United Nations

A/RES/36/147


General Assembly

Distr. GENERAL  

16 December 1981

ORIGINAL:
ENGLISH



                                                A/RES/36/147
                                                16 December 1981
 
          Report of the Special Committee to Investigate Israeli Practices
          Affecting the Human Rights of the Population of the Occupied
          Territories
 
                                      A
               The General Assembly,
 
               Recalling its resolutions 3092 A (XXVIII) of 7 December 1973,
          3240 B (XXIX) of 29 November 1974, 3525 B (XXX) of 15 December 1975,
          31/106 B of 16 December 1976, 32/91 A of 13 December 1977, 33/113 A
          of 18 December 1978, 34/90 B of 12 December 1979 and 35/122 A of 11
          December 1980,
 
               Recalling also Security Council resolution 465 (1980) of 1
          March 1980 in which, inter alia, the Council affirmed that the
          Geneva Convention relative to the Protection of Civilian Persons in
          Time of War, of 12 August 1949, is applicable to the Arab
          territories occupied by Israel since 1967, including Jerusalem,
 
               Considering that the promotion of respect for the obligations
          arising from the Charter of the United Nations and other instruments
          and rules of international law is among the basic purposes and
          principles of the United Nations,
 
               Bearing in mind the provisions of the Geneva Convention,
 
               Noting that Israel and those Arab States whose territories have
          been occupied by Israel since June 1967 are parties to that
          Convention,
 
               Taking into account that States parties to that Convention
          undertake, in accordance with article 1 thereof, not only to respect
          but also to ensure respect for the Convention in all circumstances,
 
               1.     Reaffirms that the Geneva Convention relative to the
          Protection of Civilian Persons in Time of War, of 12 August 1949, is
          applicable to Palestinian and other Arab territories occupied by
          Israel since 1967, including Jerusalem;
 
               2.     Condemns the failure of Israel as the occupying Power to
          acknowledge the applicability of that Convention to the territories
          it has occupied since 1967, including Jerusalem;
 
               3.     Demands that Israel acknowledge and comply with the
          provisions of that Convention in Palestinian and other Arab
          territories it has occupied since 1967, including Jerusalem;
 
               4.     Urgently calls upon all States parties to that
          Convention to exert all efforts in order to ensure respect for and
          compliance with its provisions in Palestinian and other Arab
          territories occupied by Israel since 1967, including Jerusalem.
 
                                      B
               The General Assembly,
 
               Recalling its resolutions 32/5 of 28 October 1977, 33/133 B of
          18 December 1978, 34/90 C of 12 December 1979, and 35/122 B of 11
          December 1980,
 
               Recalling also Security Council resolution 465 (1980) of 1
          March 1980,
 
               Expressing grave anxiety and concern at the present serious
          situation in the occupied Palestinian and other Arab territories,
          including Jerusalem, as a result of the continued Israeli occupation
          and the measures and actions taken by the Government of Israel, as
          the occupying Power, designed to change the legal status,
          geographical nature and demographic composition of those territories,
 
               Considering that the Geneva Convention relative to the
          Protection of Civilian Persons in Time of War, of 12 August 1949,
          is applicable to all Arab territories occupied since 5 June 1967,
          including Jerusalem,
 
               1.     Determines that all such measures and actions taken by
          Israel in the Palestinian and other Arab territories occupied since
          1967, including Jerusalem, are in violation of the relevant
          provisions of the Geneva Convention relative to the Protection of
          Civilian Persons in Time of War, of 12 August 1949, and constitute a
          serious obstruction of efforts to achieve a just and lasting peace
          in the Middle East, and therefore have no legal validity;
 
               2.     Strongly deplores the persistence of Israel in carrying
          out such measures, in particular the establishment of settlements in
          the Palestinian and other occupied Arab territories, including
          Jerusalem;
 
               3.     Demands that Israel comply strictly with its
          international obligations in accordance with the principles of
          international law and the provisions of the Geneva Convention;
 
               4.     Demands once more that the Government of Israel, the
          occupying Power, desist forthwith from taking any action which would
          result in changing the legal status, geographical nature or
          demographic composition of the Palestinian and other Arab
          territories occupied since 1967, including Jerusalem;
 
               5.     Urgently calls upon all States parties to the Geneva
          Convention to respect and to exert all efforts in order to ensure
          respect for and compliance with its provisions in all Arab
          territories occupied by Israel since 1967, including Jerusalem.
 
