Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories
Report of the Special Political and Decolonization Committee (Fourth Committee)
Rapporteur: Mr. Michal Komada (Slovakia)
I. Introduction
1. At its 2nd plenary meeting, on 20 September 2013, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-eighth session the item entitled “Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories” and to allocate it to the Special Political and Decolonization Committee (Fourth Committee).
2. The Fourth Committee held a general debate on the item at its 23rd and 24th meetings, on 8 and 11 November 2013, and took action on the item at its 25th meeting, on 14 November (see A/C.4/68/SR.23 , 24 and 25).
3. For its consideration of the item, the Committee had before it the following documents:
(a) Report of the Secretary-General on the 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 East Jerusalem, and the other occupied Arab territories ( A/68/313 );
(b) Report of the Secretary-General on the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories ( A/68/355 );
(c) Report of the Secretary-General on the occupied Syrian Golan ( A/68/378 );
(d) Report of the Secretary-General on Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem ( A/68/502 );
(e) Report of the Secretary-General on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan ( A/68/513 );
(f) Note by the Secretary-General transmitting the forty-fifth report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories ( A/68/379 ).
4. At the 23rd meeting, on 8 November, the representative of Sri Lanka, in his capacity as Chair of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, introduced the report of that Committee (see A/C.4/68/SR.23 ).
5. At the same meeting, the Assistant Secretary-General for Human Rights introduced the reports of the Secretary-General (see A/C.4/68/SR.23 ).
6. Also at the 23rd meeting, the observer for the State of Palestine made a statement (see A/C.4/68/SR.23 ).
II. Consideration of proposals
7. At its 25th meeting, on 14 November, the Committee was informed that the draft resolutions contained in documents A/C.4/68/L.16 to L.20 had no programme budget implications.
A. Draft resolution A/C.4/68/L.16
8. At the 25th meeting, on 14 November, the representative of Cuba, on behalf of Afghanistan, Algeria, Bahrain, Bangladesh, Benin, Bolivia (Plurinational State of), Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Namibia, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Sierra Leone, South Africa, the Sudan, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and the State of Palestine, introduced a draft resolution entitled “Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories” ( A/C.4/68/L.16 ). Subsequently, Mauritania and Nigeria joined in sponsoring the draft resolution.
9. At the same meeting, the Committee adopted draft resolution A/C.4/68/L.16 by a recorded vote of 88 to 8, with 73 abstentions (see para. 20, draft resolution I). The voting was as follows:
In favour:
Afghanistan, Algeria, Angola, Antigua and Barbuda, Armenia, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bolivia (Plurinational State of), Brazil, Brunei Darussalam, Cambodia, Chile, China, Congo, Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea, Djibouti, Dominican Republic, Ecuador, Egypt, Ghana, Grenada, Guinea, Guyana, India, Indonesia, Iran (Islamic Republic of), Iraq, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Libya, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Qatar, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, United Republic of Tanzania, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
Against:
Australia, Canada, Israel, Micronesia (Federated States of), Nauru, Palau, Panama, United States of America.
Abstaining:
Albania, Andorra, Argentina, Austria, Bahamas, Belgium, Bosnia and Herzegovina, Botswana, Bulgaria, Cameroon, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Mongolia, Montenegro, Netherlands, New Zealand, Norway, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, San Marino, Serbia, Slovakia, Slovenia, South Sudan, Spain, Sweden, Switzerland, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tonga, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay, Vanuatu.
B. Draft resolution A/C.4/68/L.17
10. At the 25th meeting, on 14 November, the representative of Cuba, on behalf of Afghanistan, Algeria, Bahrain, Bangladesh, Benin, Bolivia (Plurinational State of), Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Namibia, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Sierra Leone, South Africa, the Sudan, Tunisia, the United Arab Emirates, the United Republic of Tanzania, Venezuela (Bolivarian Republic of), Yemen and the State of Palestine, introduced a draft resolution entitled “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 East Jerusalem, and the other occupied Arab territories” ( A/C.4/68/L.17 ). Subsequently, Mauritania and Nigeria joined in sponsoring the draft resolution.
