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On 9 January 2015, United Nations Secretary-General Ban Ki-moon circulated, as documents of the General Assembly and the Security Council, a letter from the Permanent Representative of Switzerland to the United Nations, Ambassador Paul Seger, and the annex to the letter, which contained the Declaration of the Conference of High Contracting Parties to the Fourth Geneva Convention adopted on 17 December 2014. The letter and the annex are reproduced below (A\/69\/711-S\/2015\/1):<\/i><\/p><\/div>\n\n
Letter dated 29 December 2014 from the Permanent Representative of Switzerland to the United Nations addressed to the Secretary-General<\/strong><\/p><\/div>\n\n
By note verbale of 22 July 2014, Switzerland, in its capacity as depositary of the Geneva Conventions, notified the High Contracting Parties that consultations on the possible convening of a conference of High Contracting Parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War would resume, in accordance with paragraph 5 of General Assembly resolution 64\/10 and in the light of the various reports prepared by the depositary regarding the implementation of this recommendation. As indicated in the report of the United Nations High Commissioner for Human Rights of 7 October 2014 (A\/HRC\/27\/76), in response to a request for additional information in respect of Human Rights Council resolution S-21\/1, Switzerland also informed the Office of the United Nations High Commissioner for Human Rights about the resumption of consultations.<\/p><\/div>\n
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From 28 July to 3 December 2014, Switzerland, through its Permanent Mission in Geneva, held extensive consultations with a broad cross section of High Contracting Parties from all geographic regions, emphasizing its willingness to engage in bilateral dialogue with any other Party that so wished. It also consulted with international stakeholders, such as the International Committee of the Red Cross (ICRC). The consultations focused on the desirability of holding the conference as well as its objective, agenda and modalities. Acting as an impartial facilitator, Switzerland thus sought to determine the will of the High Contracting Parties to the Geneva Conventions. In accordance with existing practice, the depositary conducted these consultations on the understanding that the proposed conference should be inclusive and constructive and have the objective of strengthening respect for international humanitarian law. Based on the comments and contributions of the High Contracting Parties, international humanitarian law and the two previous conferences held in 1999 and 2001, a draft declaration and draft modalities were developed with the goal of reflecting the views of as many of the High Contracting Parties as possible.<\/p><\/div>\n
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In accordance with the agreed modalities, the final draft declaration would be presented for adoption by consensus, without a vote. The Parties should be represented at the level of permanent representatives of the permanent missions in Geneva. Only statements by established groups would be accepted. National statements could not be delivered in the plenary but could be transmitted in writing to the depositary up to 24 hours before the start of the conference. The modalities also stated that the conference would be closed to the public and the media; only selected organizations would be invited to participate as observers.<\/p><\/div>\n
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On 9 December 2014, the depositary found that a critical mass of High Contracting Parties from across regions supported the organization of a conference on the basis of the modalities and the text of the final draft declaration. Therefore, by note verbale of 10 December, the depositary notified all of the High Contracting Parties that a conference would take place. A small number of States Parties expressed their opposition to the holding of a conference and did not participate.<\/p><\/div>\n
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On 17 December 2014, 128 High Contracting Parties participated in the Conference of High Contracting Parties to the Fourth Geneva Convention, held at the World Meteorological Organization in Geneva, and adopted by consensus a 10-point declaration (see annex). The depositary and representatives of ICRC and the United Nations Relief and Works Agency for Palestine Refugees in the Near East delivered statements and several High Contracting Parties spoke on behalf of established groups. The depositary will soon transmit the official conference documents to all High Contracting Parties. This concludes the actions of the depositary in respect of the recommendation set out in paragraph 5 of General Assembly resolution 64\/10.<\/p><\/div>\n
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I should be grateful if you would have the present letter and its annex circulated as a document of the sixty-ninth session of the General Assembly, under agenda item 63, and of the Security Council.<\/p><\/div>\n
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(Signed)
\n<\/i>Paul Seger<\/strong>
\nAmbassador
\nPermanent Representative<\/p><\/div>\n\n
Annex to the letter dated 29 December 2014 from the Permanent Representative of Switzerland
\n to the United Nations addressed to the Secretary-General<\/strong><\/p><\/div>\n\n
Declaration of 17 December 2014 adopted by the Conference of High Contracting Parties to the Fourth Geneva Convention<\/strong><\/p><\/div>\n\n
