RECOMMENDATIONS
To the Government of Israel
· Review all military and policing policies applying to the occupied territories of the West Bank and Gaza, including policies on closures, blockades and curfews, to ensure that they are consistent with international humanitarian law and international human rights standards, including the Fourth Geneva Convention.
· Ensure that Israeli security forces, when facing civilian demonstrations or protests, abide by the standards set forth in the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Code of Conduct for Law Enforcement Officials, and are provided with the equipment and training necessary for this purpose.
· Take immediate action to end the excessive and indiscriminate use of force by the Israeli security forces against civilians. Security forces should not use firearms in situations of civilian protest except where this is strictly unavoidable to defend themselves or others against the imminent threat of death or serious injury. Whenever firearms are used, great care should be taken not to inflict injury on civilians.
· Ensure that Israeli security forces avoid disproportionate harm to civilians or civilian objects during exchanges of fire between Israeli and Palestinian security forces.
· Conduct immediately a full and impartial inquiry into the policy of "liquidation" of Palestinians alleged to have been involved in attacks on Israeli security personnel and civilians in order to ensure that no civilians have been or will be targeted.
· Acknowledge responsibility for and make public all cases of individuals killed or wounded to date as a result of the "liquidation" policy, and make public the factual basis and supporting evidence for the decision to assassinate these individuals. Disclose the level of command authorized to order an assassination, the process for reviewing such orders, and the person or body ultimately accountable for these actions.
· Establish an independent commission of inquiry to investigate alleged unlawful, deliberate killings by members of the Israeli security forces and bring to justice Israeli security force personnel responsible for such killings.
· Provide compensation to victims of unlawful use of force by Israeli security personnel where this has caused death, disablement, destruction of property, or economic loss.
· Make public the open fire regulations issued to members of the Israel Defense Force and the police, and ensure that these regulations comply with the U.N. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the U.N. Code of Conduct for Law Enforcement Officials.
· End the comprehensive policy of closures and curfews in force in the West Bank and Gaza and refrain from imposing restrictions on Palestinian civilians' freedom of movement between and within the occupied territories, including East Jerusalem, except when required by imperative reasons of security, and when the measures imposed are tailored to preventing specific threats against Israeli security. If any restrictions on movement are imposed, ensure that they are not excessive in impact and duration, are subject to regular review, are implemented only when and to the extent necessary, and that measures are adopted that provide alternative forms of relief to the population.
· Ensure that no collective punishment is imposed and lift those measures currently in force that constitute collective punishment.
· Ensure that the Palestinian population has access to an adequate level of health care, food supplies, medical assistance, and other humanitarian goods; ensure that medical personnel are able to carry out their duties and patients are able to reach health-care facilities, by allowing both groups to move freely and ensuring that Palestinian ambulances and their medical personnel are protected and respected under all circumstances, and facilitate the proper working of all institutions devoted to the care and education of children.
· Instruct Israeli security forces, including the IDF, to intervene immediately to prevent or stop attacks on Palestinians and their property by Israeli settlers or other civilians, and ensure that those responsible for such acts are apprehended and brought to justice.
· Allow immediate access to, and cooperate fully with, the human rights special mechanisms of the United Nations as well as other independent international investigators, to investigate allegations of human rights violations stemming from the clashes that began on September 29, 2000.
To the Palestinian Authority
· Review all military and policing policies to ensure that they are consistent with international humanitarian law and international human rights standards.
· Ensure that Palestinian security forces do not themselves participate in attacks on Israeli civilians or civilian objects.
· Ensure that Palestinian authorities act to the fullest extent possible under the law to prevent Palestinian security forces and armed Palestinians from opening fire from positions that may put civilians at risk of injury from Israeli fire.
· Ensure that Palestinian security forces avoid disproportionate harm to civilians or civilian objects during exchanges of fire between Palestinian and Israeli security forces.
· Investigate and bring to justice those security force personnel who disobey orders to refrain from and prevent others from firing on Israeli civilians or civilian objects, and from firing from positions that may put civilians at risk of injury from Israeli fire.
· Make public the guidance the Palestinian Authority provides to its security forces regarding opening fire, and the steps it takes to prevent attacks by armed Palestinians on civilians or civilian objects.
· Provide compensation to victims of unlawful use of force by Palestinian security personnel where this has caused death, disablement, destruction of property, or economic loss.
· Cooperate fully with independent international investigators, including the human rights special mechanisms of the United Nations, investigating allegations of human rights violations stemming from the clashes that began on September 29, 2000.
To the International Community
· Encourage the government of Israel and the Palestinian Authority to implement the above respective recommendations.
· Urge the United Nations Security Council to establish immediately a permanent international presence in the West Bank and Gaza to monitor and report publicly and regularly on the compliance by all parties with international human rights and humanitarian law standards.
· Request the Secretary General to ensure that appropriate United Nations mechanisms report to and inform the Security Council and the General Assembly on a regular basis regarding compliance by all parties with human rights and international humanitarian law standards in the West Bank and Gaza Strip.
To High Contracting Parties of the Geneva Conventions of 1949
· Take immediate action, individually and jointly, to ensure respect for the provisions of the Fourth Geneva Convention.
To the United States
· Support efforts to address human rights and international humanitarian law violations by all parties, including the establishment of a permanent international presence in the West Bank and Gaza Strip to monitor and report publicly and regularly on the compliance by all parties with international human rights and humanitarian law standards.
· Treat serious and systematic violations of international human rights and humanitarian law as requiring immediate remedy, and ensure that the enforcement of human rights and humanitarian law protections are not made subordinate to the outcomes of direct negotiations between the parties to the conflict.
· Monitor and report publicly on the use by Israel of U.S.-supplied and financed military equipment and take steps to ensure that such equipment is used in compliance with international human rights and humanitarian law standards.
To the Member States of the European Union
· Promote a United Nations Security Council resolution that addresses human rights and international humanitarian law violations by all parties and that establishes a permanent international presence in the West Bank and Gaza Strip to monitor and report publicly and regularly on the compliance by all parties with international human rights and humanitarian law standards.
· Treat serious and systematic violations of international human rights and humanitarian law as requiring immediate remedy, and ensure that the enforcement of human rights and humanitarian law protections are not made subordinate to the outcomes of direct negotiations between the parties to the conflict.
· Develop and make public benchmarks for compliance by the government of Israel and the Palestinian Authority with international human rights and humanitarian law commitments as embodied in Article 2 of the Euro-Mediterranean Association Agreements the European Union has negotiated with each party.
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