B. Status of the Palestinians under Occupation: 1967-2008

The United Nations reports and resolutions included in this chapter detail Israeli policies and their effects on Palestinian populations in the territories occupied by Israel as a result of the 1967 war.

As part of its post-1967 occupational policy, Israel has placed more than 400,000 people in Jewish-only settlements inside the West Bank, East Jerusalem, and Gaza Strip, an illegal practice under the Fourth Geneva Convention. It was revealed recently that some of these settlements are also illegal under Israeli law. Israeli governments have for years turned a blind eye to the build-up of illegal settlements and used a variety of unofficial and even illegal methods to support them. According to the March 2005 Israeli report on illegal settlements prepared by former Chief State Prosecutor and Attorney Talia Sasson at the request of the state, local authorities disregarded the requirements of the law when they budgeted projects for illegal neighborhoods and settlements to establish mobile homes, connect communities to the waste and electricity infrastructure, and erect kindergartens, etc.

To date, Israel has complied with few of the decisions of the various United Nations bodies aimed at improving living conditions for Pale-stinians inside the Occupied Territories and at ending practices such as the construction and expansion ofJewish-only settlements and the separation barrier.

Additional documents on this subject may be found in: Section 9, Palestinian Intifadas (Uprisings); and Section 7, Israeli-Palestinian Peace Process: 1982-2004.

Document 531: United Nations Security Council Resolution 237, Calling on Israel to Ensure the Safety, Welfare, and Security of the Civil Population (June 14, 1967) [S.C. Res. 237, U.N. SCOR, 1361st mtg., U.N. Doc. S/RES/237 (1967)]. Security Council Resolution 237 calls upon the government of Israel to facilitate the return of those inhabitants who had fled the areas since the outbreak of hostilities.

Document 532: United Nations General Assembly Resolution 2252, Prisoners of War and Humanitarian Assistance to the Palestine Refugees (July 4, 1967) [G.A. Res. 2252, U.N. GAOR, 5th Emergency Sess., Supp. No. 1, at 3-4, U.N. Doc. A/6798 (1967)]. In Resolution 2252, the General Assembly welcomes with great satisfaction Security Council Resolution 237 and notes with gratitude the humanitarian assistance of various (NGOs) organizations in the area.

Document 533: United Nations Security Council Resolution 259, Deploring the Delay in the Implementation of Resolution 237 as a Result of Israel's Imposition of Conditions for Receiving the Special Representative of the Secretary-General (September 27, 1968) [S.C. Res. 259, U.N. SCOR, 1454th mtg., U.N. Doc. S/RES/259 (1968)]. In this resolution, the Security Council expresses frustration with the conditions being set by Israel for receiving a special representative of the Secretary-General and requests the Secretary-General to urgently dispatch a special representative to the Arab territories under military occupation by Israel and to report on the implementation of Security Council Resolution 237.

Document 534: United Nations General Assembly Resolution 2443, Calling upon Israel to Stop Destroying the Homes of the Arab Civilian Population in the Territories Occupied by It (December 19, 1968) [G.A. Res. 2443, U.N. GAOR, 23d Sess., U.N. Doc. A/ RES/2443 (1969)]. In Resolution 2443, the General Assembly calls upon Israel to stop destroying Arab homes in the Occupied Territories, echoing the concerns of other international bodies. It also establishes the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories and instructs it to report to the Secretary-General.

Document 535: United Nations General Assembly Resolution 2546, Concerning Continued Reports of Collective Punishment and Deportation in the Territories Occupied by Israel (December 11, 1969) [G.A. Res. 2546, U.N. GAOR, U.N. Doc. A/RES/2546 (XXIV) (1969)]. In Resolution 2546, the General Assembly reaffirms its previous resolutions relating to the violations of human rights in the Occupied Territories given reports of collective punishments, mass imprisonment, indiscriminate destruction of homes, and other acts of oppression against the civilian population. The General Assembly calls upon the government of Israel to desist from its reported repressive practices and policies and to comply with its obligations under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, the Universal Declaration of Human Rights, and the relevant resolutions adopted by various international organizations.

Document 536: Excerpts from the Report of the Special Working Group of Experts (February 11, 1970) [U.N. ESCOR, Hum. Rts. Comm., 26th Sess., Agenda Item 5, U.N. Doc. E/CN.4/1016/Add.2 (1970)]. This report from the Special Working Group of Experts determines that the Fourth Geneva Convention is applicable to the Occupied Territories.

Document 537: Report of the United Nations Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (October 5, 1970) [U.N. GAOR, 25th Sess., Agenda Item 101, U.N. Doc. A/8089 (1970)]. In its first report, the special committee determines that the state of occupation itself constitutes a violation of human rights. It defines the areas under Israeli occupation as the Golan Heights, the West Bank (including East Jerusalem), the Gaza Strip, and the Sinai Peninsula. The report calls for an independent body to assist in the implementation of the Geneva Convention with the cooperation of concerned states.

Document 538: Response of Israel to the Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (November 2, 1970) [U.N. Doc. A/8164 (1970)]. In this response to the Report of the Committee to Investigate Israeli Practices, the government of Israel accuses the special committee of bias. It defends its practices, stating that its administration is humane, equitable, and constructive. Israel also asserts that the condition of the civilian population in the territories has improved and that the resident population enjoys freedom of movement, as well as satisfactory health care and services.

Document 539: United Nations General Assembly Resolution 2851, Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (December 20, 1971) [G. A. Res. 2851, U.N. GAOR, 26th Sess., at 42-44, U. N. Doc. GA/4548 (1971)]. In Resolution 2851, the General Assembly commends the special committee on its report and calls on the State of Israel to rescind and desist from practices that violate the human rights of the Palestinians.

