General Assembly
Sixty-fourth session
Item 71 (c) of the provisional agenda*
Promotion and protection of human rights: human
rights situations and reports of special rapporteurs
and representatives
Situation of human rights in the Palestinian territories occupied since 1967
Note by the Secretary-General**
The Secretary-General has the honour to transmit to the members of the General Assembly the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk, submitted in accordance with Human Rights Council resolution 5/1.
Summary
The present report examines the observance of international humanitarian and international human rights standards in the Palestinian territories occupied by Israel since 1967 during the period from December 2008 to July 2009. The report takes note of the continuing unlawful non-cooperation of the Government of Israel with the mandate holder. It pays particular attention to the Gaza Strip after the Israeli military operation "Operation Cast Lead", noting the continuation of the blockade that jeopardizes fundamental human rights, hinders reconstruction and repair of vital civilian infrastructure.
The report reviews alleged war crimes committed during Operation Cast Lead and the issue of accountability. It considers available information regarding attacks on United Nations facilities and the civilian population and provides an analysis of their legal merit. The report comments on the testimony of combat soldiers who took part in Operation Cast Lead, which gives evidence of consistent reliance on loose rules of engagement and widespread destruction of targets that could not be justified from a military or security perspective.
The report discusses the issue of Israeli settlements, noting that recent discussions of a freeze on settlements have been made as political steps and not with reference to Palestinian rights under international humanitarian law. Finally, the report discusses the issue of the continued construction of a wall in the occupied Palestinian territories and Israeli non-compliance with the 2004 advisory opinion of the International Court of Justice, which it considers to be damaging to international law, to the International Court of Justice and to the United Nations generally.
The report ends with recommendations that the General Assembly should request an advisory opinion from the International Court of Justice on the obligations and duties of Member States to cooperate with the Organization and its representatives; that Members of the United Nations should be encouraged to use national means, including courts, with respect to implementing international criminal law as pertains to the occupied Palestinian Territory; that Israeli respect for international law and Palestinian rights should henceforth be an integral element in future peace negotiations; and that consideration should be given to imposing limits on the supply of arms to the parties to the Israel-Palestine conflict.
* A/64/150.
** This report was submitted after the deadline so as to include the most recent developments.