A/HRC/RES/55/28
40.
Reaffirms that children shall be the object of special respect and shall be
protected against any form of indecent assault, emphasizes that any arrest, detention or trial
of Palestinian children by Israel is in violation of the Convention on the Rights of the Child,
and notes that the Israeli policy of holding criminal proceedings against children in military
courts is illegal and falls short of providing the necessary guarantees to ensure respect for
their rights and infringes upon their right to non-discrimination;
41.
Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law and international human rights law are held to account
through appropriate, fair and independent national or international criminal justice
mechanisms and to ensure the provision of an effective remedy for all victims, including full
reparations, and stresses the need to pursue practical steps towards these goals to ensure
justice for all victims and to contribute to the prevention of future violations and international
crimes;
42.
Invites the General Assembly to recommend that the Government of
Switzerland, in its capacity as depositary of the Fourth Geneva Convention, promptly
convene the Conference of High Contracting Parties to the Fourth Convention on measures
to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem,
and to ensure its respect in accordance with article 1 common to the four Geneva
Conventions, bearing in mind the statement adopted by the Conference of the High
Contracting Parties on 15 July 1999 and the declarations adopted by the Conference on 5
December 2001 and 17 December 2014;
43.
Requests the Independent International Commission of Inquiry on the
Occupied Palestinian Territory, including East Jerusalem, and Israel to report on both the
direct and indirect transfer or sale of arms, munitions, parts, components and dual use items
to Israel, the occupying Power, including those that have been used during the Israeli military
operation in Gaza since 7 October 2023, and to analyse the legal consequences of these
transfers, applying international humanitarian law, customary international law related to
State responsibility and the Arms Trade Treaty, where applicable, and to present its report to
the Human Rights Council at its fifty-ninth session;
44.
Requests the Secretary-General, in view of the unprecedent magnitude of
crimes and violations, to ensure the availability of all additional resources, including through
voluntary resources, necessary to enable the Commission of Inquiry to carry out its mandate,
in particular investigative and outreach expertise, and in the areas of legal analysis and
evidence-collection;
45. Requests the Office of the United Nations High Commissioner for Human Rights
to deploy the additional necessary personnel, expertise and logistics to its country office in
the Occupied Palestinian Territory to document and pursue accountability for violations of
international human rights law and international humanitarian law committed in the
Occupied Palestinian Territory, including East Jerusalem;
46.
Requests the United Nations High Commissioner for Human Rights to report
on the implementation of the present resolution to the Human Rights Council at its fiftyeighth session, to be followed by an interactive dialogue;
47.
Decides to remain seized of the matter.
56th meeting
5 April 2024
[Adopted by a recorded vote of 28 to 6, with 13 abstentions. The voting was as follows:
In favour:
Algeria, Bangladesh, Belgium, Brazil, Burundi, Chile, China, Côte d’Ivoire,
Cuba, Eritrea, Finland, Gambia, Ghana, Honduras, Indonesia, Kazakhstan,
Kuwait, Kyrgyzstan, Luxembourg, Malaysia, Maldives, Morocco, Qatar,
Somalia, South Africa, Sudan, United Arab Emirates, Viet Nam
Against:
Argentina, Bulgaria, Germany, Malawi, Paraguay, United States of America
8