A/HRC/15/51
49.
In paragraph 1973 (a) of its report, the Mission recommended that Palestinian armed
groups should undertake forthwith to respect international humanitarian law, in particular
by renouncing attacks on Israeli civilians and civilian objects, and take all feasible
precautionary measures to avoid harm to Palestinian civilians during hostilities.
50.
Indiscriminate rocket and mortar attacks against Israel continue to be frequently
launched from Gaza.30 According to the United Nations Department of Safety and Security,
from 1 March 2010 to 23 July 2010, there were 37 incidents of rocket fire (totalling 41
rockets) and seven incidents of mortar shelling (totalling 12 mortar shells). OHCHR is
unable to determine whether these attacks targeted military or civilian objectives. On 18
March 2010, a rocket attack launched from Gaza resulted in the death of one person.31
OHCHR is unable to confirm whether Palestinian armed groups have taken all feasible
precautionary measures to avoid harm to Palestinian civilians during hostilities.
51.
In paragraph 1973 (b) of its report, the Mission recommended that the Palestinian
armed groups holding Israeli soldier Gilad Shalit in detention should release him on
humanitarian grounds; pending that release, they should recognize his status as prisoner of
war, treat him as such, and allow him ICRC visits.
52.
At the time of writing, Gilad Shalit was still in detention, had not been recognized as
a prisoner of war and was not allowed any contact with ICRC.
G.
Action by responsible Palestinian authorities
53.
The Mission directed three recommendations to responsible Palestinian authorities
in paragraph 1974 of its report.
54.
In paragraph 1974 (a) of its report, the Mission recommended that the Palestinian
Authority should issue clear instructions to security forces under its command to abide by
human rights norms as enshrined in the Palestinian Basic Law and international
instruments, ensure prompt and independent investigations of all allegations of serious
human rights violations by security forces under its control, and end the resort to military
justice to deal with cases involving civilians.
55.
As stated in the report of the Secretary-General submitted pursuant to section B of
Human Rights Council resolution S-12/1, the Minister of Interior of the Palestinian
Authority issued two decisions instructing security forces, within the context of handling
detainees, to abide by human rights norms as enshrined in the Palestinian Basic Law and
international instruments. The OHCHR field presence has nevertheless received
information that the Palestinian Authority continues to subject civilians to military
tribunals.
56.
In paragraph 1974 (b) of its report, the Mission recommended that the Palestinian
Authority and the Gaza authorities should release without delay all political detainees
currently in their power and refrain from further arrests on political grounds and in
violation of international human rights law.
57.
According to information provided to OHCHR, arbitrary arrests on political grounds
continue in both the West Bank and Gaza. OHCHR received information that, in April,
May and June 2010, approximately 364 people in the West Bank and 76 people in Gaza
30
31
12
Letters of the Permanent Mission of Israel to the United Nations High Commissioner for Human
Rights of 15 March, 9 April, 29 April, 28 June and 30 July 2010.
Ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents