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 – Advance unedited version (A/HRC/55/28)

This post has been updated with the new version of the report published on Mar 4, 2024. 

13 February 2024

Advance unedited version: The present report is submitted pursuant to Human Rights Council resolution 52/3. It provides an overview of the implementation of the resolution and developments relevant to the human rights situation in the Occupied Palestinian Territory and the obligation to ensure accountability and justice.

ISSUED BY: Office of the High Commissioner for Human Rights

DELIVERED TO: Human Rights Council, Fifty-fifth session

Conclusions and recommendations

86. The situation in the Occupied Palestinian Territory was already dire prior to 7 October, given a 56-year occupation, a 16-year blockade of Gaza, increasing State and settler-violence against Palestinians in the West Bank as well as long-standing discriminatory systems of control over Palestinians.

87. The shocking attacks by Palestinian armed groups on 7-8 October and the ensuing massive military response by Israel causing unprecedented destruction and suffering of civilians in Gaza have led to an appalling humanitarian crisis. The means and methods of warfare chosen by Israel have led to massive suffering of Palestinians, including through the killing of civilians on a broad scale, extensive repeated displacement, destruction of homes, and the denial of sufficient food and other essentials of life. Clear violations of international humanitarian law, including possible war crimes, have been committed by all parties. Further investigations would be needed to establish whether other crimes under international law have been committed. There must be accountability – on all sides. The entrenched impunity that OHCHR has reported on for many years cannot persist. Justice is a pre-requisite of ending cycles of violence for Palestinians and Israelis to be able to take meaningful steps towards peace.

88. The High Commissioner calls on all parties to the conflict to implement a ceasefire on human rights and humanitarian grounds, to ensure full respect for international law, including international humanitarian and human rights law, and to ensure accountability for violations and abuses.

89. The High Commissioner in particular calls on the Palestinian armed groups in Gaza to:

(a)           repress and punish all violations of international law, including international humanitarian law, committed by their members on and since 7 October;

(b)           to ensure the humane treatment and immediate release of all hostages, and to cease firing of indiscriminate projectiles and co-location of military objectives and civilians with intent to prevent targeting of military objectives.

90. The High Commissioner in particular calls on Israel to:

(a)           Immediately end all practices of collective punishment, including lifting its blockade and closures – and the “complete siege”- of Gaza, and urgently ensure immediate access to humanitarian and commercial goods throughout Gaza, commensurate with the immense humanitarian needs;

(b)           Ensure that Israeli security forces immediately take steps to comply with international humanitarian law in the conduct of hostilities, including through the application of targeting rules and policies that fully comply with the principles of distinction, proportionality and precautions in attack, cessation of use of explosive weapons with wide area effects in populated areas, protection for hospitals and other civilian infrastructure essential for the survival of the civilian population;

(c) Repress and punish all violations of international law, including international humanitarian law, ensure prompt, thorough, independent, impartial and effective investigations into all incidents by Israeli forces that have led to serious violations of international law, including after 7 October, ensure that perpetrators are held accountable and that victims are provided with redress;

(d)           Ensure that all Palestinians forcibly displaced from Gaza are allowed to return to their homes creating safe conditions and fulfil its responsibilities as an occupying Power in this regard;

(e)           Ensure that the rules of engagement of its security forces and their application are fully consistent with international human rights law, including use of firearms in law enforcement activities only in cases of imminent threat of death or serious injury as a measure of last resort, and plan and implement law enforcement operations to minimise the threat to life and serious injury of the protected population;

(f)            Conduct prompt, thorough, independent, impartial and effective investigations into all incidents of use of force by Israeli security forces in the West Bank, including East Jerusalem that have led to the death or injury of Palestinians, and ensure that perpetrators are held accountable and victims provided with redress;

(g)           Immediately end administrative detention and other forms of detention that amount to arbitrary detention and ensure that all detainees are released unless promptly charged and fairly tried applying non-discriminatory laws; and ensure that detention conditions strictly conform with international norms and standards, end all practices that may amount to torture or other ill treatment;

(h)           Urgently revoke the designations against Palestinian human rights and humanitarian organizations as terrorist or unlawful organizations;

(i)            End the 56-year occupation of the Occupied Palestinian Territory, including East Jerusalem as part of a broader process towards achieving equality, justice, democracy, non-discrimination, and the fulfilment of all human rights for all Palestinians.

91. The High Commissioner further calls on Palestinian authorities to protect the rights of all Palestinians without discrimination, including discrimination based on gender, sexual orientation or gender identity, and address effectively all cases of gender-based violence.

92. The High Commissioner further calls on all duty bearers to:

(a)           Immediately end all practices that may amount to torture or ill-treatment, including sexual violence;

(b)           Take immediate steps to prevent, or otherwise repress and punish hate speech and all incitement to hatred and violence;

(c)           Put an end to impunity and conduct prompt, independent, impartial, thorough, effective and transparent investigations into all alleged violations of IHRL and international humanitarian law committed on 7 October and subsequently, including into allegations of crimes under international law; ensure cooperation with international and transnational mechanisms for accountability including the International Criminal Court, and ensure all victims and their families have access to effective remedies, gender-responsive reparation and truth, as well as and including psychological support to victims of sexual violence;

(d)           Take measures to prevent and redress all forms of gender-based violence, including in the domestic sphere, and ensure that perpetrators, including of sexual and gender-based violence, are prosecuted and appropriately sentenced;

(e)           Ensure that the rights to freedom of expression and association are respected and protected and that civil society actors, including women human rights defenders, can conduct their legitimate activities safely, freely and without harassment.

93. The High Commissioner calls on all States and international organizations to:

(a)           Exert their influence to stop violations of international humanitarian law by all parties to the conflict and prevent their further commission, and not to enable such violations;

(b)           To support and ensure sufficient funding for civil society to enable them to respond to the grave humanitarian and human rights situation;

(c)           Encourage Israel to cooperate with OHCHR and to issue its international staff visas, ensuring OHCHR has access throughout Israel and the Occupied Palestinian Territory to monitor and document all violations of international human rights and humanitarian law.