A/HRC/15/51
25.
In paragraph 1971 (c) of its report, the Mission recommended that the General
Assembly should ask the Government of Switzerland to convene a conference of the high
contracting parties to the Fourth Geneva Convention of 1949 on measures to enforce the
Convention in the Occupied Palestinian Territory and to ensure its respect in accordance
with its article 1.
26.
As stated in the report of the Secretary-General submitted pursuant to section B of
Human Rights Council resolution S-12/1, the General Assembly recommended that the
Government of Switzerland, in its capacity as depository of the Geneva Convention relative
to the Protection of Civilian Persons in Time of War, should undertake as soon as possible
the necessary steps to reconvene a conference of High Contracting parties to the Fourth
Geneva Conventions on measures to enforce the Convention in the Occupied Palestinian
Territory, including East Jerusalem, and to ensure its respect in accordance with article 1.
In a subsequent communication to the Secretary-General, the Government provided
information on the preliminary consultations that it had undertaken to that end (A/64/651,
annex III). In paragraph 4 of its resolution 64/254, the Assembly reiterated its
recommendation that the Government of Switzerland, in its capacity as depository of the
Geneva Convention relative to the Protection of Civilian Persons in Time of War,
undertake as soon as possible the necessary steps to reconvene a Conference of High
Contracting parties to the Fourth Geneva Conventions on measures to enforce the
Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure
its respect in accordance with article 1, bearing in mind the convening of such a Conference
and the statement adopted on 15 July 1999, as well as the reconvening of the Conference
and the declaration adopted on 5 December 2001. In a subsequent communication to the
Secretary-General, the Government provided information on the preliminary consultations
that it had undertaken to that end.7
27.
In paragraph 1971 (d) of its report, the Mission recommended that the General
Assembly should promote an urgent discussion on the future legality of the use of certain
munitions referred to in its report, and in particular white phosphorous, flechettes and
heavy metal, such as tungsten. In such a discussion, the Assembly should draw on, inter
alia, the expertise of the International Committee of the Red Cross (ICRC). The Mission
also recommended that the Government of Israel should undertake a moratorium on the use
of such weapons in the light of the human suffering and damage they had caused in the
Gaza Strip.
28.
7
8
To date, the General Assembly has not taken action to promote such a discussion.8
United Nations Independent International Fact-Finding Mission on the Gaza Conflict (A/HRC/15/52),
in which she stated that she had requested guidance from the Controller of the United Nations on the
modalities for the establishment of an escrow fund, including its appropriate custodian, and that the
response received from the Controller had identified a range of considerations and questions, which
should be referred to the Office of Legal Affairs, that the High Commissioner had accordingly written
to that Office for legal advice and would provide further information on this matter following the
receipt of its reply.
A/64/890, annex III. In paragraph 7 of its resolution 13/9, the Council welcomed the recommendation
of the General Assembly addressed to the Government of Switzerland, and recommended that the
Government reconvene the conference envisaged before the end of 2010.
In paragraph 13 of its resolution 13/9, the Council called upon the General Assembly to promote an
urgent discussion on the future legality of the use of certain munitions as referred to in the report of
the United Nations Independent International Fact-Finding Mission on the Gaza Conflict, drawing on,
inter alia, the expertise of the International Committee of the Red Cross.
7
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