A/HRC/29/52
statements that dehumanize the other side, incite hatred, and only serve to perpetuate
a culture of violence.
85.
The commission calls upon the Government of Israel to conduct a thorough,
transparent, objective and credible review of policies governing military operations
and of law enforcement activities in the context of the occupation, as defined by
political and military decision-makers, to ensure compliance with international
humanitarian law and human rights law, specifically with regard to:
(a)
The use of explosive weapons with wide-area effects in densely populated
areas, including in the vicinity of specifically protected objects;
(b)
The definition of military objectives;
(c)
The tactics of targeting residential buildings;
(d)
The effectiveness of precautionary measures;
(e)
The protection of civilians in the context of the application of the
Hannibal directive;
(f)
Ensuring that the principle of distinction is respected when active
neighbourhoods are declared “sterile combat zones”;
(g)
The use of live ammunition in crowd-control situations.
The review should also examine mechanisms for continuous review of respect for
international humanitarian law and human rights law during military operations and
in the course of law enforcement activities in the context of the occupation.
86.
The commission further calls upon the Government of Israel:
(a)
To ensure that investigations comply with international human rights
standards and that allegations of international crimes, where substantiated, are met
with indictments, prosecutions and convictions, with sentences commensurate to the
crime, and to take all measures necessary to ensure that such investigations will not be
confined to individual soldiers alone, but will also encompass members of the political
and military establishment, including at the senior level, where appropriate;
(b)
To implement all the recommendations contained in the second report of
the Turkel Commission, in particular recommendation No. 2 calling for the enactment
of provisions that impose direct criminal liability on military commanders and civilian
superiors for offenses committed by their subordinates, in line with the doctrine of
command responsibility;
(c)
To grant access to Israel and the Occupied Palestinian Territory for, and
cooperate with, international human rights bodies and non-governmental
organizations concerned with investigating alleged violations of international law by
all duty bearers and any mechanisms established by the Human Rights Council to
follow up on the present report;
(d)
To address structural issues that fuel the conflict and have a negative
impact on a wide range of human rights, including the right to self-determination; in
particular, to lift, immediately and unconditionally, the blockade on Gaza; to cease all
settlement-related activity, including the transfer of Israel’s own population to the
occupied territory; and to implement the advisory opinion rendered on 9 July 2004 by
the International Court of Justice on the legal consequences of the construction of a
wall in the Occupied Palestinian Territory;
(e)
To accede to the Rome Statute.
21
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