11. At the same meeting, the Committee adopted draft resolution A/C.4/68/L.17 by a recorded vote of 160 to 6, with 5 abstentions (see para. 20, draft resolution II). The voting was as follows:
In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
Against:
Canada, Israel, Micronesia (Federated States of), Nauru, Palau, United States of America.
Abstaining:
Australia, Cameroon, Papua New Guinea, South Sudan, Vanuatu.
C. Draft resolution A/C.4/68/L.18
12. At the 25th meeting, on 14 November, the representative of Cuba, on behalf of Afghanistan, Algeria, Bahrain, Bangladesh, Benin, Bolivia (Plurinational State of), Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Namibia, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Sierra Leone, South Africa, the Sudan, Tunisia, the United Arab Emirates, the United Republic of Tanzania, Venezuela (Bolivarian Republic of), Yemen and the State of Palestine, introduced a draft resolution entitled “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan” ( A/C.4/68/L.18 ). Subsequently, Mauritania and Nigeria joined in sponsoring the draft resolution.
13. At the same meeting, the Committee adopted draft resolution A/C.4/68/L.18 by a recorded vote of 158 to 6, with 8 abstentions (see para. 20, draft resolution III). The voting was as follows:
In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
Against:
Canada, Israel, Micronesia (Federated States of), Nauru, Palau, United States of America.
Abstaining:
Australia, Cameroon, Honduras, Panama, Papua New Guinea, Solomon Islands, South Sudan, Vanuatu.
D. Draft resolution A/C.4/68/L.19
14. At the 25th meeting, on 14 November, the representative of Cuba, on behalf of Afghanistan, Algeria, Bahrain, Bangladesh, Benin, Bolivia (Plurinational State of), Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Namibia, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Sierra Leone, South Africa, the Sudan, Tunisia, the United Arab Emirates, the United Republic of Tanzania, Venezuela (Bolivarian Republic of), Yemen and the State of Palestine, introduced a draft resolution entitled “Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem” ( A/C.4/68/L.19 ). Subsequently, Mauritania and Nigeria joined in sponsoring the draft resolution.
15. At the same meeting, the Committee adopted draft resolution A/C.4/68/L.19 by a recorded vote of 156 to 8, with 7 abstentions (see para. 20, draft resolution IV). The voting was as follows:
In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Cambodia, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
Against:
Australia, Canada, Israel, Micronesia (Federated States of), Nauru, Palau, Panama, United States of America.
Abstaining:
Cameroon, Honduras, Papua New Guinea, Paraguay, Solomon Islands, South Sudan, Vanuatu.
E. Draft resolution A/C.4/68/L.20
16. At the 25th meeting, on 14 November, the representative of Cuba, on behalf of Algeria, Bahrain, Belarus, Brunei Darussalam, the Comoros, Cuba, Djibouti, Ecuador, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and the State of Palestine, introduced a draft resolution entitled “The occupied Syrian Golan” ( A/C.4/68/L.20 ). Subsequently, Mauritania and Nigeria joined in sponsoring the draft resolution.
17. At the same meeting, the Committee adopted draft resolution A/C.4/68/L.20 by a recorded vote of 159 to 1, with 11 abstentions (see para. 20, draft resolution V). The voting was as follows:
In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
Against:
Israel.
Abstaining:
Cameroon, Canada, Honduras, Micronesia (Federated States of), Nauru, Palau, Papua New Guinea, South Sudan, Tonga, United States of America, Vanuatu.
18. After the vote, statements in explanation of vote on draft resolutions A/C.4/68/L.16 , A/C.4/68/L.17 , A/C.4/68/L.18 , A/C.4/68/L.19 and A/C.4/68/L.20 were made by the representatives of Lithuania (on behalf of the European Union) and the Islamic Republic of Iran (see A/C.4/68/SR.25 ).
19. The representative of the Syrian Arab Republic and the observer for the State of Palestine made statements (see A/C.4//68/SR.25 ).
