A/HRC/43/21
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 40/13
and follows the oral update provided by the United Nations High Commissioner for Human
Rights during the forty-second session of the Council on the progress made in the
implementation of the resolution. 1 It should be read in conjunction with recent relevant
reports of the Secretary-General and the High Commissioner.2
2.
The report covers the period between 1 November 2018 and 30 October 2019 and
addresses issues related to accountability for alleged violations of international human rights
law and international humanitarian law, including in connection with incidents of alleged
excessive use of force in the context of the large-scale protests related to the Great March of
Return along the Gaza-Israel fence and of law enforcement operations in the West Bank and
Gaza by all relevant duty bearers. It takes into account the report and recommendations of
the independent international commission of inquiry on the protests in the Occupied
Palestinian Territory established by the Human Rights Council in its resolution S-28/1. It
provides an update on accountability measures taken in relation to the three escalations of
hostilities in Gaza since 2008. Lastly, it addresses measures linked to the responsibility of
third States to ensure respect for international law.
3.
The information contained in the present report draws mainly upon human rights
monitoring activities conducted by the Office of the United Nations High Commissioner for
Human Rights (OHCHR) in the Occupied Palestinian Territory. It also draws upon
information from governmental sources, other United Nations entities and non-governmental
organizations. OHCHR requested the Government of Israel and the Palestinian National
Authority to provide information, by 15 November 2019, on any accountability measures
adopted during the reporting period in relation to alleged violations of international human
rights and humanitarian law committed in the Occupied Palestinian Territory, in particular
with regard to use of force by their respective security forces that may have led to killings or
injuries. The Palestinian National Authority responded with three submissions dated 14
November 2019. The Government of Israel did not respond. OHCHR also requested the
States Members of the United Nations for information on the steps taken by them as third
States to promote compliance with international law and implement the recommendations
addressed to them. As of 15 November 2019, Cuba and the Syrian Arab Republic had
responded.
II. Violations of international human rights and humanitarian
law in the Occupied Palestinian Territory
4.
Serious violations of international human rights law and international humanitarian
law continued in the Occupied Palestinian Territory, including in the context of large-scale
civilian protests in Gaza. The present section focuses on developments related to possible
excessive use of force in the context of law enforcement operations. The report of the High
Commissioner on the implementation of Human Rights Council resolutions S-9/1 and S12/13 provides an overview of violations of international human rights and humanitarian law
by all duty bearers in the Occupied Palestinian Territory, and the report of the High
Commissioner on the Israeli settlements in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan 4 focuses on the violations of international
humanitarian law governing occupation, in particular in respect of settlement expansion and
its negative impact on the human rights of Palestinians during the same period (1 November
2018–30 October 2019).
1
2
3
4
2
www.un.org/unispal/document/human-rights-commissioners-update-on-the-implementation-ofrecommendations-of-commission-of-inquiry-on-gaza-protests/.
A/HRC/35/19 and Add.1, A/HRC/37/41, A/HRC/40/43 and A/74/468.
A/HRC/43/70.
A/HRC/43/67.
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