Human Rights Council Discusses Situation of Human Rights in the OPT – Press Release

AFTERNOON, 3 March 2023

The Human Rights Council this afternoon…started an interactive dialogue on the High Commissioner’s report on the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice.

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The Council then started an interactive dialogue with the High Commissioner on his report on the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice.

Mr. Türk said the situation in the occupied Palestinian territory was a tragedy, above all for the Palestinian people. Over half a century of occupation had led to widening dispossession, deepening deprivation, and recurring and severe violations of their rights, including the right to life. The people of Israel also suffered from this situation: insecurity, pain, loss and fear. They had a right to live in peace, in their State – just as Palestinians did, in a State that was, finally, recognised and viable. 2022 saw both the highest number of Palestinians killed by Israeli Security Forces in the past 17 years, and the highest number of Israelis killed since 2016.

The High Commissioner said his report found that 131 Palestinians were killed by Israeli Security Forces over the past year, including 65 people who were not armed. Since 2017, fewer than 15 per cent of such killings had been investigated. Thirteen Israelis were killed by Palestinians during the period covered by the report, and nine Israelis, including three children, had been killed since then. The blockade of Gaza, which restricted 2 million people, had been in effect for 16 years, with the separation wall dividing thousands of Palestinians. Mr. Türk condemned the violence, saying for it to end, the occupation needed to end.

Israel was not present in the room to take the floor as a country concerned.

State of Palestine, speaking as a country concerned, said the report documented some violations committed by the occupation forces until the end of October last year. The Government led by Netanyahu, which included a number of murderers and criminals, had begun a new escalation against the Palestinian people, against prisoners inside prisons, with attacks on mosques and churches, in addition to taking punitive measures against the Palestinian people, leadership and civil society. Palestine called on the international community to take punitive steps as contained in the Fourth Geneva Convention, and demanded a boycott of the occupying power, its settlements, its settlers, its leaders, and the murderous and fascist government, and not to cooperate with them. Israel was the first violator of the Charter of the United Nations, and continued to violate international humanitarian law and international human rights law.

In the ensuing debate, some speakers said, among other things, that the occupying power had released a reign of terror on the Palestinian people, in which all were victims of Israel’s relentless and inhumane campaign. All flagrant violations of the rights of the Palestinian people were condemned. The report held Israel responsible for serious human rights violations, and documented numerous uses of excessive use of force, including extra-judicial executions, and a continued and pervasive climate of impunity among the Israeli armed forces. The tensions in Israel and the Palestinian territories had led to many casualties: Israelis, like Palestinians, had the right to live in peace and security.

Some speakers said that the right to freedom of expression must be upheld, including in areas under Palestinian Authority control. Strong institutions were necessary for the creation of a Palestinian State. The execution of prisoners in Gaza was condemned by speakers, recalling the international community’s opposition to capital punishment. A number of speakers strongly opposed Israel’s settlement policy, including in East Jerusalem, which fuelled the cycle of violence. Israel should refrain from any practices of collective punishment, which was expressly prohibited by international humanitarian law and was incompatible with several provisions of international human rights law. The only possible solution was the two-State solution, with the creation of a Palestinian State with East Jerusalem as its capital, in line with the 1967 borders, with total sovereignty and independence.

Speaking in the discussion were Qatar on behalf of the Group of Arab States, European Union, Oman on behalf of the Gulf Cooperation Council, Pakistan on behalf of the Organization of Islamic Cooperation, Kuwait, France, Tunisia, Qatar, United Arab Emirates, Liechtenstein, Ireland, Luxembourg, China, Indonesia, Venezuela, Egypt, Iraq, Malaysia, Maldives, Oman, Türkiye, Bangladesh, New Zealand, Jordan, Niger, Senegal, Algeria, Chile, Saudi Arabia, Mauritania, Switzerland, Syria, Yemen, Botswana, Lebanon, Bolivia, Slovenia and Iran.