1.\t<\/span>This Declaration reflects the common understanding reached by the participating High Contracting Parties to the Conference of High Contracting Parties to the Fourth Geneva Convention on 17 December 2014, mindful of the recommendation by the United Nations General Assembly in resolution64\/10 of 1 December 2009.<\/p><\/div>\n\n
2.\t<\/span>The participating High Contracting Parties reaffirm the statement of the Conference of High Contracting Parties to the Fourth Geneva Convention of 15 July 1999 and the Declaration of 5 December 2001.<\/p><\/div>\n\n
3.\t<\/span>The participating High Contracting Parties reiterate the need to fully respect the fundamental principles of international humanitarian law, according to which all parties to the conflict, and as such also non-State actors, must respect, at all times, inter alia, (1) the obligation to distinguish between civilians and combatants and between civilian objects and military objectives; (2) the principle of proportionality; and (3) the obligation to take all feasible precautions to protect civilians and civilian objects. In addition, the participating High Contracting Parties emphasize that no violation of international humanitarian law by any party to a conflict can relieve the other party from its own obligations under international humanitarian law.<\/p><\/div>\n\n
4.\t<\/span>The participating High Contracting Parties emphasize the continued applicability and relevance of the Fourth Geneva Convention, which all High Contracting Parties have undertaken to respect and to ensure respect for in all circumstances. As such, they call on the occupying Power to fully and effectively respect the Fourth Geneva Convention in the Occupied Palestinian Territory, including East Jerusalem. They also remind the occupying Power of its obligation to administer the Occupied Palestinian Territory in a way which fully takes into account the needs of the civilian population while safeguarding its own security, and notably preserve its demographic characteristics.<\/p><\/div>\n\n
5.\t<\/span>The participating High Contracting Parties recall the primary obligation of the occupying Power to ensure adequate supplies of the population of the occupied territory and that whenever it is not in a position to do so, it is under the obligation to allow and facilitate relief schemes. In that case, they further recall that all High Contracting Parties shall permit the free passage of humanitarian relief and shall guarantee its protection. In this regard, the participating High Contracting Parties reiterate their support to the activities of the International Committee of the Red Cross, within its particular role conferred upon it by the Geneva Conventions, of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and of other impartial humanitarian organizations, to assess and alleviate the humanitarian situation in the field. Beyond, all parties to the conflict, and as such also non-State actors, should make all possible efforts to allow and facilitate rapid and unimpeded passage of humanitarian relief for the population of the occupied territory.<\/p><\/div>\n\n
6.\t<\/span>The participating High Contracting Parties emphasize that all serious violations of international humanitarian law must be investigated and that all those responsible should be brought to justice.<\/p><\/div>\n\n
7.\t<\/span>The participating High Contracting Parties express their deep concern about recurring violations of international humanitarian law by all parties to the conflict, and as such also by non-State actors, including in the context of military operations and attacks directed against and emanating from the Occupied Palestinian Territory since the Conference of High Contracting Parties on 5 December 2001 and the resulting great suffering of the civilian population. They are particularly concerned about the number of victims among the civilian population in densely populated areas.<\/p><\/div>\n\n
8.\t<\/span>The participating High Contracting Parties express their deep concern about the impact of the continued occupation of the Occupied Palestinian Territory. They recall that, according to the advisory opinion of the International Court of Justice of 9 July 2004, the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, at least insofar as it deviates from the Green Line, and its associated regime, are contrary to international humanitarian law. They equally express their deep concern, from an international humanitarian law standpoint, about certain measures taken by the occupying Power in the Occupied Palestinian Territory, including the closure of the Gaza Strip. They reaffirm the illegality of the settlements in the said territory and of the expansion thereof and of related unlawful seizure of property as well as of the transfer of prisoners into the territory of the occupying Power.<\/p><\/div>\n\n
9.\t<\/span>With regard to the conduct of hostilities, the participating High Contracting Parties underscore that the following acts are, among others, prohibited by international humanitarian law for all parties to the conflict, and as such also for non-State actors: (1) indiscriminate attacks of any kind, including attacks which are not directed at specific military objectives, and the employment of a method or means of combat which cannot be directed at a specific military objective or whose effects do not meet the requirements of the principles mentioned in paragraph 3 of this Declaration; (2) disproportionate attacks of any kind, including excessive destruction of civilian infrastructure; (3) destruction of property, carried out inconsistently with the principles mentioned in paragraph 3 of this Declaration; (4) attacks against protected persons and objects, including medical buildings, material, transports, units and personnel, as well as humanitarian personnel and objects, unless and for such time as they have lost their protection against direct attack; (5) attacks against civilian objects, including schools, unless and for such time as they are military objectives; (6) the location of military objectives in the vicinity of civilians and civilian objects, when it would be avoidable and (7) the use of civilians as human shields.<\/p><\/div>\n\n
