Human rights situation in the OPT, including East Jerusalem, and the obligation to ensure accountability and justice

Distinguished President of the Human Rights Council,
Excellencies,
Colleagues and friends,

I am pleased to present our report under item 2: The human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice  (A/HRC/49/25).

The report addresses issues related to accountability for alleged violations of international human rights law and international humanitarian law committed by relevant actors in the Occupied Palestinian Territory, encompassing the West Bank, including East Jerusalem, and Gaza. The report also documents actions taken against human rights defenders and civil society engaged in documenting violations and advocating accountability.

Excellencies,

The human rights situation in the Occupied Palestinian Territory further deteriorated during the reporting period, between 1 November 2020 and 31 October 2021. This period was marked by a significant increase in violence, including the largest escalation of hostilities between Israel and Palestinian armed groups in Gaza since 2014, which took place from 10 to 21 May last year.

There was also a significant increase in the use of live ammunition by Israeli Security Forces in the West Bank, including East Jerusalem, and intensification of settler-related violence.

These trends contributed to a dramatic rise in the number of Palestinians and Israelis killed and injured. Israeli forces killed 315 Palestinians, and injured 17,597 Palestinians – an almost five-fold increase in comparison to the previous reporting period when Israeli Forces killed 67 and injured a further 3,678. Fourteen Israelis were killed and 824 others were injured by Palestinians in comparison to the previous period, when one Israeli soldier was killed and 90 other Israelis were injured.

Excellencies,

The 10 to 21 May 2021 hostilities in Gaza resulted in substantial civilian casualties and devastating damage to civilian objects and infrastructure. My Office documented several incidents in which Israeli attacks may have violated international humanitarian law principles of distinction, proportionality and feasible precautions.

However, almost ten months later, we are not aware of any criminal investigation of these incidents. Despite information indicating that Israel initiated preliminary examinations into some cases, any findings regarding possible violations have yet not been made public.

Also, we have no information on measures taken by the authorities in the West Bank, or by the de facto authorities in Gaza, to ensure accountability for the indiscriminate firing of rockets towards Israel, in breach of international humanitarian law, or for other possible violations of such law.

Excellencies,

In relation to previous outbreaks of hostilities, serious concerns persist over the lack of accountability for actual or potential violations of international humanitarian law, including alleged war crimes, perpetrated by all parties to the conflict.

We also continue to observe pervasive impunity afforded to members of the Israeli Security Forces for incidents of possible excessive use of force outside the context of hostilities, frequently resulting in potentially unlawful killings, including, in some cases, possible extrajudicial executions.

Over the reporting period, 74 Palestinians were killed by Israeli Security Forces in law enforcement operations, the vast majority in the West Bank, including East Jerusalem. Despite frequent Israeli announcements on the launching of preliminary examinations into such incidents, criminal investigations have not been opened in the vast majority of cases, and details have not been made public. The lack of transparency regarding the opening of investigations and the absence of progress and outcome of investigations by Israeli authorities is a matter of utmost concern.

Similarly, there was no notable progress in investigations into allegations of ill-treatment and torture of Palestinians in Israeli detention facilities.

I call on Israeli authorities to conduct prompt, independent, impartial, thorough, effective and transparent investigations into all alleged violations and abuses of international human rights law and international humanitarian law, including allegations of international crimes, and to ensure effective remedies to victims.

Mr President,

Regarding the accountability of Palestinian authorities, I note that the reporting period was marked by increased violence by Palestinian Security Forces, which may amount to  violations of the right to life and to physical integrity. Some steps were documented in the investigation and prosecution of members of Palestinian Security Forces or of the Gaza de facto authorities’ security forces responsible for alleged excessive use of force and other human rights violations committed against Palestinians. I also note some steps towards accountability for the killing of Palestinian Authority opponent and Palestinian Legislative Council candidate Nizar Banat, with the trial of 14 suspects ongoing.

I call on the Palestinian authorities to strengthen efforts towards accountability.

Excellencies,

Restrictions on freedom of expression, association and peaceful assembly of those who defend human rights and call for accountability escalated to unprecedented levels. On 19 October 2021, the Israeli Minister of Defence designated six Palestinian human rights and humanitarian organizations as “terrorist organizations” under Israel’s Counter-Terrorism Law, and the Israeli military commander in the West Bank declared these and one other organisation ‘unlawful’.

 These designation decisions were based on vague and unsubstantiated allegations; my Office remains unaware of any credible evidence to support these accusations. A number of Member States, notably those providing financial support to these organizations, have also questioned the basis for these decisions. After the end of the reporting period, the Israeli military denied a request by human rights organizations to share the evidence justifying the decisions, citing threats to national security.

These designations and declarations by Israeli authorities raise serious concerns that counter-terrorism legislation and military orders are being used to halt, restrict or criminalise legitimate human rights and humanitarian work, including important work on accountability. These measures, adding to a series of actions undermining civil society organisations working for the human rights of Palestinians, constitute an attack on human rights defenders, and seriously inhibit freedoms of association, opinion and expression and the right to public participation.

I call upon Israel to revoke the designations against Palestinian human rights and humanitarian organisations as terrorist or unlawful organisations, absent sufficient evidentiary basis for them.

Excellencies

My Office will continue monitoring the situation in the Occupied Palestinian Territory, including East Jerusalem, and call for accountability for alleged violations by all relevant duty bearers.

Thank you.