51猎奇

24 February 2025

Third Committee

Summary record of the 36th meeting

Held at Headquarters, New York, on Wednesday, 30 October 2024, at 10 a.m.

Chair: Mr. Maniratanga (Burundi)

Contents

Agenda item 71: Promotion and protection of human rights

(a)??? Implementation of human rights instruments

(b)??? Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms

(c)??? Human rights situations and reports of special rapporteurs and representatives

(d)??? Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action

The meeting was called to order at 10.05 a.m

Agenda item 71: Promotion and protection of human rights (continued) (A/79/18, , , , , , , and )

(a)??? Implementation of human rights instruments (continued) (, , , and )

(b)??? Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms (continued) (, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and )

(c)??? Human rights situations and reports of special rapporteurs and representatives (continued) (, , , , , , , A/79/232, , , , , , , , and )

(d)??? Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action (continued) ()

1. Ms. Pillay (Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel), introducing the report of the Commission of Inquiry (A/79/232), said that atrocities, attacks on civilians and civilian objects and the forcible transfer of populations were taking place on a daily basis in Gaza, as the siege was being heightened. Hospitals, shelters and schools continued to be targeted, and, two weeks previously, there had been deeply disturbing reports of patients being burned alive in a hospital in central Gaza. It was an outrage that those actions had been allowed to continue unabated. The events of 7 October 2023 should have been a wake-up call regarding the need to end the recurring cycles of violence and retribution, but they had instead led to collective punishment and dehumanization. An immediate ceasefire should be the priority and should pave the way for peace, justice and accountability.
2. Ms. Salem (Observer for the State of Palestine) said that Israel had established an oppressive regime to ensure that all human rights of the Palestinian people were violated. Their freedom was suppressed, their dehumanization was normalized and their independence was endlessly delayed and denied. The Israeli policy of mass detention and imprisonment had led to systematic abuse and physical, psychological and sexual violence. Torture and death in detention were not isolated incidents, but rather intentional policies implemented as part of the Israeli occupation of Palestine.
3. The most painful injustice was the way the occupation was protected, and its crimes justified, enabled or disregarded. The Palestinian people were grateful for the support of those States that adhered to the international law-based order. There was no limit to the double standards. While Israel was no longer hiding its intentions and the occupation was taking the shape of a genocide, Palestinian efforts at the Security Council and the International Criminal Court were obstructed, and its activities at the International Court of Justice had led to threats.
4. Those delegations that were uncomfortable with the open-ended mandate of the Commission of Inquiry should explain when the unlawful occupation would end. Those who believed that United Nations reports singled out Israel should be reminded that the representative of Israel had shredded the Charter of the United Nations on the General Assembly podium and that the Israeli Government had attacked every institution and rule underlying the international law-based order.
5. No State could claim that it did not know that Israel would kill and forcibly displace masses of innocent Palestinian civilians, that it would use starvation as a weapon of war, that it would inflict maximum destruction on every aspect of life in the Gaza Strip and that it would continue to advance its colonization of the West Bank, including East Jerusalem. Delegations could choose to be complicit in genocide or act to stop it.
6. Mr. Borlone Díaz (Chile) said that his delegation condemned the continued attacks on medical facilities by Israeli forces, which had directly affected the sexual and reproductive health of women and girls in Gaza. Chile joined the Commission of Inquiry in calling upon Israel, the occupying Power, to end the siege of Gaza, ensure that the entire population had adequate access to health services and guarantee that the health system would be rebuilt. The harm done to the civilian population, especially children, would be felt for decades.
7. Ms. Maillé (Canada) said that her delegation remained concerned about the Commission of Inquiry’s open-ended mandate and the Human Right Council’s long-standing and disproportionate focus on Israel. Canada was also profoundly troubled by the catastrophic humanitarian crisis in Gaza and the displacement of civilians. It condemned the terrorist attacks perpetrated by Hamas against Israel on 7 October 2023 and continued to call for the immediate release of the hostages. Work must be done to counter impunity and promote accountability based on universally applied standards.
8. Mr. Oehri (Liechtenstein) said that the terrorist attack by Hamas on 7 October 2023 had amounted to a crime against humanity. The widespread suffering of civilians in the Gaza Strip, many of whom were children, was unacceptable. He asked the Chair of the Commission of Inquiry to elaborate on the responsibility of the parties to the conflict under international humanitarian law.
9. Mr. Gohar (Pakistan) said that the Commission of Inquiry’s finding that Israel was pursuing a calculated policy to dismantle the healthcare infrastructure of Gaza was part of a genocidal campaign. Pakistan demanded an immediate and unconditional ceasefire. The Israeli humanitarian blockade must be broken, and Israel must be obliged to allow essential supplies, food and medical aid into Gaza. He asked the Chair of the Commission of Inquiry to elaborate on the mechanisms that the international community could use to hold Israel accountable for the systematic destruction of healthcare facilities in Gaza.
10. Ms. Joyini (South Africa) said that the report of the Commission of Inquiry revealed the extent of imprisonment, abuse and torture of the Palestinian people carried out by Israel. The treatment of children was particularly shocking. The incidents described were a clear violation of international human rights law and United Nations treaties. Israel enjoyed unprecedented impunity to breach international law and norms, and its continued shredding of international law had imperilled the institutions of global governance that had been established to hold all States accountable.
11. Mr. Shrier (United States of America) said that his delegation remained deeply concerned about the scope and open-ended mandate of the Commission of Inquiry, which reflected a bias against Israel. The United States condemned the horrific attacks by Hamas and supported the right of Israel to self-defence. His Government continued to work towards an immediate ceasefire in Gaza that would enable the release of hostages and a surge in humanitarian assistance. It had made clear to the Israeli Government that it must do more to address the intolerable and catastrophic humanitarian crisis in Gaza.
12. Ms. Al-mashehari (Yemen) said that her delegation fully supported the work of the Commission of Inquiry and appreciated its important recommendations. Its report presented a clear and disturbing picture of the continued deterioration of the human rights situation in the Gaza Strip and the West Bank as a result of the continued Israeli aggression and the systematic attempts to destroy the healthcare system. Yemen called for an immediate ceasefire, a halt to attacks on medical personnel and the unobstructed delivery of medical supplies.
