United Nations

A/RES/38/180


General Assembly

Distr. GENERAL  

19 December 1983

ORIGINAL:
ENGLISH



                                                  A/RES/38/180
                                                  19 December 1983
                                                  Meeting no. 102
 
                  The situation in the Middle East
 
                                 A
     The General Assembly,
 
     Having discussed the item entitled "The situation in the Middle East",
 
     Taking note of the report of the Secretary-General of
30 September 1983,
 
     Recalling Security Council resolution 497 (1981) of 17 December 1981,
 
     Reaffirming its resolutions 36/226 B of 17 December 1981, ES-9/1 of
5 February 1982 and 37/123 A of 16 December 1982,
 
     Recalling its resolution 3314 (XXIX) of 14 December 1974, in which it
defined an act of aggression, inter alia, as "the invasion or attack by the
armed forces of a State of the territory of another State, or any military
occupation, however temporary, resulting from such invasion or attack, or any
annexation by the use of force of the territory of another State or part
thereof" and provided that "no consideration of whatever nature, whether
political, economic, military or otherwise, may serve as a justification for
aggression",
 
     Reaffirming the fundamental principle of the inadmissibility of the
acquisition of territory by force,
 
     Reaffirming once more the applicability of the Geneva Convention relative
to the Protection of Civilian Persons in Time of War, of 12 August 1949, to
the occupied Palestinian and other Arab territories, including Jerusalem,
 
     Noting that Israel's record, policies and actions establish conclusively
that it is not a peace-loving Member State and that it has not carried out its
obligations under the Charter of the United Nations,
 
     Noting further that Israel has refused, in violation of Article 25 of the
Charter, to accept and carry out the numerous relevant decisions of the
Security Council, in particular resolution 497 (1981), thus failing to carry
out its obligations under the Charter,
 
     1.   Strongly condemns Israel for its failure to comply with Security
Council resolution 497 (1981) and General Assembly resolutions 36/226 B,
ES-9/1 and 37/123 A;
 
     2.   Declares once more that Israel's continued occupation of the Golan
Heights and its decision of 14 December 1981 to impose its laws, jurisdiction
and administration on the occupied Syrian Golan Heights constitute an act of
aggression under the provisions of Article 39 of the Charter of the United
Nations and General Assembly resolution 3314 (XXIX);
 
     3.   Declares once more that Israel's decision to impose its laws,
jurisdiction and administration on the occupied Syrian Golan Heights is
illegal and therefore null and void and has no validity whatsoever;
 
     4.   Declares all Israeli policies and practices of, or aimed at,
annexation of the occupied Palestinian and other Arab territories, including
Jerusalem, to be illegal and in violation of international law and of the
relevant United Nations resolutions;
 
     5.   Determines once more that all actions taken by Israel to give effect
to its decision relating to the occupied Syrian Golan Heights are illegal and
invalid and shall not be recognized;
 
     6.   Reaffirms its determination that all relevant provisions annexed to
the Hague Convention No. IV of 1907, and the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, continue to
apply to the Syrian territory occupied by Israel since 1967, and calls upon
the parties thereto to respect and ensure respect of their obligations under
these instruments in all circumstances;
 
     7.   Determines once more that the continued occupation of the Syrian
Golan Heights since 1967 and their annexation by Israel on 14 December 1981,
following Israel's decision to impose its laws, jurisdiction and
administration on that territory, constitute a continuing threat to
international peace and security;
 
     8.   Strongly deplores the negative vote by a permanent member of the
Security Council which prevented the Council from adopting against Israel,
under Chapter VII of the Charter, the "appropriate measures" referred to in
resolution 497 (1981) unanimously adopted by the Council;
 
     9.   Further deplores any political, economic, financial, military and
technological support to Israel that encourages Israel to commit acts of
aggression and to consolidate and perpetuate its occupation and annexation of
occupied Arab territories;
 
     10.  Firmly emphasizes once more its demand that Israel, the occupying
Power, rescind forthwith its illegal decision of 14 December 1981 to impose
its laws, jurisdiction and administration on the Syrian Golan Heights, which
resulted in the effective annexation of that territory;
 
