/…
Draft resolution A/HRC/52/L.43: Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice
- Hashmi (Pakistan), introducing the draft resolution on behalf of the States Members of the United Nations that were members of the Organization of Islamic Cooperation, except Albania and Cameroon, said that the text had been submitted under agenda item 2 with a view to securing the Council’s unanimous support for an initiative aimed at holding Israel accountable for its egregious human rights violations and breaches of international law. The preamble recalled principles of international human rights and humanitarian law, reaffirming the principle of the inadmissibility of the acquisition of territory by force and deploring the widespread violations of the human rights of Palestinian civilians. It expressed concern at the fragmentation of the Occupied Palestinian Territory and at the dire situation in the Gaza Strip and stressed the need to end the prolonged blockade immediately. The operative part of the draft resolution called on Israel to withdraw from the Occupied Palestinian Territory and stressed the need for credible, timely and comprehensive accountability measures. It reaffirmed that no State should recognize as lawful any situation that had been created by a serious breach of international law; called for full cooperation by Israel with international human rights mechanisms; demanded the cessation of all illegal actions; urged all States to refrain from transferring arms to the occupying Power when they assessed that such arms might be used to commit serious human rights violations; and urged Member States to provide emergency assistance, including humanitarian relief and development assistance, to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip. His delegation hoped that the draft resolution would be adopted by consensus.
- The President announced that 13 States had joined the sponsors of the draft resolution, the programme budget implications of which had been published on the Council’s extranet.
- Bonnafont (France), making a general statement before the voting, said that tensions in Israel and the Palestinian territories had caused many civilian casualties in recent weeks, and the situation was deteriorating in an alarming manner. France strongly condemned the recent terrorist attacks against Israelis and the murderous violence perpetrated by settlers against Palestinians. His country’s unwavering commitment to the security of Israel was well known. Both Israelis and Palestinians had the right to live in peace and security as citizens whose rights and freedoms were fully recognized. The Government of France recalled the international obligations of Israel, including the need to protect Palestinian civilians in the Occupied Palestinian Territory and to respect the principle of proportionality in the use of force. In accordance with the statement made by the President of the Security Council on 20 February 2023 (S/PRST/2023/1), his Government called on all stakeholders to refrain from any action that perpetuated the cycle of violence. France reiterated its condemnation of the illegal settlement policy. Restoring the political will for a two-State solution that allowed Israel and Palestine to live side by side in peace and security was a matter of urgency. There was no other way to bring just and lasting peace to Israelis and Palestinians. His Government called on the Palestinian Authority to uphold fundamental freedoms, since robust democratic institutions were necessary for the creation of a viable Palestinian State. For all those reasons, his delegation would vote in favour of the draft resolution.
- Taylor (United States of America), making a general statement before the voting, said that the United States believed that Israelis and Palestinians deserved equal measures of freedom, dignity, security and prosperity. There was an urgent need for Israelis and Palestinians to take steps to restore calm, which was important in its own right and also as a means to advance towards a negotiated two-State solution. The draft resolutions submitted at the current session did not serve that goal. While her delegation appreciated the efforts made to consolidate draft resolutions and avoid submitting them under agenda item 7, those efforts, to date, had fallen short of adequately addressing the disproportionate attention that the Council paid to the Israel-Palestine conflict compared to other situations of concern. Her Government was disappointed that States members of the Council continued to single out Israel and was dismayed by the many repetitive and one-sided draft resolutions that were submitted year after year. During the informal consultations on the draft resolution, which had been held separately from those on the draft resolutions submitted under other agenda items, her delegation had expressed several concerns with the text and had reiterated its objection to the open-ended and exceptionally broad mandate of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, established in May 2021. All other country-specific mandates established by the Council required regular reauthorization. The draft resolution under consideration and similar draft resolutions on accountability submitted under agenda item 2 were the appropriate mechanism for reviewing the Commission’s work and ensuring that it operated in accordance with the Council’s normal procedures, which included regular review and mandate reauthorization. The Commission had contributed to a problematic, one-sided and biased approach to the conflict through its open-ended and vaguely defined operations. Her delegation called for a vote on the draft resolution, would vote against it and urged other member States to do the same.
- The President invited the States concerned by the draft resolution to make statements.
- Eilon Shahar (Observer for Israel) said that the draft resolution under consideration was the 100th to target Israel since the Council’s establishment. For the 100th time, the Council was failing Israeli victims of Palestinian terrorism, telling the victims of human rights abuses perpetrated by the Palestinian Authority that their rights did not matter, letting those living under Hamas in Gaza know that the Council did not care, ignoring her country’s requests for a fair and transparent approach to accountability, and attacking and singling out Israel.
