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UNHRC

The document discusses the mandate of the United Nations Human Rights Council (UNHRC) to address the human rights situation in Gaza amid the ongoing Israel-Palestine conflict. It provides background on the origin and key issues of the conflict, an overview of the challenges in Gaza including its socio-economic conditions and alleged human rights violations. It also lists the international laws and instruments relevant to the human rights situation in Gaza and the conflict more broadly.

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0% found this document useful (0 votes)
18 views

UNHRC

The document discusses the mandate of the United Nations Human Rights Council (UNHRC) to address the human rights situation in Gaza amid the ongoing Israel-Palestine conflict. It provides background on the origin and key issues of the conflict, an overview of the challenges in Gaza including its socio-economic conditions and alleged human rights violations. It also lists the international laws and instruments relevant to the human rights situation in Gaza and the conflict more broadly.

Uploaded by

xaxanonology
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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United Nations Human Rights council

(UNHRC)
Chairs : Haroon Shah and Fareeha Khan
CD : Sheikh Ahsan
ACDs : Iqra Fatima and Nad e Ali Khan

Topic: Addressing human rights violation


in Gaza within the Israel-Palestine conflicts

Table of Contents:

1. Mandate of the committee


2. Introduction to the Israel-Palestine Conflict
3. Origin of the conflict
4. Stakeholders
5. Overview of the Situation in Gaza
6. Socio-economic challenges
7. Use of excessive force
8. Violations against women and children
9. Universal Declaration of Human Rights
10. International Covenant on Civil and Political Rights, Geneva Conventions
11. Bibliography
1.MANDATE OF THE COMMITTEE

Your The United Nations Thorough preparation must begin with an understanding
of the UN itself, specifically in regard to the history, structure, and operations of the
organization. Having a strong grasp on the various types of bodies within the UN
system, the types of documents that can provide information on your topic, and the
core international instruments within each topic area are essential to ensure the
ideas a delegate puts forth in committee are realistic. There are several questions
and items a delegate should try to answer in their research:
● What are the various types of entities within the UN system?
● How do the various organs of the UN system work together, and what are their
topic specialities?
● What are the most significant achievements of the UN in terms of norms and
important legal frameworks?

The Mandate, Structure, and Function of UNHRC:

Each delegate should have a thorough understanding of their committee. The


Background Guide for the committee provides an introduction, but it represents only
the starting point for the rest of your research. Delegates need to understand the
history; governance, structure, and membership; mandate, functions, and powers;
and recent sessions and current priorities of the committee. Use your committee’s
website, the resources outlined in this guide, your Background Guide’s bibliography,
and books and scholarly articles to understand the purpose and functions of your
committee. Important past decisions or resolutions of your committee often shed
important light on its powers, the types of actions it takes, and the methods by which
it acts.

UNHRC- United Nations Human Rights Council Committee


The United Nations Human Rights Council (UNHRC) is a United Nations body
whose mission is to promote and protect human rights around the world. The
UNHRC has 47 members elected for staggered three-year terms on a regional group
basis. The 42nd session Study Guide of the UNHRC began on September 09, 2019. It
ended on September 29, 2019. The headquarters of UNHRC is in Geneva,
Switzerland. The UNHRC investigates allegations of breaches of human rights in UN
member states and addresses important thematic human rights issues such as
freedom of association and assembly, freedom of expression, freedom of belief and
religion, women's rights, LGBT rights, and the rights of racial and ethnic minorities.
The UNHRC was established by the UN General Assembly on March 15, 2006 (by
resolution A/RES/60/251) to replace the UN Commission on Human Rights (UNCHR,
herein CHR) that had been strongly criticized for allowing countries with poor
human rights records to be members.
UN Secretaries-General Kofi Annan and Ban Ki-moon, former president of the council
Doru Costea, the European Union, Canada, and the United States have accused the
UNHRC of focusing disproportionately on the Israeli–Palestinian conflict, and many
allege an anti-Israel bias – the Council has resolved more resolutions condemning Israel
than the rest of the world combined.

