5. Recommendations to the Commission
The international community faces a difficult situation with a recalcitrant state engaged in widespread violations of human rights and humanitarian law, in disregard of numerous efforts in the UN system to uphold the rule of law. To address this challenge, the Commission must take the initiative in establishing effective mechanisms for implementing basic human rights in the OPT as an essential first step in the longer process of securing a just resolution to the conflict. The UN has made clear in numerous fora and myriad reports the absolute necessity for Israel to uphold international law in its conduct in the OPT and now the Commission has the opportunity to propose concrete measures to effectuate this well-established international mandate.
Towards that end, a number of practical steps have already been proposed by the HRIC, the High Commissioner for Human Rights, the Special Rapporteur, and a host of UN and independent human rights bodies. In assessing the viability of these steps, the HRIC noted that it
was encouraged by the extent to which its own assessments of the main issues addressed in the report substantially coincided with the most trustworthy third party views, including those of diplomatic representatives of the European Union and senior international civil servants with years of experience in the region. Thus, an informed and impartial consensus reinforces the conclusions and recommendations set forth here. (p. 37, para. 6)
CESR urges the Commission to support this international consensus through the following actions:
- Declaring that the root cause of the Palestinian-Israeli conflict is Israel’s ongoing occupation, confiscation of land, water and other resources, and construction of settlements, bypass roads, and military installations in the OPT.
- Calling upon Israel to take immediate and effective measures to end its occupation and resulting violations of human rights and humanitarian law, and in particular to end the military and economic siege in the OPT and cease in the destruction of Palestinian property.
- Requesting the General Assembly to support the call to reconvene the High Contracting Parties to the Fourth Geneva Convention in order to establish an effective mechanism to protect the rights of Palestinians under Israeli occupation.
- Requesting the Secretary-General to carry out an analytical study relating to issues concerning the compensation of victims of violations of human rights and humanitarian law, including claims for wrongful death, injury, and damage to property and livelihood, with a view to proposing viable mechanisms to ensure full enjoyment of the right to compensation.
- Requesting the Security Council to consider the establishment of an effective international protection force to safeguard the rights of Palestinian civilians.
- Deciding to establish, on an urgent basis, an effective international mechanism to undertake on-site monitoring and reporting of violations of human rights and grave breaches of international humanitarian law by all parties.