III. Recommendations of the Special Political and Decolonization Committee (Fourth Committee)
20. The Special Political and Decolonization Committee (Fourth Committee) recommends to the General Assembly the adoption of the following draft resolutions:
Draft resolution I
Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories
The General Assembly,
Guided by the purposes and principles of the Charter of the United Nations,
Guided also by international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 as well as international standards of human rights, in particular the Universal Declaration of Human Rights2 and the International Covenants on Human Rights,3
Recalling its relevant resolutions, including resolutions 2443 (XXIII) of 19 December 1968 and 67/118 of 18 December 2012, and the relevant resolutions of the Human Rights Council, including resolution S-12/1, adopted by the Council at its twelfth special session on 16 October 2009,4
Recalling also the relevant resolutions of the Security Council,
Taking into account the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory,5and recalling in this regard its resolution ES-10/15 of 20 July 2004,
Recalling its resolution 58/292 of 6 May 2004,
Taking note of the report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem,6
Convinced that occupation itself represents a gross and grave violation of human rights,
Gravely concerned about the continuing detrimental impact of ongoing unlawful Israeli practices and measures in the Occupied Palestinian Territory, including East Jerusalem, including the excessive use of force by the Israeli occupying forces against Palestinian civilians, resulting in the death and injury of civilians, the widespread destruction of property and vital infrastructure, ongoing settlement activities and construction of the wall, the internal forced displacement of civilians, the imposition of collective punishment measures, particularly against the civilian population in the Gaza Strip, where continuing severe restrictions on movement amount to a blockade, and the detention and imprisonment of thousands of Palestinians,
Gravely concerned also about all acts of violence, intimidation and provocation by Israeli settlers against Palestinian civilians and properties, including homes, mosques, churches and agricultural lands,
Gravely concerned in particular by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the military operations in the Gaza Strip between December 2008 and January 2009, including the findings in the summary by the Secretary-General of the report of the Board of Inquiry7 and in the report of the United Nations Fact-Finding Mission on the Gaza Conflict,8 and reiterating the necessity for serious follow-up by all parties to the recommendations addressed to them towards ensuring accountability and justice,
Gravely concerned about the loss of life and injury among civilians, including women and children, during the military operations in the Gaza Strip between 14 and 22 November 2012,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories9 and the relevant reports of the Secretary-General,10
Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 199311 and the subsequent implementation agreements between the Palestinian and Israeli sides,
Stressing the urgency of bringing a complete end to the Israeli occupation that began in 1967 and thus an end to the violation of the human rights of the Palestinian people, and of allowing for the realization of their inalienable human rights, including their right to self-determination and their independent State,
Taking note of the application of Palestine for admission to membership in the United Nations, submitted on 23 September 2011,12
Recalling its resolution 67/19 of 29 November 2012, by which, inter alia, Palestine was accorded non-member observer State status in the United Nations, and taking note of the follow-up report of the Secretary-General,13
Taking note of the resumption, on 29 July 2013, of Israeli-Palestinian negotiations, aimed at resolving all core final status issues, and expressing the hope for their success in the conclusion of a final, just and comprehensive peace agreement within the agreed nine-month time frame,
1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly and for its impartiality;
2. Reiterates its demand that Israel, the occupying Power, cooperate, in accordance with its obligations as a State Member of the United Nations, with the Special Committee in implementing its mandate;
3. Deplores those policies and practices of Israel that violate the human rights of the Palestinian people and other Arabs of the occupied territories, as reflected in the report of the Special Committee covering the reporting period;9
4. Expresses grave concern about the critical situation in the Occupied Palestinian Territory, including East Jerusalem, particularly in the Gaza Strip, as a result of unlawful Israeli practices and measures, and especially condemns and calls for the immediate cessation of all illegal Israeli settlement activities and the construction of the wall, as well as the excessive and indiscriminate use of force against the civilian population, settler violence, the destruction and confiscation of properties, the forced displacement of civilians, all measures of collective punishment, and the detention and imprisonment of thousands of civilians;