- In 2023, Israelis going about their daily lives had been murdered by Palestinian terrorists who had been encouraged, praised and even financially rewarded by the Palestinian Authority. In areas controlled by the Palestinian Authority, Palestinians had been tortured; sexual and gender-based violence was taking place; LGBTIQ+ Palestinians had been forced to flee their homes, often seeking refuge in Israel; and Palestinians had been attacked and killed for taking to the streets to call for an end to corruption. In Gaza, Palestinian residents lived under the brutal control of Hamas, an extremist terrorist organization, which had continued to wage a campaign of repression, practise torture on a widespread scale, attack freedom of expression, use the death penalty and treat Palestinians as human shields.
- Given the situation on the ground, which had been ignored in 99 previous resolutions, the Council should instead be telling victims – of Palestinian terrorists, the Palestinian Authority and Hamas – that their rights did in fact matter. It should stop giving the Palestinian Authority and Hamas a way of denying their accountability and promoting impunity for their own crimes. For the 100th time, the delegation of Israel called on the States members of the Council to vote against a one-sided draft resolution that promoted a politicized agenda and ignored the reality and the rights of many.
- Khraishi (Observer for the State of Palestine) said that, at the Council’s current session, all parties had advocated an international order based on human rights. Prerequisites for achieving that goal were accountability and justice, both of which had been rejected by the occupying Power for some 65 years. They had also been rejected by the United States, whose delegation had called on Council members to vote against the draft resolution because the United States wanted justice and accountability all over the world except in respect of Palestine and Israel. Such logic was distorted and would only contribute to the spread of lawlessness. Either genuine efforts would be made to ensure respect for international human rights law, international law in general and accountability worldwide, with no exceptions, or the Council’s time would continue to be wasted by parties that pretended to be protectors of the law and defenders of human rights.
- A representative of the occupying Power had recently referred to civil society institutions. Yet, as Council members well knew, the previous Israeli Government had regularly branded some Palestinian civil society organizations as terrorist organizations. It was not that representative’s place to lecture his Government about civil protest. Palestine supported civil protest, and any mistakes that were made were addressed by the Government. In light of the events currently unfolding in Israel, that country’s representative should think twice before making such allegations on behalf of a gang led by Mr. Netanyahu and a group of thugs and killers, such as Mr. Smotrich and Mr. Ben-Gvir, whom the Israeli authorities had rewarded by allowing them to form their own militia.
- Recalling also that a group of United Nations special rapporteurs had recently made comments on the situation, he called on those members who were interested in human rights and accountability to vote in favour of the draft resolution.
- Jiang Han (China), speaking in explanation of vote before the voting, said that the continued expansion of settlements in the Occupied Palestinian Territory in recent years had seriously undermined the basic human rights of the Palestinian people. China had always firmly supported the restoration of that people’s legitimate national rights and the establishment of a fully sovereign and independent Palestinian State based on the 1967 borders, with East Jerusalem as its capital. His delegation urged Israel to investigate violations of the human rights of the Palestinian people, hold the perpetrators to account and provide compensation to the victims, and called on Council members to vote in favour of the draft resolution.
- At the request of the representative of the United States of America, a recorded vote was taken.
In favour:
Algeria, Argentina, Bangladesh, Belgium, Benin, Bolivia (Plurinational State of), Chile, China, Costa Rica, Côte d’Ivoire, Cuba, Eritrea, Finland, France, Gabon, Gambia, Germany, Honduras, Kazakhstan, Kyrgyzstan, Lithuania, Luxembourg, Malaysia, Maldives, Mexico, Montenegro, Morocco, Pakistan, Paraguay, Qatar, Romania, Senegal, Somalia, South Africa, Sudan, United Arab Emirates, Uzbekistan, Viet Nam.
Against:
Malawi, United States of America.
Abstaining:
Cameroon, Czechia, Georgia, India, Nepal, Ukraine, United Kingdom of Great Britain and Northern Ireland.
- Draft resolution A/HRC/52/L.43 was adopted by 38 votes to 2, with 7 abstentions.
/…
Document symbol: A/HRC/52/SR.55
Document Type: Summary record, Voting record
Document Sources: Human Rights Council
Country: China, France, Israel, Pakistan, Palestine (State of), United States of America
Subject: Fourth Geneva Convention, Human rights and international humanitarian law, Occupation, Settlements
Publication Date: 03/04/2023
Document Type: Summary record, Voting record
Document Sources: Human Rights Council
Country: China, France, Israel, Pakistan, Palestine (State of), United States of America
Subject: Fourth Geneva Convention, Human rights and international humanitarian law, Occupation, Settlements
Publication Date: 03/04/2023