General Assembly

Distr. GENERAL  

5 December 1986

ORIGINAL:
ENGLISH

                                                A/RES/41/162
                                                5 December 1986
                                                97th plenary meeting
 
                           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, 38/58 A to E of
13 December 1983, 38/180 A to D of 19 December 1983, 39/146 A to C of
14 December 1984 and 40/168 A to C of 16 December 1985,
 
     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 of 14 March 1986,
16 July 1986 and 29 October 1986,
 
     Reaffirming the need for continued collective support for the decisions
adopted by the Twelfth Arab Summit Conference, held at Fez, Morocco, on
25 November 1981 and from 6 to 9 September 1982 reiterating its previous
resolutions regarding the Palestinian question and its support for the
Palestine Liberation Organization as the sole, legitimate representative of
the Palestinian people, and considering that the convening of the
International Peace Conference on the Middle East, under the auspices of the
United Nations, in accordance with General Assembly resolution 38/58 C and
other relevant resolutions related to the question of Palestine, would
contribute to the promotion of peace in the region,
 
     Welcoming all efforts contributing towards the realization of the
inalienable rights of the Palestinian people through the achievement of a
comprehensive, just and lasting peace in the Middle East, in accordance with
the United Nations resolutions relating to the question of Palestine and to
the situation in the Middle East,
 
     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
Palestinian and other occupied Arab territories, including Jerusalem,
 
     Reaffirming also all relevant United Nations resolutions which stipulate
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 it has occupied 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 policies 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 once again the great importance of the time factor in the
endeavours to achieve an early 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 its
relevant resolutions, 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 relating 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, 38/58 A to E of 13 December 1983, 39/49 A to D of 11 December 1984 and
40/96 A to D of 12 December 1985;
 
     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, and reiterated by the Extraordinary Summit Conference of
the Arab States held at Casablanca, Morocco, from 7 to 9 August 1985, as well
as relevant efforts and action to implement the Fez plan, as an important
contribution towards the realization of the inalienable rights of the
Palestinian people through 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 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, including expropriation, establishment of settlements, annexation
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, and the
continued supply of modern arms and materiel to Israel, augmented by
substantial economic aid, including the recently concluded Agreement on the
Establishment of a Free Trade Area between the two Governments, have
encouraged Israel to pursue its aggressive and expansionist policies and
practices in the Palestinian and other Arab territories occupied since 1967,
including Jerusalem, and have had adverse effects on efforts for the
establishment of a comprehensive, just and lasting peace in the Middle East
and pose a threat to the security of the region;
 
     11.  Calls once more upon all States to put an end to the flow to Israel
of any military, economic, financial and technological 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 its call for the convening of the International Peace
Conference on the Middle East, under the auspices of the United Nations and on
the basis of its relevant resolutions, as specified in paragraph 5 of the
Geneva Declaration on Palestine and endorsed by the General Assembly in its
resolution 38/58 C of 13 December 1983;
 
     14.  Endorses the call for setting up a preparatory committee, within the
framework of the Security Council, with the participation of the permanent
members of the Council, to take the necessary action to convene the
Conference;
 
     15.  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 forty-second 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 29 October 1986,
 
     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, 38/180 A of 19 December 1983,
39/146 B of 14 December 1984 and 40/168 B of 16 December 1985,
 
     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
thererof" and provided that "no consideration of whatever nature, whether
political, economic, military or otherwise, may serve as a justification for
aggression",
 
     Reaffirming the fundamental principles of the inadmissibility of the
aquisition 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 Palestinian and other occupied 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, 38/180 A, 39/146 B and 40/168 B;
 
     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 Palestinian and other occupied 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
for 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
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 forty-second 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, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984
and 40/168 C of 16 December 1985, 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 29 October 1986,
 
     1.   Determines 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 forty-second session on the implementation of the present resolution.