HRC55: Situation of Human Rights in Palestine and Other Occupied Arab Territories

The 55th Session of the Human Rights Council

March 26, 2024

Item 7: General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories

General Debate

By Gilma Villatoro/ GICJ

Executive Summary

On 26 March 2024, the General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories took place, delving into two comprehensive reports addressing the pressing issue of human rights violations in Palestine and other occupied Arab territories. The focal point of the discourse was the examination of the High Commissioner’s report on Israeli settlements in the Occupied Palestinian Territory and the occupied Syrian Golan.

This report meticulously analysed developments spanning from November 2022 to October 2023, underlining a disturbing trend of discrimination, oppression, and violence against Palestinians, exacerbated by the relentless expansion of Israeli settlements. Throughout the reporting period, the action of the Israeli government appeared increasingly aligned with the objectives of the settler movement, posing a significant threat to the rights and sovereignty of Palestinians. Of particular concern were measures aimed at transferring administrative powers over settlements to Israeli civilian officials, potentially paving the way for the annexation of the West Bank in violation of international law.

The escalating expansion of Israeli settlements has led to numerous human rights violations, including the right to self-determination, equality, and non-discrimination for Palestinians. With approximately 700,000 Israeli settlers now residing in the West Bank and East Jerusalem, coupled with a surge in settler violence, the situation has reached a critical juncture, further exacerbating the vulnerability of Palestinian communities. The speaker highlighted the alarming increase in settler attacks and the blurred line between settler violence and state-sponsored aggression, underscoring the urgent need for accountability and justice.

Background

Report on Israeli Settlements in the Occupied Territories 52/35

The report, submitted pursuant to Human Rights Council resolution 52/35, offered an update on the implementation of resolution provisions from 1 November 2022 to 31 October 2023. It highlighted the United Nations High Commissioner for Human Rights' examination of Israeli settlements' advancement in the occupied West Bank, including East Jerusalem, and the resultant displacement of the Palestinian population, which contravenes international law. The report identified settler violence and State violence as significant contributors to the displacement of Palestinians, with incidents escalating following attacks by Palestinian armed groups on 7 October 2023. Various factors exacerbate forcible transfer, including settler violence, forced evictions, demolitions, non-issuance of building permits, land settlement, construction of bypass roads and the wall, restrictions on movement and land access, closure or confiscation of land, and limitations on civil society activities.

Legal Framework and Implications of Settlement Expansion

International human rights law and international humanitarian law are deemed applicable in the occupied territories, including Israel's obligations under international treaties and conventions. Violations of Hague Regulations and the Fourth Geneva Convention by Israel are noted. Settlement Activity and Policy Initiatives: Israel's government has undertaken measures to transfer administrative powers from the military to civilian authorities, aligning policies with settler movement objectives. Creating the "Additional Minister" position to oversee West Bank governance raises concerns about annexation facilitation. The report highlighted the responsibilities of the Settlement Administration unit and the delegation of settlement planning approval authority.

It was found that settlement expansion could lead to the annexation of the West Bank, breaching international law and institutionalising discrimination against Palestinians. Statistics revealed a substantial Israeli settler population in the West Bank and East Jerusalem, with expansions of existing settlements and construction of new housing units. The illegality of Israeli settlements under international law is emphasised alongside the proliferation of settler outposts and land confiscations.

In the period from 11 October 2023 to 31 October 2023, a surge in settler violence against Palestinians in the West Bank, particularly during the olive harvest season, was witnessed. This report documented incidents of violence, including attacks on Palestinian villages and herding communities, forced evictions, demolitions, and non-issuance of building permits, highlighting the complicity of Israeli authorities and the lack of accountability for perpetrators. Masked Israeli settlers, armed with rifles and pistols, attacked the town of Qusra, resulting in injuries and fatalities among Palestinians, including a six-year-old child. Subsequent settler attacks during the olive harvest season targeted Palestinian farmers, resulting in injuries, property damage, and the theft or poisoning of olive harvests.

Additionally, the Israeli government's promotion of settlement expansions coincided with waves of settler violence, contributing to a coercive environment aimed at expanding effective Israeli control in Area C. Senior government officials openly supported settler initiatives, encouraging further settlement expansion and violence against Palestinians. Plans for thousands of housing units in Israeli settlements were advanced, accompanied by retroactive regularisation of outposts adjacent to existing settlements. Complicity of Israeli Security Forces: Israeli security forces were reportedly present during settler attacks and sometimes collaborated with settlers, escorting them during violent incursions into Palestinian communities. Despite evidence of collaboration and violence, indictments and convictions of perpetrators remained low, perpetuating a climate of impunity. Palestinian victims often refrained from filing complaints due to a lack of faith in Israeli authorities and fear of retaliation.

