Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice

Year

2025

UN Body

Human Rights Council

Session

58

Session Type

HRC Regular

Agenda Item

2

Country Concerned

Israel

Condemnatory

Yes

Analysis

  • This resolution strongly condemns Israel for multiple serious violations, makes one-sided demands of Israel, and calls for an arms embargo against Israel. The resolution denies Israel's right to self-defense, repeatedly condemning Israel for various security measures taken to defend its citizens from Palestinian terrorism, including its blockade of Gaza, the West Bank security barrier, and West Bank security checkpoints.
  • The resolution further accuses Israel of various crimes, including using starvation as a method of war, forcibly transferring Palestinians, and inciting genocide in its prosecution of the post-October 7th war in Gaza. In addition, it endorses the July 19, 2024 ICJ advisory opinion against Israel, including the charge that Israel is in violation of the prohibition against apartheid.
  • The resolution accuses Israel of violating the ceasefire while failing to hold Hamas responsible for its unwillingness to reach an agreement for stage 2, thus giving it a free pass. The resolution also deplores the Israeli legislation banning UNRWA.
  • Furthermore, the resolution invites the General Assembly to create another investigative mechanism on Israel which would be duplicative of the Human Rights Council’s perpetual Commission of Inquiry.
  • Although adopted under Item 2 rather than the discriminatory Item 7, this resolution is completely one-sided with no praise for Israel. With the exception of a few lines condemning rocket attacks and the October 7th attack, without naming Hamas or other terrorrist groups, and calling for the release of hostages, the resolution also completely fails to address Palestinian violations.

Main Sponsors

Organization of Islamic Cooperation except Albania

Vote

Yes - 27, No - 4, Abstain - 16, Absent - 0

Key Praise

None

Key Criticism

  • "Demands that Israel, the occupying Power, end its unlawful presence in the Occupied Palestinian Territory, including East Jerusalem, as rapidly as possible…"
  • "Also demands that Israel immediately lift its illegal blockade on the Gaza Strip and all other forms of collective punishment and siege."
  • "Deplores the violation by Israel of the ceasefire agreement and calls for respect for and the full implementation of the agreement…"
  • "Condemns the use of starvation of civilians as a method of warfare in the Gaza Strip…"
  • "Expresses grave concern at statements by Israeli officials amounting to incitement to genocide…"
  • "Welcomes the ongoing investigation by the Office of the Prosecutor of the International Criminal Court into the situation in the Occupied Palestinian Territory…"
  • "Urges all States Parties to the Rome Statute of the International Criminal Court to uphold their international legal obligations to cooperate fully with the International Criminal Court to enforce its arrest warrant against those who have committed war crimes and crimes against humanity."
  • "Deplores the grave violations of multiple peremptory norms by Israel, and calls upon all States to ensure that their arms exports do not contribute to or benefit from this unlawful situation."
  • "Calls upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel, the occupying Power…"
  • "Deplores the persistent non-cooperation of Israel with the special procedures of the Human Rights Council and other United Nations mechanisms…"
  • "Also demands that Israel, the occupying Power, cease all illegal actions in the Occupied Palestinian Territory, including East Jerusalem, including the establishment and expansion of settlements…"
  • "Further demands that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice and demanded by the General Assembly in its resolutions ES-10/13 of 21 October 2003 and ES-10/15 of 20 July 2004…"
  • "Expresses grave concern at the restrictions imposed by Israel that impede the access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian Territory, including East Jerusalem…"
  • "Recalls the conclusion of the International Court of Justice, in its advisory opinion of 19 July 2024, that Israeli legislation and measures targeting Palestinians amount to prohibited discrimination in violation of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination…"
  • "Demands that Israel take immediate measures to prohibit and eradicate all policies and practices of systemic discrimination on the basis, inter alia, of race, religion or ethnic origin, which severely and disproportionately affect the Palestinian population in the Occupied Palestinian Territory, including East Jerusalem…"
  • "Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, including unlawful lethal and other excessive use of force by Israeli occupying forces against Palestinian civilians…"
  • "Deplores the legislation adopted by the Knesset on 28 October 2024, and calls upon Israel, the occupying Power…"
  • "Reiterates its request to the Commission of Inquiry, as mandated by the Human Rights Council in its resolution 55/28 of 5 April 2024, to report on both the direct and the indirect transfer or sale of arms, munitions, parts, components and dual-use items to Israel, the occupying Power, including those that have been used during the Israeli military operation in the Gaza Strip since 7 October 2023, and to analyse the legal consequences of these transfers…"
  • "Invites the General Assembly to consider establishing an ongoing international, impartial and independent mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed by all parties in the Occupied Palestinian Territory, including East Jerusalem, and Israel since 2014…"

Full Vote

  • Yes27

    • Algeria
    • Bangladesh
    • Belgium
    • Bolivia
    • Brazil
    • Chile
    • China
    • Colombia
    • Costa Rica
    • Ivory Coast
    • Cuba
    • Gambia
    • Ghana
    • Iceland
    • Indonesia
    • Kuwait
    • Kyrgyzstan
    • Maldives
    • Mexico
    • Morocco
    • Qatar
    • South Africa
    • Spain
    • Sudan
    • Switzerland
    • Thailand
    • Vietnam
  • No4

    • Czechia
    • Ethiopia
    • Germany
  • Abstain16

    • Albania
    • Benin
    • Bulgaria
    • Burundi
    • Cyprus
    • Democratic Republic of Congo
    • Dominican Republic
    • France
    • Georgia
    • Japan
    • Kenya
    • Malawi
    • Marshall Islands
    • Netherlands
    • South Korea
    • Romania
  • Absent0