Document 540: United Nations General Assembly Resolution 3175, Granting Permanent Sovereignty to the Arabs over Natural Resources in the Occupied Territories (December 17, 1973) [G.A. Res. 3175, U.N. GAOR, U.N. Doc. A/RES/3175 (XXVIII) (1973)]. General Assembly Resolution 3175 affirms the right of the Arab states and peoples whose territories were under foreign occupation to permanent sovereignty over all the natural resources in the lands under occupation. It also affirms the right of the Arab states and peoples to full compensation for the exploitation and looting of, and damages to, the natural resources, as well as the exploitation and manipulation of the human resources of the Occupied Territories. A similarly worded resolution has been adopted every year subsequently.

Document 541: United Nations Security Council Resolution 446, DeclaringIsraeli Settlements Are Illegal (March 22, 1979) [S.C. Res. 446, U.N. SCOR, 2134th mtg., U.N. Doc. S/ RES/446 (1979)]. In Resolution 446, the Security Council determines that Israel’s establishment of settlements in the Palestinian and other Arab territories occupied since 1967 has no legal validity and constitutes a serious obstruction to peace in the Middle East. The Security Council calls upon Israel to abide by the Fourth Geneva Convention, to rescind its previous measures, and to desist from taking any action that would result in changing the legal status and geographical nature or demographic composition of the Occupied Territories. The resolution also establishes a commission to examine the situation relating to settlements.

Document 542: United Nations General Assembly Resolution 34/29, Calling on Israel to Rescind the Deportation Order for the Mayor of Nablus (November 16, 1979) [G.A. Res. 34/29, U.N. GAOR, U.N. Doc. A/RES/34/29 (1979)]. Concerned about Israel’s ordered deportation of the mayor of Nablus and the resulting resignation of other mayors of cities and towns in the occupied territory, the General Assembly Resolution 34/29 calls upon Israel to rescind the order.

Document 543: Report of the Security Council Commission Established under Resolution 446 “to Examine the Situation Relating to Settlements in the Arab Territories Occupied since 1967, including.Jerusalem” (December 4, 1979) [U.N. SCOR, U.N. Doc. S/13679 (1979)]. In this report, the Commission Established under Resolution 446 “to examine the situation relating to settlements in the Arab Territories Occupied since 1967, including Jerusalem” characterizes Israel’s policy of non-cooperation with the commission as deplorable and notes that Israel is still pursuing its “colonization” of the Occupied Territories. Given the grave consequences of the settlement program, the commission recommends that the Security Council keep the situation under constant review.

Document544: United Nations Security Council Resolution 465, DeclaringIsraeli Settlements Are Illegal under the Fourth Geneva Convention (March 1, 1980) [S.C. Res. 465, U.N. SCOR, U.N. Doc. S/RES/465 (1980)]. Security Council Resolution 465 reaffirms the illegality of Israeli settlements under the Fourth Geneva Convention and calls upon Israel to cease the establishment, construction, and planning of such settlements. It deplores the decision of Israel to prohibit the travel of Mayor Fahd Qawasmeh in order to appear before the Security Council and requests that Israel permit his free travel to the United Nations headquarters for that purpose. The Security Council further requests that no state provide Israel with assistance in connection with settlements in the Occupied Territories.

Document 545: United Nations Security Council Resolution 468, Calling on Israel to Return Expelled Palestinian Mayors (May 8, 1980) [S.C. Res. 468, U.N. SCOR, U.N. Doc. S/RES/471 (1980)]. The Security Council in Resolution 468 calls upon the State of Israel to rescind measures taken against three Palestinian leaders, the, mayors of Hebron and Halhoul and the sharia judge of Hebron, and to facilitate their immediate return.

Document 546: United Nations Security Council Resolution 471, Deploring that Jewish Settlers Are Allowed to Carry Arms and Deploring Assassination Attempts on Palestinian Mayors (June 5, 1980) [S.C. Res. 471, U.N. SCOR, U.N. Doc. S/RES/471 (1980)]. In Resolution 471, the Security Council expresses deep concern that Jewish settlers in the Occupied Territories are permitted to carry arms. The Security Council calls for the immediate apprehension and prosecution of the perpetrators of related crimes against civilians and condemns the assassination attempts on the lives of the mayors of Nablus, Ramallah, and Al-Bireh.

Document 547: Special Session Resolution ES-7/3, Requesting a Study of Reasons for Israel's Refusal to Comply with Resolutions (July 29, 1980) [U.N. GAOR, U.N. Doc. A/RES/ ES-7/3 (1980)]. General Assembly Special Session Resolution ES-7/3 commends the Committee on the Exercise of the Inalienable Rights of the Palestinian People for its studies on various aspects of the Question of Palestine and requests it to thoroughly study the reasons for the refusal of Israel to comply with relevant United Nations resolutions, particularly the General Assembly resolution demanding the withdrawal of Israel from the Occupied Territories, including Jerusalem.

Document 548: Report of the Secretary-General on the Living Conditions of the Palestinian People in the Occupied Arab Territories (October 17, 1980) [U.N. GAOR, 35th Sess., Agenda Item 61(e), U.N. Doc. A/35/533 (1980)]. This report from United Nations Secretary-General Kurt Waldheim details the social and economic impact of the Israeli occupation on the Palestinian people. In preparing the report, the Secretary-General relied on the services of three experts, who, despite official requests, were not granted permission by the Israeli government to visit the Occupied Territories and so relied largely on secondary sources of information from organizations such as the International Labor Organization, UNESCO, and the World Health Organization. The report details the conditions of trade and investment, land and water, and the social characteristics and employment that affect the quality of life of Arabs in the Occupied Territories. It also examines the impact of Jewish settlements in the Occupied Territories. The report finds that current policies do not ensure the equitable allocation of conventional resources among Israeli settlements and other communities in the Occupied Territories.

