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 40/161 E)
1. The present report is submitted in pursuance of General Assembly resolution 40/161 E of 16 December 1985, the operative part of which reads as follows:
"The General Assembly,
"…
"1. Strongly condemns Israel, the occupying Power, for its persistent refusal to comply with the relevant resolutions of the Security Council and the General Assembly;
"2. Demands that the Government of Israel, the occupying Power, rescind the illegal measures taken by the Israeli military occupation authorities in expelling the Mayor of Halhul, the Sharia Judge of Hebron and, in 1985, other Palestinians and that it facilitate the immediate return of the expelled Palestinians so that they can, inter alia, resume the functions for which they were elected and appointed;
"3. Calls upon Israel, the occupying Power, to rescind its illegal decision taken on 26 October 1985 and refrain from deporting the four Palestinian leaders;
"4. Further calls upon Israel, the occupying Power, to cease forthwith the expulsion of Palestinians and to abide scrupulously by the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
"5. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-first session on the implementation of the present resolution."
2. On 13 February 1986, 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 which the Government of Israel had taken or envisaged taking in implementation of the relevant provisions of the resolution.
3. On 2 July 1986, the Acting Permanent Representative of Israel addressed to the Secretary-General the following reply:
"The position of the Government of Israel on General Assembly resolution 40/161 E was fully set out in the statement by the Permanent Representative of Israel in the Security Council on 19 December 1980 (S/PV.2259), in letters by the Permanent Representative of Israel dated 23 January 1981 and 19 March 1982 addressed to the Secretary-General, 1/ and in statements by Israel's representative in the Special Political Committee on 8 November 1985 (A/SPC/40/PV.27). On 7 November 1985 Israel distributed additional information (A/C.6/40/9) to the United Nations delegations regarding Muhammed Milhem, one of the expelled mayors.
"Milhem, now residing in Jordan, continues to supply arms and explosives to PLO terrorists. Quoting from document A/C.6/40/9, 'In March 1985, [Milhem] took part in planning attacks in the Jenin area of Samaria. In April 1985, a special [PLO] terrorist unit was sent from North Yemen to the Wahdat refugee camp in Amman, and placed at Milhem's disposal. A few days later, after a meeting of the PLO's military council in Tunisia, Milhem, Abu Tayeb, and Abu Muatassem … met in Amman to plan an attack in Tel Aviv' ) Abu Tayeb and Abu Muatassem are notorious PLO terrorists).
"Resolution 41/63 E displays the most biased and distorted picture of the events surrounding these expulsions. In light of the above-mentioned recent developments, this resolution proves to be even more preposterous in its assertions. As such, this resolution, based on erroneous assumptions, should be dropped from the General Assembly's agenda."
1/ See A/36/85-S/14350, para. 6, and A/37/162, para. 4.
