The mandate of the UNHCR's
Special Rapporteur on the occupied Palestinian territories is to investigate human rights violations by Israel. This is because under
international humanitarian law (IHL), as applied by the UNHRC, Israel is considered the occupying power in the
Occupied Palestinian Territories (OPT), and therefore has the obligation of upholding human rights throughout the territories which the special rapporteur is tasked with investigating its adherence to. This was affirmed in an October 2023 report by the UNHCR's
s Francesca Albanese. A July 2024 landmark opinion by the UN's top court, the
International Court of Justice, also reaffirmed this, while stating that Israel should dismantle settlements in the occupied West Bank and East Jerusalem, and end its illegal occupation of those areas and the Gaza Strip as soon as possible.
2006 creation of Agenda Item 7 The Council voted on 30 June 2006 to review the "Human rights situation in Palestine and other occupied Arab territories". The council voted on 30 June 2006 to make a review of alleged human rights abuses by Israel a permanent feature of every council session. The Council's special rapporteur on the
Israeli–Palestinian conflict is its only expert mandate with no year of expiry, due to the ongoing nature of the occupation. The resolution, which was sponsored by
Organisation of the Islamic Conference, passed by a vote of 29 to 12 with five abstentions.
April 2009: Gaza report On 3 April 2009, South African Judge
Richard Goldstone was named as the head of the independent United Nations Fact-Finding Mission to investigate international human rights and humanitarian law violations related to the
Gaza War. The Mission was established by Resolution S-9/1 of the United Nations Human Rights Council. On 15 September 2009, the UN Fact-Finding mission released its report which found that there was evidence "indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity". The mission also found that there was evidence that "Palestinian armed groups committed war crimes, as well as possibly crimes against humanity, in their repeated launching of rockets and mortars into Southern Israel". The mission called for referring either side in the conflict to the
UN Security Council for prosecution at the
International Criminal Court if they refuse to launch fully independent investigations by December 2009. Goldstone has since partially retracted the report's conclusions that Israel committed war crimes, as new evidence has shed light upon the decision making by Israeli commanders. He said, "I regret that our fact-finding mission did not have such evidence explaining the circumstances in which we said civilians in Gaza were targeted, because it probably would have influenced our findings about intentionality and war crimes."
July 2015: resolution On 3 July 2015, UNHRC voted Resolution A/HRC/29/L.35 "ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem". It passed by 41 votes in favor including the eight sitting EU members (France, Germany, Britain, Ireland, the Netherlands, Portugal, Latvia and Estonia), one against (the United States) and five absentions (India, Kenya, Ethiopia, Paraguay and the Republic of Macedonia). India explained that its abstention was due to the reference to International Criminal Court (ICC) in the resolution whereas "India is not a signatory to the Rome Statute establishing the ICC".
2018 onwards On 9 July 2021,
Michael Lynk, the Special Rapporteur for Human Rights in the Occupied Palestinian Territories, addressing a session of the UN Human Rights Council in Geneva said that Israeli settlements in the West Bank amount to a war crime, and calling on countries to inflict a cost on Israel for its illegal occupation. Israel, which does not recognize Lynk's mandate, boycotted the session. On 21 March 2022, Lynk submitted a report, stating that Israel's control over the West Bank and Gaza Strip amounts to apartheid, an "institutionalised regime of systematic racial oppression and discrimination". The Israeli Foreign Ministry and other Israeli and Jewish organizations labelled Lynk as hostile to Israel and the report baseless. Following the
2021 Israel–Palestine crisis, the council voted on 27 May 2021 to set up a
United Nations fact-finding mission to investigate possible war crimes and other abuses committed in Israel and the occupied Palestinian territories. The
commission will report to the Human Rights Council annually from June 2022. Unlike previous fact finding missions the inquiry is open ended and will examine "all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity." HRW also called on the Council to avoid the selectivity that discredited its predecessor and urged it to hold special sessions on other urgent situations, such as that in
Darfur. In 2006,
UN Secretary-General Kofi Annan argued that the UNHRC should not have a "disproportionate focus on violations by Israel. Not that Israel should be given a free pass. Absolutely not. But the Council should give the same attention to grave violations committed by other states as well". On 20 June 2007, Secretary-General
Ban Ki-moon issued a statement that read: "The Secretary-General is disappointed at the Council's decision to single out only one specific regional item given the range and scope of allegations of human rights violations throughout the world." Ban Ki-moon also reiterated the importance of investigating and upholding international humanitarian law with respect to the Israeli occupied Palestinian territories, stating in 2016 that "History proves that people will always resist occupation...Palestinian frustration and grievances are growing under the weight of nearly a half-century of occupation. Ignoring this won't make it disappear. No one can deny that the everyday reality of occupation provokes anger and despair, which are major drivers of violence and extremism and undermine any hope of a negotiated two-state solution." Former president of the Council