Document 549: United Nations Economic and Social Council Resolution 1982/18, Situation of Women and Children in the Occupied Arab Territories (May 4, 1982) [E.S.C. Res. 1982/18, U.N. ESCOR, U.N. Doc. E/RES/1982/18 (1982)]. In Resolution 1982/18, the Economic and Social Council expresses grave concern that Palestinian women continue to be denied their rights in the Occupied Territories, such as the right of return, the right to self determination, and the right to national independence. The council appeals to all women to declare their solidarity with Palestinian women and to aid in securing the release of thousands of prisoners held by Israeli occupying forces. It further appeals to all states and international organizations to extend their support to Palestinian women and requests the United Nations do the same.

Document 550: Report of the Secretary-General on the Living Conditions of the Palestinian People in the Occupied Territories (June 14, 1985) [U.N. GAOR, 40th Sess., U.N. Doc. A/40/373 (1985)]. This report from United Nations Secretary-GeneralJavier Perez de Cuellar on the living conditions of the Palestinian people in the Occupied Territories describes the state of the economy and obstacles to growth. The Secretary-General notes Israel’s seizure of portions of land and water resources, hampering local agricultural development as well as inhibiting opportunities to obtain funds and technical support to modernize operations.

Document 551: United Nations Security Council Resolution 592, Deploring the Killing and Wounding of Students at Birzeit University (December 8, 1986) [S.C. Res. 592, U.N. SCOR, 2727th mtg., U.N. Doc. S/RES/592 (1986)]. In Resolution 592, the Security Council strongly deplores the Israeli army’s opening fire at Birzeit University, which resulted in the death and wounding of students. It calls upon Israel to release any person or persons detained as a result of recent events at the university.

Document552: Report on the Human Rights Situation in the Palestinian Territories Occupied since 1967, Submitted by Mr. Rene Felber, Special Rapporteur, Pursuant to Commission on Human Rights Resolution 1993/2 A January 28, 1994) [U.N. ESCOR, Comm. on Hum. Rts., 50th Sess., U.N. Doc. E/CN.4/1994/14 (1994)]. This report from the special rapporteur, Mr. Rene Felber, summarizes the fundamental human rights concerns within the Occupied Territories since the signing of the Declaration of Principles on Interim Self-Government Arrangements in September of 1993 (Oslo Accords). The special rapporteur notes the decline of the standard of living during more than twenty-five years of occupation. Condemning the violent behavior on both sides and insisting on a review of conditions, the Special Rapporteur concedes that the report is only preliminary.

Document 553: Cairo Agreement between Israel and PLO (March 4, 1994) [reprinted in The Israel-Arab Reader: A Documentary History of the Middle East Conflict (Walter Laqueur & Barry Rubin eds., 2001)]. Following the Oslo Accords, the Cairo Agreement initiates steps towards greater autonomy of Palestinians in Gaza and the Jericho region. It specifies withdrawal of Israeli military forces from the regions and settles on the terms of the transfer of civil and military authority to the Palestinian Authority.

Document 554: Report on the Human Rights Situation in the Palestinian Territories Occupied since 1967, Submitted by Mr. Rene Felber, Special Rapporteur, Pursuant to Commission on Human Rights Resolution 1993/2 A (December 13, 1994) [U.N. ESCOR, 51st Sess., Agenda Item 4, U.N. Doc. E/CN.4/1995/19 (1994)]. This report by the special rapporteur, Mr. Rene Felber, submitted subsequent to his twelve-day visit to the area, considers the consequences of the Israeli policy of collective punishment on the daily lives of Palestinians as well as the situation of prisoners in the military detention camp at Ketziot. It focuses on Israel’s confiscation of Palestinian land and the situation in Gaza. The special rapporteur acknowledges that the General Assembly and the commission have not been successful in enforcing human rights in the Occupied Territories through the reporting of facts and concludes that only states are in a position to influence the government of Israel.

Document555: ReportoftheSecretary-GeneralontheSituation ofandAssistanceto Palestinian Women (March 13, 1995) [U.N. ESCOR, 39th Sess., U.N. Doc. E/CN.6/1995/8 (1995)]. In this report, submitted pursuant to the request of the Commission on the Status of Women, United Nations Secretary-General Boutros Boutros-Ghali notes the emergence of Palestinian women’s organizations and committees in the sphere of self-governance as well as a new “feminist consciousness” as a result of women’s increased involvement in political demonstrations and social reform. The report documents a rise in the number of female students and the growing number of women in leadership positions; however, it also expresses concern over the prevalence of political and domestic violence in the lives of women and children in the Occupied Territories. The report calls for support for Palestinian women working to achieve equal rights.

Document 556: Report on the Situation of Human Rights in the Palestinian Territories Occupied since 1967, Submitted by Mr. Hannu Halinen, Special Rapporteur, Pursuant to Commission on Human Rights Resolution 1993/2 A (March 15, 1996) [U.N. ESCOR, Comm. on Hum. Rts., 52d Sess., U.N. Doc. E/CN.4/1996/18 (1996)]. In this report, the special rapporteur, Mr. Hannu Halinen, expresses regret that his findings remain incomplete as most are based on one brief visit to Gaza, given Israel’s unwillingness to receive him. While condemning acts of terrorism by the Palestinians, the special rapporteur expresses deep concern over Israel’s response to security incidents, such as sealing off the West Bank, Gaza, and East Jerusalem, instituting severe curfews, and engaging in the demolition of homes of suspected terrorists. The special rapporteur calls for the establishment of a new human rights culture instituted with the aid of appropriate bodies and partners to ensure the success of the peace process.

Document 557: Excerpts from the Report on the Extrajudicial, Summary, or Arbitrary Executions in the Occupied Arab Territories (January 25, 1996) [U.N. ESCOR, 52d Sess., U.N. Doc. E/CN.4/1996/4 (1996)]. In this report, the special rapporteur reviews the conditions of detention in Al-Khyam Prison, which, according to its findings, appears to be under Israeli control. Additionally, the special rapporteur also addresses two allegations submitted on behalf of individuals against the Palestinian Authority.

