A/81/339
Power’s 13 control over the entry of all rebuilding materials, equipment and financial
resources 14 had already foreclosed any real recovery or reconstruction after successive
hostilities in 2008, 2012, 2014, 2021 and 2022. Since 7 October 2023, Israel has
devastated the overwhelming majority of homes and civilian infrastructure. 15 Although
the ceasefire agreement of October 2025 explicitly called for the immediate
resumption of humanitarian aid, 16 reconstruction remains severely constrained by
bans or tight controls on so-called “dual-use” items, including steel, cement and heavy
equipment. 17
16. In situations of overlapping or disputed territorial authority, recovery and
reconstruction priorities are shaped by multiple decision-making centres and by
varying constraints imposed on humanitarian and development activities across areas.
This has been observed in Yemen, where displaced persons’ capacity to influence
reconstruction decisions depends on the extent to which safe and neutral channels
exist to transmit their needs within each area of control. 18
17. The cessation of hostilities and the end of occupation constitute necessary
conditions for reconstruction at scale. 19 Ceasefire agreements and security guarantees
are critical to establishing the minimum conditions for recovery, including safe and
sustained freedom of movement, restoration of livelihoods, access to essential
services and access to housing, land and property.
18. Even where hostilities have largely ceased, preconditions for reconstruction
may remain incomplete, and their sequencing determines whether returns hold. In
some post-conflict settings, explosive ordnance contamination conditions everything
that follows, obstructing the resumption of agriculture, the reopening of schools and
the start of reconstruction itself. Unresolved housing, land and property claims, absent
services and livelihoods, and the fate of missing persons equally determine whether
return is sustainable.
19. Reconstruction need not be delayed indefinitely until full security and stability
have been restored. However, where camp closures or return targets outpace these
preconditions, reconstruction entrenches displacement rather than resolving it; and
without parallel attention to the underlying drivers of conflict, occupation or disputed
sovereignty, reconstruction rests on fragile foundations.
IV. Reconstruction and internally displaced persons:
key elements
A.
Durable solutions
20. A durable solution is achieved when internally displaced persons no longer have
any specific assistance or protection needs linked to their displacement and are able
__________________
13
Legal Consequences arising from the Policies and Practices of Israel in the Occupied
Palestinian Territory, including East Jerusalem, Advisory Opinion, I.C.J. Reports 2024,
paras. 93 and 94.
14
Communication ISR 25/2025.
15
World Bank, European Union and United Nations, Gaza Strip Rapid Damage and Needs
Assessment (2026).
16
See https://www.peaceagreements.org/media/documents/PS_IL_251010_Implementation_
Steps_for_President_Trumps_Proposal.pdf.
17
Submission from the State of Palestine; and https://www.un.org/unispal/document/ocha-aidtrickles-into-gaza-amid-limited-access/.
18
Submission from Maat for Peace, Development and Human Rights Association.
19
OHCHR, Legal Commentary on the Draft Guiding Principles for Reconstruction in Conflict Affected Countries and Territories, I (a).
6/24
26-12053
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