RES/40/13 Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem

GE.19-05534(E)



Human Rights Council Fortieth session

25 February–22 March 2019 Agenda item 2

Resolution adopted by the Human Rights Council on 22 March 2019

40/13. Ensuring accountability and justice for all violations of international

law in the Occupied Palestinian Territory, including East Jerusalem

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the relevant rules and principles of international law, including

international humanitarian law and human rights law, in particular the Geneva Convention

relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is

applicable to the Occupied Palestinian Territory, including East Jerusalem,

Recalling also the Universal Declaration of Human Rights and the other human

rights covenants, including the International Covenant on Civil and Political Rights, the

International Covenant on Economic, Social and Cultural Rights and the Convention on the

Rights of the Child,

Recalling further the statement of 15 July 1999 and the declarations adopted on 5

December 2001 and 17 December 2014 at the Conference of High Contracting Parties to

the Fourth Geneva Convention on measures to enforce the Convention in the Occupied

Palestinian Territory, including East Jerusalem, at which the High Contracting Parties

reaffirmed, inter alia, their commitment to uphold their obligation to ensure respect for the

Convention in the Occupied Palestinian Territory, including East Jerusalem,

Recalling its relevant resolutions, including resolutions S-9/1 of 12 January 2009,

19/17 of 22 March 2012, S-21/1 of 23 July 2014 and S-28/1 of 18 May 2018,

Recalling also the advisory opinion rendered on 9 July 2004 by the International

Court of Justice on the legal consequences of the construction of a wall in the Occupied

Palestinian Territory,

Expressing its appreciation to the independent international commission of inquiry

on the protests in the Occupied Palestinian Territory, the independent commission of

inquiry on the 2014 Gaza conflict, and all other relevant United Nations mechanisms, as

well as the treaty bodies and other United Nations bodies, for their reports,

Recognizing the work of Palestinian, Israeli and international civil society actors and

human rights defenders in documenting and countering violations of international law in

the Occupied Palestinian Territory, including East Jerusalem,

United Nations A/HRC/RES/40/13

Affirming the obligation of all parties to respect international humanitarian law and

international human rights law,

Emphasizing the importance of the safety and well-being of all civilians and

reaffirming the obligation to ensure the protection of civilians in armed conflict,

Gravely concerned by reports regarding serious human rights violations and grave

breaches of international humanitarian law, including possible war crimes and crimes

against humanity, including the findings of the independent international commission of

inquiry on the protests in the Occupied Palestinian Territory, of the independent

commission of inquiry on the 2014 Gaza conflict, of the independent international fact-

finding mission to investigate the implications of Israeli settlements on the civil, political,

economic, social and cultural rights of the Palestinian people throughout the Occupied

Palestinian Territory, including East Jerusalem, of the United Nations Fact-Finding Mission

on the Gaza Conflict, and of the boards of inquiry convened by the Secretary-General,

Condemning all violations of human rights and of international humanitarian law,

and appalled at the widespread and unprecedented levels of destruction, death and human

suffering caused in the Occupied Palestinian Territory, including East Jerusalem,

Stressing the urgency of achieving without delay an end to the Israeli occupation

that began in 1967, and affirming that this is necessary in order to uphold human rights and

international law,

Deploring the non-cooperation by Israel with all Human Rights Council fact-finding

missions, the independent commission of inquiry on the 2014 Gaza conflict and the

independent international commission of inquiry on the protests in the Occupied Palestinian

Territory, and the refusal to grant access to and cooperate with international human rights

bodies and a number of United Nations special procedures seeking to investigate alleged

violations of international law in the Occupied Palestinian Territory, including East

Jerusalem,

Regretting the lack of implementation of the recommendations contained in the

reports of the independent commission of inquiry on the 2014 Gaza conflict, 1 the

independent international fact-finding mission to investigate the implications of Israeli

settlements on the civil, political, economic, social and cultural rights of the Palestinian

people throughout the Occupied Palestinian Territory, including East Jerusalem,2 and the

United Nations Fact-Finding Mission on the Gaza Conflict,3 which follows a pattern of lack

of implementation of recommendations made by United Nations mechanisms and bodies,

Alarmed that long-standing systemic impunity for international law violations has

allowed for the recurrence of grave violations without consequence, and stressing the need

to ensure accountability for all violations of international humanitarian law and

international human rights law in order to end impunity, ensure justice, deter further

violations, protect civilians and promote peace,

Regretting the lack of progress in the conduct of domestic investigations in

accordance with international law standards, and aware of the existence of numerous legal,

procedural and practical obstacles in the Israeli civil and criminal legal system contributing

to the denial of access to justice for Palestinian victims and of their right to an effective

judicial remedy,

Emphasizing the need for States to investigate and prosecute grave breaches of the

Geneva Conventions of 1949 and other serious violations of international humanitarian law,

to end impunity, to uphold their obligations to ensure respect and to promote international

accountability,

Noting the accession by the State of Palestine on 2 January 2015 to the Rome Statute

of the International Criminal Court,

1 A/HRC/29/52.

2 A/HRC/22/63.

3 A/HRC/12/48.

Recognizing the importance of the right to life and the right to freedom of peaceful

assembly and association to the full enjoyment of all human rights,

1. Welcomes the report of the independent commission of inquiry on the

protests in the Occupied Palestinian Territory;4

2. Calls upon all duty bearers and United Nations bodies to pursue the

implementation of the recommendations contained in the reports of the independent

international commission of inquiry on the protests in the Occupied Palestinian Territory,

the independent commission of inquiry on the 2014 Gaza conflict, the independent

international fact-finding mission to investigate the implications of Israeli settlements on

the civil, political, economic, social and cultural rights of the Palestinian people throughout

the Occupied Palestinian Territory, including East Jerusalem, and the United Nations Fact-

Finding Mission on the Gaza Conflict, in accordance with their respective mandates;

3. Notes the importance of the work of the independent international

commission of inquiry on the protests in the Occupied Palestinian Territory, the

independent commission of inquiry on the 2014 Gaza conflict, the independent

international fact-finding mission to investigate the implications of Israeli settlements on

the civil, political, economic, social and cultural rights of the Palestinian people throughout

the Occupied Palestinian Territory, including East Jerusalem, and the United Nations Fact-

Finding Mission on the Gaza Conflict, and of the information collected regarding grave

violations in support of future accountability efforts, in particular information on alleged

perpetrators of violations of international law;

4. Emphasizes the need to ensure that all those responsible for violations of

international humanitarian law and international human rights law are held to account

through appropriate, fair and independent national or international criminal justice

mechanisms, and to ensure the provision of effective remedy to all victims, including full

reparations, and stresses the need to pursue practical steps towards these goals to ensure

justice for all victims and to contribute to the prevention of future violations;

5. Stresses that all efforts to end the Israeli-Palestinian conflict should be

grounded in respect for international humanitarian law and international human rights law,

and should ensure credible and comprehensive accountability for all violations of

international law in order to bring about sustainable peace;

6. Calls upon the parties concerned to cooperate fully with the preliminary

examination of the International Criminal Court and with any subsequent investigation that

may be opened;

7. Denounces all acts of intimidation, threats and delegitimization directed at

human rights organizations, civil society actors and human rights defenders involved in

documenting and countering violations of international law and impunity in the Occupied

Palestinian Territory, including East Jerusalem, and calls upon all States to ensure their

protection;

8. Condemns the apparent intentional use of unlawful lethal and other excessive

force by Israel, the occupying Power, against civilians, including against civilians with

special protected status under international law, notably children, journalists, health

workers and persons with disabilities, who pose no imminent threat to life;

9. Calls upon all parties to ensure that future demonstrations remain peaceful

and to abstain from actions that could endanger the lives of civilians;

10. Calls upon all States to promote compliance with international law and all

High Contracting Parties to the Fourth Geneva Convention to respect, and to ensure respect

for, international humanitarian law in the Occupied Palestinian Territory, including East

Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfil

their obligations under articles 146, 147 and 148 of the said Convention with regard to

4 A/HRC/40/74.

penal sanctions, grave breaches and the responsibilities of the High Contracting Parties,

including by ensuring that they do not become involved in internationally unlawful conduct;

11. Requests the United Nations High Commissioner for Human Rights to

strengthen the field presence of the Office of the High Commissioner in the Occupied

Palestinian Territory, particularly in the occupied Gaza Strip, and to deploy the personnel

and expertise necessary to monitor and document the ongoing violations of international

law in the context of large-scale civilian protests in the Occupied Palestinian Territory,

particularly in the occupied Gaza Strip, in accordance with the findings of the independent

international commission of inquiry on the protests in the Occupied Palestinian Territory, to

follow up on the implementation of the recommendations contained in the report of the

commission of inquiry and to provide the Human Rights Council with an oral update at its

forty-second session, and to present a report to the Council at its forty-third session, to be

followed by an interactive dialogue;

12. Decides to remain seized of the matter.

53rd meeting

22 March 2019

[Adopted by a recorded vote of 23 to 8, with 15 abstentions. The voting was as follows:

In favour:

Afghanistan, Angola, Bahrain, Bangladesh, Burkina Faso, Chile, China,

Cuba, Egypt, Eritrea, Iraq, Mexico, Nigeria, Pakistan, Peru, Philippines,

Qatar, Saudi Arabia, Senegal, Somalia, South Africa, Spain, Tunisia

Against:

Australia, Austria, Brazil, Bulgaria, Czechia, Fiji, Hungary, Ukraine

Abstaining:

Argentina, Bahamas, Croatia, Democratic Republic of the Congo, Denmark,

Iceland, India, Italy, Japan, Nepal, Rwanda, Slovakia, Togo, United Kingdom

of Great Britain and Northern Ireland, Uruguay]