                                      C
               The General Assembly,
 
               Guided by the purposes and principles of the Charter of the
          United Nations and by the principles and provisions of the Universal
          Declaration of Human Rights,
 
               Bearing in mind the provisions of the Geneva Convention
          relative to the Protection of Civilian Persons in Time of War, of 12
          August 1949, as well as of other relevant conventions and
          regulations,
 
               Recalling all its resolutions on the subject, in particular
          resolutions 32/91 B and C of 13 December 1977, 33/113 C of 18
          December 1978, 34/90 A of 12 December 1979, and 35/122 C of 11
          December 1980, and also those adopted by the Security Council, the
          Commission on Human Rights and other United Nations organs concerned
          and by the specialized agencies,
 
               Having considered the report of the Special Committee to
          Investigate Israeli Practices Affecting the Human Rights of the
          Population of the Occupied Territories, which contains, inter alia,
          public statements made by the leaders of the Government of Israel,
 
               1.     Commends the Special Committee to Investigate Israeli
          Practices Affecting the Human Rights of the Population of the
          Occupied Territories for its efforts in performing the tasks
          assigned to it by the General Assembly and for its thoroughness and
          impartiality;
 
               2.     Deplores the continued refusal by Israel to allow the
          Special Committee access to the occupied territories;
 
               3.     Demands that Israel allow the Special Committee access
          to the occupied territories;
 
               4.     Reaffirms the fact that occupation itself constitutes a
          grave violation of the human rights of the civilian population of
          the occupied Arab territories;
 
               5.     Condemns the continued and persistent violation by
          Israel of the Geneva Convention relative to the Protection of
          Civilian Persons in Time of War, of 12 August 1949, and other
          applicable international instruments, and condemns in particular
          those violations which that Convention designates as "grave
          breaches" thereof;
 
               6.     Declares that Israel's grave breaches of the Geneva
          Convention, are war crimes and an affront to humanity;
 
 
               7.     Strongly condemns the following Israeli policies and
          practices:
 
               (a)    Annexation of parts of the occupied territories,
          including Jerusalem;
 
               (b)    Establishment of new Israeli settlements and expansion
          of the existing settlements on private and public Arab lands, and
          transfer of an alien population thereto;
 
               (c)    Evacuation, deportation, expulsion, displacement and
          transfer of Arab inhabitants of the occupied territories and denial
          of their right to return;
 
               (d)    Confiscation and expropriation of private and public
          Arab property in the occupied territories and all other transactions
          for the acquisition of land involving the Israeli authorities,
          institutions or nationals on the one hand and the inhabitants or
          institutions of the occupied territories on the other;
 
               (e)    Excavations and transformations of the landscape and the
          historical, cultural and religious sites, especially in Jerusalem;
 
               (f)    Destruction and demolition of Arab houses;
 
               (g)    Mass arrests, administrative detention and ill-treatment
          of the Arab population;
 
               (h)    Ill-treatment and torture of persons under detention;
 
               (i)    Pillaging of archaeological and cultural property;
 
               (j)    Interference with religious freedoms and practices as
          well as family rights and customs;
 
               (k)    Interference with the system of education and with the
          social and economic development of the population in the occupied
          Palestinian and other Arab teritories;
 
               (l)    Interference with the freedom of movement of individuals
          within the occupied Palestinian and other Arab territories;
 
               (m)    Illegal exploitation of the natural wealth, resources
          and population of the occupied territories;
 
               8.     Reaffirms that all measures taken by Israel to change
          the physical character, demographic composition, institutional
          structure or status of the occupied territories, or any part
          thereof, including Jerusalem, are null and void, and that Israel's
          policy of settling parts of its population and new immigrants in the
          occupied territories constitutes a flagrant violation of the Geneva
          Convention and of relevant United Nations resolutions;
 
               9.     Demands that Israel desist forthwith from the policies
          and practices referred to in paragraphs 7 and 8 above;
 
               10.    Urges the international organizations and specialized
          agencies, in particular the International Labour Organisation to
          examine the conditions of the Arab workers in the occupied
          Palestinian and other Arab territories, including Jerusalem;
 
               11.    Reiterates its call upon all States, in particular those
          States parties to the Geneva Convention, in accordance with article
          1 of that Convention, and upon international organizations and the
          specialized agencies not to recognize any changes carried out by
          Israel in the occupied territories and to avoid actions, including
          those in the field of aid, which might be used by Israel in its
          pursuit of the policies of annexation and colonization or any of the
          other policies and practices referred to in the present resolution;
 