Israeli authorities continued to implement eviction and demolition orders against Palestinians, primarily in Area C and East Jerusalem, based on discriminatory planning policies. Palestinians faced immense difficulty in obtaining building permits, with a rejection rate of over 90%, leading to a high number of demolitions and displacements. Self-demolitions by Palestinian homeowners to avoid fines and charges imposed by Israeli authorities exemplified the coercive environment Palestinians endured. In occupied East Jerusalem, Israeli authorities advanced the process of settlement of land titles, aiming to establish definitive land ownership registration. This process, initiated in numerous blocks, appears to have increased Israelis’ control over additional territory and facilitated settlement expansion.

The Syrian Golan

The Israeli plan to double the settler population in the Syrian Golan by 2027 is ongoing, with an increase in both the number of Israeli settlements and the size of the settler population. Currently, Israeli settlers are distributed among 35 different settlements. Alongside settlement expansion, commercial activity such as the construction of wind turbines was approved, raising concerns about potential health effects and worsening the human rights situation for the Syrian population. The project also threatened the right to adequate housing, potentially leading to further displacement of the Druze community. Work on the wind turbine project began on 20 June 2023, near Majdal Shams and Mas’adah, with Israel Police providing onsite protection for the Israeli Energix company. Clashes ensued between Syrian protesters and police officers, resulting in minor injuries to three protesters and three police officers. Consequently, by July 2023, the Prime Minister of Israel postponed the project due to opposition from Arab villagers.

Implementation of Human Rights Council Resolution 52/33

The second report discussed was submitted pursuant to the Human Rights Council resolution 52/33, underscoring the imperative for Israel, as the occupying Power, to adhere to relevant resolutions of the General Assembly, the Security Council, and the Human Rights Council regarding the occupied Syrian Golan. In particular, Security Council resolution 497 (1981) unequivocally deemed Israel's imposition of its laws, jurisdiction, and administration over the occupied Syrian Golan null and void, demanding the immediate rescission of this decision. The Council, in its resolution 52/33, also urged Israel to halt changes to the physical character, demographic composition, institutional structure, and legal status of the occupied Syrian Golan.

It emphasised the right of displaced persons from the region to return to their homes and reclaim their property, mandating a report from the Secretary-General on this matter at the fifty-fifth session. Replies received in the report included the Syrian Arab Republic. The Permanent Mission of Syria responded on 14 December 2023, highlighting Israel's systematic violation of human rights in the occupied Syrian Golan since 1967. It condemned Israel's persistent defiance of UN resolutions and international law, facilitated by the protection of certain Security Council members, notably the United States.

Syria denounced the illegal declaration by the former US President recognising Israeli sovereignty over the occupied Syrian Golan, calling it a violation of international law and the UN Charter. It urged the international community to assume responsibility for countering such actions. Moreover, the Syrian Arab Republic cited the Non-Aligned Movement's condemnation of the US recognition, emphasising the need for the Security Council and the international community to address this violation. It reaffirmed the validity of Security Council resolution 497 (1981) and stressed the detrimental effects of Israel's actions on the region's socio-economic development. The report highlighted Israel's expansionist policies, including settlement projects and land seizures, exacerbating the plight of Syrian residents. They emphasised Israel's discriminatory practices, particularly in agriculture, housing, and healthcare, and called for international intervention to halt these violations.

During the General Debate, several countries participated and expressed their comments and questions to the Council:

Afghanistan

The delegation of Afghanistan expressed cautious acknowledgement of the passing of resolution SC res 2728, albeit considering it belated. They emphasised the urgency of addressing global atrocities, particularly those inflicted upon the Palestinian people, and called for an end to selective attention. The delegation highlighted the dire situation characterised by displacement, detentions, and attacks on essential infrastructure, disproportionately affecting innocent women and children. They stressed the importance of upholding international law as the foundation for lasting peace and called for adherence to the principles of humanitarianism and respect for human rights without exception. Additionally, Afghanistan urged intensified collective efforts to cease hostilities and achieve sustainable peace based on the 1976 borders. Finally, they called upon the international community to fulfil its legal and moral obligations by promptly mobilising and facilitating the delivery of humanitarian aid to those most in need.