5. Requests the Special Committee, pending complete termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, especially Israeli violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 and to consult, as appropriate, with the International Committee of the Red Cross according to its regulations in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary-General as soon as possible and whenever the need arises thereafter;
6. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the current situation in the Occupied Palestinian Territory, including East Jerusalem;
7. Further requests the Special Committee to continue to investigate the treatment and status of the thousands of prisoners and detainees, including children and women, in Israeli prisons and detention centres in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, and expresses grave concern about harsh conditions and ill-treatment of prisoners and recent hunger strikes, while taking note of the agreement reached in May 2012 concerning conditions of detention in Israeli prisons and calling for its full and immediate implementation;
8. Requests the Secretary-General:
(a) To provide the Special Committee with all necessary facilities, including those required for its visits to the occupied territories, so that it may investigate the Israeli policies and practices referred to in the present resolution;
(b) To continue to make available such staff as may be necessary to assist the Special Committee in the performance of its tasks;
(c) To circulate regularly to Member States the periodic reports mentioned in paragraph 6 above;
(d) To ensure the widest circulation of the reports of the Special Committee and of information regarding its activities and findings, by all means available, through the Department of Public Information of the Secretariat and, where necessary, to reprint those reports of the Special Committee that are no longer available;
(e) To report to the General Assembly at its sixty-ninth session on the tasks entrusted to him in the present resolution;
9. Decides to include in the provisional agenda of its sixty-ninth session the item entitled “Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories”.
Draft resolution II
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 East Jerusalem, and the other occupied Arab territories
The General Assembly,
Recalling its relevant resolutions, including resolution 67/119 of 18 December 2012,
Bearing in mind the relevant resolutions of the Security Council,
Recalling the Regulations annexed to the Hague Convention IV of 1907, the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,14 and relevant provisions of customary law, including those codified in Additional Protocol I15 to the four Geneva Conventions,16
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories17 and the relevant reports of the Secretary-General,18
Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,19 and also recalling General Assembly resolution ES-10/15 of 20 July 2004,
Noting in particular the Court’s reply, including that the Fourth Geneva Convention14 is applicable in the Occupied Palestinian Territory, including East Jerusalem, and that Israel is in breach of several of the provisions of the Convention,
Recalling the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, held on 15 July 1999, as well as the Declaration adopted by the reconvened Conference on 5 December 2001 and the need for the parties to follow up the implementation of the Declaration,
Welcoming and encouraging the initiatives by States parties to the Convention, both individually and collectively, according to article 1 common to the four Geneva Conventions, aimed at ensuring respect for the Convention, as well as the continuing efforts of the depositary State of the Geneva Conventions in this regard,
Stressing that Israel, the occupying Power, should comply strictly with its obligations under international law, including international humanitarian law,
1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,14 is applicable to the Occupied Palestinian Territory, including East 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 East 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 High Contracting Parties to the Convention, in accordance with article 1 common to the four Geneva Conventions16 and as mentioned in the advisory opinion of the International Court of Justice of 9 July 2004,19 to continue to exert all efforts to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;
4. Reiterates the need for speedy implementation of the relevant recommendations contained in the resolutions adopted by the General Assembly, including at its tenth emergency special session and including resolution ES-10/15, 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 sixty-ninth session on the implementation of the present resolution.
