HRC 46 Resolutions and Reports Against Israel

In the 46th session of the Human Rights Council, which opened on February 22 and concluded on March 23, 2021, there are more reports and resolutions on Israel than on any other country — see below.

A. Reports on Israel

1. “Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem — Report of the United Nations High Commissioner for Human Rights” (A/HRC/46/22)

  • The report “addresses issues related to accountability for alleged violations of international human rights law and international humanitarian law committed by all relevant duty bearers in the West Bank, including East Jerusalem, and Gaza.”
  • “More than six years after the 2014 escalation of hostilities in Gaza, serious concerns persist over the lack of accountability for suspected violations of international humanitarian law, including allegations of war crimes, perpetrated by all parties to the conflict.”
  • “Impunity remained pervasive for incidents of possible excessive use of force by Israeli security forces outside the context of hostilities, confirming the alarming trend repeatedly highlighted by the Secretary-General and the High Commissioner in the past.”
  • “Many incidents monitored by OHCHR outside the context of hostilities raised serious concerns of excessive use of force by Israeli security forces, in some cases such use may amount to arbitrary deprivation of life, including extrajudicial execution.”
  • “No notable progress has been reported in relation to investigations into allegations of ill-treatment, possibly amounting to torture, in Israeli detention facilities.”
  • In the 15-page and 49 paragraph report, Hamas is mentioned by name zero times. Specific Palestinian individuals or families allegedly killed by Israeli forces are mentioned six times; no Israeli victims of terror are mentioned and only three sentences out of 8,300 words reference Palestinian acts of terror against Israel.
  • When referencing Palestinian casualties, the report fails to differentiate between civilians and combatants–Israel is therefore held responsible for Palestinian deaths irrespective of whether the supposed victims were carrying out terror attacks or militant activities at the time.

 

2. “Human rights in the occupied Syrian Golan” (A/HRC/46/64)

  • Israel has carried out “arbitrary and discriminatory practices in the field of health, including those related to the labour sector, which had led to a severe shortage of health centres, medical clinics and hospitals.”
  • Israel is responsible for “the obliteration of features of Arab culture and the imposition by Israel of its curriculum in schools with the aim of weakening national affiliation and subverting national identity.”
  • Israel has taken actions “to prevent the Syrian Arab population of the occupied Syrian Golan from communicating with their relatives in the Syrian Arab Republic and the imposition of Israeli identity cards.”
  • The report is “concern[ed] about the suffering of the Syrian Arab population of the occupied Syrian Golan due to the systematic and continuous violations of human rights by Israel since 1967.”
  • “Israel must cease practices which contravened the full enjoyment of human rights for the Syrian Arab residents of the occupied Syrian Golan and, in that regard, must refrain from applying repressive measures upon the population.”
  • The report condemns Israel for its “imposition of Israeli citizenship on the Syrian Arab population of the occupied Syrian Golan.”

 

3. “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan–Report of the United Nations High Commissioner for Human Rights” (A/HRC/46/65)

  • “If implemented, annexation of any part of the West Bank would constitute a most serious violation of international law, including the Charter of the United Nations. It would also severely impede the exercise by the Palestinian people of their right to self-determination.”
  • “According to the latest data available from the Central Bureau of Statistics of Israel, there were 220,000 settlers in East Jerusalem as at 31 December 2018 and 441,600 settlers in the rest of the West Bank as at 31 December 2019. For decades, Israel has granted benefits and incentives to settlers, which amounts to the transfer by Israel of its population into the Occupied Palestinian Territory.”
  • “…the planning and licensing subcommittee of the Israeli Civil Administration approved the construction of a lift at the Ibrahimi Mosque (Tomb of the Patriarchs) for the stated reason of facilitating access for persons with disabilities. In addition to being based on an unlawful planning and zoning regime, this decision seizes the municipal planning authority over the ancient site from the Palestinian Hebron Municipality and it will allow the Israeli Civil Administration to expropriate land that belongs to the Islamic Waqf.”
  •  “The establishment and expansion of settlements in the Occupied Palestinian Territory amounts to the transfer by Israel of its population into the Occupied Palestinian Territory, which is prohibited under international humanitarian law. The transfer of an occupying Power’s population to a territory it occupies amounts to a war crime that may engage the individual criminal responsibility of those involved.”