Document 558: Council of the League of Arab States Resolution 107, Regarding Settler Colonialism in the Occupied Palestinian Territory (March 31, 1997) [See U.N. GAOR, 51st Sess., Agenda Items 33, 35, 85, U.N. Doc. A/51/859 (1997)]. In this resolution, the Council of the League of Arab States reaffirms the legitimacy of Security Council Resolution 465, Iwhich declares Israeli settlements illegal under the Fourth Geneva Convention. The council warns that “colonialist” settlement activity impinges upon the peace process and reaffirms the need to conduct an international seminar on settlement activity.

Document 559: Excerpts from the Report of the Secretary-General Following the Fourth World Conference on Women, Addendum II (January 26, 1998) [See U.N. ESCOR, Comm. on Women, 42d Sess., U.N. Doc. E∕CN.6∕1998∕2∕Add.2 (1998)]. In this report, United Nations Secretary-General Kofi Annan concludes that much effort is being made by Palestinians and the international community following the Fourth World Conference on Women held in Bejing, September 4-15, 1995, to improve the economic and social conditions facing Palestinian women. However, the Secretary-General notes the continued injury to Palestinian women as a result of the military occupation.

Document 560: United Nations Economic and SocialCouncilResolution 1998/1, Continued Violation of Human Rights in the Occupied Territories (March 27, 1998) [E.S.C. Res. 1998/1, U.N. ESCOR, Comm. on Hum. Rts., U.N. Doc. E∕CN.4∕RES∕1998∕1 (1998)]. In Resolution 1998∕1, the Economic and Social Council expresses grave concern over Israel’s refusal to abide by previous resolutions set forth by United Nations bodies. In noting the stagnation of the peace process, the Economic and Social Council also expresses grave concern about the Government of Israel’s attitude toward the principles upon which the process was based. The council condemns the Israeli practice of firing on civilians, the opening of a tunnel under the al Aqsa Mosque, and the use of torture during interrogations. Israel is called upon to halt all activities associated with collective punishment and to withdraw from all territories occupied since 1967.

Document 561: United Nations Commission on Human Rights Resolution 1998/3, Calling upon Israel to Prevent Any New Installation of Settlers in the Occupied Territories (March 27, 1998) [Res. 1998∕3, U.N. Comm. on Hum. Rts., U.N. Doc. E∕CN.4∕RES∕1998∕3 (1998)]. In Resolution 1998∕3, the Commission on Human Rights expresses grave concern over Israeli settlement activities, including the construction of bypass roads, the expulsion of local residents, and other violations of the Geneva Convention. The commission characterizes such activities as an obstacle to peace in the region. It calls upon the government of Israel to implement concrete actions to supplement its commitment to the peace process and to cease settlement activity while preventing new installations.

Document 562: United Nations Economic and Social Council Resolution 1998/10, Recog­nizing Israeli Occupation as Main Obstacle to the Advancement of Palestinian Women (July 28, 1998) [E.S.C. Res. 1998∕10, U.N. ESCOR, 44th plen. mtg., U.N. Doc. 1998∕10 (1998)]. In Resolution 358, the Economic and Social Council expresses concern about the stalemate in the peace process and stresses its support for the process. It calls on Israel to facilitate the return of all refugees and displaced women and children to their homes in compliance with United Nations resolutions and in the interest of improving the socioeconomic situation of the Palestinian people. Requests are made for a continuation of monitoring by the Commission on the Status of Women and for the Secretary-General’s continued review of the situation.

Document 563: United Nations Economic and Social Council Resolution 1998/32, Eco­nomic and Social Repercussions of the Israeli Occupation on the Living Conditions of the Palestinian People (July 29, 1998) [E.S.C. Res. 1998/32, U.N. ESCOR, U.N. Doc. E/RES/1998/32 (1998)]. In Resolution 1998/32, the Economic and Social Council declares that the Israeli occupation impedes efforts to achieve sustainable development and a sound economic environment in the Occupied Territories. It criticizes particularly the restrictions placed on freedom of movement and stresses the importance of territorial contiguity. It calls on Israel to stop exploiting the resources of the Syrian Golan. Finally, it identifies economic stability as an essential facet to long-term peace.

Document 564: Concluding Observations of the United Nations Human Rights Committee on IsraelRegardingthe ICCPR (August 18, 1998) [Human Rts. Comm., 63d Sess., U.N. Doc. CCPR/C/79/Add.93 (1998)]. In these observations, the United Nations Human Rights Committee comments on the lack of substantive data regarding the implementation of the ICCPR in Israel’s periodic report. !Among the concerns raised by the committee are the failure of the government of Israel to incorporate the covenant fully into Israeli law and the numerous injuries sustained by the Palestinian people under occupation. The committee recommends that Israel ratify the Optional Protocol to the ICCPR and requests the submission of a second periodic report.

Document 565: Report on the Situation of Human Rights in the Palestinian Territories Occupied since 1967, Submitted by Mr. Hannu Halinen, Special Rapporteur, Pursuant to Commission on Human Rights Resolution 1993/2 A (January 20, 1999) [U.N. ESCOR, 55th Sess., U.N. Doc. E/CN.4/1999/24 (1999)]. The special rapporteur, Mr. Hannu Halinen, prefaces this detailed report on human rights violations in the Occupied Territories by noting that current violations remain largely the same as those recorded in previous United Nations resolutions. Halinen reports that during his visit to the area he was informed by Palestinians that human rights violations had become more collective in nature and had increased in scope since the outset of the peace process. Halinen also notes that almost all provisions of the Universal Declaration of Human Rights are being violated in the Occupied Territories.

Document 566: Excerpts from the Report of the Working Group on Indigenous Populations on Its Seventeenth Session (Bedouins) (August 12, 1999) [U.N. ESCOR, Comm. on Hum. Rts., 51st Sess., Agenda Item 7, U.N. Doc. E/CN.4/Sub.2/1999/19 (1999)]. Although this report does not exclusively focus on the situation of Palestinians, it does record a representative of the Palestinian Bedouins’ notification of Israel’s practice of displacing Bedouin tribes by confiscating their land and demolishing their homes.

