oPt

Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem - Report of the United Nations High Commissioner for Human Rights (A/HRC/46/22) (Advance edited version)

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Summary

The present report is submitted pursuant to Human Rights Council resolution 43/3 and provides an overview of the implementation of the resolution, and developments that are of relevance to ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem. The reporting period is from 1 November 2019 to 31 October 2020.

Introduction

  1. The present report is submitted pursuant to Human Rights Council resolution 43/3 and should be read in conjunction with recent relevant reports of the Secretary-General and the United Nations High Commissioner for Human Rights.

  2. In the report, which covers the period between 1 November 2019 and 31 October 2020, the High Commissioner addresses issues related to accountability for alleged violations of international human rights law and international humanitarian law committed by all relevant duty bearers in the West Bank, including East Jerusalem, and Gaza. The High Commissioner also provides an update on measures of accountability taken by all relevant duty bearers in relation to possible violations of international humanitarian law and international human rights law during escalations of hostilities in Gaza since 2008. As requested by the Council in resolution 43/3, in the present report the High Commissioner addresses how parties can fulfil their obligations in implementing the relevant recommendations previously addressed to them, which were reviewed by the High Commissioner in 2017. The High Commissioner also outlines measures to be taken by third States to ensure respect by all parties to the conflict for their obligations under international law in the Occupied Palestinian Territory.

  3. The report draws on information arising from human rights monitoring conducted by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in the Occupied Palestinian Territory, and information from governmental sources, other United Nations entities and non-governmental organizations. OHCHR requested Israel and the State of Palestine to provide information, by 15 November 2020, on any accountability measures adopted during the reporting period in relation to alleged violations of international human rights law and international humanitarian law committed in the Occupied Palestinian Territory, in particular with regard to the use of force by their respective security forces that may have led to death or injury, and on allegations of torture or any other ill-treatment in their detention facilities. The State of Palestine responded on 9 November 2020. Israel did not respond. OHCHR also requested other States Members of the United Nations to provide information on the steps taken by them as third States to promote compliance with international law and implement the recommendations addressed to them. No responses have been provided as at the time of writing the present report.

  4. The human rights situation in the Occupied Palestinian Territory remained dire during the reporting period. Israeli security forces killed 67 Palestinians (64 males and 3 females), including at least 47 civilians of whom 16 were children. In addition, 3,678 Palestinians were injured by Israeli security forces. One Israeli soldier was killed and 90 other Israelis were injured by Palestinians. Many incidents monitored by OHCHR outside the context of hostilities raised serious concerns of excessive use of force by Israeli security forces, in some cases such use may amount to arbitrary deprivation of life, including extrajudicial execution. Continuing lack of respect for international humanitarian law by all parties to the conflict, including in the context of hostilities, remained of concern. The prevailing climate of impunity described in previous reports of the Secretary-General and the High Commissioner persisted.