               12.    Requests the Special Committee, pending the early
          termination of the Israeli occupation, to continue to investigate
          Israeli policies and practices in the Arab territories occupied by
          Israel since 1967, to consult, as appropriate, with the
          International Committee of the Red Cross in order to ensure the
          safeguarding of the welfare and human rights of the population of
          the occupied territories and to report to the Secretary-General as
          soon as possible and whenever the need arises thereafter;
 
               13.    Requests the Special Committee to continue to
          investigate the treatment of civilians in detention in the Arab
          territories occupied by Israel since 1967;
 
               14.    Requests the Secretary-General:
 
               (a)    To provide all necessary facilities to the Special
          Committee, including those required for its visits to the occupied
          territories, with a view to investigating the Israeli policies and
          practices referred to in the present resolution;
 
               (b)    To continue to make available additional staff as may be
          necessary to assist the Special Committee in the performance of its
          tasks;
 
               (c)    To ensure the widest circulation of the reports of the
          Special Committee, and of information regarding its activities and
          findings, by all means available through the Department of Public
          Information of the Secretariat and, where necessary, to reprint
          those reports of the Special Committee which are no longer available;
 
               (d)    To report to the General Assembly at its thirty-seventh
          session on the tasks entrusted to him in the present paragraph;
 
               15.    Requests the Security Council to ensure Israel's respect
          for and compliance with all the provisions of the Geneva Convention
          relative to the Protection of Civilian Persons in Time of War, of 12
          August 1949, in Palestinian and other Arab territories occupied
          since 1967, including Jerusalem, and to initiate measures to halt
          Israeli policies and practices in those territories;
 
               16.    Decides to include in the provisional agenda of its
          thirty-seventh session the item entitled "Report of the Special
          Committee to Investigate Israeli Practices Affecting the Human
          Rights of the Population of the Occupied Territories".
 
                                      D
               The General Assembly,
 
               Recalling Security Council resolutions 468 (1980) of 8 May
          1980, 469 (1980) of 20 May 1980 and 484 (1980) of 19 December 1980,
 
               Deeply concerned at the expulsion by the Israeli military
          occupation authorities of the Mayors of Hebron and Halhul and of the
          Sharia Judge of Hebron,
 
               Recalling the Geneva Convention relative to the Protection of
          Civilian Persons in Time of War of 12 August 1949, and in particular
          article 1 and the first paragraph of article 49, which read as
          follows:
                                  "Article 1
                      "The High Contracting Parties undertake to respect and
               to ensure respect for the present Convention in all
               circumstances."
 
                                 "Article 49
                      "Individual or mass forcible transfers, as well as
               deportations of protected persons from occupied territory to
               the territory of the occupying Power or to that of any other
               country, occupied or not, are prohibited, regardless of their
               motive ...",
 
               Reaffirming the applicability of the Geneva Convention to the
          Palestinian and other Arab territories occupied by Israel since
          1967, including Jerusalem,
 
               1.     Demands that the Government of Israel, the occupying
          Power, rescind the illegal measures taken by the Israeli military
          occupation authorities in expelling and imprisoning the Mayors of
          Hebron and Halhul and in expelling the Sharia Judge of Hebron and
          that it facilitate the immediate return of the expelled Palestinian
          leaders so that they can resume the functions for which they were
          elected and appointed;
 
               2.     Requests the Secretary-General to report to the General
          Assembly as soon as possible on the implementation of the present
          resolution.
                                      E
               The General Assembly,
 
               Deeply concerned that the Arab territories occupied since 1967
          have been under continued illegal Israeli military occupation,
 
               Recalling its previous resolutions, in particular resolution
          3414 (XXX) of 5 December 1975, 31/61 of 9 December 1976, 32/20 of 25
          November 1977, 33/28 and 33/29 of 7 December 1978, 34/70 of 6
          December 1979 and 35/122 E of 11 December 1980, in which it, inter
          alia, called upon Israel to put an end to its illegal occupation of
          the Arab territories and to withdraw from all those territories,
 
               Gravely concerned at reports indicating measures being taken by
          the Israeli authorities to enact legislation embodying changes in
          the character and status of the occupied Syrian Arab Golan Heights,
 
