Human rights violations/Israeli military attacks/Gaza – HRC 10th session – Resolution

10/19.   Human rights violations emanating from the Israeli military attacks and operations in the Occupied Palestinian Territory

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,

Guided also by the right of the Palestinian people to self-determination and the inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter of the United Nations,

Affirming the applicability of the Fourth Geneva Convention relative to the protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem,

Affirming also the applicability of international human rights law, to the Occupied Palestinian Territory, including East Jerusalem,

Expressing serious concern at the lack of implementation by the occupying power, Israel, of previously adopted resolutions and recommendations of the Council relating to the human rights situation in the Occupied Palestinian Territory, including East Jerusalem,

Condemning all forms of violence against civilians and deploring the loss of human lives in the context of the current situation,

Recognizing that the Israeli military attacks and operations in the Occupied Palestinian Territory have caused severe violations of international humanitarian law and of the human rights of the Palestinian people therein and undermines international efforts towards achieving a just and lasting peace in the region based on the two States solution,

Recognizing also that the Israeli siege imposed on the occupied Gaza Strip, including the closure of border crossings, leads to disastrous humanitarian, economic, and environmental consequences.

1. Demands that the occupying power, Israel, end its occupation of the Palestinian land occupied since 1967, and to respect its commitments within the peace process towards the establishment of the independent sovereign Palestinian State, with East Jerusalem as its capital, living in peace and security with all its neighbours;

2. Strongly condemns the Israeli military attacks and operations in the Occupied Palestinian Territory, particularly the recent ones in the occupied Gaza Strip, which have resulted in the killing and injury of thousands of Palestinians civilians, including a large number of women and children and also condemns the firing of crude rockets on Israeli civilians;

3. Demands that the occupying power, Israel, stop the targeting of civilians and the systematic destruction of the cultural heritage of the Palestinian people, in addition to the destruction of public and private properties, and the targeting of United Nations Facilities, as laid down in the Fourth Geneva Convention;

4. Demands further that Israel, the occupying power, cease immediately all current excavations beneath and around the Al-Aqsa Mosque compound, and refrain from any act that may endanger the structure, or change the nature of the holy sites both Islamic and Christian in the Occupied Palestinian Territory, particularly in and around Jerusalem;

5. Calls for immediate protection of all civilians including an international protection for the Palestinian people in the Occupied Palestinian Territory, in compliance with international human rights and humanitarian law both applicable in the Occupied Palestinian Territory, including East Jerusalem;

6. Also calls for the immediate cessation of all Israeli military attacks and operations throughout the Occupied Palestinian Territory and the firing of crude rockets by Palestinian combatants against southern Israel;

7. Demands that the occupying power, Israel, immediately stop its illegal decision to demolish a large number of Palestinian houses in the East Jerusalem neighbourhood of al-Bustan in the Selwan area, near the Al-Aqsa Mosque, which will be resulting in the displacement of more than 1,500 Palestinian residents of East Jerusalem;

8. Demands that the occupying power, Israel, release Palestinian prisoners and detainees;

9. Calls upon the occupying power, Israel, to lift checkpoints and to open all crossing points and borders in accordance with international agreements;

10. Urges all parties concerned to respect the rules of international human rights and humanitarian law and to refrain from violence against civilian populations;

11. Decides to continue the consideration of this question at its thirteenth session of March 2010.

43rd meeting

26 March 2009

[Adopted by a recorded vote of 35 to 4, with 8 abstentions. The voting was as follows:

In favour: Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Switzerland, Uruguay, Zambia;

Against: Canada, Germany, Italy, Netherlands;

Abstaining: Cameroon, France, Japan, Republic of Korea, Slovakia, Slovenia, Ukraine, United Kingdom of Great Britain and Northern Ireland.]