Chile, on behalf of Belgium, Brazil, Colombia, Ireland, Luxembourg, Mexico, Slovenia, Spain, and Portugal

Chile expressed deep concern over the dire humanitarian crisis in the Gaza Strip, particularly the suffering endured by civilians, especially women and children. They urged all parties to adhere to international law, including protecting civilians and ensuring humanitarian access. The statement condemned targeting civilians and healthcare facilities, emphasising the need for the full implementation of provisional measures ordered by the International Court of Justice regarding the Genocide Convention. Chile emphasised Israel's obligation to refrain from actions violating international law, particularly those leading to harm and forced displacement in Rafah, while also demanding the immediate and unconditional release of all hostages held by Hamas. The group called for urgent action, including an immediate ceasefire to facilitate aid delivery and restore essential services. They highlighted the crucial role of UNRWA in providing humanitarian aid and stabilising the region, stressing the importance of sustained funding and a thorough investigation into allegations against UNRWA staff involved in terrorist attacks. Finally, they urged all parties to engage in constructive dialogue for a two-state solution under relevant UN resolutions, emphasising the importance of accountability for violations of international law.

Bahrain

Represented by First Secretary Fatima Ibrahim Al-Dosari, Bahrain expressed deep concern over the ongoing conflict in Gaza. They highlighted the Palestinian people's deprivation of their fundamental rights and the severe humanitarian crisis they face, with necessities becoming increasingly scarce. Bahrain recently conducted an airborne operation to deliver urgent relief supplies to Gaza residents in collaboration with several sisterly countries to alleviate their suffering. Bahrain strongly condemned the extremist and racist statements issued by Israeli government members regarding the displacement of Palestinians from Gaza, the reoccupation of the territory, and the construction of settlements therein. They criticised Israel's approval of approximately 3,500 new settlement units in the West Bank, considering it a violation of international law and a threat to peace and stability in the region. Bahrain welcomed the UN Security Council's decision calling for a ceasefire in Gaza. It urged the international community to fulfil its responsibilities in implementing the resolution to prevent further worsening of the catastrophic humanitarian situation and uphold the principles of international law.

The Arab Group

The Arab Group addressed the significant challenges facing the world today, especially those related to bigotry, racism, discrimination, hate speech, Islamophobia, and religious intolerance. Although these phenomena often masquerade as freedom of speech and democratic practices, they undermine the values of tolerance, respect for others, and diversity. The Arab Group emphasised that one of the most dangerous forms of racial discrimination is manifested in Israel's ongoing colonial occupation of Palestinian land, particularly its continuous plans and efforts to annex large parts of Palestinian territory, dismantle its geographical unity, and alter its demographic composition. The group condemned Israel's racial segregation, represented by Israeli racial supremacy over the Palestinian people, in line with the so-called "Nation-State" law, which denies Palestinians their right to self-determination and the right of return for refugees. They denounced Israel's international crimes against the Palestinian people, which epitomised a 21st-century vision of apartheid, imposing a dual system of rights based on ethnicity and nationality. Israel continues to erect the apartheid wall, which has consumed more than 58% of Palestinian land and property, while seeking to transform the remaining Palestinian land into disjointed cantons with no regional connection to the outside world. The Arab Group welcomed steps taken to address these phenomena, including the resolution titled "Combating Religious Hatred Inciting Discrimination, Hostility, or Violence" and the UN General Assembly's resolution on measures to combat Islamophobia.

Iraq, on behalf of a group of countries ^[1]

The joint statement delivered at the 55th Session of the UN Human Rights Council by the Permanent Mission of the Republic of Iraq on behalf of a group of countries addressed the catastrophic situation of human rights in the Occupied Palestinian Territory. The statement highlighted the alarming continuation of unprecedented aggression in the region, resulting in the martyrdom of over 31,000 civilians, with 70% being women and children and more than 72,000 injuries. Additionally, around two million Palestinians have been forcibly displaced from their homes, constituting a grave breach of International Humanitarian Law and Human Rights Law. The statement strongly condemned the crimes of genocide, crimes against humanity, war crimes, and other atrocities committed by the occupying power against the Palestinian people in Gaza. Urgent calls were made for an immediate and unconditional ceasefire in Gaza and an end to aggression by both the occupying power and armed extremist settlers in various territories. The international community was urged to fulfil its legal and moral responsibilities by mobilising humanitarian aid to alleviate the dire conditions in Gaza. The statement welcomed provisional measures ordered by the International Court of Justice and emphasised their immediate implementation to prevent further acts of genocide. It reiterated its rejection of any attempts to expel or forcibly displace Palestinians from their land, expressed full support for UNRWA, and reaffirmed the Palestinian people's right to self-determination and the establishment of an independent and sovereign state with al Quds Al Sharif as its capital.

