STATEMENT OF SPECIAL RAPORTEUR FOR THE PALESTINIAN TERRITORIES OCCUPIED SINCE 1967 FOR PRESENTATION TO THE SPECIAL SESSION OF THE HUMAN RIGHTS COUNCIL

STATEMENT OF SPECIAL RAPORTEUR FOR THE PALESTINIAN TERRITORIES OCCUPIED SINCE 1967 FOR PRESENTATION TO THE SPECIAL SESSION OF THE HUMAN RIGHTS COUNCIL ON THE SITUATION IN THE GAZA STRIP, 9 JANUARY 2009

"1. This statement focuses on the impact of Israel's continuing Gaza military campaign, initiated on 27 December 2008, on the humanitarian situation confronting the 1.5 million Palestinians confined to the Gaza Strip. In accordance with the undertaking of the mandate, it confines its comments to issues associated with Israel's obligations as occupying power to respect international humanitarian law (IHL), which refers mainly to the legal obligations contained in the Fourth Geneva Convention of 1949, which sets forth in some detail the legal duties of Israel as the occupying power.....

12. From the perspective of the Mandate for oPt the following recommendations seem worthy of the attention at this Special Session:
(1) To request restoring access for Special Rapporteur to the occupied Palestinian territories as an essential feature of UN monitoring role;
(2) To seek General Assembly initiatives with respect to investigating allegations of war crimes;
(3) To propose long-term truce based on cessation of rocket launchings from Gaza and unconditional lifting of blockade;
(4) To request an Advisory Opinion from the International Court of Justice to assess the legal status of Israeli control in Gaza subsequent to Israeli 'disengagement' in 2005."