4.  “Implementation of Human Rights Council resolutions S-9/1 and S-12/1” (A/HRC/46/63)

  • Seeks to implement biased 2009 resolution that blamed Israel for “massive violations of the human rights of the Palestinian people” and which created the Goldstone Report
  • Extract: “With the occupation remaining the main driver of human rights violations in the Occupied Palestinian Territory, immediately end all human rights violations and abuses perpetrated against women and girls in the Occupied Palestinian Territory and affecting women disproportionally…”

 

B. Resolutions on Israel

1. “Human rights in the occupied Syrian Golan” (A/HRC/46/L.16)

Extracts:

  • “Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan due to the systematic and continuous violation of their fundamental and human rights by Israel since the Israeli military occupation of 1967.”
  • “Calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly, the Security Council and the Human Rights Council, in particular Security Council resolution 497 (1981), in which the Council decided, inter alia, that the decision of Israel to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect…”
  • “Further calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan…”
  • “Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power…that seek to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law… “

Analysis:

  • The resolution rejects Israel’s annexation of the Golan as illegal and calls upon Israel to cease settlement activity on the Golan and not to infringe the rights of the Syrian residents of the Golan. Also, the resolution contains no praise, completely ignoring Israel’s provision of medical assistance to Syrian citizens in urgent need of medical care not available in Syria.

 

2. “Right of the Palestinian people to self-determination” (A/HRC/46/L.18)

Extracts:

  • “Recalling the conclusion of the International Court of Justice, in its advisory opinion of 9 July 2004, that the right to self-determination of the Palestinian people, which is a right erga omnes, is severely impeded by Israel, the occupying Power, through the construction of the wall in the Occupied Palestinian Territory, including East Jerusalem…”
  • “Considering that the right to self-determination of the Palestinian people is being violated further by Israel through the existence and ongoing expansion of settlements in the Occupied Palestinian Territory, including East Jerusalem…”
  • “Calls upon Israel, the occupying Power, to immediately end its occupation of the Occupied Palestinian Territory, including East Jerusalem…”
  • “Expresses grave concern at the fragmentation and the changes in the demographic composition of the Occupied Palestinian Territory, including East Jerusalem, which are resulting from Israel’s continuing construction and expansion of settlements…”

 

Analysis:

  • The one-sided resolution blames Israeli settlements for lack of Palestinian self-determination, while ignoring Palestinian rejectionism of Israel and terrorism. In addition, it recalls the advisory opinion of the International Court of Justice that Israel’s construction of a security barrier is illegal. Also, the resolution contains no praise.

 

3. “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan” (A/HRC/46/L.30)

Extracts:

  • “Reaffirms that the Israeli settlements established since 1967 in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan are illegal under international law, and constitute a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace, and to economic and social development.”
  • “Demands that Israel, the occupying Power, immediately cease all settlement activities in all the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan…”
  • “Also demands that Israel, the occupying Power, comply fully with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice, including to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory…”
  • “Calls upon business enterprises to take all measures necessary to comply with their responsibilities under the Guiding Principles on Business and Human Rights and relevant international laws and standards with respect to their activities in or in relation to the Israeli settlements and the wall in the Occupied Palestinian Territory, including East Jerusalem…”

 

Analysis:

  • The resolution harshly condemns all Israeli settlement activities and demands “Israel, the occupying Power,” cease such activities.
  • Resolution reiterates the call for discriminatory economic treatment of Israel on account of its settlement policies. The unbalanced text ignores Palestinian terrorism and other violations. It also contains no praise.

 

4. “Human Rights situation in the Occupied Palestinian Territory, including East Jerusalem and the obligation to ensure accountability and justice” (A/HRC/46/L.31)

Extracts:

  • “Expressing grave concern at reports of serious human rights violations and grave breaches of international humanitarian law, including possible war crimes and crimes against humanity, in the Occupied Palestinian Territory, including East Jerusalem…”
  • “Demands that Israel, the occupying Power, withdraw from the Palestinian territory occupied since 1967, including East Jerusalem…”
  • “Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention…are illegal and have no validity.”
  • “Demands that Israel, the occupying Power, cease immediately its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip…”
  • “Deplores the persistent non-cooperation of Israel with the special procedures of the Human Rights Council and other United Nations mechanisms seeking to investigate alleged violations of international law in the Occupied Palestinian Territory, including East Jerusalem, and calls for full cooperation with the Council and all its special procedures, relevant mechanisms and inquiries, and with the Office of the United Nations High Commissioner for Human Rights.”
  • “Calls upon Israel, the occupying Power, to comply immediately with its international law obligations to the protected occupied population, and ensure non-discriminatory access to vaccines for immunization against the coronavirus disease (COVID-19) in the Occupied Palestinian Territory, including East Jerusalem, including in coordination with the Government of the State of Palestine.”
  • 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…”

 

Analysis:

  • This one-sided resolution accuses Israel of “possible war crimes” and condemns it for “excessive use of force” against the Palestinians, while accusing Israel of failing to cooperate with UN investigatory bodies. While the resolution includes a mention of terrorism, it does so in the context of condemning Israel and does not attribute responsibility to Palestinian actors. Similarly, a one-line condemnation of rocket attacks in a six-page resolution fails to attribute responsibility to Hamas or other Palestinian terrorist groups.

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