The next meeting of the Council will be on Monday, 6 March, at 10 a.m., when it will conclude the interactive dialogue with the High Commissioner on his report on the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice.

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Interactive Dialogue on the High Commissioner’s Report on the Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem, and the Obligation to Ensure Accountability and Justice

Report

The Council has before it (A/HRC/52/75) on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice – Report of the United Nations High Commissioner for Human Rights.

Presentation of Report

VOLKER TÜRK, United Nations High Commissioner for Human Rights, said the situation in the occupied Palestinian territory was a tragedy, above all for the Palestinian people. Over half a century of occupation had led to widening dispossession, deepening deprivation and recurring and severe violations of their rights, including the right to life. The people of Israel also suffered from this situation: insecurity, pain, loss and fear. They had a right to live in peace, in their State – just as Palestinians did, in a State that was, finally, recognised and viable. 2022 saw both the highest number of Palestinians killed by Israeli Security Forces in the past 17 years, and the highest number of Israelis killed since 2016. On Sunday night, two Israeli brothers, aged 19 and 21 years old, were killed by a Palestinian in the West Bank town of Huwwara. Hours later, hundreds of Israeli settlers rioted across the area, and one Palestinian man was shot dead and two others were shot and wounded. A third person was stabbed, and a fourth badly beaten. Palestinian homes, shops and dozens of vehicles were set on fire or damaged. The Palestinian Red Crescent said 390 people were wounded in the rampage and three ambulances were attacked.

Mr. Türk said the attack was strongly condemned by the President of Israel, who called it “criminal violence against innocents,” which “harms us as a moral society and a lawful country.” Yet, the Finance Minister publicly called for the town of Huwwara to be “wiped out”, an unfathomable statement of incitement to violence and hostility.

The High Commissioner said the report found that 131 Palestinians were killed by Israeli Security Forces over the past year, including 65 people who were not armed. Since 2017, fewer than 15 per cent of such killings had been investigated. Thirteen Israelis were killed by Palestinians during the period covered by the report, and nine Israelis, including three children, had been killed since then. The blockade of Gaza, which restricted 2 million people had been in effect for 16 years, with the separation wall dividing thousands of Palestinians. During the reporting period, two men were killed by Israeli Security Forces, while trying to cross the wall into Israel.

Mr. Türk condemned the violence, saying for it to end, the occupation needed to end. Recurring recommendations that would make an immediate difference included taking steps to ensure that Israeli Security Forces actions in the West Bank operated within the boundaries set by international human rights law. All sides should adhere to the agreement reached at the Summit in Aqaba on 26 February, and build on the experience of opening to regional solutions. The blockade of Gaza needed to be ended and restrictions eased. Member States should play a role in assisting all parties to find the exit ramp. Within a foreseeable horizon, there needed to be a two-State solution, with an end to the occupation, and mutual recognition of the rights of all Israelis and Palestinians to live in dignity, peace and security.

Statement by Country Concerned

Israel was not in the room to take the floor as a country concerned.

State of Palestine, speaking as a country concerned, said the report documented some violations committed by the occupation forces until the end of October last year, and according to data from the Palestinian Ministry of Health, the number of Palestinian martyrs last year reached 224 in both the Gaza Strip and the West Bank. The Government led by Netanyahu, which included a number of murderers and criminals, had begun a new escalation against the Palestinian people, against prisoners inside prisons, as well as attacks on mosques and churches, in addition to taking punitive measures against the Palestinian people, Palestinian leadership and civil society, following a General Assembly resolution that called upon the International Court of Justice to pronounce upon the occupation. In spite of all this, some still described Israel as a democracy.

Throughout the week, delegations had listened to the speeches of many United Nations officials and State representatives, and most of them did not mention the crimes committed against the Palestinian people. Palestine called on the international community, all international bodies and organizations, and the High States Parties to the Fourth Geneva Convention, to take punitive steps as contained in the Fourth Geneva Convention, and demanded a boycott of the occupying power, its settlements, its settlers, its leaders, and the murderous and fascist government, and not to cooperate with them. Israel was the first violator of the United Nations Charter, and continued to violate international humanitarian law and international human rights law. Law enforcement, justice and remedies could not take place in a world under double standards and politicised punitive action.