Document 567: Israeli Supreme CourtJudgment on the Interrogation Methods Applied by the General Security Service (September 6, 1999) [H.C. 5100/94, Public Committee Against Torture in Israel and Others v. The State of Israel]. In this judgment, the Israeli Supreme Court considers two public and five individual petitions contending that Israel’s General Security Service (GSS; i.e., Israel’s secret service apparatus) does not have the authority to use severe methods when interrogating suspected Palestinian terrorists. The court holds that the defense of necessity did not grant the GSS the authority to engage in these practices, but it did not preclude use of the defense in deciding whether to prosecute or bring criminal charges against GSS investigators.

Document 568: United Nations General Assembly Resolution 55/132, Demanding Complete Cessation of Construction of Israeli Settlements in the Occupied Territories (December 8, 2000) [G.A. Res. 55/132, U.N. GAOR, U.N. Doc. A/RES/55/132 (2000)]. In Resolution 55/132, the General Assembly reaffirms that settlements are illegal and an obstacle to peace. It calls for a total cessation of Israel’s settlement activities in the occupied areas, in Jerusalem, and in the Golan Heights.

Document569: United Nations Commission on Human Rights Resolution 2002/3, Report on the Situation in Occupied Palestine (April 12, 2002) [E.S.C. Res. 2002/3, U.N. ESCOR, U.N. Doc. E/CN.4/RES/2002/3 (2002)]. In Resolution 2002/3, the Commission on Human Rights recalls its previous resolutions that confirm the inalienable rights of the Palestinian people and endorses the Arab peace initiative. It also decides to include further consideration of the rights of peoples under foreign occupation as an agenda item for the fifty-ninth session of the commission.

Document570: The Impact of Israel's Separation Barrieron Affected West Bank Communities, Report of the Mission of the Humanitarian and Emergency Policy Group of the Local Aid Coordination Committee (May 4, 2003) [available at http://www.reliefweb.int/ library/documents/2003/hepglacc-opt-04may.pdf]. Concerned over the harmful effects of Israel’s wall on Palestinian communities, the Local Aid Coordination Committee issued this report, providing details of the socio-economic and civil consequences of the wall on Palestinian communities. The committee notes that parts of the wall extend beyond the pre-1967 borders (Green Line) and expresses concern that such a path will render thousands of Palestinians isolated from the rest of the West Bank. The committee also expresses concern over how the wall will impact access to some of the most abundant wells in the West Bank.

Document 571: Report of the Special Rapporteur of the Commission on Human Rights on the Situation of Human Rights in the Palestinian Territories Occupied by Israel since 1967 (Dugard Report) (September 8, 2003) [U.N. ESCOR, Comm. on Hum. Rts., 60th Sess., U.N. Doc. E/CN.4/2004/6 (2003)]. Following a one-week visit to the Occupied Territories, the special rapporteur, Mr. John Dugard, issued this report on Israel’s response to terror. It finds Israel’s actions disproportionate and in violation of human rights and international humanitarian law. It expresses concern over Israel’s practice of restricting freedom of movement, instituting curfews, increasing the number of checkpoints, demolishing homes, and creating more settlements and calls for an independent inquiry into allegations of torture in Israeli prisons.

Document 572: Letter from the Permanent Representative of Israel to the Chairperson ofthe Commission on Human Rights Regardingthe Ziegler Report (September 18, 2003) [ available at http://www.unhchr.ch/Huridocda/ Huridoca.nsf/ (Symbol)/E.CN.4.2004. G.9.En?Opendocument]. In this letter, the Permanent Representative of Israel accuses Jean Ziegler, the United Nations Special Rapporteur on the Right to Food, of contravening standard protocol by failing to submit a copy of his report to Israel prior to releasing it to the press. The Permanent Mission of Israel strongly protests such conduct and requests that the special rapporteur be sanctioned for disregarding procedure.

Document 573: Letter from the Permanent Observer for Palestine to the Chairperson of the Commission on Human Rights Regarding the Ziegler Report (September 30, 2003) [U.N. ESCOR, Human Rts. Comm, 60th Sess., U.N. Doc. E/CN.4/2004/G/10 (2003)]. This letter from the Permanent Observer for Palestine extends appreciation to the United Nations Special Rapporteur on the Right to Food, John Ziegler, for his effort and objectivity in preparing his report. The permanent observer also objects to the permanent representative of Israel’s use of the term “Disputed Territories” in his letter to the chairperson of the commission.

Document 574: Letter from the Permanent Observer for Palestine to the Acting High Commissioner for Human Rights on Massacres in Rafah and the Yubna Refugee Camp (October 14, 2003) [U.N. ESCOR, Human Rts. Comm., 60th Sess., U.N. Doc. E/ CN.4/2004/G/11 (2003)]. This letter from the Permanent Observer for Palestine catalogues the casualties and human rights violations that occurred during the recent Israeli incursions into Gaza. It expresses concern over the total closure of both the Gaza Strip and all cities within the West Bank. The letter also notes the violation of international law inherent in Israel’s new checkpoint policy and the continued construction of the wall. The permanent observer requests the aid of the high commissioner in stopping Israeli policies that violate international law.

Document 575: U.S.-Vetoed Security Council Draft Resolution, Declaring Israel’s Separation Wall Illegal (October 14, 2003) [U.N. Doc. A/2003/980 (2003)]. This draft Security Council resolution, presented by Guinea, Malaysia, Pakistan, and the Syrian Arab Republic, would have declared Israel’s construction of a wall departing from the 1949 Armistice Line illegal and ordered that construction be ceased and reversed.