     11.  Reaffirms once more the overriding necessity of the total and
unconditional withdrawal by Israel from all the Palestinian and other Arab
territories occupied since 1967, including Jerusalem, which is an essential
prerequisite for the establishment of a comprehensive and just peace in the
Middle East;
 
     12.  Determines once more that Israel's record, policies and actions
confirm that it is not a peace-loving Member State, that it has persistently
violated the principles contained in the Charter and that it has carried out
neither its obligations under the Charter nor its commitment under General
Assembly resolution 273 (III) of 11 May 1949;
 
     13.  Calls once more upon all Member States to apply the following
measures:
 
     (a)  To refrain from supplying Israel with any weapons and related
equipment and to suspend any military assistance that Israel receives from
them;
 
     (b)  To refrain from acquiring any weapons or military equipment from
Israel;
 
     (c)  To suspend economic, financial and technological assistance to and
co-operation with Israel;
 
     (d)  To sever diplomatic, trade and cultural relations with Israel;
 
     14.  Reiterates its call to all Member States to cease forthwith,
individually and collectively, all dealings with Israel in order totally to
isolate it in all fields;
 
     15.  Urges non-member States to act in accordance with the provisions of
the present resolution;
 
     16.  Calls upon the specialized agencies and other international
institutions to conform their relations with Israel to the terms of the
present resolution;
 
     17.  Requests the Secretary-General to report to the General Assembly at
its thirty-ninth session on the implementation of the present resolution.
 
                                      B
     The General Assembly,
 
     Recalling the relevant provisions of the Universal Declaration of Human
Rights,
 
     Recalling also the Constitution of the United Nations Educational,
Scientific and Cultural Organization and all other relevant international
instruments concerning the right to cultural identity in all its forms,
 
     Having learned that the Israeli army, during its occupation of Beirut,
seized and took away archives and documents of every kind concerning
Palestinian history and culture, including cultural articles belonging to
Palestinian institutions - in particular the Palestine Research Centre -
archives, documents, manuscripts and materials such as film documents,
literary works by major authors, paintings, objets d'art and works of
folklore, research works and so forth, serving as a foundation for the
history, culture, national awareness, unity and solidarity of the Palestinian
people,
 
     1.   Condemns those acts of plundering of the Palestinian cultural
heritage;
 
     2.   Calls upon the Government of Israel to make full restitution,
through the United Nations Educational, Scientific and Cultural Organization,
of all cultural property belonging to Palestinian institutions, including the
archives and documents removed from the Palestine Research Centre and
arbitrarily seized by the Israeli forces;
 
     3.   Requests the Secretary-General to report to the General Assembly at
its thirty-ninth session on the implementation of the present resolution.
 
                                      C
     The General Assembly,
 
     Recalling its resolutions 36/120 E of 10 December 1981 and 37/123 C of
16 December 1982, in which it determined that all legislative and
administrative measures and actions taken by Israel, the occupying Power,
which had altered or purported to alter the character and status of the Holy
City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and
the proclamation of Jerusalem as the capital of Israel, were null and void and
must be rescinded forthwith,
 
     Recalling Security Council resolution 478 (1980) of 20 August 1980, in
which the Council, inter alia, decided not to recognize the "Basic Law" and
called upon those States that had established diplomatic missions at Jerusalem
to withdraw such missions from the Holy City,
 
     1.   Declares once more that Israel's decision to impose its laws,
jurisdiction and administration on the Holy City of Jerusalem is illegal and
therefore null and void and has no validity whatsoever;
 
     2.   Deplores the transfer by some States of their diplomatic missions to
Jerusalem in violation of Security Council resolution 478 (1980);
 
     3.   Calls once again upon those States to abide by the provisions of the
relevant United Nations resolutions, in conformity with the Charter of the
United Nations;
 
     4.   Requests the Secretary-General to report to the General Assembly at
its thirty-ninth session on the implementation of the present resolution.
 
