Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

JVL Introduction

On 24th April 2023, Francesca Albanese, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, took part in a webinar discussing the current situation with interlocutors Profs Nur Masalha and Ilan Pappe.

You can watch her impressive, nuanced, clear-headed contributions to the webinar, both in her introductory remarks and in answers to questions, in a recording of the event below.

The webinar, organised by the Convivencia Alliance and Jewish Network for Palestine, was sponsored by a variety of groups, including Jewish Voice for Labour.

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Francesca Albanese was appointed to the post in May 2022, following in the footsteps of 4 others who have served in this role in C20th, viz Michael Lynk, Makarim Wibisono, Richard Falk and John Dugard. She is the first woman ever to hold this postion. Her first report was tabled at the UN in October 2022 and its introduction and recommendations are appended below. You can find more information about her below.

You can download the full report here.

Albanese’s introductory talk begins at c.7 mins in.

Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

Francesca Albanese

A/77/356

I. Introduction

1 . In the present report, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese, addresses a number of concerns pertaining to the situation of human rights in the West Bank, including East Jerusalem, and Gaza and presents an in-depth analysis of the right of the Palestinian people to self-determination. She clarifies legal tenets, meaning and implications of this right, which remains unrealized for the Palestinian people despite being foundational to the mission that the United Nations Member States pledged to achieve in the aftermath of the atrocities committed and witnessed during World War II.

2 . The Special Rapporteur has not been able to visit the occupied Palestinian territory, including East Jerusalem (“occupied Palestinian territory”), before the submission of the present report, despite an invitation received by the Permanent Observer of the State of Palestine to the United Nations Office and other international organizations in Geneva. Access to the occupied Palestinian territory is a key element of her mandate and will be pursued in the future. As her request to meet with the Permanent Representative of Israel to the United Nations Office and other international organizations in Geneva was declined, the Special Rapporteur underscores that the pattern of non-cooperation by Israel with the mandate holder is a serious concern. As open dialogue among all parties is essential for the protection and promotion of human rights, the Special Rapporteur reminds Israel that she remains willing to engage.

3 . The present report is based on legal research and analysis, and enhanced by consultations and submissions. The Special Rapporteur had consultations with fellow and previous Special Rapporteurs, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and in-person and online meetings with State representatives, academics and non-governmental organizations from the occupied Palestinian territory, Israel and beyond. She examined reports submitted by local and international human rights organizations, in particular from the occupied Palestinian territory and Israel.

4 . The geographic and temporal limitations of the Special Rapporteur’s mandate limited the scope of this inquiry, including how violations covered in the report may affect the Palestinian people outside the occupied territory. This does not prejudice the examination of this collective right as it applies to Palestinians who hold Israeli citizenship, and to Palestinian refugees of 1948 and 1967, also entitled to the wellestablished rights to return, restitution and compensation. Given the interconnectedness of the Israeli occupation that began in 1967 with wha t preceded it, the Special Rapporteur looks back at certain points in history that may inform and illuminate present circumstances.

VII. Recommendations

77. The Special Rapporteur recommends that the Government of Israel complies with its obligations under international law and ceases to impede the realization of the right to self-determination of the Palestinian people, ending its settler-colonial occupation of the Palestinian territory immediately and unconditionally and making reparations for its wrongful acts

78. The Special Rapporteur recommends that all States:
    (a) Condemn the intentional violations by Israel of the Palestinian right to self-determination including through settler-colonial practices. This requires that:

(i) States demand an immediate end to the illegal Israeli occupation, return of all land and resources from which the Palestinian people have been displaced and dispossessed while refraining from making withdrawal subject to negotiation between Israel and Palestine;
(ii) The General Assembly develops a plan to end the Israeli settler- colonial occupation and apartheid regime;
(iii) States stand ready to resort to the diplomatic, economic and political measures afforded by the Charter of the United Nations in case of non-compliance by Israel;

(b) Deploy an international protective presence to constrain the violence routinely used in the occupied Palestinian territory and protect the Palestinian population, in line with the report of the Secretary-General on the protection of the Palestinian civilian population (A/ES–10/794);

(c) Act to ensure a thorough, independent and transparent investigation of all violations of international human rights law and international humanitarian law, including those amounting to potential war crimes, crimes against humanity and the crime of aggression, committed in the occupied Palestinian territory. The Special Rapporteur further recommends that the international community pursue accountability for perpetrators through both ICC in its ongoing investigation into the situation in Palestine, and universal jurisdiction mechanisms;

(d) Take appropriate steps to prevent, investigate and redress human rights abuses by all business enterprises domiciled in their territory and/or under their jurisdiction by adopting the necessary policies to regulate business conduct in the occupied Palestinian territory, including disengaging from the colonies and providing effective remedy for victims.

79. The Special Rapporteur recommends that the High Commissioner for Human Rights release, without delay, the updated database of businesses involved in settlements (Human Rights Council resolution 31/36).

80. The Special Rapporteur fully supports the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and encourages it to investigate the status of the right to self-determination and Israeli settler-colonial endeavours in more depth than the territorial and geographic limitations of her mandate allow.

Francesca Albanese is an Affiliate Scholar at the Institute for the Study of International Migration at Georgetown University, and a Senior Advisor on Migration and Forced Displacement for the think tank Arab Renaissance for Democracy and Development (ARDD), where she co-founded the Global Network on the Question of Palestine (GNQP), a coalition of renowned professional and scholars engaged in/on Israel/Palestine. She has published widely on the legal situation in Israel/Palestine; her latest book, Palestinian Refugees in International Law (Oxford University Press, 2020), offers a comprehensive legal analysis of the situation of Palestinian refugees from its origins to modern-day reality. She regularly teaches and lectures on International Law and Forced Displacement in European and Arab universities, and speaks frequently at conferences and public events on the legal situation of Palestine. She worked for a decade as a human rights expert for the United Nations, including the Office of the High Commissioner for Human Rights and the Relief and Work Agency for Palestine Refugees. In these capacities, she advised the UN, governments, and civil society across the Middle East, North Africa, and the Asia Pacific, on the enforcement of human rights norms, especially for vulnerable groups including refugees and migrants. She holds a Law Degree (with honors) from the University of Pisa and an LLM in Human Rights from the University of London, SOAS. She is currently completing her PhD in International Refugee Law at Amsterdam University Law Faculty. An Italian national, she is married with two young children.