Separation wall/ICJ advisory opinion request – GA 10th emergency special session – Draft resolution

Algeria, Bahrain, Brunei Darussalam, Djibouti, Egypt, Jordan, Lebanon, Malaysia, Mauritania, Morocco, Namibia, Oman, Saudi Arabia, Somalia, Sudan, Tunisia, United Arab Emirates, Yemen and Palestine: draft resolution

Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory

The General Assembly,

Guided by the principles of the Charter of the United Nations,

Aware of the established principle of international law on the inadmissibility of the acquisition of territory by force,

Aware also that developing friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples is among the purposes and principles of the Charter of the United Nations,

Recalling relevant General Assembly resolutions, including resolution 181 (II) of 1947, which partitioned Mandated Palestine into two States, one Arab and one Jewish,

Recalling also the resolutions of the tenth emergency special session,

Recalling also relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 267 (1969) of 3 July 1969, 298 (1971) of 25 September 1971, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996 and 1397 (2002) of 12 March 2002,

Reaffirming the applicability of the Fourth Geneva Convention as well as Protocol 1 Additional to the Conventions to the Occupied Palestinian Territory, including East Jerusalem,

Recalling the Regulations Annexed to the Hague Convention No. IV Respecting the Laws and Customs of War on Land of 1907,

Welcoming the convening of the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including Jerusalem, at Geneva on 15 July 1999,

Expressing its support for the declaration adopted by the reconvened Conference of High Contracting Parties at Geneva on 5 December 2001,

Recalling in particular relevant United Nations resolutions affirming that Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, are illegal and an obstacle to peace and economic and social development as well as those demanding the complete cessation of settlement activities,

Recalling also relevant United Nations resolutions affirming that actions taken by Israel, the occupying Power, to change the status and demographic composition of Occupied East Jerusalem have no legal validity and are null and void,

Gravely concerned at the commencement and continuation of construction by Israel, the occupying Power, of a wall in the Occupied Palestinian Territory, including East Jerusalem, that has involved the confiscation and destruction of Palestinian land and resources, the disruption of the lives of thousands of protected civilians and the de facto annexation of large areas of territory, and underlining the unanimous opposition by the international community to the construction of that wall,

Gravely concerned also at the even more devastating impact of the projected parts of the wall on the Palestinian civilian population and on the prospects for solving the Palestinian-Israeli conflict and establishing peace in the region,

Welcoming the report of 8 September 2003 of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967, in particular the section regarding the wall,

Affirming the necessity of ending the conflict on the basis of the two-State solution of Israel and Palestine living side by side in peace and security based on the armistice line of 1949, in accordance with relevant Security Council and General Assembly resolutions,

Bearing in mind the constraints of time that require the immediate cessation of the construction of the above-mentioned wall and its dismantlement,

1. Decides, in accordance with article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to article 65 of the Statute of the Court, for an advisory opinion on the following question, taking into account the constraints of time:

Is Israel, the occupying Power, under legal obligation to cease its construction of the wall in the Occupied Palestinian Territory, including East Jerusalem, which departs from the 1949 armistice line (Green line), as detailed above, and to dismantle the existing parts of the wall under relevant provisions of international law and taking into account relevant Security Council and General Assembly resolutions?