Draft resolution III
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan
The General Assembly,
Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force,
Recalling its relevant resolutions, including resolution 67/120 of 18 December 2012, as well as those resolutions adopted at its tenth emergency special session,
Recalling also the relevant resolutions of the Security Council, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981 and 904 (1994) of 18 March 1994,
Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,20 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan,
Affirming that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies constitutes a breach of the Fourth Geneva Convention20 and relevant provisions of customary law, including those codified in Additional Protocol I21 to the four Geneva Conventions,22
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory,23 and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Noting that the International Court of Justice concluded that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law”,24
Taking note of the recent reports of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,25
Taking note also of the report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem,26
Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 199327 and the subsequent implementation agreements between the Palestinian and Israeli sides,
Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,28 and emphasizing specifically its call for a freeze on all settlement activity, including so-called natural growth, and the dismantlement of all settlement outposts erected since March 2001, and the need for Israel to uphold its obligations and commitments in this regard,
Taking note of its resolution 67/19 of 29 November 2012,
Aware that Israeli settlement activities involve, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the forced displacement of Palestinian civilians, including Bedouin families, the exploitation of natural resources and other actions against the Palestinian civilian population and the civilian population in the occupied Syrian Golan that are contrary to international law,
Bearing in mind the extremely detrimental impact of Israeli settlement policies, decisions and activities on the efforts to resume and advance the peace process, on the credibility of the peace process and on the prospects for the achievement of peace in the Middle East in accordance with the two-State solution of Israel and Palestine, living side by side in peace and security within recognized borders, on the basis of the pre-1967 borders,
Expressing grave concern about the continuation by Israel, the occupying Power, of settlement activities in the Occupied Palestinian Territory, including East Jerusalem, in violation of international humanitarian law, relevant United Nations resolutions, the agreements reached between the parties and obligations under the Quartet road map, and in defiance of the calls by the international community to cease all settlement activities,
Expressing grave concern in particular about Israel’s construction and expansion of settlements in and around occupied East Jerusalem, including its so called E-1 plan that aims to connect its illegal settlements around and further isolate occupied East Jerusalem, the continuing demolition of Palestinian homes and eviction of Palestinian families from the city, the revocation of Palestinian residency rights in the city, and ongoing settlement activities in the Jordan Valley,
Expressing grave concern about the continuing unlawful construction by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern in particular about the route of the wall in departure from the Armistice Line of 1949, which is causing humanitarian hardship and a serious decline of socioeconomic conditions for the Palestinian people, is fragmenting the territorial contiguity of the Territory and undermining its viability, and could prejudge future negotiations and make the two-State solution physically impossible to implement,
Deeply concerned that the wall’s route has been traced in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,
Deploring settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan and any activities involving the confiscation of land, the disruption of the livelihood of protected persons, the forced displacement of civilians and the de facto annexation of land,
Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction,
Gravely concerned about the rising incidents of violence, destruction, harassment, provocation and incitement by extremist Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, against Palestinian civilians, including children, and their properties, including historic and religious sites, and agricultural lands,
Noting the special meeting of the Security Council convened on 26 September 2008, as well as the meeting of the Council of 18 February 2011,
1. Reaffirms that the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development;
2. Calls upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,20 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49, and to comply with all of its obligations under international law and cease immediately all actions causing the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and of the occupied Syrian Golan;
3. Reiterates its demand for the immediate and complete cessation of all Israeli settlement activities in all of the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls in this regard for the full implementation of all the relevant resolutions of the Security Council, including, inter alia, resolutions 446 (1979) , 452 (1979) of 20 July 1979, 465 (1980) , 476 (1980) and 1515 (2003) of 19 November 2003;
4. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice;23
5. Reiterates its call for the prevention of all acts of violence, destruction, harassment and provocation by Israeli settlers, especially against Palestinian civilians and their properties, including historic and religious sites, and agricultural lands;
6. Calls for accountability for the illegal actions perpetrated by Israeli settlers in the Occupied Palestinian Territory, and stresses in this regard the need for the implementation of Security Council resolution 904 (1994) , in which the Council called upon Israel, the occupying Power, to continue to take and implement measures, including confiscation of arms, aimed at preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory;
7. Encourages all States and international organizations to continue to actively pursue policies that ensure respect for their obligations under international law with regard to all illegal Israeli practices and measures in the Occupied Palestinian Territory, including East Jerusalem, particularly Israeli settlements;
8. Requests the Secretary-General to report to the General Assembly at its sixty-ninth session on the implementation of the present resolution.