Morocco

The Kingdom of Morocco’s representative, on behalf of the delegation, highlighted the dire situation in the Middle East, particularly concerning the Occupied Palestinian Territories. The statement emphasised the urgent need to address the ongoing aggression in Gaza, which had resulted in the loss of thousands of civilian lives and the displacement of millions, with a significant proportion being women and children. The delegation condemned the egregious violations of international humanitarian law and human rights law by the occupying power, including crimes against humanity and war crimes. Morocco reiterated its firm support for the legitimate rights of the Palestinian people, including their right to self-determination and the establishment of an independent state based on the pre-1967 borders, with East Jerusalem as its capital. The delegation underscored the importance of maintaining Item 7 on the council's agenda and called for collective action to support and protect the human rights of all individuals affected by the conflict. Furthermore, Morocco announced a humanitarian initiative to deliver essential food aid to the Palestinian population in Gaza and Jerusalem, demonstrating its commitment to alleviating the suffering of those affected by the crisis. The delegation urged the international community to take immediate action to address the humanitarian crisis in Gaza, including ensuring the smooth delivery of humanitarian aid and facilitating negotiations for a lasting ceasefire and a peaceful resolution.

Qatar

In the statement delivered by the delegation of Qatar, they highlighted the ongoing atrocities and grave violations perpetrated by Israeli occupation forces against the Palestinian people in the occupied territories and Gaza Strip. They emphasised the urgent need for the international community to address these severe human rights violations and ensure an immediate ceasefire in Gaza. Qatar warned against any Israeli attack on the city of Rafah, as it would lead to further humanitarian disasters. They called on the international community to take appropriate measures to prevent such catastrophes and thanked the President for his attention to this urgent matter.

South Africa

In its statement, South Africa welcomed the adoption of Resolution 2728 (2024) by the United Nations Security Council (UNSC) on 25 March 2024, demanding an immediate ceasefire in the Gaza Strip for the Holy Month of Ramadan. They expressed satisfaction with the Council's decision to demand a ceasefire and proposed that it should lead to a lasting, sustainable ceasefire. South Africa urged the UNSC to ensure compliance with the resolution, emphasising its binding nature on the parties involved. During the recent visit to the Rafah crossing, the United Nations Secretary-General (UNSG) conveyed solidarity with the people of Gaza, condemning the ongoing atrocities.

South Africa called on all Council members to act consistently with the mandate of promoting universal respect for human rights and fundamental freedoms. They expressed concern over the Council's failure to address the unfolding atrocities in Gaza unanimously. They highlighted warnings from Special Procedure Mechanisms, including the Special Rapporteur on the Right to Food, regarding the risk of famine in Gaza due to intentional starvation by Israel. They reiterated its recent submission to the International Court of Justice (ICJ) to modify provisional measures based on new information, particularly regarding widespread starvation in Gaza. They emphasised the preventable deaths of Palestinian children due to Israel's actions in violation of the Genocide Convention and the ICJ's order. South Africa urged all parties to the Genocide Convention, including members of the UNSC, to comply with their obligations and support measures to protect Palestinians from acts of genocide, including an arms embargo on Israel. Furthermore, South Africa emphasised the need to end the unlawful Israeli occupation and apartheid practices to ensure the Palestinian people's right to self-determination and end their suffering. They underscored that the current situation requires a comprehensive resolution addressing the root causes of the conflict.