10.\t<\/span>The participating High Contracting Parties reiterate the need to find a peaceful solution to the conflict, and stress that respect for and implementation of the Fourth Geneva Convention and international humanitarian law in general is essential to achieve a just and lasting peace.<\/p><\/div>\n\n
II. HIGH COMMISSIONER FOR HUMAN RIGHTS SUBMITS REPORT ON
\nIMPLICATIONS OF ISRAELI SETTLEMENTS<\/strong><\/p><\/div>\n\n
Pursuant to Human Rights Council resolution 25\/28, United Nations High Commissioner for Human Rights Ziad Ra’ad Al Hussein submitted a report on 12 January 2015 to the 28th session of the Human Rights Council on the status of implementation of the recommendations contained in the report of the independent international fact-finding mission on the implications of Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem (A\/HRC\/22\/63). Section III of the High Commissioner’s report (A\/HRC\/28\/43), entitled “Status of implementation of the recommendations of the fact-finding mission”, is reproduced below:<\/i><\/p><\/div>\n\n
A. Israeli settlement activity and recourse to remedy for Palestinians<\/strong><\/p><\/div>\n\n
7.\t<\/span>As noted in the report of the Secretary-General on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan submitted to the General Assembly at its sixty-ninth session (A\/69\/348), Israel continues to expand existing settlements in occupied territory and to advance new settlements in the West Bank, including East Jerusalem.<\/span>2<\/sup><\/span> <\/span> Settlements are directly linked to a broad range of violations of the human rights of Palestinians, including their rights to non-discrimination, liberty, security of person and fair trial, freedom of movement, adequate housing, health, education, work and an adequate standard of living.<\/span>3 <\/sup><\/span><\/p><\/div>\n\n
8.\t<\/span>Reportedly, between 1 November 2013 and 31 October 2014, 4,554 housing units were tendered in Israeli settlements in the West Bank, including East Jerusalem, and 10,183 housing units advanced<\/span> <\/span>in the planning process towards realization, including 6,042 in the West Bank and 4,141 in East Jerusalem.<\/span>4<\/sup><\/span> <\/span><\/p><\/div>\n\n
9.\t<\/span>In late September 2014, the number of settlers in the Silwan area of East Jerusalem increased after settlers moved into six houses, ostensibly after having purchased them, although this is reportedly disputed by some of the Palestinian owners.<\/span>5<\/sup><\/span> <\/span>New settlements in the West Bank in 2014 included the long-disputed Al-Rajabi house in Hebron, capable of housing 40 families, and the settlement of Leshem, near Salfit in the central West Bank.<\/span>6<\/sup><\/span><\/p><\/div>\n\n
10.\t<\/span>In a<\/span> briefing<\/a> to the Security Council on 17 November 2014, the Interim Assistant Secretary-General for Political Affairs noted that despite the “unanimous opposition to increased settlement activity expressed in the recent Security Council session on Jerusalem, plans have since been advanced to build some 500 residential units in the settlement of Ramat Shlomo. In addition, 28 new building permits and 200 new residential units were approved in the settlement of Ramot, in East Jerusalem.”<\/span>7<\/sup><\/span> <\/span>Illegal Israeli settlement activity in East Jerusalem is one contributing factor to the volatile situation there.<\/span>8<\/sup><\/span> <\/span><\/p><\/div>\n\n
11.\t<\/span>As reported to the twenty-fifth session of the Human Rights Council (A\/HRC\/25\/39), “the continued fragmentation of the West Bank, including East Jerusalem, through Israeli settlement expansion has gone hand-in-hand with the construction of the wall, the destruction of Palestinian-owned property and the forcible displacement of Palestinian civilians, including Bedouin communities”. At the time of writing, an Israeli plan was being advanced to move Bedouin and herder communities from the East Jerusalem periphery and Jordan Valley to three allocated sites.<\/span>9<\/sup><\/span> <\/span>On 21 October 2014, the Secretary-General expressed his concern over this plan, stating that “if implemented in a forcible manner, [it] would be contrary to international human rights and humanitarian law”.<\/span>10<\/sup><\/span> <\/span>The risk of forced eviction and forcible transfer of these communities appeared imminent. Reportedly, demolitions of buildings belonging to these Bedouin communities were ongoing.<\/span>11<\/sup><\/span> <\/span>It is moreover of concern that the plan may enable additional expansion of illegal settlements in the Occupied Palestinian Territory and may further undermine the possibility for the Palestinian people to realize their right to self-determination.<\/span><\/p><\/div>\n\n
12.\t<\/span>The Secretary-General has previously noted that land which is declared by Israel as State land is often allocated to settlements.<\/span>12<\/sup><\/span> <\/span>Large land appropriations in 2014, in the vicinity of Bethlehem, may facilitate future settlement expansion. On 25 August, the Israeli Civil Administration declared 3,799 dunums (930 acres) around the settlement of Gva’ot, near Bethlehem, as State land.<\/span>13<\/sup><\/span> <\/span>This followed an earlier declaration of State land west of Bethlehem in April.<\/span>14<\/sup><\/span> <\/span><\/p><\/div>\n\n
