Israeli practices – SecGen report

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 B)

1. The present report is submitted in pursuance of General Assembly resolution 42/160 B of 8 December 1987, the operative part of which reads as follows:

"The General Assembly,

"…

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

"2. Condemns once again the failure of Israel, the occupying Power, to acknowledge the applicability of the Convention to the territories it has occupied since 1967, including Jerusalem;

"3. Strongly demands that Israel acknowledge and comply with the provisions of the Convention in the Palestinian and other Arab territories it has occupied since 1967, including Jerusalem;

"4. Urgently calls upon all States parties to the Convention to exert all efforts in order to ensure respect for and compliance with its provisions in the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;

"5. Requests the Secretary-General to report to the General Assembly at its forty-third session on the implementation of the present resolution."

2. On 5 February 1988, the Secretary-General addressed a note verbale to the Permanent Representative of Israel to the United Nations, in which he requested, in view of his reporting responsibilities under the resolution, that the Permanent Representative inform him of any steps his Government 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 to the United Nations replied as follows:

"Israel maintains that in view of the sui generis status of Judea, Samaria and the Gaza District, the de jure applicability of the Fourth Geneva Convention to these areas is doubtful.  Israel prefers to leave aside the legal question of the status of these areas and has decided, since 1967, to act de facto in accordance with the humanitarian provisions of that Convention."

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*A/43/150.