Israeli practices/Fourth Geneva Convention – SecGen report

Applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories

Report of the Secretary-General**

1. The present report is submitted pursuant to General Assembly resolution 60/105 of 8 December 2005, the operative part of which reads as follows:

“The General Assembly, “…

“1. Reafirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;

“2. Demands that Israel accept the de jure applicability of the Convention in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, and that it comply scrupulously with the provisions of the Convention;

“3. Calls upon all High Contracting Parties to the Convention, in accordance with article 1 common to the four Geneva Conventions, and as mentioned in the advisory opinion of the International Court of Justice of 9 July 2004, to continue to exert all efforts to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;

“4. Reiterates the need for speedy implementation of the relevant recommendations contained in the resolutions adopted by the General Assembly at its tenth emergency special session, including resolution ES-10/15, with regard to ensuring respect by Israel, the occupying Power, for the provisions of the Convention;

“5. Requests the Secretary-General to report to the General Assembly at its sixty-first session on the implementation of the present resolution.”

2.  On 29 June 2006, the Secretary-General addressed a note verbale to the Government of Israel, in which he requested, in view of his reporting responsibilities under the resolution, that the Government inform him of any steps it had taken or envisaged taking concerning the implementation of the relevant provisions of the resolution.

3. No reply had been received at the time of the preparation of the present report.

4.  By a note verbale dated 29 June 2006 sent to all permanent missions regarding General Assembly resolutions 60/104, 60/105, 60/106, 60/107 and 60/108, the Secretary-General also drew the attention of all the High Contracting Parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) to paragraph 3 of resolution 60/105 and to paragraph 6 of resolution 60/108.

5. No reply had been received at the time of preparation of the present report.

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* A/61/150.

** The present document was submitted late so as to include the maximum number of replies from Governments.

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