13. Mr. Barreto Da Rocha Paranhos (Brazil) said that his delegation was alarmed by reports of indiscriminate attacks by Israel on medical facilities, including paediatric units, as well as by reports of the mistreatment of prisoners, forced displacement and famine. Brazil called for the immediate release of Israeli hostages and a ceasefire. It emphasized the importance of supporting the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and of full compliance with United Nations resolutions and the provisional measures of the International Court of Justice. Brazil remained committed to a two-State solution.
14. Mr. Lamce (Albania) said that the Commission of Inquiry’s report was unbalanced, as it failed to reflect the harmful role played by Hamas and other terrorist groups that aimed to cause indiscriminate destruction and civilian casualties. Their actions were not only illegal and immoral, but also threatened the security and well-being of Israelis and Palestinians. Furthermore, Albania was deeply concerned about the open-ended nature of the Commission of Inquiry. Any failure to adhere to independence and impartiality could be counterproductive to efforts to advance peace between the parties to the conflict.
15. Mr. Young (United Kingdom) said that the humanitarian situation in Gaza had become intolerable and tensions were escalating in the occupied Palestinian territories. While the United Kingdom regretted the establishment of the Commission of Inquiry, it remained committed to upholding human rights and proportionate scrutiny of the situation in Israel and the occupied Palestinian territories. His delegation called for an immediate ceasefire and the release of all hostages. All parties must observe international humanitarian law, protect civilians and respect the United Nations mandate in Gaza.
16. Mr. Mogyorósi (Hungary) said that his delegation had serious concerns about the establishment and work of the Commission of Inquiry, which was a further demonstration of the disproportionate attention given to Israel in the United Nations system. Hungary also reiterated its serious concerns about the open-ended nature of the Commission and about anti-Semitism and anti-Israel bias.
17. Ms. Rodriguez (Cuba) said that her delegation reaffirmed its unconditional support for the Palestinian cause. Cuba was alarmed by the escalation of violence between Israel and Palestine, which had now spread to other countries in the region, and called for an immediate ceasefire and the delivery of humanitarian aid at scale. The bellicose rhetoric and complicity of the United States, which was responsible for the impunity enjoyed by Israel, must cease. She asked the Chair of the Commission of Inquiry what actions the international community could take to put an end to the Israeli occupation and to address violations of the human rights of the Palestinians.
18. Mr. Kovpak (Russian Federation) said that, while his delegation condemned the terrorist attack of October 2023, that attack could not serve as a pretext for the unprecedented bloodshed in Gaza. The Russian Federation was concerned about the deterioration of the human rights situation and the full-scale humanitarian catastrophe in Gaza. His delegation therefore supported the call of the Secretary-General for an immediate ceasefire to ensure unfettered humanitarian access and the unconditional release of all hostages.
19. Ms. Al-Safi (Iraq) said that her delegation condemned the genocide, war crimes and crimes against humanity committed by the occupying forces against the Palestinian people in Gaza and the West Bank and the Lebanese people and called for the perpetrators to be held to account. Iraq also called for the return of seized land and property and for the return of displaced Palestinians to their homes. The Palestinian people must not be prevented from exercising their right to self-determination and sovereignty over the entire Occupied Palestinian Territory.
20. Mr. Ikondere (Uganda) said that his country joined the calls for an immediate ceasefire, the safeguarding of civilians and the upholding of international humanitarian law. Uganda called for greater humanitarian access and urged the international community to increase humanitarian assistance to Gaza. The international community, regional actors and the concerned parties must muster the courage to pursue a just and comprehensive peace in the Middle East based on the relevant United Nations resolutions and the objective of a two-State solution.
21. Ms. Pukaite (Representative of the European Union, in its capacity as observer) said that some States members of the European Union that had been members of the Human Rights Council in May 2021 had not supported the creation of the Commission of Inquiry. Her delegation recalled its principled position of constructive engagement with United Nations bodies and investigative mechanisms and respect for their independence.
22. The European Union condemned the unjustified and violent Hamas attacks of October 2023 and called for an immediate ceasefire in Gaza, the unconditional release of all hostages, the urgent improvement of access and sustained distribution of humanitarian assistance at scale throughout Gaza, and an enduring end to hostilities.
23. Ms. Kim (Australia) said that her delegation called for the unconditional release of hostages and condemned their mistreatment by Hamas. There must be an immediate ceasefire in Gaza and the parties to the conflict must agree to the comprehensive deal endorsed by the Security Council. The killing of civilians and health and aid workers in Gaza must stop. Israel must comply with the binding orders of the International Court of Justice to enable the provision of aid.
24. Australia was deeply concerned about the reported mistreatment of Palestinian detainees and the unlawful detention of Palestinian minors. Israel must grant the International Committee of the Red Cross access to detention facilities. She asked the Chair of the Committee of Inquiry how the international community could ensure respect for international humanitarian law.
25. Mr. Lopez Lorenzana (Spain) said that his delegation supported the mandate of the Commission of Inquiry and recalled the obligation of States to cooperate with that body. Spain recognized the importance of UNRWA for millions of Palestinian refugees and for the response to the humanitarian crisis in Gaza and therefore condemned the adoption of a law by the Knesset that prohibited UNRWA operations. Spain continued to support the two-State solution as the only way to peace in the Middle East and had recognized the State of Palestine.
26. Ms. Ni Mhuircheartaigh (Ireland) said that the actions of Israel violated the Palestinian people’s right to self-determination and were in breach of international law, as stated in the advisory opinion of the International Court of Justice of 19 July 2024 (see A/78/968). The Commission of Inquiry’s findings that Israel had implemented a concerted policy to destroy the healthcare system of Gaza were deeply concerning. Ireland recalled that the imposition of collective punishment was prohibited under international humanitarian law. Ireland condemned the taking and mistreatment of hostages by Hamas and other militant groups. It also urged Israel and all Member States to heed the recommendations of the Commission of Inquiry. Her delegation asked the Chair of the Commission how the international community could ensure the protection of the human rights of all those affected by the conflict.
27. Mr. Ruppacher (Austria) said that Austria fully endorsed the recommendations in the Commission of Inquiry’s report directed to Hamas, including that Hamas should immediately and unconditionally release all hostages and ensure their protection. In view of the catastrophic humanitarian situation in Gaza, Austria reiterated its call for an immediate ceasefire, the sustained distribution of humanitarian assistance at scale and an enduring end to hostilities.
