5 April 2024<\/p>\n
Human Rights Council<\/strong><\/p>\n Fifty-fifth session<\/strong><\/p>\n 26 February\u20135 April 2024<\/p>\n Agenda item 2<\/p>\n Annual report of the United Nations High Commissioner The Human Rights Council<\/em>,<\/p>\n Guided<\/em> by the purposes and principles of the Charter of the United Nations,<\/p>\n Recalling<\/em> the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Suppression and Punishment of the Crime of Apartheid and all other relevant conventions, and affirming that these international conventions and human rights instruments are, among others, applicable to and must be respected in the Occupied Palestinian Territory, including East Jerusalem,<\/p>\n Recalling also<\/em> the relevant rules and principles of international law, including international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 (the Fourth Geneva Convention), which is applicable to the Occupied Palestinian Territory, including East Jerusalem,<\/p>\n Recalling further<\/em> the statement of 15 July 1999 and the declarations adopted on 5 December 2001 and 17 December 2014 at the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem,<\/p>\n Recalling<\/em> the relevant resolutions of the Human Rights Council, the General Assembly and the Security Council,<\/p>\n Recalling also <\/em>relevant United Nations reports, including the outcome reports of fact-finding missions and commissions of inquiry, and the important recommendations made therein, and calling upon all duty bearers and United Nations bodies to pursue the implementation of those recommendations,<\/p>\n Recalling further <\/em>the order of the International Court of Justice of 26 January 2024 that indicated provisional measures in the case lodged by South Africa against Israel on the application of the Convention on the Prevention and Punishment of the Crime of Genocide (South Africa v. Israel<\/em>) in relation to the right of the Palestinian people in the Gaza Strip to be protected from all acts within the scope of articles II and III of the Convention,<\/p>\n Recalling<\/em> the assessment of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel that Israel has no intention of ending its occupation and is acting to alter the demography of the Occupied Palestinian Territory through the maintenance of a repressive environment for Palestinians and a favourable environment for Israeli settlers and that it is incrementally annexing the territory,[1]<\/a><\/p>\n Stressing<\/em> the urgency of achieving without delay an end to the Israeli occupation that began in 1967,<\/p>\n Affirming <\/em>the obligation of all parties to respect international humanitarian law and international human rights law,<\/p>\n Reaffirming<\/em> the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation in accordance with international law,<\/p>\n Emphasizing<\/em> the obligation of States to investigate and prosecute grave breaches of the Geneva Conventions of 1949 and other serious violations of international humanitarian law, to end impunity, to uphold their obligations, to ensure respect and to promote international accountability,<\/p>\n Expressing deep concern<\/em> that the sale, diversion and transfers of arms and jet fuel increase the ability of Israel, the occupying Power, to commit serious violations, including attacks against civilians and civilian infrastructures, disregard international law and seriously undermine the enjoyment of human rights,<\/p>\n Regretting<\/em> the lack of progress made in the conduct of domestic investigations in accordance with international law standards, and aware of the existence of numerous legal, procedural and practical obstacles in the Israeli and Palestinian civil and criminal legal systems contributing to the denial of access to justice for Palestinian victims and of their right to an effective judicial remedy,<\/p>\n Noting<\/em> the accession by the State of Palestine to several human rights treaties and the core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute of the International Criminal Court,<\/p>\n Recalling <\/em>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,<\/p>\n Noting in particular<\/em> the Court\u2019s reply, including that the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime are contrary to international law,<\/p>\n Recalling<\/em> that, in the above-mentioned advisory opinion, the International Court of Justice affirmed that Israel is the occupying Power of the Occupied Palestinian Territory, including East Jerusalem, and that Article 51 of the Charter is not applicable to cases where a threat originates from a territory over which Israel exercises control,<\/p>\n Reaffirming<\/em> the principle of the inadmissibility of the acquisition of territory by force and the prohibition of all discriminatory policies and practices, and deeply concerned at the fragmentation of the Occupied Palestinian Territory, including East Jerusalem, through settlement activities and other measures that are tantamount to de facto annexation of Palestinian land,<\/p>\n Gravely concerned<\/em> that long-standing impunity for international law violations has allowed for the recurrence of grave breaches and serious violations without consequence, and stressing the need to ensure accountability for all violations of international humanitarian law \u00a0\u00a0\u00a0\u00a0\u00a0 and international human rights law in order to end impunity, ensure the access of victims to justice and effective remedies, deter further violations, protect civilians and promote peace,<\/p>\n Expressing grave concern<\/em> at reports of serious human rights violations and grave breaches of international humanitarian law, including of possible war crimes and crimes against humanity in the Occupied Palestinian Territory, including East Jerusalem, and all other actions designed to change the legal status, geographical character and demographic composition of the Occupied Palestinian Territory, including East Jerusalem and at the determination on 26 January 2024 by the International Court of Justice that there is a plausible risk of genocide,<\/p>\n Deploring <\/em>the grave consequences of the conflict in and around the Gaza Strip, including the high number of casualties, in particular among Palestinian civilians, including infants, children, women, youth, civil society actors, lawyers, journalists and other media workers, medical personnel, humanitarian aid workers and the highest number of United Nations staff killed anywhere in the world during a conflict, as well as ongoing violations of international law, and calling for full respect for international humanitarian and human rights law and for the principles of legality, distinction, precaution and proportionality,<\/p>\n Appalled <\/em>by the catastrophic humanitarian, socioeconomic and security situation in the Gaza Strip resulting from repeated military operations, prolonged closures and severe economic