Discussion

In the ensuing debate, some speakers said, among other things, that the occupying power had released a reign of terror on the Palestinian people, in which all were victims of Israel’s relentless and inhumane campaign. All flagrant violations of the rights of the Palestinian people were condemned. The report noted the continuing deterioration due to the continuing violence and hostilities of Israel. The report held Israel responsible for serious human rights violations, and documented numerous uses of excessive use of force, including extra-judicial executions, and a continued and pervasive climate of impunity among the Israeli armed forces.

A number of speakers said that the tensions in Israel and the Palestinian territories had led to many casualties: Israelis, like Palestinians, had the right to live in peace and security. The increasing high number of civilian casualties, as a result of actions inter alia by Israeli Security Forces, were condemned. The use of force when unavoidable must be proportionate, speakers urged, to protect life. All parties should cooperate with the international human rights mechanisms, including the Human Rights Council.

Israel’s settlement policy, including in East Jerusalem, which fuelled the cycle of violence, was strongly opposed, and some speakers called on Israel to halt settlement expansion, outposts, evictions, demolitions and forced transfers, collective punishment, and violation of the right to self-determination. Israel’s ruthless intentions towards the Palestinian people were evident, and the international community should uphold its long-standing responsibility to the Palestinian question and the administration of justice. Some speakers called for an immediate end to the illegal settlement policy.

Some speakers said that the right to freedom of expression must be upheld, including in areas under Palestinian Authority control. Strong institutions were necessary for the creation of a Palestinian State. The execution of prisoners in Gaza was condemned by speakers, recalling the international community’s opposition to capital punishment. The international community must bring an end to the killings of civilians and ensure full respect of the relevant international resolutions, including those of the Security Council, making Israel live up to its international obligations in all areas, including those linked to prisoners. As Ramadan and Passover were approaching, the honouring of agreements would be necessary in order to preserve calm.

Israel should refrain from any practices of collective punishment, which was expressly prohibited by international humanitarian law and incompatible with several provisions of international human rights law. Further, there was concern for the undue restrictions of freedoms of expression and association, cases of gender-based violence and discrimination and violence against lesbian, gay, transgender, intersex, queer plus persons as well as about cases of arbitrary detention, torture and ill-treatment. A free and vibrant civil society was vital for democratic discussion.

There was a need for credible investigations into all alleged violations of international law on both sides and cooperation with the United Nations bodies as well as the International Criminal Court. Israel should resume cooperation with the Office of the High Commissioner for Human Rights, and issue visas for all staff. The Palestinian issue was the core of the Middle East issue, and it could not remain unsettled in the long run, indeed, it should be resolved at the earliest possible date. Ending the culture of impunity could be the first step in resolving the ongoing situation, with compensation of victims and their families.

All parties should take necessary steps to bring about a fundamental change in the Gaza Strip, as well as ensuring justice and accountability on both sides, with full and impartial investigations ensuring that perpetrators were brought to justice. All parties continued to suffer in the current situation. One speaker said that the situation of Palestine was not only the most prolonged situation of foreign occupation in the world but also a combination of colonisation, violation of human rights and humanitarian law as well as imposing an apartheid regime on the real proprietors of the occupied territories.

The only possible solution was dialogue and cooperation leading towards the establishment of the two-State solution, with the creation of a Palestinian State with East Jerusalem as its capital, in line with the 1967 borders, with total sovereignty and independence. The international community should shoulder responsibility and take all measures to ensure accountability and justice for all crimes committed against the Palestinian people, and end the racist and unjust Israeli occupation, holding Israel accountable for its actions. Lasting peace could only be achieved through a resumption of negotiations with good faith on both sides. The international community must find the will and moral courage to break the cycle of inaction, put an end to the occupation of Palestinian territories, and make accountable the perpetrators of the crimes against Palestinian people.