A/HRC/4/17
page 6
I. INTRODUCTION
1.
I visited the Occupied Palestinian Territory (OPT) and Israel from 1 to 8 December 2006
in order to collect information and opinions for the writing of this report. In the course of my
mission I visited Jerusalem, Gaza, Jericho, the Jordan Valley, Jenin and Ramallah. While
driving through the West Bank I took the opportunity to visit the villages of Bil’in and
Bir Nabala, which have been seriously affected by the construction of the Wall; and Jiftlik and
Al Aqaba, villages that illustrate the problems experienced in the Jordan Valley. Journeying
through the West Bank inevitably exposes one to some of the worst features of life in the area:
the Wall, Palestinian roads, checkpoints (both fixed and flying) and settlements. In Gaza, I
visited Beit Hanoun, Beit Lahia, Jabalia, Gaza City and Deir el Balah.
2.
During my visit I met with a wide range of persons - Palestinians, Israelis, foreign
diplomats and United Nations officials. In Jerusalem, I attended two conferences: one on torture
organized by the Public Committee Against Torture in Israel and Amnesty International; and the
other on terrorism and human rights organized by the Minerva Center for Human Rights.
3.
The Government of Israel does not recognize my mandate. Consequently, as in the past,
I had no contact with government officials. This is unfortunate as it denies access to a valuable
source of information and opinion. On the other hand, the Government of Israel facilitates my
visit by providing me with a letter explaining the purpose of my visit to officials and requesting
that they help to facilitate my movements. This has made crossing checkpoints considerably
easier. I am grateful to the Government of Israel for its cooperation.
4.
In the present report the term “Wall” is used instead of “barrier” or “fence”. This term
was carefully and deliberately used by the International Court of Justice in its Advisory Opinion
on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
of 9 July 2004.
5.
At the outset it is necessary to stress the scope and limitations of my mandate. I am
required to report on violations of human rights and international humanitarian law by Israel in
the OPT. This means that it is outside my mandate to report on violations of the human rights of
Israelis by Palestinians, on the violation of human rights by the Palestinian Authority, or on
human rights violations in the OPT not caused by Israel. This does not mean that I am
unconcerned about such human rights violations. In my report I shall refer to the fact that the
firing of Qassam rockets from Gaza into Israel violates international humanitarian law and is
accordingly to be condemned. I shall also make reference to the strike in the West Bank, which
has seriously damaged education and health, and to the increase of crime in the OPT, in the
context of the humanitarian crisis in the OPT occasioned by the withholding of funds from the
Palestinian Authority by Israel. I shall not consider the violation of human rights caused by
Palestinian suicide bombers. Nor shall I consider the violation of human rights caused by the
political conflict between Fatah and Hamas in the OPT. Such matters are of deep concern to me
but my mandate precludes me from examining them.
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