Israeli practices/Special Cttee work – Fourth Cttee draft resolution

Afghanistan, Algeria, Bahrain, Comoros, Cuba, Djibouti, Egypt, Indonesia, Jordan, Kuwait, Malaysia, Morocco, Oman, Qatar, Saudi Arabia, Somalia, South Africa, Sudan, Tunisia, United Arab Emirates, Yemen and Palestine:
draft resolution

Israeli practices affecting the human rights of the Palestinian people in the occupied Palestinian territory, including Jerusalem

The General Assembly,

Recalling its relevant resolutions, including those adopted at its tenth emergency special session, and the resolutions of the Commission on Human Rights, 

  Bearing in mind the relevant resolutions of the Security Council, 

Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories ¹ and the reports of the Secretary-General, ² 

Taking note of the report of the Human Rights Inquiry Commission established by the Commission on Human Rights ³ and the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, ⁴ 

  Aware of the responsibility of the international community to promote human rights and ensure respect for international law,

Reaffirming the principle of the inadmissibility of the acquisition of territory by force,

Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, ⁵ to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Reaffirming further the obligation of the States Parties to the Fourth Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties,

Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process,

Concerned about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including the use of collective punishment, reoccupation and closure of areas, confiscation of land, establishment and expansion of settlements and destruction of property and all other actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including East Jerusalem,

Gravely concerned by the tragic events that have occurred since 28 September 2000 and that have led to thousands of deaths and injuries, mostly among Palestinian civilians,

Expressing deep concern about the destruction incurred by the Israeli occupying forces, including the destruction of homes and properties, of religious, cultural and historical sites, of vital infrastructure and institutions of the Palestinian Authority, and of agricultural land throughout Palestinian cities, towns, villages and refugee camps,

Also expressing deep concern about the Israeli policy of closure and the severe restrictions, including curfews, imposed on the movement of persons and goods, including medical and humanitarian personnel and goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and the consequent impact on the socio-economic situation of the Palestinian people, which has resulted in a dire humanitarian crisis,

Expressing concern that thousands of Palestinians continue to be held in Israeli prisons or detention centres, and also expressing concern about their ill-treatment and harassment and even reports of torture,

Condemning the military operations by the Israeli occupying forces in the Jenin refugee camp and the loss of life, injury, destruction and displacement inflicted on many of its civilian inhabitants,

Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and to contribute to the protection of Palestinian civilians and to help the parties to implement agreements reached, and, in this regard, recalls the positive contribution of the Temporary International Presence in Hebron,

Stressing the necessity for the full implementation of all relevant Security Council resolutions,

1. Determines that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,⁵ and contrary to the relevant resolutions of the Security Council, are illegal and have no validity;

2. Demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions taken in violation of the Convention, including extrajudiciary executions;

3. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially the excessive use of force by Israeli forces against Palestinian civilians, resulting in extensive loss of life, vast numbers of injuries and massive destruction;

4. Demands that Israel, the occupying Power, cease all practices and actions that violate the human rights of the Palestinian people;

5. Stresses the need to preserve the territorial integrity of all the Occupied Palestinian Territory and to guarantee the freedom of movement of persons and goods within the Palestinian territory, including the removal of restrictions on movement into and from East Jerusalem, and the freedom of movement to and from the outside world;

6. Requests the Secretary-General to report to the General Assembly at its fifty-eighth session on the implementation of the present resolution.

Notes

¹A/57/207 and A/57/421.

²A/57/314-318.

³E/CN.4/2001/121.

⁴E/CN.4/2001/30

⁵United Nations, Treaty Series, vol. 75, No. 973.

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