A/HRC/15/51
beyond the imposed zone are subject to arrest, seizure of their vessel, and/or armed attack
from Israeli naval forces.
34.
In paragraph 1972 (c) of its report, the Mission recommended that Israel should
initiate a review of the rules of engagement, standard operating procedures, open fire
regulations and other guidance for military and security personnel. It recommended that
Israel should avail itself of the expertise of ICRC, OHCHR and other relevant bodies, and
Israeli experts, civil society organizations with the relevant expertise and specialization, in
order to ensure compliance in this respect with international humanitarian law and
international human rights law. In particular, such rules of engagement should ensure that
the principles of proportionality, distinction, precaution and non-discrimination were
effectively integrated in all such guidance and in any oral briefings provided to officers,
soldiers and security forces, so as to avoid the recurrence of Palestinian civilian deaths,
destruction and affronts on human dignity in violation of international law.
35.
In July 2010, the Government of Israel issued a document entitled “Gaza operation
investigations: second update”. In the document, the Government describes the adoption by
the Israel Defense Forces of new procedures and doctrine to improve the protection of
civilians in urban warfare.17 These include positive measures to “insulate the civilian
population from combat operations, and to limit unnecessary damage to civilian property
and infrastructure and require integration of civilian interests into the planning of combat
operations”.18 It also reports the issuance of a new standing order on the destruction of
private property for military purposes.19 The Government of Israel has not approached
OHCHR to draw on its expertise in connection with a review of rules of engagement,
standard operating procedures, open fire regulations or other relevant guidance for military
personnel.
36.
In paragraph 1972 (d) of its report, the Mission recommended that Israel should
allow freedom of movement for Palestinians within the Occupied Palestinian Territory –
within the West Bank, including East Jerusalem, between the Gaza Strip and the West
Bank, and between the Occupied Palestinian Territory and the outside world – in
accordance with international human rights standards and international commitments
entered into by Israel and the representatives of the Palestinian people. The Mission also
recommended that Israel should forthwith lift travel bans currently placed on Palestinians
by reason of their human rights or political activities.
37.
The freedom of movement of Palestinians within the Occupied Palestinian Territory
remains severely restricted. The barrier, in conjunction with its gate and permit regime,
continues to be the single largest obstacle to Palestinian movement within the West Bank.
On 24 May 2010, Israeli authorities announced a welcome package of measures that
included the opening of a key route to Palestinian traffic and the removal of 60
roadblocks.20 Still, there has been no significant improvement in the access of Palestinians
to areas behind the barrier, including East Jerusalem, or to land and rural communities in
the Jordan Valley. Freedom of movement for Palestinians between Gaza and the West
Bank, and abroad remains highly limited. In this regard, the Government of Israel stated
that its adjusted policy on the entry of goods into Gaza would not remove existing
17
18
19
20
Available at www.mfa.gov.il/NR/rdonlyres/1483B296-7439-4217-933C53CD19CE859/0/GazaUpdateJuly2010.pdf.
Ibid., paras.150-153.
Ibid., paras.154-156.
The West Bank Movement and Access Update, OCHA-OPT, June 2010.
9
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