Doru Costea, the
European Union, Canada, the United States and Britain have at various times accused the UNHRC of focusing disproportionately on the
Israeli–Palestinian conflict and Israel's
occupation of the West Bank. Speaking at the IDC's
Herzliya Conference in Israel in January 2008, Dutch Foreign Minister
Maxime Verhagen criticized the actions of the Human Rights Council actions against Israel. "At the United Nations, censuring Israel has become something of a habit, while Hamas's terror is referred to in coded language or not at all. The Netherlands believes the record should be set straight, both in New York and at the Human Rights Council in Geneva", Verhagen said. In 2008 UNHRC released a statement calling on Israel to stop its military operations in the Gaza Strip and to open the Strip's borders to allow the entry of food, fuel and medicine. UNHRC adopted the resolution by a vote of 30 to 1, with 15 states abstaining. "Unfortunately, neither this resolution nor the current session addressed the role of both parties. It was regretful that the current draft resolution did not condemn the
rocket attacks on Israeli civilians," said Canada's representative Terry Cormier, the lone voter against. The United States and Israel boycotted the session. U.S. ambassador
Warren Tichenor said the Council's unbalanced approach had "squandered its credibility" by failing to address continued rocket attacks against Israel. "Today's actions do nothing to help the
Palestinian people, in whose name the supporters of this session claim to act," he said in a statement. "Supporters of a Palestinian state must avoid the kind of inflammatory rhetoric and actions that this session represents, which only stoke tensions and erode the chances for peace", he added. "We believe that this council should deplore the fact that innocent civilians on both sides are suffering", Slovenian Ambassador Andrej Logar said on behalf of the seven EU states on the council. At a press conference in Geneva on Wednesday, UN Secretary-General Ban Ki-moon responded when asked about its special session on Gaza, that "I appreciate that the council is looking in-depth into this particular situation. And it is rightly doing so. I would also appreciate it if the council will be looking with the same level of attention and urgency at all other matters around the world. There are still many areas where human rights are abused and not properly protected", he said. Dugard was succeeded in 2008 by Jewish Professor of international law
Richard Falk, who has compared Israel's treatment of Palestinians with the Nazis' treatment of Jews during
the Holocaust. After a conflict with the Palestinian Authority's
Mahmoud Abbas over his decision, under US pressure, to delay a UNHCR vote on
Richard Goldstone's report on violations of international humanitarian law during the
2008-2009 Israel-Gaza war, widely criticized among Palestinians including calls on Abbas to stand down and the PA to be dissolved, Abbas informally asked Falk to resign, accusing him of being among other things "a partisan of Hamas". Falk disputed this and called the reasons given "essentially untrue", with the actual motivation behind his call on Abbas to cease his delaying of the UNHRC vote. The Israeli government announced it would deny Falk a visa to Israel, the West Bank, and the Gaza Strip, at least until the September 2008 meeting of the UNHCR. In July 2011, Richard Falk posted a cartoon that critics have described as
anti-Semitic onto his blog. The cartoon depicted a bloodthirsty dog with the word "USA" on it wearing a kippah, or Jewish head covering. In response, Falk was heavily criticized by world leaders in the United States, certain European countries and Israel. At UNHRC's opening session in February 2011, U.S. Secretary of State
Hillary Clinton criticized the council's "structural bias" against the State of Israel: "The structural bias against Israel – including a standing agenda item for Israel, whereas all other countries are treated under a common item – is wrong. And it undermines the important work we are trying to do together." In March 2012, the UNHRC was criticized for facilitating an event in the UN Geneva building featuring a Hamas politician. Israeli Prime Minister
Benjamin Netanyahu castigated the UNHRC's decision stating, "He represents an organization that indiscriminately targets children and grown-ups, and women and men. Innocents – is their special favorite target". Israel's ambassador to the UN
Ron Prosor denounced the speech stating that Hamas was an internationally recognized terrorist organization that targeted civilians. "Inviting a Hamas terrorist to lecture to the world about human rights is like asking
Charles Manson to run the murder investigation unit at the NYPD", he said. The United States urged UNHRC in Geneva to stop its anti-Israel bias. It took particular exception to the council's Agenda Item 7, under which at every session, Israel's human rights record is debated. No other country has a dedicated agenda item. The US Ambassador to UNHRC
Eileen Chamberlain Donahoe said that the United States was deeply troubled by the "Council's biased and disproportionate focus on Israel." She said that the hypocrisy was further exposed in the
Golan Heights resolution that was advocated by the Syrian regime at a time when it was murdering its own citizens. On 19 June 2018, the United States pulled out of the UNHRC accusing the body of bias against Israel and a failure to hold human rights abusers accountable.
Nikki Haley,
US Ambassador to the UN, called the organisation a "cesspool of political bias". At UNHRC's 38th Session on 2 July 2018, Western nations
de facto boycotted Agenda Item 7 by not speaking to it. Israel had been condemned in 78 resolutions by the Council since its creation in 2006—more resolutions condemning Israel than the rest of the world combined. ==Other specific issues==