13.\t<\/span>In the 10 years since the International Court of Justice, in its advisory opinion of July 2004,<\/span>15<\/sup><\/span> <\/span>conclusively found that the construction of the wall in occupied territory and settlements were illegal, the settler population in the West Bank, including East Jerusalem, has increased substantially.<\/span>16<\/sup><\/span> <\/span>The advisory opinion noted that the wall “has been traced in such a way as to include within that area the great majority of the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem)” (para. 119).<\/span><\/p><\/div>\n\n
14. In 2007, the United Nations Register of Damage caused by the Construction of the Wall in the Occupied Palestinian Territory was established by the General Assembly in its resolution ES-10\/17. It is mandated to record “damage caused to all natural and legal persons concerned as a result of the construction of the wall by Israel … in the Occupied Palestinian Territory, including in and around East Jerusalem”. According to the Register’s website, as of October 2014, it had collected more than 43,850 claims and over 650,000 supporting documents in the Occupied Palestinian Territory. At the time of writing, 15,798 of the collected claims had been reviewed by the Board of the Register and deemed valid for inclusion in the Register.17 <\/p><\/div>\n
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B. Settler violence and accountability<\/strong><\/p><\/div>\n\n
15.\t<\/span>As reported by the Secretary-General, “acts of violence by Israeli settlers against Palestinians and their property continue to take place on a regular basis”.<\/span>18<\/sup><\/span> <\/span>According to figures published by the Office for the Coordination of Humanitarian Affairs, as of 24 November 2014, the total number of settler violence incidents resulting in Palestinian injuries or damage to their property in 2014 was 304. This compares to 389 recorded incidents in the equivalent period of 2013.<\/span>19<\/sup><\/span> <\/span>However, this relative decrease was accompanied by a significant increase in Palestinian deaths and injuries caused by Israeli Security Forces. The same period also saw a four-fold increase in violent incidents involving Palestinians leading to settler casualties or damage to property.<\/span>20 <\/sup><\/span><\/p><\/div>\n\n
16.\t<\/span>In October 2014, the Human Rights Committee issued its concluding observations on the fourth periodic report of Israel (CCPR\/C\/ISR\/CO\/4). Regarding settler violence, the Committee noted the establishment of an interministerial team to deal with ideologically motivated crimes, but was concerned at “the lack of effective accountability and protection” from settler violence. It recommended that Israel “strengthen its efforts with a view to ensuring that prompt, thorough, independent and impartial investigations are launched, in a non-discriminatory manner, into all incidents of violence by private actors against Palestinians and their property, that perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and victims are provided with effective remedies” (para. 16)<\/p><\/div>\n\n
C. Palestinian detainees, including children in Israeli custody<\/strong><\/p><\/div>\n\n
17.\t<\/span>As concluded by the fact-finding mission, the existence of the settlements heavily impact a wide range of Palestinians’ human rights, including their rights to equality, due process, fair trial, not to be arbitrarily detained, and liberty of person (A\/HRC\/22\/63, para. 105). According to the Palestinian non-governmental organization Addameer, as at 1 October 2014, 6,500 Palestinians were in Israeli detention, including 500 in administrative detention on security grounds — held without charge or trial.<\/span>21<\/sup><\/span> <\/span>The total number of Palestinian prisoners and detainees held by Israel was reportedly up by some 1,450 persons compared to the previous year.<\/span>22<\/sup><\/span> <\/span>The summer of 2014 witnessed a period of mass arrests of Palestinians, especially following the kidnapping and murders of three Israeli youths in the occupied West Bank in June 2014. An estimated 1,100 to 1,500 Palestinians, including 300 children, were detained in the West Bank, including East Jerusalem, at some point between 12 June and mid-August 2014.<\/span>23<\/sup><\/span> <\/span><\/p><\/div>\n\n
18.\t<\/span>The Secretary-General has consistently called for administrative detainees to be formally charged or released without delay.<\/span>24<\/sup><\/span> <\/span>In April, a large group of Palestinian detainees went on hunger strike to protest the use by Israel of administrative detention. The number fluctuated, reaching several hundred between April and late June 2014 when the hunger strikers ended their protest.<\/span>25<\/sup><\/span> <\/span><\/p><\/div>\n\n
19.\t<\/span>In February 2013, the United Nations Children’s Fund (UNICEF) issued a report, entitled “Children in Israeli Military Detention”, which found that the ill-treatment of Palestinian children from the West Bank who come in contact with the Israeli military detention system appeared to be widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child’s prosecution and eventual conviction and sentencing.<\/span>26<\/sup><\/span> <\/span>In an update report of October 2013, UNICEF referenced the commitment made by the Ministry of Foreign Affairs of Israel to study the recommendations and cooperate with UNICEF for their implementation.<\/span>