Tunisia

In its statement, Tunisia reiterated its commitment to Item 7 of the agenda, which underscores the commitment to the inalienable and non-negotiable rights of the Palestinian people in the face of systematic repression by the occupying force. Tunisia expressed renewed condemnation of the aggression in Gaza and welcomed the demand for an immediate ceasefire by the Security Council in Resolution 2728. They called for strict adherence to and immediate implementation of the resolution, as well as the removal of all obstacles to the entry of humanitarian aid for the Palestinian people. Tunisia strongly condemned the crimes committed by the occupying forces and settlers in the West Bank and Al-Quds Al-Sharif, including land confiscation, destruction of homes, forced displacement, and illegal settlements. They warned of the catastrophic consequences of these crimes on the entire region. They reiterated their steadfast support for the Palestinian people's struggle against the occupation for their legitimate historical rights, self-determination, and the establishment of their independent state with full sovereignty over their land and capital in Al-Quds Al-Sharif. They called for urgent and decisive action to enforce respect for international decisions, end settlement activities, including in the Golan Heights, and end the occupation of Palestinian and other Arab territories, including the occupied Syrian Golan and Lebanese territories. Tunisia also called for the activation of mechanisms for accountability and justice for all war crimes, genocide, starvation, and forced displacement committed against the Palestinian people. They emphasised the importance of applying international law regarding arms supplies to the occupying force and economic dealings with its settlement companies.

Uganda, on behalf of the Non-Aligned Movement (NAM)

The Non-Aligned Movement (NAM) reaffirmed its longstanding solidarity with the Palestinian people and their just cause, condemning Israel's widespread, flagrant, and systematic violations of human rights and international humanitarian law. NAM strongly condemns Israel's acts of aggression and collective punishment against the Palestinian people, including the killing and injury of tens of thousands of civilians, particularly during the military aggression on the besieged Gaza Strip starting in October 2023. NAM demands an immediate end to this illegal aggression and siege, calling for a ceasefire, scaled-up humanitarian aid, cessation of forced displacement of Palestinians, and cessation of all other illegal Israeli policies and practices. The Movement calls for sustained political, economic, and humanitarian support to assist Palestinians in realising their inalienable rights, including self-determination and freedom in their independent and sovereign State of Palestine, with East Jerusalem as its capital, based on pre-1967 borders and resolution 194 (III) for Palestine refugees. NAM acknowledged and praised the efforts of the United Nations and its agencies, especially UNRWA and the Committee on the Exercise of the Inalienable Rights of the Palestinian People, encouraging continued support. Expressing grave concern, NAM condemned Israel's ongoing settlement policy and related activities in the occupied territories and the occupied Syrian Golan, including settlement expansion, land expropriation, house demolitions, and property confiscation, altering the physical and demographic landscape. NAM underscored the illegality of Israeli settlements and related activities under international law, as confirmed by the General Assembly, the Security Council, and the Human Rights Council, expressing deep concern over UN reports documenting continued human rights violations against Palestinians by Israeli forces. In conclusion, NAM reaffirmed full support for the Government of the State of Palestine in its endeavours to end the occupation and realise the legitimate rights of the Palestinian people.

The United Arab Emirates (UAE)

The United Arab Emirates addressed the Security Council, expressing gratitude for the recent adoption of a resolution calling for an immediate ceasefire in light of the ongoing humanitarian crisis. They reiterated their commitment to the Palestinian cause, emphasising the need for sustained efforts to achieve lasting peace. Reflecting on past contributions, particularly during its non-permanent membership in the Security Council, the United Arab Emirates underscored its steadfast support for delivering vital humanitarian aid to Gaza. Notably, the United Arab Emirates collaborated with international partners to facilitate the shipment of essential supplies to Gaza via a maritime corridor, ensuring timely relief for the most vulnerable segments of society. They also recognised the crucial role UNRWA played in assisting Palestinians and reaffirmed its unwavering support for the agency's mission. Additionally, they condemned Israel's policies of collective punishment and forced displacement of Palestinians, emphasising the importance of upholding international humanitarian law. In conclusion, the United Arad Emirates reiterated its commitment to prioritising humanity and solidarity in addressing the plight of the Palestinian people, emphasising the imperative of compassion and collective action in times of crisis.

Yemen

The Republic of Yemen delivered a statement in which the delegation expressed support for the statements made by the regional groups to which it belongs and extended gratitude to the High Commissioner for the update on the human rights situation in the occupied Palestinian territories. Emphasis was placed on the necessity for the High Commissioner to adopt a firmer stance in condemning the Israeli occupation authorities for their grave violations of human rights in Gaza and the West Bank, which were described as amounting to genocide and war crimes. The delegation called on the international community to impose an unconditional ceasefire, withdraw Israeli occupation forces from the Gaza Strip, ensure the immediate and unrestricted delivery of aid, facilitate the return of internally displaced Palestinians to their previous areas of residence, and provide safe shelters for them under international humanitarian law. Additionally, they underscored the importance of ensuring the operation and full access of the United Nations and international agencies, particularly UNRWA, and continuing funding for UNRWA and civil society organisations working to deliver humanitarian aid amidst the famine and genocide faced by Palestinians in Gaza. Furthermore, they urged for an end to the aggression and the immediate implementation of interim measures imposed by the International Court of Justice on Israel. The statement concluded with expressions of gratitude.

