63/519, A/HRC/7/76, A/HRC/8/17 and A/HRC/8/18.
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