1. Special Role of Commission: Restoring International Law in the OPT

Meeting in special session on 19 October 2000, the Commission on Human Rights condemned “the disproportionate and indiscriminate use of force in violation of international humanitarian law by the Israeli occupying Power against innocent and unarmed Palestinian civilians” and established “a human rights inquiry commission” to investigate the situation and provide concrete recommendations “with the aim of preventing repetition of the recent human rights violations” (E/CN.4/S-5/L.2/Rev.1).

The human rights inquiry commission (HRIC) recently submitted a comprehensive report investigating the root causes of the crisis, detailing the most serious violations of international humanitarian law and human rights law, and recommending a series of actions to remedy these violations (E/CN.4/2001/121). The findings and recommendations of this report reflect the clear international consensus on resolving the crisis in accordance with international law and human rights, as expressed in a series of important UN statements including Security Council Resolution 1322, the report of the High Commissioner for Human Rights (E/CN.4/2001/114), the report of the Special Rapporteur (E/CN.4/S-5/3), and various reports of the UN human rights treaty monitoring bodies.

Regrettably, Israel continues to flout the unambiguous and clearly expressed will of the international community by refusing to apply universal principles of international law to its conduct in the OPT. Such refusal presents a fundamental challenge not only to the legitimate rights of the Palestinian people, but also to the credibility of the UN system as a whole. It is therefore incumbent upon the Commission, as a leading voice for human rights in the UN system, to develop effective international measures to establish the rule of international law in the OPT and prevent the crisis from escalating into a regional conflict. Speaking directly to the issue of UN credibility, the HRIC remarks that:

The challenge to the organs of the United Nations is to rehabilitate their reputation… [through] the need to take steps to ensure that UN directives, whether in the form of resolutions or otherwise, are implemented to the extent possible, and that non-compliance is addressed by follow-up action (p. 14, para.. 29(b)).