A/HRC/10/29
relevant international obligations were already met by existing legislation and case law, and
whether passing implementing legislation was needed prior to becoming a party to an
international treaty. This process involved extensive and meticulous governmental work to
assess the compatibility of new treaties with domestic law, and where necessary, to
introduce relevant amendments to the law. Furthermore, Israeli courts recognized and
applied a presumption of compatibility as an interpretive tool, assuming that the Knesset,
when enacting new legislation, had no intention of derogating or deviating from
international obligations; therefore, Israeli legislation should be interpreted in conformity
with international law, unless an explicit intention to the opposite existed. In addition,
certain laws integrated some of the human rights treaties into Israeli legislation. It also
noted that customary law, in contrast to treaty law, was considered part of domestic law; it
was binding without the need of transformation by a statute, unless it explicitly conflicted
with an existing statute.
464. With regard to the recommendation to evaluate the possibility of ratifying the
second Optional Protocol to the International Covenant on Civil and Political Rights on the
abolition of the death penalty, Israel reiterated what was indicated in its national report, that
while it is not in a position to ratify the Protocol, Israel had applied a de facto moratorium
on executions, and the only exception that had ever been implemented since the
establishment of Israel was in the case of the Nazi war criminal Adolph Eichmann in 1962,
who was convicted by the Supreme Court of committing genocide under the 1950
punishment of Nazi and Nazi Collaborators Law. The death penalty had not been applied
since. This policy complies with the State’s obligations as a State party under United
Nations human rights treaties and its sponsorship of United Nations resolutions in support
of a moratorium on the imposition of the death penalty.
465. Israel also took note of the recommendation to intensify its efforts to ensure that
human rights were respected in the fight against terrorism. This remained an ongoing
challenge for Israel as it continued to confront the threat of terrorism. Israel was keenly
aware of the need to find a balance between competing rights and other considerations in
this regard, and remained ready and willing to share its experience and challenges with
other countries.
466. Israel indicated it would make a concerted effort to incorporate civil society groups
when considering how to implement further the recommendations received, and would
continue to explore ways to engage with the members of civil society in the protection of
human rights in Israel.
(b)
Views expressed by Member and observer States of the Council on the review outcome
467. Palestine noted that none of the 12 recommendations that it had made on the basis of
the principles of international humanitarian law and international human rights law had
been taken into account by Israel. Palestine reminded that Israel was the occupying Power
of Palestinian and other Arab territories and had recently unleashed a savage attack against
the Gaza Strip, leading to thousands of deaths, the destruction of homes, places of worship,
hospitals and even United Nations buildings. Israel had imposed a blockade on Gaza for
two years, and had already started to demolish 80 other houses and displace more than
1,500 Palestinians living in East Jerusalem. Due consideration should be given to the
numerous appeals by the Secretary-General, the United Nations High Commissioner for
Human Rights, by special rapporteurs, particularly the Special Rapporteur on the situation
of human rights in the Palestinian territories occupied since 1967, and the presidents of the
International Committee of the Red Cross and of the Federation of the Red Cross and Red
Crescent, the head of the United Nations Relief and Works Agency for Palestine Refugees
in the Near East, the Under-Secretary-General for Humanitarian Affairs, the Organization
of the Islamic Conference, the Non-Aligned Movement, the Arab League and international
160
GE.09-17451
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