28. Mr. Zahneisen (Germany) said that his delegation remained critical of the open-ended mandate of the Commission of Inquiry. All efforts must be directed towards a ceasefire and the immediate and unconditional release of all hostages. In exercising its right to self-defence, Israel must respect international law, including the obligation to allow humanitarian assistance. As the occupying Power, Israel had the responsibility to ensure accountability for all acts of violence in the occupied Palestinian territories. The only way forward was through negotiations that took into account the legitimate concerns of Israel for its security and the right of the Palestinian people to their own State.
29. Mr. Abd Karim (Malaysia) said that his delegation deplored any attempts to discredit the Commission of Inquiry and its vital efforts to document the egregious human rights violations in the Occupied Palestinian Territory under the Israeli apartheid regime. His delegation asked the Chair of the Commission of Inquiry how she navigated the challenges posed by limited resources and attacks on the Commission. Malaysia also wished to know what the international community could do to ensure that the Commission was able to carry out its mandate effectively.
30. Mr. Fallah-Assadi (Islamic Republic of Iran) said that the situation of occupied Palestine remained a matter of deep concern that required immediate action from the international community. The Israeli colonial regime’s systematic violations of the human rights of the Palestinian people continued unabated. The Islamic Republic of Iran, in line with paragraph 14 of General Assembly resolution , supported the establishment of a robust mechanism to address the crimes of the Israeli apartheid regime.
31. Mr. Purza (Romania) said that the Commission of Inquiry’s report should have included a recommendation that all States condemn Hamas. Romania deplored all acts of unjustified and deliberate violence against civilians, especially women. It took note of the Commission’s conclusions regarding violence against Palestinian women and considered that the Commission should have taken the same tone regarding the horrific violence perpetrated by Hamas against Israeli women.
32. Mr. Kim Nam Hyok (Democratic People’s Republic of Korea) said that his delegation strongly condemned indiscriminate attacks targeting innocent people and critical civilian infrastructure. The Middle East crisis was the inevitable result of the illegal acts of Israel in occupied East Jerusalem and the rest of the Palestinian territory. Israel must immediately cease all military attacks and human rights abuses in the Gaza Strip. His delegation expressed its unwavering support for the Palestinian people in their struggle to regain their legitimate rights, including the right to an independent State with East Jerusalem as its capital.
33. Mr. Lippwe (Federated States of Micronesia) said that his delegation recognized the importance of addressing human rights violations and ensuring accountability, but such efforts must remain impartial. Micronesia stood firmly against the targeting of civilians and the acts of Hamas and other terrorist groups that perpetuated conflict and instability in the region. It called for an immediate ceasefire and the unconditional release of all hostages.
34. Mr. Sahraoui (Algeria) said that the international community had a moral responsibility in the face of the continued deterioration of the situation in the Gaza Strip, where the Palestinian people were being subjected to genocide. The occupying Power did not hesitate to assault the right to life and dignity. Meanwhile, the invocation by other States of the Israeli occupier’s right to self-defence, a right with no legal or moral basis, had reinforced its sense of impunity. Accountability for all the documented violations continued to be lacking.
35. Ms. Orduz Duran (Colombia) said that the attacks on civilian targets and medical infrastructure had adversely affected the care of the wounded and the provision of basic health services in Gaza, leaving hundreds of patients unable to access treatment. That, in itself, constituted a death sentence. A ceasefire was necessary to preserve the existence of the Palestinian people. The content of the Commission of Inquiry’s report had convinced her delegation that the international community had learned nothing from the events that had led to the founding of the United Nations.
36. Mr. Ismail (Egypt) said that his delegation called for an immediate ceasefire and for the exchange of hostages and detainees. All United Nations agencies must ensure that Israel, the occupying Power, complied with all provisional measures ordered by the International Court of Justice. Israel must end the illegal occupation of the Palestinian territory, all settlement activities, the targeting of civilians and civilian infrastructure, arbitrary detentions and practices leading to forced displacement. Israel must also allow unconditional humanitarian access.
37. Mr. Altrad (Saudi Arabia) said that his delegation reaffirmed its support for an independent Palestinian State with East Jerusalem as its capital and for the right of return of Palestine refugees. Depriving hundreds of thousands of civilians of humanitarian relief as a tool of war was a violation of the most basic human rights. His Government had announced that it would provide monthly financial support to Palestine to address the humanitarian crisis. Saudi Arabia strongly condemned the Knesset’s adoption of legislation banning UNRWA activities. He asked what mechanisms could be used to stop the serious violations committed by Israel.
38. Ms. Yasmeen (Bangladesh) said that her delegation strongly condemned the crime of genocide and crimes against humanity committed by the occupying Power, Israel, against the people of Palestine. Unfortunately, despite the adoption of United Nations resolutions, the massacre of a besieged civilian population continued unabated. The killing of humanitarian personnel also continued. Bangladesh reiterated its call for an immediate and unconditional ceasefire and emergency humanitarian access to the Palestinian people in Gaza and the West Bank. It also reiterated its call for a sovereign, independent Palestinian State based on the pre-1967 borders, with East Jerusalem as its capital.
39. Mr. Xing Jisheng (China) said that the human rights situation in the Occupied Palestinian Territory continued to deteriorate. China called for an end to the harming of civilians and to forced displacement. It also called for a broad-based international peace conference, led and organized by the United Nations, that would develop a road map for the realization of the two-State solution and peaceful coexistence between the Arab and Jewish peoples.
40. Mr. Al Nahhas (Syrian Arab Republic) said that some 43,000 people had been killed in Gaza, most of them children and women. That was only the reported number, however, as no one knew how many dead remained unrecovered under the rubble. The current situation in Palestine did not date back to 7 October 2023, but rather had been unfolding for seven decades. In that time, the Israeli occupation, taking advantage of the impunity offered by some Western countries, had carried out a brutal colonial policy of ethnic cleansing, apartheid, land confiscation, torture and the arrest of children.
