The main question in terms of admissibility

[pappu9265]

The claimed violations encompass a range of CRPD rights, including the right to life (Article 10), the rights to liberty and security of person (Article 14), freedom from torture and cruel, inhuman or degrading treatment or punishment (Article 15), and the right to the highest attainable standard of health (Article 25). Additionally, the authors assert a violation of Article 11 of the Convention, which guarantees the right to protection and safety of persons with disabilities in situations of risk, including armed conflict and humanitarian emergencies.

Palestine responded to the complaint by arguing that Israel’s effective control over the military buffer zone in the occupied Gaza Strip makes the latter State responsible for investigating the alleged violations, questioning in this respect how the alleged disappearances went unhindered. Moreover, it noted that the blockade and restrictions imposed by the Israeli occupation forces limit its capacity to reach the occupied Gaza Strip and conduct investigations effectively. Finally, it pointed to phone number list the political division between the Palestinian Authority (PA) and Hamas, as well as Hamas’ control over the occupied Gaza Strip, as factors that hinder effective investigations.
was thus whether Mangisto and al-Sayed, despite being in Palestinian territory, were indeed subject to its jurisdiction. The Committee addressed the challenge by reverting to the jurisprudence of the European Court of Human Rights (ECtHR), in particular to Ilascu and others v the Republic of Moldova and Russia. In that case, the Court acknowledged that a State’s ability to exercise its authority in part of its territory may be hindered due to factors such as military occupation by another State, acts of war or rebellion, or support from a foreign State for the establishment of a separatist entity within the State’s territory (Ilascu and others, para 312). A key point upon which the Ilascu judgment turned to was that even when its jurisdiction is limited, the territorial State ‘still has a positive obligation to take the diplomatic, economic, judicial or other measures that are in its power to take and are in accordance with international law to secure to the residents in such a territory the rights guaranteed by the European Convention’.