A/HRC/7/17
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himself and his family, including adequate food, clothing and housing”, freedom from hunger
and the right to food (art. 11) and that everyone has the right to health, have been seriously
infringed. Above all, the Government of Israel has violated the prohibition on collective
punishment of an occupied people contained in article 33 of the Fourth Geneva Convention. The
indiscriminate and excessive use of force against civilians and civilian objects, the destruction of
electricity and water supplies, the bombardment of public buildings, the restrictions on freedom
of movement, the closure of crossings and the consequences that these actions have upon public
health, food, family life and the psychological well-being of the Palestinian people constitute a
gross form of collective punishment.
27. Gaza is no ordinary State upon which other States may freely impose economic sanctions
in order to create a humanitarian crisis or take disproportionate military action that endangers the
civilian population in the name of self-defence. It is an occupied territory in whose well-being all
States have an interest and whose welfare all States are required to promote. According to the
Advisory Opinion of the International Court of Justice, all States parties to the Fourth Geneva
Convention have the obligation “to ensure compliance by Israel with international humanitarian
law as embodied in that Convention”. Israel has violated obligations of an erga omnes character
that are the concern of all States and that all States are required to bring to an end. In the first
instance, Israel, the occupying Power, is obliged to cease its violations of international
humanitarian law. But other States that are a party to the siege of Gaza are likewise in violation
of international humanitarian law and obliged to cease their unlawful actions.
V. HUMAN RIGHTS IN THE WEST BANK AND JERUSALEM
28. It was widely expected that the human rights situation would improve in the West Bank
following the exclusion of Hamas from the Government of the West Bank. This initially
signalled a new rapprochement between Israel and the emergency Government of
President Abbas, under the Prime Ministership of Salam Fayyad. Israel has made some gestures
of rapprochement, such as the release of 779 prisoners (mainly belonging to Fatah), the payment
of some of the tax money due to the Palestinian Authority, the relaxation of travel restrictions in
the Jordan Valley, the granting of amnesty to 178 Fatah militants wanted by Israel and the
promised granting of residence permits in the West Bank to 3,500 Palestinians. Unfortunately,
Israel has not taken steps to dismantle the infrastructure of occupation. On the contrary, it has
maintained and expanded the instruments that most seriously violate human rights - military
incursions, settlements, the separation wall, restrictions on freedom of movement, the
Judaization of Jerusalem and the demolition of houses.
A. Military incursions
29. Military incursions in the West Bank have intensified since June 2007. For instance, in
November the IDF carried out 786 raids in the West Bank in the course of which one person was
killed, 67 injured and 398 arrested;12 public and private properties were damaged; curfews were
12
Palestinian Monitoring Group, Monthly Summary, November 2007.
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