41. Ms. Harris (Nauru) said that the Commission of Inquiry demonstrated systemic bias against a specific nation and had been established without a sunset clause, enabling it to investigate all future developments as it saw fit. Furthermore, the Commission’s reference to the 75-year-long Israeli occupation raised significant concerns regarding the rights of Member States to exist and thrive. It was questionable whether the Commission could uphold the principles of non-selectivity, impartiality and objectivity, as its members seemed to challenge the very right of Israel to exist.
42. Ms. Pella (Indonesia) said that the report of the Commission of Inquiry exposed the brutality faced by the Palestinian people. Despite its flagrant violation of a litany of international laws and United Nations resolutions, Israel continued unchecked and unpunished for its action. The occupying Power must be held accountable and comply with all provisional measures of the International Court of Justice. Indonesia called upon all Member States to take decisive, concrete measures and to support the further work of the Commission.
43. Ms. Pillay (Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel) said that the Commission of Inquiry’s open-ended mandate was related to the open-ended nature of the Israeli occupation itself. Many delegations had called for compliance with international humanitarian law and for a cessation of hostilities. The Commission members added their voices to the demand for an immediate and full end to the siege imposed on Gaza and the release of all those arbitrarily detained. It also demanded the release of all hostages.
44. Reference had been made to the Commission’s inadequate attention to the acts of Hamas of 7 October 2023. She recalled that the Commission had issued a statement on 10 October 2023 demanding the release of the hostages and warning that the acts of 7 October amounted to war crimes.
45. The Commission’s report specifically addressed attacks against medical facilities and personnel. She hoped that Member States would pay attention to the detailed accounts of the destruction of hospitals. The rights of all detainees inside Israel and of all hostages must be protected and upheld. The Commission had repeatedly emphasized that atrocities committed by one side did not justify atrocities committed by the other and had noted that the 7 October attacks and the subsequent escalation of the conflict had been preceded by decades of violence and retribution, dispossession, unlawful occupation and denial of the Palestinians’ right to self-determination. In line with the unambiguous advisory opinion of the International Court of Justice, the Commission stressed that the illegal presence of Israel in the Occupied Palestinian Territory must end.
46. Delegations had asked about the responsibilities of States and what they could do to uphold international human rights law. The Commission had issued a position paper, available on its website, that set out the obligations of Israel, Member States and institutions of the United Nations. All Member States and the United Nations had a legal obligation to work to bring to an end the unlawful occupation and to ensure that the Palestinian people were able to exercise their right to self-determination. The International Court of Justice had directed Member States to distinguish between the two parties to the conflict in their dealings with Israel and the Palestinian Authority. There was no equivalence between the two sides. The Court had provided clear guidance on how a two-State solution would work. Such details had been absent even from previous initiatives proposed within the United Nations or by Member States. The Commission had therefore suggested in its position paper that a special mechanism be established by the General Assembly to consider how best to implement the Court’s decisions.
47. Ms. Albanese (Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967), introducing her report (A/79/384), said that, in March 2024, two months after the International Court of Justice had recognized the plausible risk of genocide in Gaza, she had advised the Human Rights Council that there were reasonable grounds to believe that a genocide was unfolding. Despite a Security Council resolution and provisional measures taken by the Court aimed at addressing the situation, the Israeli assault had intensified and expanded beyond Gaza. Recent figures indicated that at least 155,000 Palestinians in Gaza had been killed, injured, maimed or buried under rubble. Entire families had been exterminated and over 17,000 children had been massacred. Gaza was currently a wasteland of rubble and human remains where survivors clung to life amid widespread deprivation and disease. In the previous three weeks alone, Israel had orchestrated a ferocious assault on northern Gaza, besieging, displacing, bombarding, burning alive, abducting and executing thousands of civilians. Similar patterns were evident in the West Bank, where Israel had laid siege to towns and refugee camps and destroyed roads and water and energy infrastructure, all while displacing 3,200 Palestinians and depopulating 18 communities.
48. The current catastrophe should have been stopped by the Security Council in October 2023, after dozens of United Nations independent experts had issued warnings. Subsequently, there had been other key moments when alarms had been raised, such as when the International Court of Justice had adopted its first set of provisional measures or when she had presented her first report, before the invasions of Rafa and Lebanon. Instead of efforts to end the catastrophe, however, there had been silence or, worse, justifications for the actions of Israel from a small number of influential States.
49. Ms. Salem (State of Palestine) said that those representatives of Member States that had called the reports of special procedures mandate holders biased or one-sided would reconsider their view if they had to live like the Palestinians, who had to watch the Israeli occupying forces destroy their homes, be subjected to checkpoints restricting their movements, face violent threats from armed settlers, and watch sick children die while awaiting permission to exit Gaza to access medical treatment.
50. The Israeli Government, like any criminal, would not admit that its actions constituted war crimes, crimes against humanity and the crime of genocide. It would continue to undermine truth-tellers, including the Secretary-General, the judges of the International Court of Justice, the United Nations High Commissioner for Human Rights and special procedures mandate holders, by levelling false accusations of anti-Semitism and terrorism. Her delegation appreciated those who remained focused on the massive human rights and humanitarian crisis in the Occupied Palestinian Territory, including East Jerusalem.
51. Israel systematically targeted Palestinian life and livelihood, including UNRWA, the backbone of the humanitarian and aid delivery structure, which was indispensable to civilians in the Gaza Strip. While Israel could attempt to remove Palestine from the world map, the Palestinian people would not disappear. Indeed, there were delegations present of Member States that had once been removed from the map by their colonizers and occupiers, but had prevailed. She invited Member States to choose the right side of history by ensuring accountability, halting the transfer of arms to Israel, enforcing a ceasefire and ending the genocide and the unlawful occupation.
52. Mr. Poveda Brito (Bolivarian Republic of Venezuela) said that more than 43,000 Palestinians had been killed in the Gaza Strip as a result of the genocidal onslaught by the extremist Government of Israel. His Government expressed its full solidarity with the just cause of the Palestinian people in the context of the worsening human rights situation. It was a political and moral contradiction for self-proclaimed champions of human rights to remain silent or to refer to nuances with respect to the situation in the State of Palestine, as they were the ones that promoted the war, supplied weapons and financed the genocide.
