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Suite donnée au rapport de la Mission d’établissement des faits de l’ONU sur le conflit de Gaza – 22e session de l’CDH – Projet de résolution

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Adopted (A/HRC/RES/22/25) on 22 March 2013.
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UNITED
NATIONS
A

        General Assembly
Distr.
LIMITED
A/HRC/22/L.41
19 March 2013

Original: English

Human Rights Council
Twenty-second session
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories




Angola, Bahrain (on behalf of the Group of Arab States)*, Bolivia (Plurinational State of)*, Cuba*, Honduras*, Luxembourg*, Pakistan (on behalf of the Organization of Islamic Cooperation), State of Palestine*, Venezuela (Bolivarian Republic of): draft resolution

Follow-up to the report of the United Nations Independent
International Fact-Finding Mission on the Gaza Conflict

The Human Rights Council,

Recalling its relevant resolutions, including resolution S-9/1, adopted on 12 January 2009, and resolution S-12/1, adopted on 16 October 2010, in follow-up of the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the report of the United Nations Fact-Finding Mission on the Gaza Conflict,1

Recalling also relevant General Assembly resolutions, including resolutions 64/10, adopted on 5 November 2009, and 64/254, adopted on 26 of February 2010, in follow-up of the report of the United Nations Fact-Finding Mission on the Gaza Conflict,

Recalling further the relevant rules and principles of international law, including international humanitarian law and international human rights law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

Recalling the Universal Declaration of Human Rights and the other international human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child,

Reaffirming the obligation of all parties to respect international humanitarian law and international human rights law,

Reiterating the importance of the safety and well-being of all civilians, and reaffirming the obligation to ensure the protection of civilians in armed conflict,

Stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to prevent impunity, ensure justice, deter further violations and promote peace,

Convinced that achieving a just, lasting and comprehensive settlement of the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of a comprehensive, just and lasting peace and stability in the Middle East,

1. Reiterates its call upon all concerned parties, including United Nations bodies, to ensure their full and immediate implementation of the recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict, in accordance with their respective mandates;

2. Noting the recent efforts made by the Government of Switzerland, in its capacity as depositary of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, to reconvene, as soon as possible, a Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure its respect in accordance with common article 1, bearing in mind the statement adopted on 15 July 1999, as well as the reconvening of the conference and the declaration adopted on 5 December 2001, and recommends that the Government of Switzerland continue to pursue its efforts with the aim of resuming the above-mentioned conference as soon as possible;

3. Renews its recommendation that the General Assembly remain apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations contained in the report of the Independent International Fact-Finding Mission on the Gaza Conflict is taken at the domestic or international level in order to ensure justice for victims and accountability for perpetrators, and to remain also ready to consider whether additional action within its powers is required in the interests of justice;

4. Requests the Secretary-General to present a comprehensive report to the Human Rights Council, at its twenty-fifth session, on the progress made in the implementation of the recommendations of the Fact-Finding Mission by all concerned parties, including United Nations bodies, in accordance with paragraph 3 of Council resolution S-12/1, with special attention to and focus on the issues of non-compliance and non-cooperation in implementing the relevant recommendations contained in the above-mentioned report by all parties concerned;

5. Requests the United Nations High Commissioner for Human Rights to submit to the Human Rights Council, at its twenty-fifth session, a progress report on the implementation of the present resolution;

6. Decides to remain seized of the matter.


______________

*Non-Member State of the Human Rights Council.

Note

1A/HRC/12/48.


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