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 Jerusalem, and the other occupied Arab Territories

Report of the Secretary-General**

1. The present report is submitted in pursuance of General Assembly resolution 55/131 of 8 December 2000, 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 Occupied Palestinian Territory, including 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 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 States parties to the Convention, in accordance with article 1 common to the four Geneva Conventions, to exert all efforts in order to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;

“4. Reiterates the need for speedy implementation of the recommendations contained in its resolutions ES-10/3 of 15 July 1997, ES-10/4 of 13 November 1997, ES-10/5 of 17 March 1998, ES-10/6 of 9 February 1999 and ES-10/7 of 20 October 2000 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 fifty-sixth session on the implementation of the present resolution.”

2. On 31 May 2001, the Secretary-General addressed a note verbale to the Minister for Foreign Affairs of the State of Israel, in which he requested, in view of his reporting responsibilities under the resolution, that the Minister inform him of any steps his Government 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 31 May 2001, the Secretary-General also drew the attention of all States parties to the Convention to paragraph 3 of General Assembly resolution 55/131.

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** The footnote requested by the General Assembly in resolution 54/248 was not included in the submission.