Human rights situation in the OT – CHR resolution 10(XXVI) – CHR report (excerpt)

The Commission on Human Rights,

Mindful of the principles embodied in the Universal Declaration of Human Rights recognizing the inherent dignity and equal and inalienable rights of peoples to justice, freedom and peace,

Recalling resolution I of the International Conference on Human Rights of May 1968 in which the Conference requested the Commission on Human Rights to keep the question of respect for and implementation of human rights in occupied territories under constant review,

Recalling also Security Council resolutions 237 (1967) and 259 (1968) and General Assembly resolution 2252 (ES-V), in which the Council and the Assembly called upon Israel to ensure the safety, welfare and security of the inhabitants of the areas where military operations have taken place and to facilitate the return of those inhabitants who had fled the areas since the outbreak of hostilities, and General Assembly resolutions 2535 B (XXIV), which reaffirmed the inalienable rights of the people of Palestine, and 2546 (XXIV), in which the Assembly expressed its grave concern at the continuing violations of human rights in the territories occupied by Israel and called upon Israel to comply with its obligations under the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949,

Recalling further its resolution 6 (XXV) by which it decided to establish a special working group of experts to investigate allegations concerning Israel’s violations of that Convention,

Bearing in mind that the said Convention is binding upon Israel,

Recalling its resolution 5 B (XXVI) in which it considered violations of the Geneva Conventions of 12 August 1949 as war crimes and an affront to humanity in addition to being crimes,

Gravely concerned about the deteriorating conditions of human rights in the militarily occupied territories in the Middle East,

Gravely disturbed about recent reports of the planned mass deportation of the Palestinian refugees (numbered 300,000) from the occupied Gaza Strip by the Israeli occupying authorities,

Having received and studied the report of the Special Working Group established under resolution 6 (XXV) to investigate allegations concerning Israel’s violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War in the territories militarily occupied by Israel,

1. Notes with dismay the refusal of Israel to co-operate with the above-mentioned Working Group established by the Commission on Human Rights;

2. Endorses the conclusions of the Working Group concerning:

(a) The applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War to all the occupied areas including occupied Jerusalem;

(b) The existence of violations of that Convention in the Israeli occupied territories;

3. Condemns Israel’s refusal to apply that Convention and its violation of the provisions of that Convention, in particular the following violations:

(a) The total or partial destruction of villages and cities in the occupied territories;

(b) The establishment of Israeli settlements in the militarily occupied Arab territories;

(c) The unlawful deportation and expulsion of civilian population;

(d) The coercive acts to compel the civilian population under its military occupation to collaborate with the occupying Power against their will;

(e) The abrogation of the national laws in occupied territories contrary to the Convention and the relevant resolutions of the Security Council and the General Assembly;

(f) All policies and measures of collective punishment;

4. Deplores all policies and actions aiming at the deportation of the Palestinian refugees from the occupied Gaza Strip;

5. Expresses its grave concern over:

(a) The use of means of coercion to extract information and confession in violation of the relevant provisions of the Convention;

(b) The ill-treatment and killing of civilians without provocation;

(c) The detention of people by virtue of administrative orders for periods that are automatically renewed ad infinitum;

(d) The deprivation of those detainees of any guarantee concerning the length of detention and fair trial;

(e) The deprivation of the accused persons of having counsel of their choice, and the prevention of the council, in the cases where a council was chosen, from discharging their duties satisfactorily;

(f) The destruction and usurpation of movable and immovable property;

6. Calls upon Israel once more to observe strictly that Convention in the occupied territories;

7. Further calls upon Israel immediately:

(a) To rescind all measures and to desist forthwith from taking any action prejudicial to the national laws, systems and practices in the occupied territories;

(b) To refrain from establishing settlements in the occupied territories;

(c) To cease immediately from compelling the inhabitants of the occupied territories to collaborate with the Israeli occupying authorities;

(d) To ensure the immediate return of deported and transferred persons to their homes without any formalities the fulfilment of which would render their return impossible;

(e) To refrain from demolishing houses in contravention of the relevant provisions of the Convention;

(f) To restore the property confiscated or otherwise taken from its owners in contravention of the provisions of the Convention;

8. Also calls upon Israel to desist forthwith from deporting the Palestinian civilians from the Gaza Strip;

9. Commends the Special Working Group for its work and decides that the Working Group should continue to investigate and report the Israeli violations of that Cenvention which occur in the militarily occupied Arab territories since the outbreak of hostilities and to examine in particular:

(a) The evidence concerning the cases of torture taking place in the Israeli prisons against prisoners in the occupied territories;

(b) Other cases of violation of the Convention in the occupied territories which it has not yet investigated, including those that took place during the period investigated by the Group;

(c) The establishment of settlements in the occupied territories in contravention of the provisions of the Convention;

10. Calls upon Israel to receive the Special Working Group, to co-operate with and to facilitate its task in carrying out its mandate as specified in the preceding paragraph;

11. Decides to continue to include the question of the violation of human rights in the territories occupied as a result of hostilities in the Middle East as a separate item of priority on the agenda of the Commission’s twenty-seventh session;

12. Requests the Secretary-General to give the widest publicity to the entire report and to report at the twenty-seventh session on the publicity given to it;

13. Further requests the Secretary-General to bring the report of the Special Working Group, together with this resolution, to the attention of the General Assembly, the Security Council and the Economic and Social Council.

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25/ Adopted at the 1079th meeting, on 19 March 1970.  See chap. X, paras. 174-179.

26/ Adopted at the 1082nd meeting, on 23 March 1970.  See chap. XI, paras. 184-198.