United Nations

A/RES/ES-10/4


General Assembly

Distr. GENERAL  

13 November 1997

ORIGINAL:
ENGLISH



                                                   A/RES/ES-10/4
                                                   7th plenary meeting
                                                   13 November 1997
 
      ES-10/4. Illegal Israeli actions in Occupied East Jerusalem and
               the rest of the Occupied Palestinian Territory
 
     The General Assembly,
 
     Having received the report of the Secretary-General submitted in
accordance with paragraph 10 of its resolution ES-10/3 of 15 July 1997,
 
     Having received at an earlier date the report of the Secretary-General
submitted in accordance with paragraph 9 of its resolution ES-10/2 of 25 April
1997,
     Determined to uphold the purposes and principles of the Charter of the
United Nations, international humanitarian law and all other instruments of
international law, as well as relevant General Assembly and Security Council
resolutions,
 
     Reiterating the demands made in resolutions ES-10/2 and ES-10/3, namely:
 
     (a)  The immediate and full cessation of the construction in Jebel Abu
Ghneim and of all other Israeli settlement activities, as well as of all
illegal measures and actions in Jerusalem;
 
     (b)  That Israel accept the de jure applicability of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, to all the territories occupied since 1967, and that it comply
with relevant Security Council resolutions, in accordance with the Charter of
the United Nations;
     (c)  That Israel, the occupying Power, immediately cease and reverse all
actions taken illegally, in contravention of international law, against
Palestinian Jerusalemites;
 
     (d)  That Israel, the occupying Power, make available to Member States
the necessary information about goods produced or manufactured in the illegal
settlements in the Occupied Palestinian Territory, including Jerusalem,
 
     Aware that Israel, the occupying Power, has not heeded any of the above-
mentioned demands and that it continues with its illegal actions in Occupied
East Jerusalem and the rest of the Occupied Palestinian Territory,
 
     Having been informed in the report of the Secretary-General of the
responses of the High Contracting Parties to the Geneva Convention and of the
collective responses transmitted through letters from the President of the
Coordinating Bureau of the Movement of Non-Aligned Countries, the Secretary-
General of the League of Arab States and the Presidency of the Council of the
European Union, to the note sent by the Government of Switzerland in its
capacity as the depository of the Convention,
 
     Reaffirming the permanent responsibility of the United Nations with
regard to the question of Palestine until it is solved in all its aspects,
 
     Having received a letter dated 20 August 1997 from the Permanent Observer
Mission of Palestine to the United Nations, informing about specific cases of
assistance by individuals for illegal settlement activities,
 
     Gravely concerned at the continuing deterioration of the Middle East
peace process and the lack of implementation of the agreements reached,
 
     Reaffirming that all illegal Israeli actions in Occupied East Jerusalem
and the rest of the Occupied Palestinian Territory, especially settlement
activities, and the practical results thereof, cannot be recognized
irrespective of the passage of time,
 
     Recalling its rejection of terrorism in all its forms and manifestations
in accordance with all relevant resolutions and declarations of the United
Nations
 
     1.   Condemns the failure of the Government of Israel to comply with the
provisions of resolutions ES-10/2 and ES-10/3, in particular the continuation
of the building of a new settlement in Jebel Abu Ghneim to the south of
Occupied East Jerusalem;
 
     2.   Reiterates its call for the cessation of all forms of assistance and
support for illegal Israeli activities in the Occupied Palestinian Territory,
including Jerusalem, in particular settlement activities;
 
     3.   Reiterates its recommendation to the High Contracting Parties to the
Geneva Convention relative to the Protection of Civilian Persons in Time of
War, to take measures on a national or regional level, in fulfilment of their
obligations under article 1 of the Convention, to ensure respect by Israel,
the occupying Power, of the Convention, as well as its recommendation to
Member States to actively discourage activities that directly contribute to
any construction or development of Israeli settlements in the Occupied
Palestinian Territory, including Jerusalem, as these activities contravene
international law;
 
     4.   Reiterates also its recommendation that the High Contracting Parties
to the Geneva Convention convene a conference on measures to enforce the
Convention in the Occupied Palestinian Territory, including Jerusalem, and to
ensure its respect in accordance with common article 1;
 
     5.   Recommends to the Government of Switzerland, in its capacity as the
depository of the Geneva Convention, to undertake the necessary steps,
including the convening of a meeting of experts in order to follow up on the
above- mentioned recommendation, as soon as possible and with a target date
not later than  the end of February 1998;
 
     6.   Requests the Government of Switzerland to invite the Palestine
Liberation Organization to participate in the above-mentioned conference and
any preparatory steps for that conference;
 
     7.   Calls for reinjecting momentum into the stalled Middle East peace
process and for the implementation of the agreements reached between the
Government of Israel and the Palestine Liberation Organization, as well as for
the upholding of the principles of the process, including the exchange of land
for peace;
 
     8.   Decides that, in case of continuous lack of compliance by Israel,
the occupying Power, with the provisions of resolutions ES-10/2 and ES-10/3,
it shall reconsider the situation with a view to making further appropriate
recommendations to the States Members of the United Nations in accordance with
its resolution 377 A (V) of 3 November 1950;
 
     9.   Decides to adjourn the tenth emergency special session of the
General Assembly temporarily and to authorize the President of the most recent
General Assembly to resume its meetings upon request from Member States.