Draft resolution IV
Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem
The General Assembly,
Recalling also the International Covenant on Civil and Political Rights,31 the International Covenant on Economic, Social and Cultural Rights31 and the Convention on the Rights of the Child,32and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem,
Reaffirming its relevant resolutions, including resolution 67/121 of 18 December 2012 as well as those adopted at its tenth emergency special session,
Recalling the relevant resolutions of the Human Rights Council,
Recalling also the relevant resolutions of the Security Council, and stressing the need for their implementation,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories33 and the report of the Secretary-General on the work of the Special Committee,34
Taking note of the recent reports of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,35 as well as of other relevant recent reports of the Human Rights Council,
Aware of the responsibility of the international community to promote human rights and ensure respect for international law, and recalling in this regard its resolution 2625 (XXV) of 24 October 1970,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,36 and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Noting in particular the Court’s reply, including that the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime are contrary to international law,
Taking note of its resolution 67/19 of 29 November 2012,
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 1949,37 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 Convention37 under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties,
Reaffirming that all States have the right and the duty to take actions in conformity with international law and international humanitarian law to counter deadly acts of violence against their civilian population in order to protect the lives of their citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process, including the Sharm el-Sheikh understandings, and the implementation of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,38
Stressing also the need for the full implementation of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip,
Expressing grave concern about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the excessive use of force and military operations causing death and injury to Palestinian civilians, including children, women and non-violent, peaceful demonstrators; the arbitrary imprisonment and detention of Palestinians, some of whom have been imprisoned for decades; the use of collective punishment; the closure of areas; the confiscation of land; the establishment and expansion of settlements; the construction of a wall in the Occupied Palestinian Territory in departure from the Armistice Line of 1949; the destruction of property and infrastructure; the forced displacement of civilians; 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 in particular about the critical humanitarian, socioeconomic and security situation in the Gaza Strip, including that resulting from the prolonged closures and severe economic and movement restrictions that in effect amount to a blockade and from the continuing negative repercussions of the military operations between December 2008 and January 2009, which caused extensive loss of life and injury, particularly among Palestinian civilians, including children and women, widespread destruction and damage to Palestinian homes, properties, vital infrastructure and public institutions, including hospitals, schools and United Nations facilities, and the internal displacement of civilians, as well as about the firing of rockets into Israel,
Stressing the need for the full implementation by all parties of Security Council resolution 1860 (2009) of 8 January 2009 and General Assembly resolution ES-10/18 of 16 January 2009,
Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the military operations in the Gaza Strip between December 2008 and January 2009, including the findings in the summary by the Secretary-General of the report of the Board of Inquiry39 and in the report of the United Nations Fact-finding Mission on the Gaza Conflict,40 and reiterating the necessity for serious follow-up by all parties of the recommendations addressed to them towards ensuring accountability and justice,
Deploring the loss of civilian lives, including women and children, as a result of the hostilities that had been affecting the Gaza Strip and Israel in November 2012,
Expressing deep concern about the short- and long-term detrimental impact of such widespread destruction and the continued impeding of the reconstruction process by Israel, the occupying Power, on the human rights situation and on the socioeconomic and humanitarian conditions of the Palestinian civilian population,
Expressing deep concern also about the Israeli policy of closures and the imposition of severe restrictions, including through hundreds of obstacles to movement, checkpoints and a permit regime, all of which obstruct the freedom of movement of persons and goods, including medical and humanitarian goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the Territory’s contiguity, consequently violating the human rights of the Palestinian people and negatively impacting their socioeconomic situation and the efforts aimed at rehabilitating and developing the Palestinian economy, which remains that of a critical humanitarian situation in the Gaza Strip, while taking note of recent developments with regard to the situation of access there,
Expressing grave concern that thousands of Palestinians, including many children and women, continue to be held in Israeli prisons or detention centres under harsh conditions, including, inter alia, unhygienic conditions, solitary confinement, the extensive use of administrative detention of excessive duration without charge and denial of due process, lack of proper medical care, denial of family visits and denial of due process, that impair their well-being, and expressing grave concern also about the ill-treatment and harassment of any Palestinian prisoners and all reports of torture,