Introduction to the Israel-Palestine Conflict:

A complex web of political, territorial, and humanitarian issues has characterised the
conflict. The competing narratives and aspirations of both Israelis and Palestinians have
contributed to a protracted and challenging peace process. The establishment of the
State of Israel in 1948 resulted in the displacement of hundreds of thousands of
Palestinians, leading to a significant refugee population. The issue of Palestinian refugees
and their right to return remains a contentious point of negotiation. Over the years, the
conflict has witnessed several major events and periods of heightened tension, including
the Six-Day War in 1967, the First and Second Intifadas (uprisings) in the late 1980s and
early 2000s, and conflicts in Gaza, particularly in 2008-2009, 2012, and 2014.

Israeli settlements in the occupied territories, including the West Bank and East
Jerusalem, have been a major point of contention. The settlements are considered
illegal under international law and have been widely criticized for their impact on the
viability of a future Palestinian state. The Gaza Strip, governed by Hamas since 2007, has
faced economic and humanitarian challenges due to restrictions on movement and
access imposed by Israel. The situation in Gaza has been characterised by high levels of
poverty, limited access to basic services, and periodic escalations of violence.

The United Nations has actively engaged in efforts to address the Israel-Palestine
conflict. The UN Security Council has passed several resolutions calling for a peaceful
solution and the establishment of a Palestinian state alongside Israel. The General
Assembly has also been involved in discussions and debates on the issue. The United
Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
plays a crucial role in providing essential services to Palestinian refugees, including
education, healthcare, and social support. Efforts to reach a negotiated settlement and
lasting peace have faced significant challenges, including issues related to borders,
security, the status of Jerusalem, the right of return for refugees, and the recognition of
Israel as a Jewish state.

Origin of the conflict:

The Israel-Palestine conflict originated in the late 19th and early 20th centuries, as
nationalist aspirations and competing claims to the land of Palestine emerged. Under
Ottoman rule, Palestine was home to a diverse population. After World War I, the
British Mandate governed Palestine.
Jewish immigration increased, driven by Zionist aspirations for a Jewish homeland.
Tensions between Jews and Arabs grew, leading to conflict

In 1947, the United Nations proposed a partition plan, but it was rejected by Arab states
and Palestinian representatives. The State of Israel was established in 1948, followed by
armed conflicts with neighbouring Arab states. Wars, territorial disputes, and ongoing
negotiations have shaped the conflict's trajectory.

After the establishment of the State of Israel in 1948, neighbouring Arab states, including
Egypt, Jordan, Syria, and Iraq, launched a military intervention to support the Palestinian
cause and oppose the new state. This led to the Arab-Israeli War of 1948-1949, resulting
in territorial changes and an influx of Palestinian refugees. In the aftermath of the war,
Jordan controlled the West Bank, including East Jerusalem, and Egypt administered the
Gaza Strip.The status of Jerusalem, a city considered sacred by Jews, Muslims, and
Christians, became a contentious issue.

In 1967, tensions escalated, leading to the Six-Day War between Israel and its
neighbouring Arab states. Israel emerged victorious and occupied the West Bank, East
Jerusalem, the Gaza Strip, the Sinai Peninsula, and the Golan Heights. The occupation of
these territories by Israel created further complexities and disputes. Israeli settlements
were established in the occupied territories, leading to ongoing debates about their
legality under international law and their impact on the prospects for a two-state solution.

In the early 1990s, negotiations between Israel and the Palestine Liberation Organization
(PLO) led to the signing of the Oslo Accords in 1993. The accords aimed to establish a
framework for achieving a peaceful resolution to the conflict, including the recognition of
Israel and the creation of a Palestinian authority.

Stakeholders:

Israelis
Israelis encompass the Jewish population of Israel and those who support the State of
Israel. They include Israeli citizens, government officials, political parties, and the Israeli
Defense Forces (IDF)

Palestinians
Palestinians represent the Arab population of Palestine and aspire to establish an
independent Palestinian state. They include Palestinians living in the West Bank, Gaza
Strip, and East Jerusalem, as well as Palestinian refugees and diaspora communities.
Hamas
Hamas is an Islamist political and military organization that controls the Gaza Strip. It is
considered a terrorist group by some countries and seeks to establish an Islamic
Palestinian state.

Arab States
Arab states, such as Egypt, Jordan, Saudi Arabia, and others, have been involved in the
Israel-Palestine conflict either through military interventions, diplomatic efforts, or
financial support to Palestinian causes.

United States
The United States has played a significant role in the conflict as a key mediator and ally
of Israel. It has attempted to broker peace agreements between Israelis and Palestinians
and has provided substantial military and financial aid to Israel.

