United Nations

A/RES/39/146


General Assembly

Distr. GENERAL  

14 December 1984

ORIGINAL:
ENGLISH



                                                       A/RES/39/146
                                                       14 December 1984
                                                       Meeting no. 101
 
                       The situation in the Middle East
 
                                      A
     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, 37/123 F of 20 December 1982 and 38/180 A to D of
19 December 1983,
 
     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, 521 (1982) of
19 September 1982 and 555 (1984) of 12 October 1984,
 
     Taking note of the reports of the Secretary-General,
 
     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 Palestinian and other Arab 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 the continuing 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,
 
     Stressing 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 of the United Nations 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, 37/86 E of 20 December 1982 and
     38/58 A to E of 13 December 1983;
 
     4.   Considers 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, as an important contribution towards the
     achievement of a comprehensive, just and lasting peace in the Middle
     East;
 
     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
     inalienable rights of the Palestinian people and contradict the
     principles of a just and comprehensive solution 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 and
     decisions;
 
     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 relative 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 consitutes 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 its 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 fortieth session a comprehensive report covering
     the developments in the Middle East in all their aspects.
 
                                      B
     The General Assembly,
 
     Having discussed the item entitled "The situation in the Middle East",
 
     Taking note of the report of the Secretary-General of 2 October 1984,
 
     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, 37/123 A of 16 December 1982 and 38/180 A of 19 December
1983,
 
     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, 37/123 A and 38/180 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 of the
     Regulations annexed to the Hague Convention 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
     confirms 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
     organizations 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 fortieth session on the implementation of the present resolution.
 
                                      C
     The General Assembly,
 
     Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of
16 December 1982 and 38/180 C of 19 December 1983, 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,
 
     Having considered the report of the Secretary-General of 2 October 1984,
 
     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) and
     their refusal to comply with the provisions of that resolution;
 
     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 fortieth session on the implementation of the present resolution.