Expressing deep concern about the recent hunger strikes by numerous Palestinian prisoners in protest of the harsh conditions of their imprisonment and detention by the occupying Power, while taking note of the agreement reached in May 2012 on conditions of detention in Israeli prisons and calling for its full and immediate implementation,
Expressing concern about the possible consequences of the enactment by Israel, the occupying Power, of military orders regarding the detention, imprisonment and deportation of Palestinian civilians from the Occupied Palestinian Territory, including East Jerusalem, and recalling in this regard the prohibition under international humanitarian law of the deportation of civilians from occupied territories,
Stressing the need for the prevention of all acts of violence, harassment, provocation and incitement by extremist Israeli settlers, especially against Palestinian civilians, including children, and their properties, including homes, agricultural lands and historic and religious sites, and expressing deep concern about the violation of the human rights of Palestinians in this regard,
Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilian population and to help the parties to implement the agreements reached, and in this regard recalling the positive contribution of the Temporary International Presence in Hebron,
Taking note of the continued efforts and tangible progress made in the Palestinian security sector, calling upon the parties to continue cooperation that benefits both Palestinians and Israelis, in particular by promoting security and building confidence, and expressing the hope that such progress will be extended to all major population centres,
Urging the parties to observe calm and restraint and to refrain from provocative actions, incitement and inflammatory rhetoric, especially in areas of religious and cultural sensitivity, including in East Jerusalem, and to take every possible step to promote conditions conducive to the success of the resumed peace negotiations,
Emphasizing the right of all people in the region to the enjoyment of human rights as enshrined in the international human rights covenants,
1. Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East 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 1949,37 and contrary to the relevant resolutions of the Security Council, are illegal and have no validity;
2. Demands that Israel, the occupying Power, cease all practices and actions that violate the human rights of the Palestinian people, including the killing and injury of civilians, the arbitrary detention and imprisonment of civilians, the forced displacement of civilians, and the destruction and confiscation of civilian property, and that it fully respect human rights law and comply with its legal obligations in this regard, including in accordance with relevant United Nations resolutions;
3. Also demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 194937 and cease immediately all measures and actions taken in violation and in breach of the Convention;
4. Calls upon Israel to resume full cooperation with the Human Rights Council and the Office of the United Nations High Commissioner for Human Rights;
5. Demands that Israel, the occupying Power, cease all of its settlement activities, the construction of the wall and any other measures aimed at altering the character, status and demographic composition of the Occupied Palestinian Territory, including in and around East Jerusalem, all of which, inter alia, gravely and detrimentally impact the human rights of the Palestinian people and the prospects for a peaceful settlement based on the two-State solution;
6. Calls for urgent attention to the plight and the rights, in accordance with international law, of Palestinian prisoners and detainees in Israeli jails, and calls for efforts between the two sides for the further release of prisoners and detainees;
7. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially the excessive use of force by the Israeli occupying forces against Palestinian civilians, particularly in the Gaza Strip, which have caused extensive loss of life and vast numbers of injuries, including among children, massive damage and destruction to homes, properties, vital infrastructure and public institutions, including hospitals, schools and United Nations facilities, and agricultural lands, and internal displacement of civilians;
8. Expresses grave concern at the firing of rockets against Israeli civilian areas resulting in loss of life and injury;
9. Reiterates its demand for the full implementation of Security Council resolution 1860 (2009) ;
10. Demands that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice36 and as demanded in General Assembly resolutions ES-10/15 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto, and make reparation for all damage caused by the construction of the wall, which has gravely impacted the human rights and the socioeconomic living conditions of the Palestinian people;
11. Reiterates the need for respect for the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement of persons and goods within the Palestinian territory, including movement into and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to and from the outside world;
12. Calls upon Israel, the occupying Power, to cease its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip, and in this regard to fully implement the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, in order to allow for the sustained and regular movement of persons and goods and for the acceleration of long overdue reconstruction in the Gaza Strip;
13. Urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip;
14. Emphasizes the need to preserve and develop the Palestinian institutions and infrastructure for the provision of vital public services to the Palestinian civilian population and the promotion of human rights, including civil, political, economic, social and cultural rights;
15. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their inalienable human rights, including their right to self-determination;
16. Requests the Secretary-General to report to the General Assembly at its sixty-ninth session on the implementation of the present resolution.
