49. The Government of Israel should abide by international legal obligations and its pre-existing commitments as stated in the road map, as well as the repeated calls of the international community, namely, to immediately dismantle settlement outposts erected since March 2001 and to freeze all settlement activity, including natural growth, including in occupied East Jerusalem.
50. The Government of Israel should take action to halt attacks by Israeli settlers against the civilian population of the occupied territory and ensure that a proper investigation is carried out in regard to incidents caused by such settlers and that redress is given to the victims of such violence (see also A/63/519).
51. The Government of Israel should take action to ensure that the labour rights of all Palestinian workers in settlements, including the right to form and join trade unions, are respected. In accordance with article 32, paragraph 1, of the Convention on the Rights of the Child, the Government of Israel should protect children from economic exploitation and from performing any work that is likely to be hazardous, such as working on date plantations.
52. The Government of Israel should cease to exploit natural resources, including water, in the Occupied Palestinian Territory. In particular, the Government of Israel should take steps to halt the damage being caused to the aquifer in the West Bank and, as the Occupying Power, should ensure non-discriminatory distribution of water resources (see A/64/354).
53. The General Assembly and the international community should actively promote the implementation of its decisions, resolutions and recommendations and those of the Security Council, the International Court of Justice and the United Nations human rights mechanisms, including treaty bodies and special procedures mandate holders.
1In its advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of 2004 (see A/ES-10/273 and Corr.1), the International Court of Justice concluded that the Fourth Geneva Convention was applicable in the Palestinian territories which, before the 1967 conflict, lay to the east of the Green Line and which, during that conflict, were occupied by Israel. Since then a significant number of United Nations resolutions have reaffirmed the applicability of the Fourth Geneva Convention, the most recent being Human Rights Council resolutions S-9/1 and 10/18 and General Assembly resolutions 63/96, 63/97 and 63/201. In its advisory opinion, the Court recalled that while Israel was not a party to the Hague Convention Respecting the Laws and Customs of War on Land of 18 October 1907 (Convention IV), to which the Hague Regulations are annexed, the provisions of the Hague Regulations had become part of customary international law.
2See various General Assembly resolutions, including 63/201. Also see Security Council resolution 465 (1980), whereby the Council, taking note of the reports of the Commission of the Security Council established under resolution 446 (1979) to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, expressed its concern and requested the Commission to continue to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, and to investigate the reported serious depletion of natural resources, particularly water resources, with a view to ensuring the protection of those important natural resources of the territories under occupation.
3An examination of the concluding observations of different United Nations treaty bodies confirms this view. See A/HRC/8/17, para. 7; CERD/C/ISR/CO/13, para. 32, CRC/C/15/Add.195, CAT/C/ISR/CO/4, para. 11, and A/60/38, part two, paras. 221-268.
4Including border police, Israeli police and Israel Defense Forces.
5Article 2, paragraph 4, of the Charter of the United Nations, the 1970 Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (General Assembly resolution 2625 (XXV), annex) and Security Council resolution 242 (1967) which emphasized the inadmissibility of the acquisition of territory by war.
6For example, the land available for Palestinians in East Jerusalem for the construction of houses is a mere 13 per cent of East Jerusalem, much of which is already built up. Even there it is difficult to obtain permits. Also, the density, known as the plot ratio, permitted is half, or in some cases much less than half, that found in neighbouring Israeli settlements in East Jerusalem, or in West Jerusalem, thus limiting the possibility of housing for Palestinians. Between 1996 and 2000, for example, the number of recorded building violations was four and a half times higher in Israeli areas (17,382 violations) than in the Palestinian areas of East Jerusalem (3,847 violations). In spite of this, the number of demolition orders issued in West Jerusalem was merely one fourth (86 orders) the number in East Jerusalem (348).
7Including violence committed by settlers against Palestinians as well as other violations, such as the damaging of Palestinian property and trespassing.
8It should be noted that these data rely on the monitoring efforts of the Office for the Coordination of Humanitarian Affairs and are not necessarily comprehensive.
9In 2008, 3 settlers were killed and 27 were wounded over the course of 2008 by Palestinians. The International Crisis Group notes that the presence of settlements also generates Palestinian violence; international observers and settlers report recent Palestinian attacks, including drive-by shootings, Molotov cocktails, bombs at settlement gates and a series of stabbings.
10In one case, for example, a lone 15-year-old boy was reportedly assaulted, for no apparent reason, by a group of more than 20 settlers.
11These are only a few of several cases that the United Nations is monitoring that illustrate the extent of the violations occurring to Palestinians owing to settlements and settlers’ violence. For case studies see A/HRC/12/37 and A/HRC/12/48.
12Until 2000, many members of the community performed labour in Israel and earned income. However, as restrictions on holders of West Bank identification entering Israel increased, this became impossible, and now the raising of livestock is one of the main sources of income.
13In one case documented by Defence for Children International — Palestine, on 3 April 2009 two Palestinian boys (one 15-year-old and one 16-year-old) were attacked, for no apparent reason, by three Israeli border police officers and a settlement security guard in a field near Ma’on settlement in Hebron. After being chased and assaulted, the two boys were reportedly put in a police vehicle and transported to a nearby checkpoint, where they were taken out of the vehicle, handcuffed, kicked and beaten in front of approximately 20 other Israeli security force troops. The troops then stood by as a group of six or seven settlers, passing nearby, started throwing stones at the boys. The boys were eventually released when representatives from an international non-governmental organizations, which the boys were unable to identify, arrived on the scene and negotiated their release with the troops. In several other cases, settlers have been filmed committing violent acts against Palestinians in the presence, and sometimes even with the participation, of Israeli security forces.
14The most recent information available, from 2006, indicates that the water supply is reduced from 15 to 25 per cent in the summer months.