Brazil

The delegation of Brazil also voiced deep concern over the continuous expansion of illegal settlements in the West Bank and the escalating violence against Palestinians by settlers, resulting in further displacement. The report's findings indicated that the Israeli government's policies aimed to integrate the occupied territory into Israel were also troubling to Brazil. They underscored that the expansion of illegal settlements in the Occupied Palestinian Territory and the occupied Syrian Golan violated international law by transferring Israel's civilian population into the occupied territories. Moreover, Brazil emphasised its stance conveyed during the International Court of Justice hearings, highlighting the detrimental impact of Israeli practices such as land confiscation, property destruction, settlement construction, and demographic changes on Palestinian territories. Brazil condemned the discriminatory laws and policies imposed by the Israeli military occupation on Palestinians, stressing that such actions not only hinder peace prospects but also violate various human rights of the Palestinian people. Reiterating its commitment to a two-state solution, Brazil advocated for the establishment of an economically viable Palestinian state alongside Israel, within mutually agreed and internationally recognised borders, encompassing the Gaza Strip, the West Bank, and East Jerusalem as its capital.

The BADIL Resource Center  

The representative welcomed the Special Rapporteur’s report on human rights in the Occupied Palestinian Territories. They highlighted that under the pretext of International Humanitarian Law (IHL), Israel is carrying out illegal evacuations that amount to war crimes, including forcible displacement and ethnic cleansing. Moreover, these actions lead to conditions that result in the destruction of Palestinians in the Gaza Strip. Drawing on the jurisprudence of the International Court of Justice (ICJ), they emphasised that these war crimes, combined with other Israeli practices such as killing internally displaced persons, wanton destruction, and denying Palestinians basic needs, constitute the deliberate destruction of Palestinians. The BADIL Resource Center underscored that facilitating the operations of international organisations, particularly UNRWA, is the responsibility of States. When these operations are obstructed, and UNRWA is defunded, leading to potential harm to the protected Palestinian population, it amounts to complicity in Israeli genocide. They stressed that ending Israeli genocide, its ongoing international crimes, and impunity requires addressing the root causes of the Palestinian question, including decades of forcible displacement, colonisation, and apartheid, through a rights-based decolonisation approach across all of Mandatory Palestine.

The Cairo Institute for Human Rights Studies (CIHRS)

The representative, Mayssa Achek, the institute expressed grave concern over the unfolding catastrophe in Gaza, where an imminent famine threatens lives. Despite urgent warnings, the international community has failed to halt Israel's indiscriminate targeting of civilians, restrictions on humanitarian aid, displacement of communities, and destruction of infrastructure. CIHRS called for an immediate ceasefire in Gaza to facilitate the delivery of essential humanitarian assistance to the civilian population. They also urged for the unconditional release of all civilian hostages held by Hamas and other Palestinian groups in Gaza. Moreover, CIHRS emphasised the importance of ending support for Israeli military operations, including weapons transfers, and urged all UN member states to take positive steps to overcome Israel's obstruction of humanitarian aid to Gaza. Given the possibility of mass starvation, they urged the international community and the Human Rights Council to take immediate and forceful measures to protect the lives of innocent civilians.

Association Ma’onah for Human Rights and Immigration

Ma’onah’s representative, Gada al Rayan, expressed grave concerns regarding the devastating war in Gaza, which has been ongoing since 7 October 2023, with no signs of relenting from Israel's brutal military campaign. As of 22 March 2024, OCHA estimates reveal staggering figures: over 32,000 Palestinians killed, 73,000 injured, and 1.7 million displaced from their homes, with over 70% of the fatalities being women and children, marking it as a genocide against the Palestinian people. The humanitarian situation is dire, as stated by the UN Secretary-General in December, with conditions in Gaza unparalleled in recent history. The occupation has left thousands of Palestinian homes and entire towns in ruins, while civilians are squeezed into increasingly confined spaces, deliberately deprived of humanitarian aid at the borders. Airstrikes on Rafah, a last refuge in Gaza, and the looming threat of a ground invasion have intensified the fear among the 1.5 million sheltering there, leaving Palestinians feeling nowhere is safe. The International Court of Justice (ICJ) has determined that Palestinians face a real threat of genocide by their occupiers. Despite the ICJ's provisional measures two months ago to cease the genocidal campaign, Israel's leadership has refused to lessen its assault and has intensified its genocidal rhetoric. The international community must take decisive action to end this genocide. Excusing such clear and documented displays of collective punishment is unthinkable. Upholding human rights and cherished international values necessitates halting Israel's campaign.