International Community
The international community, including individual countries, regional organizations
(such as the European Union), and non-governmental organizations, plays a role in
supporting peace initiatives, providing humanitarian assistance, and advocating for a
resolution to the conflict

Overview of the Situation in Gaza:

Political Situation
Gaza, a small coastal enclave located between Israel and Egypt, is governed by Hamas
since it took control in 2007. Hamas is designated as a terrorist organization by some
countries. The Palestinian Authority, led by Fatah, governs the West Bank.

Israeli Blockade
Israel has imposed a blockade on Gaza since 2007, restricting the movement of goods
and people in and out of the territory. The blockade aims to prevent the smuggling of
weapons and materials that could be used for military purposes by Hamas.

Humanitarian Crisis
The blockade, along with the internal Palestinian political divide, has led to a dire
humanitarian situation in Gaza. The population faces challenges such as high limited
access to essential services, inadequate infrastructure, and insufficient healthcare
resources.
Conflict and Violence
Gaza has experienced several rounds of conflict between Israel and armed groups
in the territory, particularly Hamas. These conflicts have resulted in significant loss
of life, injuries, and damage to infrastructure,
exacerbating the humanitarian situation.

International Aid
International aid organizations and countries provide assistance to alleviate the
humanitarian crisis in Gaza. Efforts have been made to support infrastructure
reconstruction, healthcare, education, and economic development.

Attempts at Reconciliation
There have been various attempts to reconcile the political divide between Hamas
and Fatah to establish a unified Palestinian government. However, these efforts
have faced challenges and have not yet resulted in a full reconciliation.

Socio-Economic Challenges:

Destruction of Infrastructure
The ongoing conflict has resulted in significant damage to infrastructure, including
residential buildings, roads, water and sanitation facilities, hospitals, and schools.
This destruction hampers the provision of essential services and exacerbates the
existing infrastructure challenges

Displacement
The conflict has forced many Gazans to flee their homes, seeking safety in
overcrowded shelters or with relatives. Displacement disrupts livelihoods and
exacerbates the socio-economic vulnerabilities of the population, leading to
increased poverty and dependence on aid.

Economic Disruption
The conflict disrupts economic activities, businesses, and employment
opportunities in Gaza. The closure of border crossings and restrictions on
movement impede trade and the functioning of local markets, leading to further
economic decline and job losses.

Humanitarian Needs
The conflict intensifies humanitarian needs, including access to food, water,
healthcare, and basic supplies. The already strained resources and services in Gaza
face additional pressures during the conflict, making it challenging to meet the
urgent needs of the population.
Psychological Trauma and Mental Health
The continuous bombardment, loss of lives, and displacement contribute to severe
psychological trauma among Gazans. The lack of adequate mental health services and
support further compounds the mental health challenges in the midst of the conflict.

Dependence on Aid
The population in Gaza heavily relies on humanitarian aid to meet basic needs. The
conflict deepens this dependency, as the destruction of infrastructure, loss of livelihoods,
and economic disruption further limit the self-sustainability of the population

Use of Excessive Force:

Civilian Casualties
The conflict in Gaza has led to the loss of civilian lives, including women, children, and
non-combatants. The use of force that does not adequately distinguish between military
targets and civilian populations raises concerns about the protection of civilian lives.

Damage to Infrastructure
Excessive force can result in significant damage to civilian infrastructure, including
residential buildings, schools, hospitals, and essential services. The destruction of
infrastructure has severe implications for the well-being and livelihoods of the civilian
population.

Collective Punishment
Some argue that the use of excessive force, such as indiscriminate shelling or targeting of
civilian areas, amounts to collective punishment. This refers to the imposition of punitive
measures on a population as a whole, rather than targeting specific individuals
responsible for violence

Violation of International Humanitarian Law


The use of excessive force can potentially violate the principles of international
humanitarian law, which governs the conduct of armed conflicts. These principles
include the distinction between combatants and civilians, proportionality in the use of
force, and the obligation to protect civilian populations.

