A/HRC/40/42
59.
Concerns have previously been raised about the presence of mines in the occupied
Syrian Golan. 110 In July 2018, Israeli authorities reportedly began to clear a minefield
around an Israeli army post near Majdal Shams.111
60.
In May 2018, the Israeli Minister of Intelligence told Reuters that his Government
was expecting the United States of America to recognize Israeli sovereignty over the
occupied Syrian Golan in the coming months. 112
VI. Conclusions and recommendations
61.
The establishment and expansion of settlements in the Occupied Palestinian
Territory by Israel amount to the transfer by Israel of its population into the
Occupied Palestinian Territory, which is prohibited under international humanitarian
law. 113 The transfer of an occupying Power’s population to a territory it occupies
amounts to a war crime that may engage the individual criminal responsibility of
those involved.114 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. 115
62.
The advancement of plans for further housing units in settlements continued
unabated, while the rate of construction starts decreased.
63.
Palestinians remained subject to a restrictive planning, permit and construction
regime, placing many of them under threat of demolition of structures and
displacement. It also limits access to their land and to the public services. Access to
land is further impeded by incidents of settler harassment and Israeli security forces
behaviour. These factors contribute to a coercive environment and individually
amount to violations of human rights, including economic, social and cultural rights.
64.
The exacerbation of a coercive environment had a highly detrimental impact on
the human rights of Palestinians. There was a significant increase in settler violence
during the reporting period. In Hebron, Area C and East Jerusalem, several factors
led to a deterioration in the living conditions of Palestinians.
65.
Settler violence had adverse effects on Palestinian society, violating a range of
rights. Furthermore, such violence, as well as settler cultivation of land, Israeli
security forces practices, coordination areas and civilian security coordinator violence,
may gradually prevent Palestinians from accessing their lands, which then risk
becoming part of settlement perimeters, effectively constituting unofficial settlement
expansion.
66.
The High Commissioner recalls Security Council resolution 497 (1981), in
which the Council decided that the Israeli decision to impose its laws, jurisdiction and
administration in the occupied Syrian Golan was null and void and without
international legal effect.
67.
On the basis of her findings, the High Commissioner recommends that the
Israeli authorities:
(a)
Halt immediately and reverse all settlement development and related
activities in the Occupied Palestinian Territory, including occupied East Jerusalem,
110
111
112
113
114
115
A/HRC/37/42, para. 66.
See https://golan-marsad.org/israeli-authorities-finally-start-mine-clearance-in-majdal-shams/.
See www.reuters.com/article/us-mideast-crisis-syria-israel-usa-exclu/exclusive-israeli-minister-saysus-may-soon-recognize-israels-hold-on-golan-idUSKCN1IO2YU.
Fourth Geneva Convention, art. 49 (6).
Rome Statute of the International Criminal Court, art. 8 (2) (b) (viii).
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004, p. 136, 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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