Document 576: Letter from the Permanent Observer for Palestine to the Chairperson of the Commission on Human Rights, Regarding Israel’s Response to the Ziegler Report (October 23, 2003) [U.N. ESCOR, Human Rts. Comm., 60th Sess., U.N. Doc. E/CN.4/2004/ G/13 (2003)]. In this letter to the chairperson of the Commission on Human Rights, the permanent observer and ambassador for Palestine, Mr. Nabil Ramlawi, expresses his frustration with Israel’s criticism of the Ziegler Report.

Document 577: United Nations General Assembly Resolution ES-10/13, Demanding that Israel Stop and Reverse Construction of the Wall in the West Bank (October 27, 2003) [G.A. Res. ES-10/13, U.N. GAOR, 10th Emergency Special Sess., Agenda Item 5, U.N. Doc. A/RES/ES-10/13 (2003)]. In Resolution ES-10/13, the General Assembly demands that Israel stop and reverse the construction of the wall in the Occupied Territories, including East Jerusalem. It also calls upon both parties to fulfill their obligations under relevant provisions of the Road Map and requests the Secretary­General to report on compliance with this resolution periodically.

Document 578: United Nations Economic, Social, and Cultural Rights Report by the Special RapporteurontheRighttoFood, ConcerningHisMissiontotheOccupiedPalestinianTerritories (Ziegler Report) (October 31, 2003) [U.N. ESCOR, Comm. on Hum. Rts., 60th Sess., U.N. Doc. E/CN.4/2004/10/Add.2 (2003)]. United Nations Special Rapporteur on the Right to Food, Jean Ziegler, visited Israel and the Occupied Territories in July 2003, marking the first time a United Nations rapporteur was allowed to investigate first-hand the situation in the Occupied Territories. Ziegler reports that the growing hunger and malnutrition are a direct result of Israel’s military policies and that the situation has worsened since the outbreak of the Second Intifada to the extent that the Occupied Territories are facing a humanitarian catastrophe. Ziegler expresses concern over the inability of Palestinians to access food, water, and humanitarian aid due to road closures, the imposition of curfews, and the construction of the wall. Ziegler strongly recommends that the government of Israel respect its obligations under international human rights and humanitarian law, specifically by ending the occupation.

Document 579: Report of the Secretary-General Prepared Pursuant to General Assembly Resolution ES-10/13, Concluding that Israel Is Not in Compliance with the Assembly’s Demand that It Stop and Reverse Construction of the Wall (November 24, 2003) [U.N. GAOR, 10th Emergency Special Sess., Agenda Item 5, U.N. Doc. A/ES-10/248 (2003)]. This report was issued by United Nations Secretary-General Kofi Annan at the request of the General Assembly following Israel’s refusal to comply with General Assembly Resolution ES-10/13, which demanded that Israel stop and reverse its construction of the wall. The Secretary-General includes in his report the legal positions regarding the wall of both Israel and the PLO and requests the support of the international community in achieving a two-state solution.

Document 580: United Nations General Assembly Resolution ES-10/14, Requesting an ICJ Advisory Opinion on the Separation Wall (December 8, 2003) [G.A. Res. ES-10/14, U.N. GAOR, 10th Emergency Special Sess., U.N. Doc. A/RES/ES-10/14 (2003)]. In Resolution ES-10/14, the General Assembly decides to request the ICJ to render an advisory opinion on the following question: “What are the legal consequences arising from the construction of the wall being built by Israel, the occupying power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?”

Document 581: United Nations Office for the Coordination of Humanitarian Affairs, Preliminary Analysis of the Humanitarian Consequences of the Wall on Palestinians in the West Bank (December 15, 2003) [available at http://domino.un.org/unispal. nsf/9a798adbf322aff38525617b006d88d7/7c15cf1a7ca6780a85256e16006eb529! OpenDocument]. This report was issued by the United Nations Office for the Coordination of Humanitarian Affairs in response to the government of Israel’s approval of a new route for the wall that would result in a final wall four times longer than the initial size. The office expresses its solemn concern at the lack of consideration given to the Palestinian population, whose lives would be affected by restrictions on freedom of movement and isolation from the rest of the community.

Document 582: United Nations General Assembly Resolution A/RES/58/155, Situation of and Assistance to Palestinian Children (February 26, 2004) [G.A. Res. 58/155, U.N. GAOR, U.N. Doc. (2004)]. The General Assembly expresses concern in Resolution 58/155 that Palestinian children living under Israeli occupation are being deprived of many basic rights. It demands that Israel comply with the Convention on the Rights of the Child and the Geneva Convention to ensure that Palestinian children lead a life free from the fear that occupation engenders. The General Assembly also calls upon the international community to provide urgently needed assistance.

Document 583: Report of the Special Rapporteur of the Commission on Human Rights, John Dugard, on the Situation of Human Rights in the Palestinian Territories (Addendum to the Dugard Deport) (February 27, 2004) [U.N. ESCOR, 60th Sess., U.N. Doc. E/CN.4/2004/6/Add.1 (2003)]. This report by the special rapporteur of the Commission on Human Rights, John Dugard, charges Israel with the use of excessive force against Palestinians including restrictions on mobility, the inhumane treatment of children, destruction of property through home demolitions, and “territorial expansion.” The special rapporteur acknowledges the security concerns of the government of Israel but characterizes Israel’s actions as “so remote from the interest of security that it assumes the character of punishment, humiliation, and conquest.”

Document 584: Note Verbale from the Permanent Mission of Israel to the Secretariat of the Commission on Human Rights (Regarding the Dugard Report) (March 16, 2004) [U.N. ESCOR, Comm. on Hum. Rts., 60th Sess., U.N. Doc. E/CN.4/2004/G/24 (2004)]. In this response to the Dugard report, the government of Israel accuses the special rapporteur of using his position as a platform for advancing a political agenda. It takes issue with the omission of facts attesting to Israel’s efforts to deal with Palestinians in an evenhanded manner. Further, Israel defends its construction of the wall as a necessary security measure and accuses the special rapporteur of being ambivalent to the terrorist threats facing Israel and its citizens. It also claims that the one-sided nature of the report puts the credibility of the Commission on Human Rights into question.

