Objectives

The thematic report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Ms. Francesca Albanese, to the Human Rights Council in March 2025 will be part of a broader investigation into the involvement of business enterprises, including financial institutions such as banks, pension funds, insurance companies, universites, as well as private military and security companies (PMSC) and weapons manufacturers (WM) (hereinafter all together referred to as “private sector”), in the commission of international crimes connected to Israel’s unlawful occupation, racial segregation and apartheid regime in the occupied Palestinian territory (oPt). The report will particularly consider the higher due diligence imposed on the private sector after the start of the International Criminal Court investigation in the situation in Palestine (2014), the provisional measures issued by the International Court of Justice (ICJ) since 26 January 2024, the ICJ’s reminder to states in its order of 30 April 2024 in Nicaragua v Germany, and the ICJ Advisory Opinion of 19 July 2024.

Practices, policies and relationships of private entities in the oPt will be assessed against relevant provisions of international law, including the Arms Trade Treaty and the Guiding Principles of Businesses and Human Rights.

Key questions and types of input/comments sought

Key questions and types of input/comments sought

The Special Rapporteur welcomes contributions from States and other authorities, NHRIs, NGOs and human rights defenders, business enterprises, unions, academics, UN agencies and other stakeholders, on how the private sector is linked to, invests in and contributes to Israel’s unlawful occupation, racial segregation and apartheid regime in the oPt and the military/security industry underpinning it.

The Special Rapporteur would particularly appreciate clarification on the following issues:

1. How has the private sector contributed to establish and maintain Israel’s presence in the oPt since 1967?
2. Which private entities, regardless of nationality, have had the most detrimental impact on the fundamental rights of Palestinian people in the oPt (specify how and which international crimes and violations of international law particularly)?
3. What is the role played by these entities, particularly PMSC and WM, in aiding and abetting violations of international law and potential international crimes in the oPt? In addition, which third country are they affiliated to, if any?
4. To what extent have these private entities carried out or avoided human rights due diligence measures to respect international law and decisions of international courts?
5. Have international mechanisms (e.g. Human Council resolution 55/L.30, OHCHR Database) addressed the potential negative involvement and impact of the private sector in the oPt? If not, why?
6. What measures have been taken to end private entities’ involvement in Israel’s activities in the oPt? Please share any examples of progressive initiatives or actions that have been taken to address or remedy violations of international law connected to private entities impacting Palestinians’ rights in the oPt (this may entail litigations brought forward at both international and domestic levels)?
7. What measures could be taken or can be done differently?
8. Any other relevant information, which would assist the Special Rapporteur in the preparation of the report.