Separation wall/ICJ advisory opinion request – ICJ dossier, list of documents

DOSSIER

MATERIALS COMPILED PURSUANT TO ARTICLE 65, PARAGRAPH 2, OF

THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

(Request for an advisory opinion by the International Court of Justice pursuant to

General Assembly Resolution A/ES-10/14)

Introductory Note

1. The introductory note to the Dossier is divided into three parts. The first part sets out

the General Assembly resolution requesting the Court to render an advisory opinion. The

second provides a brief background of the events that led to the adoption by the General

Assembly of a request for an advisory opinion. The third describes the framework of the

Dossier with emphasis on the presentation structure of relevant materials in the Dossier.

The Request

2. On 8 December 2003, the General Assembly, at its resumed Tenth Emergency Special

Session, adopted under agenda item 5, resolution ES-10/14 entitled “Illegal Israeli Actions in

Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”. The full text of

the resolution containing the request (A/Res/ES-10/14, Dossier no. 2) reads as follows:

“The General Assembly,

Reaffirming its resolution ES-10/13 of 21 October 2003,

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 29 November 1947, which partitioned mandated Palestine into two States, one Arab

and one Jewish,

Recalling also the resolutions of the tenth emergency special session of the

General Assembly,

Recalling further 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,

1397 (2002) of 12 March 2002 and 1515 (2003) of 19 November 2003,

Reaffirming the applicability of the Fourth Geneva Convention1 as well as

Additional Protocol I to the Geneva Conventions2 to the Occupied Palestinian

Territory, including East Jerusalem,

Recalling the Regulations annexed to the Hague Convention Respecting the

Laws and Customs of War on Land of 1907,3

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 to the Fourth Geneva Convention 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 to economic and social development as well as those

demanding the complete cessation of settlement activities,

Recalling 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,

Noting the agreements reached between the Government of Israel and the

Palestine Liberation Organization in the context of the Middle East peace process,

Gravely concerned at the commencement and continuation of construction by

Israel, the occupying Power, of a wall in the Occupied Palestinian Territory, including

in and around East Jerusalem, which is in departure from the Armistice Line of 1949

(Green Line) and which 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 1967,4 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,

Having received with appreciation the report of the Secretary-General

submitted in accordance with resolution ES-10/13,5

Bearing in mind that the passage of time further compounds the difficulties on

the ground, as Israel, the occupying Power, continues to refuse to comply with

international law vis-à-vis its construction of the above-mentioned wall, with all its

detrimental implications and consequences,

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, to urgently render an advisory opinion on the following question:

What are the legal consequences arising from the construction of the

wall being built by Israel, the occupying Power, in the Occupied Palestinian

Territory, including in and around East Jerusalem, as described in the report of

the Secretary-General, considering the rules and principles of international law,

including the Fourth Geneva Convention of 1949, and relevant Security Council

and General Assembly resolutions?”

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

2 Ibid., vol. 1125, No. 17512.

3 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907

(New York, Oxford University Press, 1915).

4 E/CN.4/2004/6.

5 A/ES-10/248.

Background of the events that led to the request by the General Assembly for the

advisory opinion

3. On 14 April 2002 the Government of Israel decided to build a system of fences, walls,

ditches and barriers in the West Bank. Israel then proceeded to erect what is hereinafter

referred to as “the Barrier”.

4. In his letter dated 9 October 2003 addressed to the President of the Security Council

(S/2003/973; Dossier, no. 73), the Permanent Representative of the Syrian Arab Republic and

the Chair of the Arab Group, requested, on behalf of the States Members of the League of Arab

States, an immediate meeting of the Security Council to consider the “[…] grave and ongoing

Israeli violations of international law, including international humanitarian law, and to take the

necessary measures in this regard”. The Chair specifically asked the Security Council to

address (i) “the decision by Israel to proceed with the construction of its expansionist conquest

wall in the Occupied Palestinian Territory, including East Jerusalem” and (ii) “the continuing

illegal Israeli settlement activities aimed at colonizing the Palestinian land” and had, as an

annex, a draft resolution for consideration by the Council. In his letter, the Chair of the Arab

Group referred to the letters dated 1 October 2003 (A/58/399-S/2003/929; Dossier no. 71) and

3 October 2003 (A/58/411-S/2003/938; Dossier no. 72) from the Permanent Observer of

Palestine, which referred, inter alia, to the construction of the Barrier by Israel and its “illegal

settlement activities”, respectively.