53. Mr. Ikondere (Uganda), speaking on behalf of the Movement of Non-Aligned Countries, said that the Movement was gravely concerned about the Special Rapporteur’s warnings of an unfolding genocide in the Gaza Strip. It called for an immediate halt to all attacks on civilians; for the protection of the Palestinian civilian population in accordance with international law, including humanitarian law and human rights law; and for an immediate humanitarian ceasefire as a step towards a permanent cessation of hostilities. The Movement also called for immediate, unimpeded and sufficient humanitarian assistance to meet the needs of the Palestinian civilian population and to enable urgently needed reconstruction and recovery, especially of homes and vital infrastructure.
54. Mr. Borlone Díaz (Chile) said that his delegation supported the mandate of the Special Rapporteur and noted the unprecedented attacks recently directed against her. Although the special procedures were not exempt from constructive criticism, they must be able to work independently and free of pressure. Chile reiterated its support for the International Court of Justice, which would be responsible for determining whether the acts committed qualified as genocide. The facts as reported were alarming, however, and the refusal of Israel to allow the Special Rapporteur to enter the Occupied Palestinian Territory only increased the international community’s concern.
55. Mr. Oehri (Liechtenstein) said that his delegation was very concerned about the Israeli military operation in the West Bank, in particular the disproportionate use of force resulting in the loss of life. He asked the Special Rapporteur to elaborate on the situation in the West Bank, specifically the violence perpetrated by extremist settlers. He also asked her what conclusions she had drawn from the advisory opinion of the International Court of Justice.
56. Ms. Nassrullah (Iraq) said that her delegation fully supported the mandate of the Special Rapporteur to shed light on the suffering of the Palestinian people. Iraq called on the international community to uphold its legal and moral responsibilities and to halt its strategic support for the occupation, which was aimed at ending the existence of the Palestinian people in their territory.
57. The silence of the international community in the face of the heinous crimes against the Palestinian people had encouraged the occupier to inflict aggression on the Lebanese people, in a flagrant violation of the sovereignty, political independence and territorial integrity of Lebanon. Iraq reiterated its support for the right of the Palestinian people to establish an independent State, with Al-Quds al-Sharif as its capital.
58. Ms. Ochoa Espinales (Nicaragua) said that her delegation opposed all forms of colonialist and imperialist domination and exploitation. It condemned the genocide, occupation and permanent aggression against the Palestinian people, the main victims of which were children. Nicaragua called on the United States and Western countries to stop supplying military equipment of any kind to Israel. They must stop being accomplices to genocide and comply with their obligations under international law, international humanitarian law and the Charter.
59. Mr. Moussa (Djibouti) said that, in her report, the Special Rapporteur described gruesome atrocities and unpardonable human rights violations openly committed in Gaza and the West Bank. Djibouti fully supported her recommendations. It was hoped that action would soon be taken to protect human rights and, most importantly, hold the perpetrators of violations accountable. Otherwise, the international community would be perceived as condoning the continuation of the genocide.
60. Ms. Birkeland (Norway) said that the news from the north of Gaza was devastating; the entire population was at risk of dying. Israel had a responsibility to ensure safe and unhindered humanitarian access in line with international law. Norway called for an immediate ceasefire and for the unconditional and immediate release of hostages by Hamas. The ongoing violence in the West Bank was also unacceptable.
61. Despite numerous demands from the United Nations, violations of international law had continued with increasing severity. Norway would introduce a resolution to the General Assembly requesting the International Court of Justice to give an advisory opinion on the obligations of Israel to facilitate assistance to the Palestinian population. Her delegation asked the Special Rapporteur for her views on the legislation recently adopted by the Knesset and how it would affect her priorities.
62. Ms. Dbouk (Lebanon) said that, for 57 years, Israel had carried out its illegal occupation of the Palestinian territories, ignoring all United Nations resolutions and advisory opinions of the International Court of Justice. According to the report of the Special Rapporteur, the crimes committed by Israel against the Palestinians amounted to genocide, as all material and moral elements of that crime were present. The horror of the massacres was no secret. Israel had even burnt displaced persons alive in their tents.
63. Mr. Abd Karim (Malaysia) said that the unfolding human tragedy was rooted in decades of dispossession, discrimination and what had been described as genocide. In the light of those grim realities, his delegation asked what specific obstacles the Special Rapporteur had encountered in her efforts to gather evidence and engage with relevant stakeholders, especially given the severe restrictions on her access. Malaysia also wished to know what forms of support from Member States would best enable her to carry out her mandate effectively.
64. Ms. Al-mashehari (Yemen) said that the systematic genocide by the Israeli occupation against the Palestinian people was the outcome of forced displacement and the targeting of the rights of the Palestinian people for more than 75 years. Her delegation wished to know what measures should be taken to establish an international mechanism to monitor the violations committed under the Israeli occupation and to ensure that the perpetrators were held accountable.
65. Ms. Al-thani (Qatar) said that her delegation was deeply concerned about the serious violations of human rights detailed in the Special Rapporteur’s report. The violence unleashed by Israel against the Palestinian people was part of its deliberate and systematic forced displacement efforts. More than 42,000 Palestinians had been killed and more than 97,000 wounded. As a result of Israeli aggression on the Gaza Strip and the West Bank, Palestinians suffered extremely harsh conditions, an unmistakable violation of international humanitarian law. Qatar reiterated that the Palestinian people must be allowed to enjoy their legitimate rights.
66. Mr. Fallah-Assadi (Islamic Republic of Iran) said that his delegation concurred with the Special Rapporteur that genocide was a process and not a single act. What the Palestinians had endured over seven decades was a manifestation of that. The advisory opinion of the International Court of Justice underlined that the Israeli occupation was illegal. The Islamic Republic of Iran strongly condemned the prolongation of the genocide in Gaza. His delegation asked the Special Rapporteur to explain what action should be taken by the international community to curb the apartheid regime.
67. Ms. Joyini (South Africa) said that her delegation appreciated the Special Rapporteur’s contextualization of the situation within a decades-long process of territorial expansion and ethnic cleansing aimed at liquidating the Palestinian presence in Palestine. In that context, on 28 October 2024, South Africa had filed a memorial with the International Court of Justice that contained evidence that the Government of Israel had violated the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The evidence demonstrated intent on the part of Israel to commit genocide, the failure by Israel to prevent incitement to genocide, its failure to prevent genocide and its failure to punish those inciting and committing acts of genocide.
