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

Year

2020

UN Body

Human Rights Council

Session

43

Session Type

HRC Regular

Agenda Item

2

Country Concerned

Israel

Condemnatory

Yes

Analysis

  • This one-sided text endorses biased UN Fact-Finding Missions and their reports accusing Israel of war crimes, including the most recent Commission of Inquiry on Gaza protests, effectively denying Israel's right to self-defense. It also endorses the politicized proceedings against Israel in the International Criminal Court. At the same time, it ignores Palestinian terrorism and other violations of international law. While some of the language is vague, referring to “all those responsible” for violations and a reference to “all parties,” the resolution is clearly aimed at Israel. Hamas and other Palestinian actors are never mentioned by name.
  • For the second year in a row, the resolution was tabled under Agenda Item 2. Australia noted that some improvements to the text had been made but still voted against the resolution because it was unbalanced and did not meaningfully call for accountability from all parties.

Main Sponsors

Organization of Islamic Cooperation

Vote

Yes - 22, No - 8, Abstain - 17, Absent - 0

Key Praise

None

Key Criticism

  • "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 commissions inquiry, factfinding missions and 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 and independent commissions of inquiry..."
  • "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..."
  • "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..."
  • "Condemns the use of unlawful lethal and other excessive force against civilians, including against civilians with special protected status under international law, who pose no imminent threat to life."

Full Vote

  • Yes22

    • Afghanistan
    • Angola
    • Argentina
    • Armenia
    • Bahrain
    • Bangladesh
    • Burkina Faso
    • Chile
    • Eritrea
    • Indonesia
    • Libya
    • Mauritania
    • Mexico
    • Namibia
    • Nigeria
    • Pakistan
    • Peru
    • Qatar
    • Senegal
    • Somalia
    • Sudan
    • Venezuela
  • No8

    • Australia
    • Austria
    • Brazil
    • Bulgaria
    • Czech Republic
    • Fiji
    • Togo
    • Ukraine
  • Abstain17

    • Bahamas
    • Cameroon
    • Democratic Republic of Congo
    • Denmark
    • Germany
    • India
    • Italy
    • Japan
    • Marshall Islands
    • Nepal
    • Netherlands
    • Philippines
    • Poland
    • South Korea
    • Slovakia
    • Spain
    • Uruguay
  • Absent0