UNITED NATIONS

A
General Assembly
Distr. LIMITED A/HRC/S-9/L.1 9 January 2009

Original: ENGLISH HUMAN RIGHTS COUNCIL Ninth special session

Cuba, Egypt (on behalf of the Arab and African Groups), Pakistan (on behalf of the Organization of the Islamic Conference): draft resolution S-9/... The Grave Violations of Human Rights in the Occupied Palestinian Territory particularly due to the recent Israeli military aggression on the occupied Gaza Strip

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations and the Universal Declaration of Human Rights,

Acknowledging that peace and security, development and human rights are the pillars of the United Nations system,

Guided also by the right to self-determination of the Palestinian People and the inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter of the United Nations,

Affirming the applicability of International Human Rights Law, to the Occupied Palestinian Territory, including East Jerusalem,

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Affirming also the applicability of the International Humanitarian Law namely the Fourth Geneva Convention relative to the protection of Civilian persons in Time of War, to the Occupied Palestinian Territory, including East Jerusalem,

Emphasizing that human rights law and international humanitarian law are complementary and mutually reinforcing in armed conflict,

Recalling General assembly resolution 60/251 of 15 March 2006 in which the assembly decided the mandate of the Human rights Council,

Recalling also the obligations of the High Contracting Parties to the Fourth Geneva convention,

Reaffirming that each High Contracting Party to the Fourth Geneva Convention relative to the Protection of Civilian persons in Time of War, is under obligation to respect and ensure respect of the convention,

Reminding that the United Nations should bear its responsibility to protect all civilian population facing massive violations of their Human Rights and International Humanitarian Law,

Stressing that the right to life constitutes the most fundamental of all human rights,

Recognizing that the massive ongoing Israeli military operation in the Occupied Palestinian territory, particularly in the occupied Gaza Strip, constitutes grave violation of the human rights of the Palestinian civilians therein, exacerbate the severe humanitarian crisis in the Occupied Palestinian Territory, and undermine international efforts, to restore ceasefire,

Deploring the loss of human lives in the context of the current situation

Recognizing also that the Israeli siege imposed on the occupied Gaza Strip, including the closure of border crossings and the cutting of the supply of fuel, food and medicine, constitutes collective punishment of the Palestinian civilians and leads to disastrous humanitarian and environmental consequences,

1. Strongly condemns the ongoing Israeli military operation carried out in the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, which have resulted in massive violations of human rights of the Palestinian people and systematic destruction of the Palestinian infrastructure;

2. Calls for the immediate cessation of Israeli military attacks throughout the Palestinian Occupied Territory, in particularly in the Occupied Gaza Strip that have resulted, thus far, in the killing of about 800 and the injury to more than 3000 Palestinians, including a large number of women and children, and the end to the launching of the crude rockets against Israeli civilians that resulted in the loss of 4 civilian lives and some injuries;

3. Calls upon the occupying power, Israel, to end its occupation to all Palestinian lands occupied since 1967, and to respect its commitment within the peace process towards the establishment of the independent sovereign Palestinian state with east Jerusalem as its Capital, living in peace and security with all its neighbors;

4. Demands the occupying power, Israel, to stop the targeting of civilians and medical facilities and staff as well as the systematic destruction of the cultural heritage of the Palestinian people in addition to the public and private properties as laid down in the Fourth Geneva Convention;

5. Demands further upon the occupying power, Israel, to lift the siege, open all borders and to allow access, free movement of humanitarian aid to the occupied Gaza Strip, including the immediate establishment of humanitarian corridors and insuring free access of media to areas of conflict through media corridors;

6. Calls for urgent international action to put an immediate end to the grave violations committed by the occupying power, Israel, in the occupied Palestinian Territory, particularly in the occupied Gaza Strip;

A/HRC/S-9/L.1 Page 4 7. Calls for immediate protection of the Palestinian People in the Occupied Palestinian Territory in compliance with the Human Rights Law and international Humanitarian Law;

8. Requests the United Nations High Commissioner for Human Rights to (a) immediately put in place a Rapid Response Team to monitor the violation of human rights of the Palestinian people by Israel the occupying power: (b) urgently strengthen the Office presence in Gaza with the necessary personnel and expertise to monitor and gather information on Israeli violations of human rights of Palestinians and destruction of their properties; (c) to submit a quarterly report to the Human Rights Council on the implementation of this resolution;

9. Requests all relevant special Rapporteurs, in particular the Special Rapporteur on the Situation of Human Rights of the Palestinian People in the Palestinian Territories Occupied since 1967, Special Rapporteur on the Right to Mental and Physical Health, Special Representative of the Secretary General on Children in Armed Conflict, Special Rapporteur on Violence against Women, Special Rapporteur on Adequate Housing, Special Rapporteur on the Right to Food, Special Rapporteur on Extrajudicial, Summary, Arbitrary Executions, Special Rapporteur to the Right to Education, Special Rapporteur on Extreme Poverty, to urgently seek and gather information on violation of the human rights of the Palestinian people and submit their reports to the next session of the Human Rights Council;

10. Urges all parties concerned to respect the rules of human rights law and international humanitarian law and to refrain from violence against the civilian population;

11. Requests the Secretary-General of the United Nations to investigate and report to the General Assembly on the latest targeting of UNRWA facilities in Gaza, including schools, that resulted in the killing of Palestinian Civilians including women and children;

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12. Decides to follow-up on the implementation of the present resolution at the next session of the Human Rights Council.

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