               Reaffirming that the acquisition of territory by force is
          inadmissible under the Charter of the United Nations and that all
          territories thus occupied by Israel must be returned,
 
               Recalling the Geneva Convention relative to the Protection of
          Civilian Persons in Time of War, of 12 August 1949,
 
               1.     Condemns the persistence of Israel in changing the
          physical character, demographic composition, institutional structure
          and legal status of the occupied Syrian Arab Golan Heights;
 
               2.     Strongly condemns the refusal by Israel, the occupying
          Power, to comply with the relevant resolutions of the General
          Assembly and the Security Council;
 
               3.     Determines that all legislative and administrative
          measures and actions taken or to be taken by Israel, the occupying
          Power, that purport to alter the character and legal status of the
          Syrian Arab Golan Heights are null and void and constitute a
          flagrant violation of international law and of the Geneva Convention
          relative to the Protection of Civilian Persons in Time of War and
          have no legal effect;
 
               4.     Strongly condemns Israel for its attempts and measures
          to impose forcibly Israeli citizenship and Israeli identity cards on
          the Syrian citizens in the occupied Syrian Arab Golan Heights and to
          desist from its repressive measures against the population of the
          Syrian Arab Golan Heights;
 
               5.     Calls upon Member States not to recognize any of the
          legislative or administrative measures and actions referred to above;
 
               6.     Calls upon Israel, the occupying Power, to desist
          forthwith from enacting such legislative or administrative measures;
 
               7.     Requests the Secretary-General to submit a report on the
          implementation of this resolution to the General Assembly at its
          thirty-seventh session.
 
                                      F
               The General Assembly,
 
               Bearing in mind the Geneva Convention relative to the
          Protection of Civilian Persons in Time of War, of 12 August 1949,
 
               Deeply shocked by the most recent atrocities committed by
          Israel, the occupying Power, against educational institutions in the
          occupied Palestinian territories,
 
               1.     Reaffirms the applicability of the Geneva Convention
          relative to the Protection of Civilian Persons in Time of War, of 12
          August 1949, to the Palestinian and other Arab territories occupied
          by Israel since 1967, including Jerusalem;
 
               2.     Condemns Israeli policies and practices against
          Palestinian students and faculty in schools, universities and other
          educational institutions in the occupied Palestinian territories,
          especially the policy of opening fire on defenceless students,
          causing many casualties;
 
               3.     Condemns the systematic Israeli campaign of repression
          against and closing of universities in the occupied Palestinian
          territories, restricting and impeding academic activities of
          Palestinian universities by subjecting the selection of courses,
          textbooks and educational programmes, the admission of students and
          the appointment of faculty members to the control and supervision of
          the military occupation authorities, in clear contravention of the
          Geneva Convention;
 
               4.     Demands that Israel, the occupying Power, comply with
          the provisions of the Geneva Convention and rescind all actions and
          measures against all educational institutions and ensure the freedom
          of these institutions, and that it rescind immediately orders for
          the closure of the universities of Bir Zeit, Bethlehem and Al-Najah
          and facilitate the resumption of education in the above-mentioned
          institutions;
 
               5.     Requests the Secretary-General to submit a report on the
          implementation of the present resolution before the end of 1981.
 
                                      G
               The General Assembly,
 
               Recalling Security Council resolution 471 (1980) of 5 June
          1980, in which the Council condemned the assassination attempts
          against the Mayors of Nablus, Ramallah and Al Beireh and called for
          the immediate apprehension and prosecution of the perpetrators of
          these crimes,
 
               Recalling once again the Geneva Convention relative to the
          Protection of Civilian Persons in Time of War, of 12 August 1949,
          and in particular article 27, which states, inter alia:
 
               "Protected persons are entitled, in all circumstances, to
               respect for their persons ....  They shall at all times be
               humanely treated, and shall be protected especially against all
               acts of violence or threats thereof".
 
               Reaffirming the applicability of the Geneva Convention to the
          Arab territories occupied by Israel since 1967, including Jerusalem,
 
               1.     Expresses deep concern that Israel, the occupying Power,
          has failed so far to apprehend and prosecute the perpetrators of the
          assassination attempts;
 
               2.     Demands that Israel, the occupying Power, inform the
          Secretary-General of the results of the investigations relevant to
          the assassination attempts;
 
               3.     Requests the Secretary-General to submit a report not
          later than 31 December 1981 on the implementation of the present
          resolution.