68. Ms. Rodriguez (Cuba) said that her delegation strongly condemned the killing of civilians, especially women, children and United Nations humanitarian workers. The occupying Power’s indiscriminate bombardment of Gaza and destruction of hospitals and civilian infrastructure was a systematic violation of the human rights, including the right to life, of an entire population. Cuba called for an immediate and permanent ceasefire. Nothing could justify the genocide perpetrated by Israel against the Palestinian people.
69. Mr. Barreto Da Rocha Paranhos (Brazil) said that his delegation condemned the continuing attacks on civilians by all parties. It urged Israel 51猎奇 the provisional measures issued by the International Court of Justice and renewed its call for the cessation of all hostilities, the release of all hostages and the urgent provision of adequate humanitarian aid for Gaza. The recent law passed by the Knesset posed a threat to the life-saving work carried out by UNRWA. The indiscriminate destruction in Gaza was hindering a potential political solution to the conflict and undermining the viability of the two-State solution.
70. Mr. Dimitrov (Bulgaria) said that, while his delegation supported the work of special procedures mandate holders, they should be guided by the Code of Conduct for Special Procedures Mandate Holders of the Human Rights Council to ensure that they were objective and non-selective in their consideration of human rights issues. All forms of discrimination and hate speech should be opposed, so as not to undermine trust in special procedures.
71. Mr. Sahraoui (Algeria) said that efforts must be made to put an end to the heinous acts committed by the occupying Power, Israel, in the Palestinian territories and to hold the perpetrators accountable. The systematic policies and practices aimed at annihilating the Palestinians and Palestinian identity constituted genocide under international law. The acts of the Israeli occupier could not be justified as self-defence, as it was an aggressor against the real owners of the Palestinian territory. He asked the Special Rapporteur if she thought that a reactivated Special Commission against Apartheid might be suited to examining the policies of the occupation.
72. Ms. Jabou Bessadok (Tunisia) said that her delegation fully supported the Palestinian people in their legitimate struggle to regain their stolen land. The international community must realize that the current situation was not the result of the events of 7 October 2023, but was rather part of a long process of forced displacement and the denial of the rights of the Palestinian people. She asked the Special Rapporteur to share her assessment of the recent actions by the Knesset against UNRWA and their connection with the violation of international law and attacks on the United Nations.
73. Ms. Ni Mhuircheartaigh (Ireland) said that her delegation was deeply concerned about the legislation recently passed in Israel in relation to UNWRA. The Agency had a mandate from the General Assembly and was irreplaceable for millions of Palestinian refugees, in particular those in Gaza. Her Government welcomed the recent advisory opinion of the International Court of Justice, for which Ireland had made written and oral submissions.
74. All parties to a conflict had the obligation to respect human rights and ensure the protection of civilians at all times, in line with international humanitarian law. She asked the Special Rapporteur to share her views on how to ensure that all parties to the conflict were held accountable for their actions.
75. Ms. Pukaite (Representative of the European Union, in its capacity as observer) said that her delegation strongly condemned the terrorist attacks on Israel by Hamas of 7 October 2023. The European Union reiterated its call for an immediate ceasefire in Gaza, the unconditional release of all hostages, improved access for and sustained distribution of humanitarian assistance at scale throughout Gaza, and an enduring end to hostilities. It also condemned the further escalation of the situation in the West Bank, including East Jerusalem, following increased settler violence and the expansion of settlements.
76. Ms. Orduz Duran (Colombia) said that the international community’s inaction spoke louder than any denunciation. Despite Security Council and General Assembly resolutions and the advisory opinion and provisional measures of the International Court of Justice, the attempts to eradicate the Palestinian people had not ceased. The Special Rapporteur’s report provided a glimpse of what the possible outcome would be if the aggression was not stopped. She asked what more was needed for the international community to take action to stop the genocide of the Palestinian people.
77. Ms. Dhanutirto (Indonesia) said that her delegation was deeply concerned by the ongoing reprisals against the Special Rapporteur for simply fulfilling her mandate. Systematic destruction, forced displacement and intentional deprivation had become horrifying realities for Palestinians. Israel must be held accountable and the path to justice must be supported. Delegations must ask themselves whether the response would be as muted if the crimes in question were occurring elsewhere.
78. Mr. Ismail (Egypt) said that his delegation was deeply concerned by the deterioration of the humanitarian situation in the Palestinian territory. The continued failure by the international community to defend the humanitarian principles eroded by Israeli atrocities would have negative consequences for international peace and security. The flagrant and systematic Israeli crimes in the territory should be denounced. Egypt also condemned the adoption by the Knesset of legislation banning the operation of UNRWA, in violation of the Charter of the United Nations, as the Agency was indispensable.
79. Mr. Nahhas (Syrian Arab Republic) said that delegations describing the actions of Israel as self-defence had seemingly forgotten that Israel was an occupying force. It existed on another’s land by force, stealing natural resources and violating international law without any respect for State sovereignty. Killing women and children and targeting schools did not constitute acts of self-protection. His delegation condemned the brutal crimes committed by that barbaric regime and viewed States providing weapons and financial support as accomplices.
80. Mr. Altrad (Saudi Arabia) said that the gross human rights violations to which the Palestinian people had been subjected since 7 October 2023 were the continuation of decades of systematic violations of their right to self-determination. The silence over the Israeli war machine’s human rights violations and its deliberate killing of civilians must not continue. The security of the region was inextricably linked to the resolution of the Palestinian issue. In that regard, his delegation looked forward to the results of the high-level meeting of the Global Alliance for the Implementation of the Two-State Solution, including specific timelines for such implementation.
81. Mr. Xing Jisheng (China) said that the Special Rapporteur had withstood pressure and spoken out for the legitimate rights of the Palestinian people. The previous day, the representative of the United States had placed political pressure on the Special Rapporteur on social media, fully exposing that country’s hypocrisy on human rights issues. The General Assembly should urge all countries to stop providing weapons and equipment that could be used in the occupied Palestinian territories.
