ISLAMABAD - The UN Human Rights Council has decided to establish an independent international commission to probe into all alleged violations of international humanitarian law, international human rights law, root causes of tensions between Israel and Palestine.

The decision was made at the special session of UNHRC held in Geneva yesterday where a powerful resolution was tabled by Pakistani ambassador to the UN in Geneva Ambassador Khalil Hashmi at the end of the debate on recent Israeli aggression in Gaza.

The resolution reaffirmed that all states have an obligation to promote and protect human rights and fundamental freedoms, as affirmed in the United Nations Charter and in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable instruments,

The resolution also reaffirmed the applicability of international human rights law and international humanitarian law, in particular the Fourth Geneva Convention related to the Protection of Civilian Persons in Time of War of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem.

It reaffirmed that all high contracting parties to the Fourth Geneva Convention are under the obligation to respect and ensure respect for the obligations arising from the said Convention in relation to the Occupied Palestinian Territory, including East Jerusalem, and recalling their obligations under articles 146, 147 and 148 with regard to penal sanctions and grave breaches,

The resolution recalled the Guiding Principles on Business and Human Rights, which place responsibilities on all business enterprises to respect human rights by, inter alia, refraining from contributing to human rights abuses arising from conflict,

The council is convinced that justice and respect for the rule of law and human rights are the indispensable basis for peace, and stressing that long-standing and systemic impunity for international law violations has thwarted justice, created a protection crisis and undermined all efforts to achieve a just and peaceful solution that warrants action in line with international law and relevant United Nations resolutions,

The resolution says the council decided that the commission of inquiry shall establish the facts and circumstances that may amount to such violations and abuses and of the crimes perpetrated.

The commission would collect, consolidate, and analyse evidence of such violations and abuses and of the crimes perpetrated, and systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, in accordance with international law standards, in order to maximise the possibility of its admissibility in legal proceedings

The commission would identify, where possible, those responsible, with a view to ensuring that the perpetrators of violations are held accountable;

It would also make recommendations, in particular on accountability measures, all with a view to avoiding and ending impunity and ensuring legal accountability, including individual criminal and command responsibility, for such violations, and justice for victims;

The commission would provide recommendations on measures to be taken by third States to ensure respect for international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and in fulfilment of their obligations under articles 146, 147 and 148 of the said Convention, including by ensuring that they do not aid or assist in the commission of internationally wrongful acts;

The resolution calls upon all relevant parties to cooperate fully with the commission of inquiry and facilitate its access.

The council urged the United Nations system as a whole to cooperate fully with the commission of inquiry and to respond promptly to any request made by it, including access to all information and documentation.

Earlier, addressing the session virtually from Islamabad, Foreign Minister Shah Mehmood Qureshi urged the Human Rights Council to ensure the realization of the fundamental rights of Palestinians and “hold the aggressor accountable through international inquiry”.

He said the two-week aggression ignited violence and communal attacks against Palestinians, thus calling into question the tall claims of democracy and rule of law.

Emphasizing on ensuring Palestinians’ rights to life and self-determination, Qureshi said “condoning to violations only breeds arrogance and impunity”.

The FM said Pakistan supported the Human Rights Council’s deliberations and decisions in accordance with the merits of the human rights situation in Palestine and also urged upon the others to do likewise.

As the apex UN body, he said, HRC was mandated to guard human rights and human dignity and mentioned that today’s Special Session, requisitioned by 70 countries, was an exercise of this important mandate.

Qureshi said the people of Palestine had, once again, faced a relentless onslaught on their rights and dignity, in two weeks of brutal Israeli aggression.

He stressed that the violent repression compounded several aspects of the perpetual Palestinian tragedy in seven decades of illegal occupation.

In this regard, he mentioned the continuous killings of civilians and disproportionately affecting the vulnerable including women and children.

He pointed that continuing Israeli settlement activity was acting as a “driver and force multiplier of occupation and violence”.