Document 585: Note Verbale from the Permanent Mission of Israel to the United Nations High Commissioner for Human Rights (Regarding the Addendum to the Dugard Report) (April 2, 2004) [U.N. ESCOR, Comm. on Hum. Rts., 60th Sess., U.N. Doc. E/CN.4/2004/ G/42 (2004)]. In this note verbale, the Permanent Mission of Israel denounces the addendum to the Dugard report as “one sided, highly politicized and biased.” Specifically, Israel condemns the special rapporteur for failing to find any Israeli security measures to be legitimate or proportionate. It further accuses the special rapporteur of being ambivalent towards acts of terrorism perpetrated by Palestinians against Israelis.

Document 586: United Nations Commission on Human Rights Resolution 2003/7, Israeli Settlements in the Occupied Arab Territories (April 15, 2004) [Res. 2003/7, U.N. Comm. on Hum. Rts., U.N. Doc. E.CN.4.RES/2003/7 (2004)]. Recalling the illegality of Israeli settlements in the Occupied Territories, the Commission on Human Rights in Resolution 2003/7 expresses grave concern about the continued expansion of settlements, the escalation in violence, and the construction of the wall. The commission urges Israel to comply with previous commission resolutions on the subject and cease all settlement activity.

Document 587: Report Prepared by the Economic and Social Commission for Western Asia on the Economic and Social Repercussions of the Israeli Occupation on the Living Conditions of the Palestinian People (June 12, 2004) [U.N. ESCOR, U.N. Doc. E/2004/21 (2004), U.N. GAOR, 59th Sess., U.N. Doc. A/59/89 (2004)]. This report from the Economic and Social Commission for Western Asia draws on the annual report of the UNRWA. It attributes the rise in unemployment and the increase in health problems afflicting Palestinians in the Occupied Territories and the Syrian Golan to key factors such as extrajudicial killings, arbitrary arrests and detentions, population displacement, mobility restrictions, and the existence of the wall. The commission concludes that the Occupied Territories assume a “war-torn economy status,” which humanitarian assistance alone cannot rectify. The commission calls for the lifting of the occupation as the only sustainable solution to the economic and social deprivations affecting the Palestinian population.

Document 588: Israeli Supreme Court Decision: HCJ 2056/04—Beit Sourik Village Council et al. v. The Government of Israel et al. (June 30, 2004) [H.C. 2056/04, Beit Sourik Village Council v. Israel]. The question before the Israeli Supreme Court in this case was whether Israel’s confiscation of land in Judea and Samaria to erect a “separation fence” is legal and whether the “fence” itself is illegal. The court uses the principle of proportionality in making its judgment, determining whether the security objective necessitating the erection of the fence was proportionate to the harm inflicted upon the Palestinian landowners. The court holds that it is not proportionate because the farmers will be cut off from their land with limited access across the fence and that these injuries are in violation of international humanitarian law. The Court notes that such injuries could be substantially decreased by creating an alternate route. Given the disproportionate nature of the injuries to local inhabitants, the court nullifies the confiscation orders.

Document 589: ICJ Decision: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (July 9, 2004) [2004 I.CJ. 131]. The ICJ rendered this advisory opinion pursuant to a request by General Assembly Resolution ES- 10/14. The court expresses the opinion that the construction of the wall is contrary to international law. Accordingly, Israel is obligated to stop its construction and dismantle already existing portions. Further, Israel is under obligation to pay reparations for any damage incurred by its construction. The court observes that all state parties to the Geneva Convention have an obligation to ensure Israel’s compliance with international humanitarian law. Thus, the United Nations should give further consideration to what action is required to stop the illegal consequences of the wall’s construction.

Document 590: United Nations General Assembly Resolution ES-10/15, Calling on Israel to Comply with Its Legal Obligations as Identified in the Advisory Opinion (August 2, 2004) [U.N. GAOR, 10th Emergency Sess., Agenda Item 5, U.N. Doc. A/ES-10/L.18/ Rev.1 (2004)]. In Resolution ES-10/15, the General Assembly demands that Israel comply with its legal obligations as set forth in theICJ’s advisory opinion. It calls upon all state members to comply with their legal obligations to ensure that Israel respects the Geneva Convention. It also requests that the Secretary-General establish a “register of damage.” Finally, it calls upon both parties to immediately implement their obligations under the Road Map.

Document 591: Report of the Special Rapporteur of the Commission on Human Rights on the Situation of Human Rights in the Palestinian Territories Occupied by Israel since 1967 (August 12, 2004) [U.N. ESCOR, 59th Sess., U.N. Doc. A/59/256 (2004)]. This report by the special rapporteur of the Commission on Human Rights, Mr. John Dugard, focuses on Israeli military incursions into the Gaza Strip, the construction of the wall, and restrictions on the freedom of movement. Findings stem from the special rapporteur’s visit to the Occupied Territories, including both Gaza Strip and the West Bank, June 18-25, 2004. With regard to incursions into Gaza, Dugard reports that Israel has engaged in a massive destruction of property and charges that Israel does not plan to relinquish control of Gaza, but plans to continue its control of Gaza’s borders, sea, and airspace. With regard to the wall, Dugard charges that Israel is using it to incorporate settlers within Israel, confiscate Palestinian land, and encourage Palestinians to leave their lands and home. He challenges the view that the wall is primarily intended to stop suicide bombings as constructing the wall along the pre-1967 Border (Green Line) would have had the same effect. Further, Dugard finds that the inhabitants of Gaza are effectively imprisoned by a combination of the wall, fence, and sea. Further, he compares the restrictions to the “pass laws” of apartheid South Africa.

On October 28, 2004, the Israeli government issued a formal statement in response to this report criticizing the nature of the mandate of the special rapporteur that it believes only examines one side of the conflict and prejudges key issues. The Israeli statement defends Israel’s construction of the wall and refutes the special rapporteur’s allegations that Israel intends to use it to confiscate Palestinian lands.