82. The previous day, Australia and other Member States had called for an arms embargo on Myanmar on the grounds of human rights violations. In that regard, China urged Australia and other countries to sign the joint letter to be submitted by Türkiye to the Secretary-General (A/79/572-S/2024/802); otherwise, their words and deeds would prove hypocritical.
83. Ms. Yasmeen (Bangladesh) said that the current genocide was part of a century-long project of eliminatory settler colonialism in Palestine. In her report, the Special Rapporteur had recommended that Member States should formally recognize Israel as an apartheid State and persistent violator of international law and warn Israel of possible suspension of its membership in the United Nations under Article 6 of the Charter. Israel had declared the Secretary-General to be persona non grata and had passed a law to ban UNRWA. She asked the Special Rapporteur how Member States should deal with that ban.
84. Ms. Qamash (Jordan) said that her delegation was deeply disturbed by the Special Rapporteur’s findings, which revealed that Israel had systematically violated the rights and security of Palestinians. Jordan condemned any attempt to undermine the credibility and work of United Nations agencies and rapporteurs documenting such atrocities, as that only enabled impunity. The International Court of Justice advisory opinion of July 2024 found that Israel had violated Palestinians’ fundamental rights, in contravention of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination. Jordan called for an immediate ceasefire so that urgent relief could be brought to civilians.
85. Ms. Idres (Sudan) said that her delegation condemned the genocide, ethnic cleansing and other atrocities committed by the occupation forces against the Palestinian people in Gaza and the West Bank. Those crimes must not be tolerated by the international community. Immediate and decisive action must be taken to end the suffering, which had been ongoing for 75 years. The Sudan reaffirmed the right of the Palestinian people to establish their own State with Al-Quds al-Sharif as its capital.
86. Mr. Camprubí (Observer for the Sovereign Order of Malta) said that prolonged armed conflict had deprived an alarming number of Palestinians of their fundamental rights. In Gaza, civilians lacked secure access to food, clean water, essential medical care and safe shelter. Humanitarian organizations must be allowed to operate without obstruction. The Sovereign Order of Malta remained deeply committed to serving all civilians, irrespective of their backgrounds. In Bethlehem, the Order’s Holy Family Hospital was the primary maternity and neonatal critical care centre for the surrounding area, and, in Gaza, the Order had delivered aid shipments to those most in need. Only by safeguarding the rights of the vulnerable could the international community foster genuine peace, prosperity and hope for all civilians.
87. Ms. Salem (State of Palestine) said that her delegation wished to thank all Member States that had expressed solidarity with the Palestinian people. It was particularly grateful to South Africa for taking up the case against Israel at the International Court of Justice and to all those who recognized the State of Palestine and the right of the Palestinian people to freedom and self-determination.
88. Ms. Albanese (Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967) said that the legislation on UNRWA adopted by the Israeli parliament was yet more evidence of the Government’s unwillingness to respect international law and engage with the United Nations. The law had come at the end of a year in which Israel had attacked United Nations premises with weapons, killed over 230 of the Organization’s staff members and vilified its officials, including the Secretary-General. What Israel had done went against everything the Organization stood for, which is why she had recommended that Member States consider suspending its membership until it ended the genocide and the occupation.
89. She was shocked that many delegations had delivered the same statements as the previous year. States that had remained silent about the situation in Gaza demonstrated an absence of empathy that would make them increasingly irrelevant, and not only to people in the global South. In Western countries, young people were being shown that human rights were an appropriate subject to be taught in schools and universities, but that they must not dare to exercise freedom of assembly and freedom of expression in support of Palestine. She urged those States that had expressed intentions of joining the proceedings of the International Court of Justice to do so quickly.
90. It was disappointing that one year into the genocide, some States sought to avoid the debate by obscuring themselves behind technical and reductive reasoning, while others had not mentioned the content of her report at all. States had an obligation under the Genocide Convention to prevent genocide. To remain in compliance with international law, States were obliged to impose sanctions on Israel and review their own diplomatic, economic, political, military and strategic ties with it.
91. Ms. Dyfan (Independent Expert on the situation of human rights in Somalia), introducing her report (; see ), said that Somalia had made strides in advancing its human rights agenda through the strengthening of legal and institutional frameworks. Notably, a five-year strategic development plan aimed at implementing the Government’s human rights commitments, which was aligned with the National Transformation Plan and the national mechanism for reporting and follow-up, had recently been launched. The election of Somalia as a member of the Security Council was a welcome opportunity for the country to accelerate its efforts to uphold its human rights obligations, including through continued engagement with the international human rights mechanisms and her mandate. Notwithstanding that progress, much more remained to be accomplished. She therefore called on the international community to increase technical assistance to the Government and civil society organizations so that they could help to build strong institutions.
92. Mr. Kurek (Poland) said that the scale and persistence of sexual and gender-based violence, including conflict-related sexual violence, remained a serious challenge in Somalia and was exacerbated by the lack of accountability for perpetrators. In addition, abuses of civil and political rights still occurred in the country. The only way to improve the human rights situation and to mitigate the security and humanitarian crisis was through genuine dialogue with the Government. Poland acknowledged the readiness of the Government of Somalia to cooperate with international human rights mechanisms and to align the law with international human rights obligations.
93. Recalling the initiative of the state of Galmudug to pass a law criminalizing female genital mutilation, he asked the Independent Expert what measures should be taken to effectively implement similar laws in all regions controlled by the Government.
94. Ms. Rathe (Switzerland) said that her delegation was deeply concerned about the fact that 38 executions had taken place in Somalia in 2023. It strongly condemned the execution of four minors in August 2024 and recalled that international law strictly prohibited such use of the death penalty. She asked the Independent Expert for her recommendations on how to encourage the Somali authorities to declare a moratorium on the death penalty.