Concluding Remarks

The United Nations Human Rights Council adopted several resolutions on item 7, calling for Israel to be held accountable for war crimes and crimes against humanity committed in Gaza. Drawing upon a framework of international legal instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Geneva Conventions, resolution A/HRC/55/L.30, sponsored by Pakistan on behalf of the Organisation of the Islamic Cooperation, served as a critical response to the dire human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and underscored the urgent need for accountability and justice. The resolution condemned actions by the occupying power that amounted to ethnic cleansing and called for an immediate end to the illegal blockade of the Gaza Strip.

Key actions included a ceasefire in Gaza and a halt to arms sales to Israel; all states were urged to cease the sale, transfer, and diversion of arms, munitions, and military equipment to prevent further violations of international humanitarian law (paragraph 15). The resolution underscored the importance of international cooperation and monitoring to address ongoing human rights violations and achieve a just and sustainable peace in the region.

Various nations voiced their stances on the resolution, with South Africa, Cuba, Chile, and Brazil supporting it, emphasising the importance of accountability and solidarity with Palestine. Advocating for an end to occupation and genocide, they stressed the need for action over mere words. Lastly, the United States – joined by Germany, Argentina, Israel, and Luxembourg – voted against the resolution, expressing concern over the lack of condemnation for Hamas in the wording. Japan, Bulgaria, Netherlands, France, and Finland abstained, citing various concerns, including the need for a balanced approach.

Other resolutions included the reaffirmation of the right of the Palestinian people to self-determination and called for an immediate and unequivocal cessation of the occupation of Palestinian territories. Resolutions A/HRC/55/L.13 and A/HRC/55/L.28 were based on various legal principles, including Article 1 of the International Covenant on Economic, Social and Cultural Rights, Article 55 of the United Nations Charter, as well as many older Council resolutions – further affirming the ultimate right to self-determination without any use of force or threat. Israel’s illegal occupation violated the Rome Statute of 2015 and the IV Geneva Convention, engaging Israel’s international responsibility.

The main actions outlined in the Resolutions aimed to solidify the permanent sovereignty of the Palestinian people over their territory, reaffirm their right to self-determination, immediately and unequivocally cease the occupation of Palestinian territories, and promote peace and security in the region. The unlawful occupation of Palestinian territory significantly undermined the dignity of Palestinians in East Jerusalem and the Syrian Golan Heights. The delegations of Palestine, South Africa, and Cuba called for an end to ethnic cleansing and the appropriation of the Occupied Palestinian Territory, endorsing the actions outlined in the Resolutions and insisting on justice for the Palestinian people. On the other hand, the United States, Paraguay, and Malawi voted against the resolutions, citing Israel’s inherent right to self-defence and the lack of inquiry on the question of illegal occupation.

Geneva International Centre for Justice (GICJ) condemns the establishment and ongoing expansion of settlements in the Occupied Palestinian Territory and the occupied Syrian Golan by Israel. Such actions violate international humanitarian law, specifically the prohibition against transferring civilian populations into occupied territories, as consistently affirmed by the International Court of Justice and other United Nations organs. These transfers constitute war crimes and may result in individual criminal responsibility for those involved. Additionally, the Security Council has repeatedly emphasised the imperative to end Israel's prolonged occupation of Arab territories, including Jerusalem, since 1967. As we enter the fifty-sixth year of Israeli military occupation, settlements in the West Bank continue to expand, perpetuating discrimination against Palestinians and flagrantly violating their rights to self-determination, equality, and non-discrimination. We stand with the Palestinian people and implore the international community to take practical measures and actions to end Israeli colonisation.

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^[1] Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, Bangladesh, Cuba, Democratic People's Republic of Korea (DPRK), Iran, Indonesia, Maldives, Malaysia, South Africa, Venezuela, Colombia, Afghanistan, Pakistan, Eritrea, China