A/HRC/16/72
conclusions seem to pertain to the report of the independent international fact-finding
mission on the incident of the humanitarian flotilla of 31 May 2010.1 Thus, a strong
impression is being formed within the international community that a lack of political will
exists with which to implement recommendations based on authoritative findings that Israel
has been guilty of flagrant violations of international humanitarian law and international
criminal law. This impression of unwillingness to push forward with implementation
fosters widespread perceptions of impunity with respect to the conduct of Israel, and in the
case of flotilla incident limits and delays the opportunity of flotilla passengers to pursue
remedies for harms unlawfully inflicted. This dynamic of evasion and delay weakens
overall respect for international law, as well as the credibility of the Human Rights Council
in relation to its own initiatives. More substantively, it deprives the Palestinian people
living under occupation of their rights to receive the benefits of protection conferred in
circumstances of occupation by international law and, specifically, the Geneva Convention
relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention)
and the First Additional Protocol to the Geneva Conventions of 1949.
5.
Given the long duration, the severity and continuing nature of the violations of many
fundamental legal obligations of Israel as the occupying Power, these failures of
implementation of international humanitarian law are experienced on the ground through
various acute forms of abuse and suffering endured on a frequent, often on a daily, basis by
the civilian population of the occupied Palestinian territories. Many political leaders have
confirmed this assessment in recent months, and yet the organized international community
remains silent. For instance, the Foreign Minister of Germany, Guido Westerville, after a
recent visit to Gaza declared that the persistence of the blockade was “not acceptable”.2
6.
Furthermore, the report of the Independent International Fact-Finding Mission on
the incident of the humanitarian flotilla found that the violence used by the Israel Defence
Forces when the flotilla was attacked was “not only disproportionate but demonstrated
levels of totally unnecessary and incredible violence” as well involving “an unacceptable
level of brutality”.3 The report concludes that the Israeli attack resulted in “grave
violations” of international human right and humanitarian law, as specified in article 147 of
the Fourth Geneva Convention.4 It also solicits cooperation from the Government of Israel
to identify the perpetrators of this violence, whose identity was hidden by masks worn
during the attack on the flotilla. Such information was being sought “with a view to
prosecuting the culpable”.5 As a result of these findings, the Government of Israel is
obliged to end the blockade in all its aspects with a sense of urgency, to cooperate in the
identification of perpetrators of the violence and of the leaders responsible for the
underlying policies so that effective procedures of accountability can be employed and
finally to compensate individuals and surviving family members in appropriate amounts for
the unlawful harm suffered. Moreover, civil society actors that engage in such missions for
genuine humanitarian purposes should be allowed to carry out their work without
interference.
7.
The Rapporteur believes that there are important issues of language that arise from
the cumulative effects of Israeli violations of international humanitarian law, human rights
law and criminal law. It becomes misleading to treat these violations as distinct behavioural
1
2
3
4
5
4
At the time of the submission of this report, there is still outstanding the report and recommendations
of the Panel of Inquiry into the flotilla incident established by the Secretary-General and the Turkel
Commission formed by the Government of Israel.
Ma’an News Agency, “German minister calls on Israel to lift Gaza blockade,” 8 November 2010.
A/HRC/15/21, para. 264.
Ibid., para. 265.
Ibid., para. 267.
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