Draft resolution V
The occupied Syrian Golan
The General Assembly,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, 41
Deeply concerned that the Syrian Golan, occupied since 1967, has been under continued Israeli military occupation,
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Recalling also its previous relevant resolutions, the most recent of which was resolution 67/122 of 18 December 2012,
Having considered the report of the Secretary-General submitted in pursuance of resolution 67/122 , 42
Recalling its previous relevant resolutions in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories,
Reaffirming once more the illegality of the decision of 14 December 1981 taken by Israel to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,
Reaffirming that the acquisition of territory by force is inadmissible under international law, including the Charter of the United Nations,
Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 43 to the occupied Syrian Golan,
Bearing in mind Security Council resolution 237 (1967) of 14 June 1967,
Welcoming the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 aimed at the realization of a just, comprehensive and lasting peace, and expressing grave concern about the stalling of the peace process on all tracks,
1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian Golan, in particular Security Council resolution 497 (1981) , in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect and demanded that Israel, the occupying Power, rescind forthwith its decision;
2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and in particular to desist from the establishment of settlements;
3. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,43 and have no legal effect;
4. Calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and from its repressive measures against the population of the occupied Syrian Golan;
5. Deplores the violations by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
6. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;
7. Requests the Secretary-General to report to the General Assembly at its sixty-ninth session on the implementation of the present resolution.
Notes
1United Nations, Treaty Series, vol. 75, No. 973.
2 Resolution 217 A (III).
3 Resolution 2200 A (XXI), annex.
4 See Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 53A (A/64/53/Add.1), chap. I.
5 See A/ES-10/273 and Corr.1.
6A/HRC/22/63.
7See A/63/855-S/2009/250.
8A/HRC/12/48.
9A/68/379.
10 A/68/313, A/68/355, A/68/378, A/68/502 and A/68/513.
11 A/48/486-S/26560, annex.
12 A/66/371-S/2011/592.
13A/67/738.
14 United Nations, Treaty Series, vol. 75, No. 973.
15 Ibid., vol. 1125, No. 17512.
16 Ibid., vol. 75, Nos. 970-973.
17A/68/379.
18 A/68/313, A/68/355, A/68/378, A/68/502 and A/68/513.
19 See A/ES-10/273 and Corr.1.
20 United Nations, Treaty Series, vol. 75, No. 973.
21 Ibid., vol. 1125, No. 17512.
22 Ibid., vol. 75, Nos. 970-973.
23 See A/ES-10/273 and Corr.1.
24 Ibid., advisory opinion, para. 120.
25 A/HRC/20/32; see also A/68/376 and Corr.1.
26A/HRC/22/63.
27 A/48/486-S/26560, annex.
28 S/2003/529, annex.
29 A/68/313, A/68/355, A/68/378, A/68/502 and A/68/513.
30 Resolution 217 A (III).
31 See resolution 2200 A (XXI), annex.
32 United Nations, Treaty Series, vol. 1577, No. 27531.
33A/68/379.
34A/68/355.
35 A/HRC/20/32; see also A/68/376 and Corr.1.
36 See A/ES-10/273 and Corr.1.
37 United Nations, Treaty Series, vol. 75, No. 973.
38S/2003/529, annex.
39 See A/63/855-S/2009/250.
40A/HRC/12/48.
41A/68/379.
42A/68/378.
43 United Nations, Treaty Series, vol. 75, No. 973.
_____________
Document Type: Draft resolution, General Assembly draft resolution, Report, Voting record
Document Sources: General Assembly Fourth Committee (Special Political and Decolonization)
Subject: Agenda Item, Fourth Geneva Convention, Golan Heights, Human rights and international humanitarian law, Occupation, Settlements
Publication Date: 19/11/2013