A/HRC/13/55
Government of Israel to speedily compensate [UNRWA] for damage and destruction to its
property and facilities resulting from actions by the Israeli side, including as a result of the
military operations in the Gaza Strip between December 2008 and January 2009”.
53.
In August 2009, the United Nations submitted a claim to Israel for reimbursement
for the losses that the Organization had sustained in seven incidents that had been
investigated by the United Nations Headquarters Board of Inquiry into Certain Incidents
that Occurred in Gaza Strip between 27 December 2008 and 19 January 2009 and for which
the Board had found Israel responsible.16 In January 2010, the Government of Israel made a
payment to the United Nations of $10.5 million in respect of the losses that the
Organization had sustained in the incidents that were investigated by the Board of Inquiry.
F.
Action by Palestinian armed groups
54.
In paragraph 1973 of its report, the Mission addressed two recommendations to
Palestinian Armed Groups.
55.
In paragraph 1973 (a) of its report, the Mission recommended that “Palestinian
armed groups should undertake forthwith to respect international humanitarian law, in
particular by renouncing attacks on Israeli civilians and civilian objects, and take all
feasible precautionary measures to avoid harm to Palestinian civilians during hostilities”.
56.
Indiscriminate rocket and mortar attacks launched by Palestinian armed groups from
Gaza continue to occur.17 OHCHR is unable to confirm whether Palestinian armed groups
have taken “all feasible precautionary measures to avoid harm to Palestinian civilians
during hostilities.”
57.
In paragraph 1973(b) of its report, the Mission recommended that “Palestinian
armed groups who hold Israeli soldier Gilad Shalit in detention should release him on
humanitarian grounds. Pending such release they should recognize his status as prisoner of
war, treat him as such, and allow him ICRC visits”.
58.
At the time of writing, Israeli soldier Gilad Shalit remains in detention, without
being recognized as a prisoner of war and without being allowed contact with the
International Committee of the Red Cross.
G.
Action by responsible Palestinian authorities
59.
The Mission directed three recommendations to responsible Palestinian authorities
in paragraph 1974 of its report.
60.
In paragraph 1974 (a) of its report, the Mission recommended that “the Palestinian
Authority issue clear instructions to security forces under its command to abide by human
rights norms as enshrined in the Palestinian Basic Law and international instruments,
ensure prompt and independent investigations of all allegations of serious human rights
violations by security forces under its control, and end resort to military justice to deal with
cases involving civilians”.
16
17
A/63/855–S/2009/250.
Letters from the Permanent Mission of Israel to the High Commissioner for Human Rights, 9
November 2009, 26 November 2009, 14 December 2009, 5 January 2010, and 12 January 2010.
11
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