United Nations

A/RES/48/59


General Assembly

Distr. GENERAL  

14 December 1993

ORIGINAL:
ENGLISH



                                                 A/RES/48/59
                                                 79th plenary meeting
                                                 14 December 1993
 
 
                      The situation in the Middle East
 
                                       A
 
                                   Jerusalem
 
      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,
40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11
December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C
of 13 December 1990, 46/82 B of 16 December 1991 and 47/63 B of 11 December
1992, 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Jerusalem as the capital of Israel, were null and void and must be rescinded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 also 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 25 October
1993,
 
      1.    Determines that the decision of Israel 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 more 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-ninth session on the implementation of the present resolution.
 
                                       B
 
                                 Syrian Golan
 
      The General Assembly,
 
      Having considered the item entitled "The situation in the Middle East",
 
      Taking note of the report of the Secretary-General of 25 October 1993,
 
      Recalling Security Council resolution 497 (1981) of 17 December 1981,
 
      Recalling also its resolution 3314 (XXIX) of 14 December 1974, in the
annex to 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 Syrian Golan,
 
      Noting that Israel has refused, in violation of Article 25 of the
Charter of the United Nations, to accept and carry out Security Council
resolution 497 (1981),
 
      Deeply concerned that Israel has not withdrawn from the Syrian Golan,
which has been under occupation since 1967, contrary to the relevant Security
Council and General Assembly resolutions,
 
      Taking note with satisfaction of the convening at Madrid of the Peace
Conference on the Middle East on the basis of Security Council resolutions 242
(1967) of 22 November 1967 and 338 (1973) of 22 October 1973, but regretting
that a just and comprehensive peace has not yet been achieved after two years
of negotiation in Washington, D.C.,
 
      1.    Declares that Israel has failed so far to comply with Security
Council resolution 497 (1981);
 
      2.    Declares once more that Israel's decision to impose its laws,
jurisdiction and administration on the occupied Syrian Golan is illegal and
therefore null and void and has no validity whatsoever;
 
      3.    Declares also that the Knesset decision of 11 November 1991
annexing the occupied Syrian Golan constitutes a grave violation of Security
Council resolution 497 (1981) and therefore is null and void and has no
validity whatsoever;
 
      4.    Declares further all Israeli policies and practices of, or aimed
at, annexation of the occupied Arab territories since 1967, including the
occupied Syrian Golan, 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 decisions relating to the occupied Syrian Golan 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 those instruments in all circumstances;
 
      7.    Determines once more that the continued occupation of the Syrian
Golan since 1967 and its de facto 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 peace and
security in the region;
 
      8.    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, and its
decision of 11 November 1991, which resulted in the effective annexation of
that territory;
 
      9.    Demands once more that Israel withdraw from the occupied Syrian
Golan in implementation of the relevant Security Council resolutions;
 
      10.   Calls upon the international community to urge Israel to withdraw
from the occupied Syrian Golan and other occupied Arab territories for the
establishment of a just, comprehensive and lasting peace in the region;
 
      11.   Requests the Secretary-General to report to the General Assembly
at its forty-ninth session on the implementation of the present resolution.