                                D
     The General Assembly,
 
     Having discussed the item entitled "The situation in the Middle East",
 
     Reaffirming its resolutions 36/226 A and B of 17 December 1981, ES-9/1 of
5 February 1982 and 37/123 F of 16 December 1982,
 
     Recalling Security Council resolutions 425 (1978) of 19 March 1978, 497
(1981) of 17 December 1981, 508 (1982) of 5 June 1982, 509 (1982) of 6 June
1982, 511 (1982) of 18 June 1982, 512 (1982) of 19 June 1982, 513 (1982) of 4
July 1982, 515 (1982) of 29 July 1982, 516 (1982) of 1 August 1982, 517 (1982)
of 4 August 1982, 518 (1982) of 12 August 1982, 519 (1982) of 17 August 1982,
520 (1982) of 17 September 1982 and 521 (1982) of 19 September 1982,
 
     Taking note of the report of the Secretary-General of 12 October 1982,
 
     Welcoming the world-wide support extended to the just cause of the
Palestinian people and the other Arab countries in their struggle against
Israeli aggression and occupation in order to achieve a comprehensive, just
and lasting peace in the Middle East and the full exercise by the Palestinian
people of its inalienable national rights, as affirmed by previous resolutions
of the General Assembly relating to the question of Palestine and to the
situation in the Middle East,
 
     Gravely concerned that the Arab and Palestinian territories occupied
since 1967, including Jerusalem, still remain under Israeli occupation, that
the relevant resolutions of the United Nations have not been implemented and
that the Palestinian people is still denied the restoration of its land and
the exercise of its inalienable national rights in conformity with
international law, as reaffirmed by resolutions of the United Nations,
 
     Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, to all
the occupied Palestinian and other Arab territories, including Jerusalem,
 
     Reiterating all relevant United Nations resolutions which emphasize that
the acquisition of territory by force is inadmissible under the Charter of the
United Nations and the principles of international law and that Israel must
withdraw unconditionally from all the Palestinian and other Arab territories
occupied by Israel since 1967, including Jerusalem,
 
     Reaffirming further the imperative necessity of establishing a
comprehensive, just and lasting peace in the region, based on full respect for
the Charter and the principles of international law,
 
     Gravely concerned also at recent Israeli actions involving the escalation
and expansion of the conflict in the region, which further violate the
principles of international law and endanger international peace and security,
 
     Recognizing the great importance of the time factor in the endeavours to
achieve a comprehensive, just and lasting peace in the Middle East,
 
     1.   Reaffirms its conviction that the question of Palestine is the core
of the conflict in the Middle East and that no comprehensive, just and lasting
peace in the region will be achieved without the full exercise by the
Palestinian people of its inalienable national rights and the immediate,
unconditional and total withdrawal of Israel from all the Palestinian and
other occupied Arab territories;
 
     2.   Reaffirms further that a just and comprehensive settlement of the
situation in the Middle East cannot be achieved without the participation on
an equal footing of all the parties to the conflict, including the Palestine
Liberation Organization, the representative of the Palestinian people;
 
     3.   Declares once more that peace in the Middle East is indivisible and
must be based on a comprehensive, just and lasting solution of the Middle East
problem, under the auspices and on the basis of relevant resolutions of the
United Nations, which ensures the complete and unconditional withdrawal of
Israel from the Palestinian and other Arab territories occupied since 1967,
including Jerusalem, and which enables the Palestinian people, under the
leadership of the Palestine Liberation Organization, to exercise its
inalienable rights, including the right to return and the right to
self-determination, national independence and the establishment of its
independent sovereign State in Palestine, in accordance with the resolutions
of the United Nations relevant to the question of Palestine, in particular
General Assembly resolutions ES-7/2 of 29 July 1980, 36/120 A to F of
10 December 1981, 37/86 A to D of 10 December 1982 and 37/86 E of 20
December 1982;
 
     4.   Welcomes the Arab Peace Plan adopted unanimously at the Twelfth Arab
Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to
9 September 1982;
 
     5.   Condemns Israel's continued occupation of the Palestinian and other
Arab territories, including Jerusalem, in violation of the Charter of the
United Nations, the principles of international law and the relevant
resolutions of the United Nations, and demands the immediate, unconditional
and total withdrawal of Israel from all the territories occupied since June
1967;
 
     6.   Rejects all agreements and arrangements which violate the recognized
rights of the Palestinian people and contradict the principles of just and
comprehensive solutions to the Middle East problem to ensure the establishment
of a just peace in the area;
 
