The EU review has found “Israel” to have broken 38 separate articles of various international law treaties and conventions in Gaza and the West Bank.
Full list:
1. Duty to investigate and prosecute grave breaches of IHL (GC I, II, III and IV)
2. Freedom from arbitrary or unlawful interference with one’s privacy, family, home (ICCPR Art. 17)
3. GC Common Art. 3 (humane treatment, prohibition of violence)
4. GC III (on prisoners of war)
5. GC IV (on civilian internees): humane treatment, medical attention, relations with the exterior, transfer, death.
6. IHL principles of distinction, precautions and proportionality
7. IHL protection of medical infrastructures
8. IHL rules on occupation (transfer of population)
9. Obligation to provide / facilitate the entry and distribution of aid
10. Obligation to take measures to restore, and ensure, as far as possible, public order and safety
11. Obligation to treat civilians humanely
12. Principles of distinction, proportionality and precautions in attack
13. Prohibition of attacks targeting civilians (customary IHL)
14. Prohibition of discrimination (ICCPR Art. 2 and 26, ICESCR Art. 2(2) and CERD Art. 2)
15. Prohibition of mass forcible transfers (GC IV)
16. Prohibition of racial segregation and apartheid (CERD Art. 3)
17. Prohibition of torture or other cruel, inhuman or degrading treatment (ICCPR Art. 7, CAT)
18. Prohibition of violence, cruel treatment and torture (GC Common Art. 3)
19. Protection and safety of persons with disabilities (CRPD, Art. 11)
20. Protection of minors in detention (CRC Art. 37; ICCPR Art. 10(2)(b))
21. Right of children affected by an armed conflict to protection and care (CRC Art. 38)
22. Right of persons with disabilities to protection and safety in situations of risk (CRPD Art. 11)
23. Right to adequate standard of living, incl. housing (UDHR Art. 25, ICESCR Art. 11) and prohibition of forced evictions
24. Right to adequate standard of living (ICESCR Art 11)
25. Right to an effective remedy (ICCPR Art. 2(3))
26. Right to be treated with humanity and dignity (ICCPR Art. 10(1), CAT, CRPD)
27. Right to education (ICESCR Art. 13, CRC. Art. 28)
28. Right to fair trial (ICCPR Art. 14)
29. Right to freedom of expression (UDHR Art 19, ICCPR)
30. Right to health and contact with the outside world (ICCPR Art. 10)
31. Right to highest standards of health (ICESCR Art. 12)
32. Right to liberty and security of person (ICCPR Art. 9)
33. Right to liberty of movement and freedom to choose one’s residence (ICCPR Art. 12)
34. Right to life (ICCPR Art. 6)
35. Right to prompt judicial review (ICCPR Art. 9(3)–(4))
36. Right to self-determination (ICCPR and ICESCR Art. 1)
37. Right to work (ICESCR Art. 6)
38. Duty to investigate alleged acts of torture / right to complain (CAT Art. 12 and 13)
The EU review has concluded “Israel” is in breach of its human rights obligations under Article 2 of the EU-Israel Association Agreement.
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