Document 592: Report on the Human Rights Situation in the Palestinian Territories Occupied since 1967, submitted by John Dugard, Special Rapporteur (March 5, 2005) [U.N. ESCOR, U.N. Doc. E/CN.4/2005/29/Add.1]. This report from the special rapporteur, Mr. John Dugard, provides an updated summary of the fundamental human rights concerns within the Occupied Territories. This addendum is based on Dugard’s visit to the Occupied Territories in February of 2005. The document reviews the status of the Second Intifada, the then current ceasefire between Israel and the Palestinian Authority, Israel’s construction of a wall in the Occupied Territories, and human rights issues affecting the citizens of those areas region, including Jerusalem.

Document 593: Israeli Supreme Court Opinion—International Legality of the Security Fence and Sections Near Alfei Menashe (September15, 2005). The Israeli Supreme Court rules that disputed parts of Israel’s security wall route are illegal and that a new route must be developed instead.

Document 594: United Nations General Assembly Resolution 60/107, Israeli Practices Affecting the Human Rights of the Palestinian People in the Occupied Palestinian Territory, Including East Jerusalem (January 18, 2006) [U.N. ESCOR, U.N. Doc. E/ CN.4/2006/29 (2006)]. Noting reports by the U.N. Commission on Human Rights and the special rapporteur of the Commission on Human Rights in Palestine, the General Assembly expresses concern regarding Israel’s treatment of Palestinians in the Occupied Territories. Specifically, the General Assembly condemns use of excessive force, collective punishment, confiscation of land, and expansion of Israeli settlements.

Document 595: United Nations General Assembly Resolution 60/41, Jerusalem (February 10, 2006) [G.A. Res. 60/41, U.N. GAOR, U.N. Doc. A/RES/60/41 (2006)]. The General Assembly condemns Israel’s continuation of illegal settlements and continued construction of a wall surrounding in East Jerusalem. The General Assembly then stresses the need for both Israeli and Palestinian concerns are addressed while also guaranteeing the freedom of movement and religion for Jerusalem’s occupants.

Document 596: United Nations General Assembly Resolution 60/39, Peaceful Settlement of the Question of Palestine (February 16, 2006) [G.A. Res. 60/39, U.N. GAOR, U.N. Doc. A/RES/60/39 (2006)]. In Resolution 60/39, the General Assembly expresses continued concern for the military actions Israel has taken in the Occupied Palestinian Territories. It also notes the ICJ’s advisory opinion, which demands that Israel comply with its obligations under international law.

Document 597: Report on the Human Rights Situation in the Palestinian Territories Occupied since 1967, Submitted by John Dugard, Special Rapporteur (September 27, 2006) [U.N. ESCOR, U.N. Doc. A/HRC/5/11 (2007)]. Special Rapporteur Dugard’s report categorically addresses Israel’s military and security measures taken against Palestinians in the Occupied Territories. The report emphasizes the nature of various security walls Israel has constructed in these territories.

Document 598: Report on the Human Rights Situation in the Palestinian Territories Occupied since 1967, Submitted by John Dugard, Special Rapporteur (January 29, 2007) [U.N. ESCOR, U.N. Doc. A/HRC/5/11 (2007)] Dugard’s report again addresses Israel’s incursions in the Occupied Territories, humanitarian concerns, and issues surrounding construction of security walls. Most notably the report goes on to describe Israel’s practices as an apartheid.

Document 599: United Nations Report on the Mission to Israel IncludingVisit to Occupied Palestinian Territory, Submitted by Martin Scheinin, Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (November 16, 2007) [U.N. Doc. A∕HRC∕6∕17∕Add.4 (2007)]. Scheinin’s report addresses the challenges facing Israel in legislating security measures while providing for humanitarian needs and civil rights of Palestinians in the Occupied Territorries. The report also highlights the issues of security walls, terrorism, and counterterrorism.

Document 600: United Nations General Assembly Resolution 62/108, Israeli Settlements in the Occupied Palestinian Territory, Including East Jerusalem, and the Occupied Syrian Golan (January 10, 2008) [G.A. Res. 62/108, U.N. GAOR, U.N. Doc. A/RES/62/108 (2008)]. In Resolution 62/108, the General Assembly notes Israel’s work in withdrawing from Gaza and the West Bank as well as dismantling settlements in those reasons. However, the General Assembly continues to demand the same for East Jerusalem and Syrian Golan in which Israeli settlements continue to develop.

Document 601: United Nations General Assembly Resolution 62/109, Israeli Practices Affecting the Human Rights ofthe Palestinian People in the Occupied Palestinian Territory, IncludingEastJerusalem (January 10, 2008) [G.A. Res. 62/109, U.N. GAOR, U.N. Doc. A/RES/62/109 (2008)]. Citing reports by the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories as well as the special rapporteur of the Human Rights Council, the General Assembly provides a veritable laundry list of concerns regarding the status of Palestinians in the Occupied Territories.

The General Assembly again expresses concern for the violation of human rights by Israel, such as collective punishment, closure of areas, construction of the wall inside the Occupied Territories, and destruction of property. In response, the General Assembly is convinced of the need for an international presence to monitor the situation.

Document 602: Report on the Human Rights Situation in the Palestinian Territories Occupied since 1967, Submitted by John Dugard, Special Rapporteur (January 21, 2008) [U.N. ESCOR, U.N. Doc. A/HRC/7/17 (2008)]. Dugard’s 2008 report initially addresses criticism of the special rapporteur’s prior reports on the Occupied Palestinian Territories, specifically the reports’ repetitiveness and focus only on Israel’s actions. The report goes on to report on Israel’s military incursions into the Occupied Territories and the humanitarian concerns in Gaza and the West Bank. Dugard rebukes the Security Council’s disregard of the ICJ’s advisory opinion on Israel’s wall in the Occupied Territories. The report concludes with a critical appraisal of the Annapolis Summit.

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