REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI
PRACTICES AFFECTING THE HUMAN RIGHTS OF THE POPULATION
OF THE OCCUPIED TERRITORIES
Report of the Secretary-General
(in pursuance of General Assembly resolution 42/160 A)
1. The present report is submitted in pursuance of General Assembly resolution 42/160 A of 8 December 1987, the operative part of which reads as follows:
"1. Calls upon Israel to release all Arabs arbitrarily detained or imprisoned as a result of their struggle for self-determination and for the liberation of their territories;
"2. Notes the initial release of Palestinian prisoners on 20 May 1985;
"3. Deplores the Israeli subsequent arbitrary detention or imprisonment of hundreds of Palestinians, and demands that the Government of Israel, the occupying Power, rescind its action against the detainees and imprisoned Palestinians and release them immediately;
"4. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-third session on the implementation of the present resolution."
2. On 5 February 1988, the Secretary-General addressed a note verbal to the Permanent Representative of Israel to the United Nations, in which he requested, in view of his reporting responsibility under the resolution, that the Permanent Representative inform him of any steps which the Government of Israel had taken or envisaged taking in implementation of the relevant provisions of the resolution.
3. On 7 July 1988, the Acting Permanent Representative of Israel replied as follows:
"The reasons for Israel's rejection of resolution 42/160 A have been stated before, but in view of the resolution's unconcealed bias, it must be noted that detention and imprisonment in Judea, Samaria and Gaza are legal measures taken against terrorism and violence.
"It is Israel's duty under international law to maintain public order and security in these areas. This duty is carried out in conformity with international law and with the utmost regard for the preservation of the rule of law and the protection of human rights in keeping with the humanitarian provisions of the Geneva Conventions. Due process of law is guaranteed also by allowing detainees and prisoners to petition Israel's High Court of Justice. Delegates of the International Committee of the Red Cross (ICRC) are authorized regularly to visit prisons and detention centres where they can interview in complete privacy any prisoner or detainee they choose."
