A/HRC/RES/55/28
Recalling the assessment of the Independent International Commission of Inquiry on
the Occupied Palestinian Territory, including East Jerusalem, and Israel that Israel has no
intention of ending its occupation and is acting to alter the demography of the Occupied
Palestinian Territory through the maintenance of a repressive environment for Palestinians
and a favourable environment for Israeli settlers and that it is incrementally annexing the
territory,1
Stressing the urgency of achieving without delay an end to the Israeli occupation that
began in 1967,
Affirming the obligation of all parties to respect international humanitarian law and
international human rights law,
Reaffirming the legitimacy of the struggle of peoples for independence, territorial
integrity, national unity and liberation from colonial and foreign domination and foreign
occupation in accordance with international law,
Emphasizing the obligation of States to investigate and prosecute grave breaches of
the Geneva Conventions of 1949 and other serious violations of international humanitarian
law, to end impunity, to uphold their obligations, to ensure respect and to promote
international accountability,
Expressing deep concern that the sale, diversion and transfers of arms and jet fuel
increase the ability of Israel, the occupying Power, to commit serious violations, including
attacks against civilians and civilian infrastructures, disregard international law and seriously
undermine the enjoyment of human rights,
Regretting the lack of progress made in the conduct of domestic investigations in
accordance with international law standards, and aware of the existence of numerous legal,
procedural and practical obstacles in the Israeli and Palestinian civil and criminal legal
systems contributing to the denial of access to justice for Palestinian victims and of their right
to an effective judicial remedy,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the legal consequences of the construction of a wall in the Occupied Palestinian
Territory,
Noting in particular the Court’s reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime are contrary to international law,
Recalling that, in the above-mentioned advisory opinion, the International Court of
Justice affirmed that Israel is the occupying Power of the Occupied Palestinian Territory,
including East Jerusalem, and that Article 51 of the Charter is not applicable to cases where
a threat originates from a territory over which Israel exercises control,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force
and the prohibition of all discriminatory policies and practices, and deeply concerned at the
fragmentation of the Occupied Palestinian Territory, including East Jerusalem, through
settlement activities and other measures that are tantamount to de facto annexation of
Palestinian land,
Gravely concerned that long-standing impunity for international law violations has
allowed for the recurrence of grave breaches and serious violations without consequence, and
stressing the need to ensure accountability for all violations of international humanitarian law
and international human rights law in order to end impunity, ensure the access of victims to
justice and effective remedies, deter further violations, protect civilians and promote peace,
1
2
See A/78/198, A/HRC/50/21 and A/HRC/53/22.