impediments and movement restrictions, including for humanitarian access, amounting to collective punishment in the form of a blockade, as well as the use of starvation as a method of warfare, which has resulted in famine, and the obstruction of supplies indispensable for the survival of the civilian population, the widespread and wanton destruction of residential areas and critical civilian infrastructure, including refugee camps, United Nations facilities, educational institutions, medical facilities, water, sanitation and telecommunication networks and fuel supplies by Israel, the occupying Power, and the short- and long-term detrimental impact of this situation on human rights,<\/p>\n Expressing grave concern<\/em> at the firing of rockets into Israel,<\/p>\n Stressing <\/em>the need to end immediately the closure of the Gaza Strip and all policies and practices by Israel, in violation of international law, including its obligations as the occupying Power under international humanitarian law,<\/p>\n Stressing also <\/em>the need to end the Israeli policy of closures and the imposition of severe restrictions and checkpoints, several of which have been transformed into structures akin to permanent border crossings, other physical obstacles and a permit regime, which are applied in a discriminatory manner, affecting the Palestinian population only and all of which obstruct the freedom of movement of persons and goods, including medical and humanitarian goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the Territory\u2019s contiguity, violating the human rights of the Palestinian people,<\/p>\n Stressing<\/em> further<\/em> the need for all parties, in conformity with relevant provisions of international humanitarian law, to cooperate fully with the United Nations and other humanitarian agencies and organizations, to allow full, timely, unconditional, unhindered and safe humanitarian access and to ensure access of humanitarian personnel and the delivery of supplies and equipment in order to allow such personnel to efficiently perform their task of assisting affected civilian populations, including refugees and internally displaced persons, and the need for the independence, neutrality and impartiality of humanitarian organizations to be respected and protected in accordance with international law,<\/p>\n Deploring<\/em> all policies and practices whereby Israeli settlers who reside illegally in the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential treatment over the Palestinian population, and deploring also the widespread violations of the human rights of Palestinian civilians, including as a result of recurrent and escalating terror attacks by settlers,<\/p>\n Expressing deep concern<\/em> that thousands of Palestinians, including many children, women, elected members of the Palestinian Legislative Council and human rights defenders, continue to be detained, including under terms of administrative detention, with limited or no judicial recourse, and held in Israeli prisons or detention centres under harsh conditions, including unhygienic conditions, solitary confinement, with restricted access to proper medical care, denial of family visits and denial of due process, which impair their well-being, and appalled by the ill-treatment, harassment and torture of Palestinian prisoners and all reports of inhumane treatment and torture,<\/p>\n Recalling<\/em> the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), and calling for respect for those rules,<\/p>\n Recalling also<\/em> the prohibition under international humanitarian law of individual and mass forcible transfers, and of the deportation of protected persons, from occupied territory, and the prohibition of deportation or transfer by the occupying Power of parts of its own civilian population into the territory it occupies,<\/em><\/p>\n Deploring<\/em> the practice of withholding the bodies of those killed, and calling for the release of the bodies that have not yet been returned to their relatives, in accordance with international humanitarian law and international human rights law,<\/p>\n Recognizing<\/em> the work of Palestinian, Israeli and international civil society actors, lawyers, journalists and other media workers, humanitarian agencies and human rights defenders in documenting and countering violations of international law in the Occupied Palestinian Territory, including East Jerusalem, and deploring the deliberate targeting of protected persons by Israel, the occupying Power,<\/p>\n Expressing deep concern<\/em> that disinformation spread by States and State-sponsored actors, including international media outlets, can accompany serious violations of international law and can have a negative impact on the enjoyment of human rights, in particular in times of armed conflict,<\/p>\n Convinced<\/em> of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilian population and to help the parties to implement the agreements reached, and stressing the importance of Palestinian, Israeli and international non-governmental organizations, which have been instrumental to human rights monitoring, protection and relief efforts undertaken by the international community, and expressing concern about the decision taken by Israel to proscribe, ban or smear certain non-governmental organizations,<\/p>\n 56th meeting In favour<\/em>:<\/strong><\/p>\n Algeria, Bangladesh, Belgium, Brazil, Burundi, Chile, China, C\u00f4te d\u2019Ivoire, Cuba, Eritrea, Finland, Gambia, Ghana, Honduras, Indonesia, Kazakhstan, Kuwait, Kyrgyzstan, Luxembourg, Malaysia, Maldives, Morocco, Qatar, Somalia, South Africa, Sudan, United Arab Emirates, Viet Nam<\/p>\n Against<\/em>:<\/strong><\/p>\n Argentina, Bulgaria, Germany, Malawi, Paraguay, United States of America<\/p>\n Abstaining<\/em>:<\/strong><\/p>\n Albania, Benin, Cameron, Costa Rica, Dominican Republic, France, Georgia, India, Japan, Lithuania, Montenegro, Netherlands (Kingdom of the), Romania]<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/u><\/p>\n <\/a>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 [1]\u00a0 See A\/78\/198, A\/HRC\/50\/21 and A\/HRC\/53\/22.<\/p>\n","protected":false},"excerpt":{"rendered":" 5 April 2024 Human Rights Council Fifty-fifth session 26 February\u20135 April 2024 Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Resolution adopted by the Human Rights Council on 5 April 2024 55\/28.\u00a0\u00a0\u00a0 Human rights situation in the 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\nfor Human Rights and reports of the Office of the
\nHigh Commissioner and the Secretary-General<\/strong><\/p>\nResolution adopted by the Human Rights Council on 5 April 2024<\/strong><\/h3>\n
55\/28.\u00a0\u00a0\u00a0 Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice<\/strong><\/h3>\n
\n
\n5 April 2024<\/em><\/p>\n[Adopted by a recorded vote of 28 to 6, with 13 abstentions. The voting was as follows:<\/h3>\n