95. The persistent targeting of civilians and civilian infrastructure, the unstable security situation and food insecurity were all cause for concern. In addition, Switzerland was concerned about the high rates of sexual and gender-based violence and female genital mutilation and called on the Somali authorities to bring the perpetrators to justice.
96. Mr. Pengelly Del Cerro (United Kingdom) said that his delegation commended the enacting of a disability rights law in Somalia in August 2024. Member States nevertheless remained concerned at the ongoing loss of civilian life in the country and the acute vulnerability of women and children to human rights abuses. The United Kingdom was committed to working with the Government of Somalia to enhance basic freedoms, including through the establishment of a national human rights commission and by ensuring that the constitutional review process and all future legislation adhered to international norms. He asked the Independent Expert what the international community could do to help Somalia to build on its recent achievements.
97. Mr. Swann (Representative of the European Union, in its capacity as observer) said that his delegation commended Somalia for its efforts to combat climate change by joining the Taskforce on Access to Climate Finance. The European Union also welcomed the progress made by Somalia in strengthening its legislative and institutional frameworks to fulfil international human rights obligations and encouraged it to rapidly establish the human rights commission mandated by law in 2016.
98. The Federal Government could strengthen its efforts to combat the recruitment and use of children in armed conflict, especially by Al-Shabaab, by ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. In addition, the European Union remained concerned about conflict-related sexual and gender-based violence and the recurrence of female genital mutilation. It was also concerned by potential backsliding in the promotion and protection of women’s rights. Women’s political participation was vital for the future of the country. He asked the Independent Expert for her opinion on how the international community could help Somalia to strengthen its legislative and institutional frameworks.
99. Mr. Bell (United States of America) said that progress has been made in Somalia despite an extremely unstable security situation. It was of the utmost importance that civilians be protected and that the country’s responsibilities under international humanitarian law be upheld, especially as reductions in international peacekeeping forces were being considered. The United States urged the Somalian legislature to pass the juvenile justice bill and the anti-female genital mutilation bill.
100. There had been reports that Somalia had selectively enforced existing laws through the misapplication of criminal libel laws to limit expression. His delegation encouraged Somalia to redirect that capacity towards the enforcement of laws protecting civic space and human rights, including the rights of women and children and labour rights. He asked the Independent Expert what effect a significant reduction of peacekeeping forces would have on human rights in Somalia.
101. Mr. Ismail (Egypt) said that it was important to acknowledge the significant strides Somalia had made in engaging with international human rights frameworks and building strong partnerships with key global stakeholders. Despite the ongoing security challenges, the Government had proactively responded to terrorist threats from groups such as Al-Shabaab. The recent lifting of the arms embargo was a testament to the international community’s confidence in the ability of Somalia to rebuild its security capabilities and protect its citizens. The Government had achieved results when it came to revising the provisional constitution and implementing laws to protect the rights of marginalized groups, women and children.
102. Egypt reaffirmed its full respect for the sovereignty and territorial integrity of Somalia. The African Union founders had been wise to preserve the colonial-era boundaries with the aim of averting conflict and fostering peaceful coexistence. Egypt stressed that any actions taken by countries in the region that exacerbated unrest in Somalia could lead to heightened instability across the region, creating a favourable environment for extremist organizations to recruit and extend their reach in Somalia.
103. Mr. Xing Jisheng (China) said that the best way to improve human rights in Somalia was to help its Government and people to restore peace and stability and to advance development in the long term. In recent years, Somalia had made important progress in terms of reconstruction and the pursuit of peace and security. The United Nations and the African Union Transition Mission in Somalia had entered a critical transition period, and international support should not slacken. Somalia had improved its governance and had called repeatedly for the Organization’s presence in the country to transition from the United Nations Assistance Mission in Somalia to a United Nations country team. The Organization should adjust and streamline the Mission’s mandate on the basis of the two-year transition plan submitted by Somalia and its development priorities, so as to ensure a smooth and orderly transition.
104. Ms. Dyfan (Independent Expert on the situation of human rights in Somalia) said that there had been genuine dialogue with the Government of Somalia regarding the implementation of laws. She welcomed the initiative in Galmudug to outlaw female genital mutilation and encouraged all states of Somalia to do likewise. The international community should support such measures through technical assistance, as Somalia had lost much human and technical capacity as a result of the conflict.
105. Somalia had taken some steps to standardize rules to ensure that children were not executed for crimes, but they were not being applied properly. She would be working with the Special Representative of the Secretary-General on Children and Armed Conflict and other stakeholders to ensure that those rules were being implemented. In the meantime, she was putting together a group of stakeholders that would advocate for a moratorium on the practice.
106. In the previous 18 months, the Government had increased its international engagement, but those efforts were not evident at the national level. She had called upon the Government to ensure the implementation of legislation it had passed. The international community should provide resources to that end. Regarding the adjustment of her mandate, she continued to rely on the seven benchmarks she had identified to assess progress. It appeared that the Government would continue to work towards meeting those benchmarks in the coming years, even though her mandate had been extended for only one year. The Government had agreed that an assessment of the outstanding benchmarks would be made at the end of 2024 to ascertain how much progress had been made.
107. It was difficult to predict the outlook for human rights after the departure of the peacekeepers because it was unclear whether the Government would be able to take over the work of the African Union Transition Mission in Somalia. She welcomed the plans that had been developed for a smooth transition of functions to the Somali army and police. Although the army was fragile, the Government understood that it was expected to ensure that it could take over.
108. The human rights situation would not change as long as the conflict continued. There were instances where the United Nations had set benchmarks or timelines that the country had been unable to meet because the requisite support and oversight mechanisms had been lacking. She hoped that, during the transition, mechanisms could be identified that would ensure accountability for human rights violations committed by the Government, even if her mandate were terminated.

The meeting rose at 12.40 p.m.