     7.   Deplores Israel's failure to comply with Security Council
resolutions 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980 and
General Assembly resolutions 35/207 of 16 December 1980 and 36/226 A and B of
17 December 1981, determines that Israel's decision to annex Jerusalem and to
declare it as its "capital" as well as the measures to alter its physical
character, demographic composition, institutional structure and status are
null and void and demands that they be rescinded immediately, and calls upon
all Member States, the specialized agencies and all other international
organizations to abide by the present resolution and all other relevant
resolutions, including Assembly resolutions 37/86 A to E;
 
     8.   Condemns Israel's aggression, policies and practices against the
Palestinian people in the occupied Palestinian territories and outside these
territories, particularly Palestinians in Lebanon, including the expropriation
and annexation of territory, the establishment of settlements, assassination
attempts and other terrorist, aggressive and repressive measures, which are in
violation of the Charter and the principles of international law and the
relevant international conventions;
 
     9.   Strongly condemns the imposition by Israel of its laws, jurisdiction
and administration on the occupied Syrian Golan Heights, its annexationist
policies and practices, the establishment of settlements, the confiscation of
lands, the diversion of water resources and the imposition of Israeli
citizenship on Syrian nationals, and declares that all these measures are null
and void and constitute a violation of the rules and principles of
international law relevant to belligerent occupation, in particular the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949;
 
     10.  Considers that the agreements on strategic co-operation between the
United States of America and Israel signed on 30 November 1981, together with
the recent accords concluded in this context, would encourage Israel to pursue
its aggressive and expansionist policies and practices in the Palestinian and
other Arab territories occupied since 1967, including Jerusalem, would have
adverse effects on efforts for the establishment of a comprehensive, just and
lasting peace in the Middle East and would threaten the security of the
region;
 
     11.  Calls upon all States to put an end to the flow to Israel of any
military, economic and financial aid, as well as of human resources, aimed at
encouraging it to pursue its aggressive policies against the Arab countries
and the Palestinian people;
 
     12.  Strongly condemns the continuing and increasing collaboration
between Israel and the racist regime of South Africa, especially in the
economic, military and nuclear fields, which constitutes a hostile act against
the African and Arab States and enables Israel to enhance its nuclear
capabilities, thus subjecting the States of the region to nuclear blackmail;
 
     13.  Reaffirms the call for the convening of an international peace
conference on the Middle East - as specified in paragraph 5 of the Geneva
Declaration on Palestine, adopted on 7 September 1983 by the International
Conference on the Question of Palestine - under the auspices of the United
Nations and on the basis of relevant resolutions of the United Nations;
 
     14.  Requests the Secretary-General to report to the Security Council
periodically on the development of the situation and to submit to the General
 
Assembly at its thirty-ninth session a comprehensive report covering the
developments in the Middle East in all their aspects.
 
                                      E
 
     The General Assembly,
 
     Having considered the item entitled "The situation in the Middle East",
 
     Recalling its resolutions 36/226 A of 17 December 1981 and 37/123 F of
20 December 1982, in which it stated, inter alia, its concern over certain
factors which exacerbate the situation in the Middle East,
 
     Deeply concerned at recent developments in the Middle East and the
critical situation confronting the region resulting from the continued
escalation of Israel's policy of aggression, expansion and annexation in the
region,
 
     Expressing grave concern over the continued supply of modern arms and war
materials to Israel, augmented by substantial economic aid, without which
Israel's policy of aggression and of flouting United Nations resolutions could
not be maintained,
 
     Deeply aware that the recent reported agreements following the memorandum
of understanding between the United States of America and Israel will increase
Israel's intransigence and its war potential and escalate its expansionist and
annexationist policies in the Palestinian and other Arab territories occupied
since 1967, including Jerusalem, at a time when it is defying United Nations
resolutions,
 
     1.   Declares, accordingly, the international responsibility of any party
or parties that supply Israel with arms or economic aid that augment its war
potential;
 
     2.   Expresses deep concern at and condemns all steps which may result in
augmenting the capability of Israel and contributing to its policy of
aggression against countries in the region;
 
     3.   Demands that all States, particularly the United States of America,
in the light of the said agreements, refrain from taking any step that would
support Israel's war capabilities and consequently its aggressive acts,
whether in the Palestinian and other Arab territories occupied since 1967 or
against countries in the region;
 
     4.   Calls upon all States to review, in the light of the present
resolution, any agreement, whether military, economic or otherwise, concluded
with Israel.