A/HRC/25/67
sustain indefinitely an oppressive occupation containing many punitive elements also seems
designed to encourage residents to leave Palestine, which is consistent with the apparent
annexationist, colonialist and ethnic-cleansing goals of Israel, especially in relation to the
West Bank, including East Jerusalem.
5.
Corporate responsibility. Recent reports have underscored the potential implications
for corporations and financial institutions that engage with and profit from Israeli
settlements. The establishment and continued development of settlements is in violation of
article 49(6) of the Fourth Geneva Convention, an assessment reinforced by the
International Court of Justice in its advisory opinion of 2004 on the wall. Such an initiative
has tried at all times to proceed cooperatively with the economic actors involved, and has
acknowledged instances of compliance with international law and relevant United Nations
guidelines and the encouraging recent indication of governmental and European Union
reinforcement of these emergent obligations. This trend also converges with and reinforces
the social mobilization of civil society in a variety of initiatives, especially the growing
boycott, divestment and sanctions campaign.
6.
“Legitimacy war”. In the pursuit of Palestinian rights under circumstances of
prolonged occupation, there is increasing reason to believe that despite the authority of
international law and the expressed will of States Members of the United Nations, the
situation is essentially frozen, if not regressing. In addition, Palestinians seem increasingly
disillusioned with armed resistance and with traditional intergovernmental diplomacy.
Palestinian hopes for the realization of their fundamental rights have now shifted to
engagement in a “legitimacy war”, which involves a worldwide struggle to gain control
over the debate about legal entitlements and moral proprieties in the conflict supported by a
global solidarity movement that has begun to sway public opinion. The United Nations has
a crucial role to play in this process by lending support to Palestinian claims of rights and
providing assessments of associated grievances resulting from the violation by Israel of
international humanitarian law and international human rights principles and standards.
7.
Language. The Special Rapporteur believes that the language used to consider
Palestinian grievances relating to international humanitarian law and international human
rights law in Palestine needs to reflect everyday realities, and not remain beholden to
technical wording and euphemisms that mask human suffering resulting from violations. It
seems therefore appropriate to describe such unlawful impositions on the people resident in
the West Bank by reference to “annexation” and “colonial ambitions” rather than
“occupation”. Whether these impositions constitute “apartheid” is discussed in more detail
below. Such clarifications at the level of language reinforce the contention that it is a matter
of urgency to pursue more concerted efforts within United Nations venues to implement the
rights of the Palestinian people.
8.
Emergency in Gaza. Developments in the region, combined with an unlawful
blockade maintained since mid-2007, has created a serious emergency situation in the Gaza
Strip that threatens the entire population. From the perspective of international law, as
argued in prior reports (A/HRC/20/32), Gaza remains “occupied”, despite the
implementation by Israel of its “disengagement” plan in 2005, due to the control of borders,
airspace and coastal waters, and periodic military incursions. The present situation is dire,
as massive infrastructural failures cause daily hardship for the population, who are also at
risk of epidemics. At the time of writing, with insufficient quantities of fuel reaching Gaza,
electricity is available only for short periods, making it impossible for hospitals to provide
proper treatment for seriously ill patients suffering from cancer and kidney ailments. The
situation is aggravated by persisting tensions between the Palestinian Authority and the
governing authorities in Gaza, and by the breakdown of cooperation along the border with
Egypt. Egyptian security concerns in Sinai have led to greater restrictions at the Rafah
crossing, and to the destruction of the tunnel complex in southern Gaza that had eased some
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