Proportionality
The principle of proportionality requires that the use of force by parties to a conflict be
proportionate to the military objective and that any anticipated civilian harm is not
excessive compared to the anticipated military advantage. Critics argue that in some
instances, the force used may not meet this standard, resulting in an excessive toll on
civilian lives and infrastructure.
Violations against women and children are a distressing aspect of many
conflicts, including the Israeli-Palestinian conflict. Here are some specific
violations that have been reported:

Violence Against Women


Women in conflict-affected areas, including Gaza, can be subjected to various forms
of violence, such as physical assault, sexual violence, and psychological abuse. The
breakdown of social structures and the heightened tensions during conflicts can
exacerbate the risks faced by women, including domestic violence and harassment.

Child Casualties and Injuries


Children are particularly vulnerable in conflict situations. They can suffer severe
physical injuries or lose their lives as a result of direct attacks, indiscriminate shelling,
or the use of explosive weapons in populated areas. The long-term impact of conflict-
related trauma on children's well-being and development is also a concern.

Displacement and Separation


Conflict-related displacement can lead to the separation of children from their
families, increasing their vulnerability to exploitation, abuse, and recruitment by
armed groups. Displaced women and children often face difficulties accessing
essential services, including healthcare, education, and protection.

Detention and Arrest


Children, as well as women, have been subject to arbitrary detention, arrest, and
mistreatment in the context of the Israeli-Palestinian conflict. They may be
detained without proper legal procedures, held in substandard conditions, or
subjected to ill- treatment, which can have long-lasting physical and
psychological consequences
Education Disruption
Conflict disrupts access to education, which particularly affects children. School
buildings and infrastructure may be damaged or destroyed, and the fear of violence
can prevent children, especially girls, from attending school. The denial of education
has long-term implications for children's development and future opportunities.

Universal Declaration of Human Rights, International Covenant on Civil and


Political Rights, Geneva Conventions:
The Universal Declaration of Human Rights (UDHR) is a foundational document in
international human rights law. It consists of 30 articles that outline the
fundamental rights and freedoms to which all individuals are entitled. Here are
some key articles of the UDHR:
Article 3: Right to Life, Liberty, and Security of Person: This article states that
everyone has the right to life, liberty, and security of person. It prohibits arbitrary
deprivation of life and unlawful detention.

Article 5: Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment


or Punishment: Article 5 prohibits torture, cruel, inhuman, or degrading treatment or
punishment. It establishes the right to physical and mental integrity and the protection
against torture or degrading treatment.

Article 7: Equality Before the Law: This article asserts that all individuals are equal
before the law and are entitled to equal protection against discrimination. It prohibits
discrimination based on race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status.

The International Covenant on Civil and Political Rights (ICCPR) is a legally


binding treaty that further elaborates on civil and political rights. It consists of several
articles that address specific rights and freedoms. Some notable articles include:

Article 6: Right to Life:


Article 6 recognizes the inherent right to life and prohibits arbitrary deprivation of life. It
establishes safeguards to protect individuals from unlawful killings.

Article 9: Right to Liberty and Security of Person:


This article protects individuals against arbitrary arrest, detention, or imprisonment. It
sets standards for fair and prompt access to justice and the right to be brought before a
court.

Article 14: Right to a Fair Trial:


Article 14 guarantees the right to a fair and public hearing by a competent,
independent, and impartial tribunal. It includes the right to be presumed innocent until
proven guilty and the right to legal representation.

The Geneva Conventions are a set of international treaties that establish the
standards of humanitarian law during armed conflicts. They consist of four treaties,
with the Third and Fourth Geneva Conventions specifically addressing the
protection of victims of armed conflicts. These conventions outline the rights and
protections for civilians, prisoners of war, and wounded and sick individuals.
Bibliography
United Nations, "The Question of Palestine"
https://www.un.org/unispal/question-of-palestine/

United Nations Relief and Works Agency for Palestine Refugees


in the Near East (UNRWA) https://www.unrwa.org/

United Nations Security Council, Resolution 2334


https://undocs.org/S/RES/2334(2016)

Balfour Declaration (1917)


https://www.jewishvirtuallibrary.org/text-of-the-balfour-
declaration

United Nations General Assembly Resolution 181 (1947)


https://unispal.un.org/unispal.nsf/0/7F0AF2BD897689B785256C3
30061D253

Declaration of the Establishment of the State of Israel (1948)


https://www.knesset.gov.il/docs/eng/megilat_eng.htm

Universal Declaration of Human Rights (UDHR)


https://www.un.org/en/about-us/universal-declaration-of-human-
rights

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