5. The Security Council held its 4841st and 4842nd meetings, on 14 October 2003, to

consider the item entitled “The situation in the Middle East, including the Palestine question

(S/PV.4841 and S/PV.4842; Dossier nos. 44, 45). The Council had before it a draft resolution

(S/2003/980; Dossier no. 84) submitted for its consideration which read as follows:

The Security Council,

Recalling its resolutions 242 (1967) of 22 November 1967, 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 principle of the inadmissibility of the acquisition of territory by

force,

Reaffirming its vision of a region where two States, Israel and Palestine, live

side by side within secure and recognized borders,

Condemning all acts of violence, terror and destruction,

Stressing the urgency of ending the current violent situation on the ground, the

need to end the occupation that began in 1967 and the need to achieve peace based on

the vision of two States mentioned above,

Reiterating its call upon Israel, the occupying Power, to fully and effectively

respect the Fourth Geneva Convention of 1949,

Reiterating its opposition to settlement activities in the Occupied Territories and

to any activities involving the confiscation of land, disruption of the livelihood of

protected persons and the de facto annexation of land,

1. Decides that the construction by Israel, the occupying Power, of a wall in

the Occupied Territories departing from the armistice line of 1949 is illegal under

relevant provisions of international law and must be ceased and reversed;

2. Requests the Secretary-General to report on the compliance with this

resolution periodically, with the first report to be submitted within one month;

3. Decides to remain seized of the matter.”

6. At its meetings on 14 October 2003, the Security Council held an open debate on the

item, at the end of which the draft resolution referred to in paragraph 5 was put to a vote, but

was not adopted owing to the negative vote of a permanent member of the Security Council.

The result of the vote was as follows: 10 in favour, 1 against and 4 abstentions (S/PV.4841 and

S/PV.4842; Dossier nos. 44, 45).

7. On 15 October 2003, the Chair of the Arab Group, on behalf of the States members of

the League of Arab States, requested the resumption of the Tenth Emergency Special Session

of the General Assembly, to consider agenda item 5, entitled “Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Palestinian Territory” (A/ES-10/242;

Dossier no. 74). This request was supported by the Non-Aligned Movement (A/ES-10/243;

Dossier no. 75) and the Organization of the Islamic Conference Group (A/ES-10/244; Dossier

no. 76).

8. The General Assembly resumed its work on 20 October 2003. At its 21st and 22nd

meetings, on 20 and 21 October 2003, respectively, the Assembly had before it three draft

resolutions (A/ES-10/L.13, A/ES-10/L.14 and A/ES-10/L.15 ; Dossier nos. 79, 80, 78). At its

22nd meeting, on 21 October, the Assembly adopted resolution ES-10/13 (Dossier no. 14) by

which it, inter alia, demanded that “Israel stop and reverse the construction of the wall in the

Occupied Palestinian Territory, including in and around East Jerusalem, which is in departure

of the Armistice Line of 1949 and is in contradiction to relevant provisions of international

law” (operative paragraph 1) and requested “the Secretary-General to report on compliance

with the present resolution periodically, with the first report on compliance with paragraph 1

above to be submitted within one month and upon receipt of which further actions should be

considered, if necessary, within the United Nations system” (operative paragraph 3).

Resolution ES-10/13 was adopted by a vote of 144 in favour and 4 against, with 12 abstentions

(A/ES-10/PV.21 and A/ES-10/PV.22; Dossier nos. 40, 41).

9. In furtherance of that resolution, the report of the Secretary-General on the matter was

issued on 24 November 2003 as document A/ES-10/248 (Dossier no.52).

10. By a letter dated 1 December 2003, the Chair of the Arab Group, on behalf of the States

members of the League of Arab States and pursuant to paragraph 4 of General Assembly

resolution ES-10/13 of 21 October 2003, requested the resumption of the Tenth Emergency

Special Session of the General Assembly “in order to address the issue of the expansionist wall

being constructed by Israel, the occupying Power, in the Occupied Palestinian Territory,

including East Jerusalem, following the issuance of the report of the Secretary General dated

24 November 2003” (A/ES-10/249; Dossier no.77).

11. The General Assembly resumed its work on 8 December 2003. At its 23rd meeting, on 8

December, the Assembly had before it the report of the Secretary-General (A/ES-10/248), draft

resolution A/ES-10/L.16 and draft decision A/ES-10/L.17 and Add.1. (Dossier nos. 81, 82, 83).

At its 23rd meeting, on 8 December, the Assembly adopted resolution ES-10/14 (Dossier no. 2)

requesting the International Court of Justice to urgently render an advisory opinion on the

question referred to at the end of the quotation contained in paragraph 2 above. Resolution ES-

10/14 was adopted by 90 votes in favour and 8 against, with 74 abstentions (A/ES-10/PV.23;

Dossier no. 42).

Framework of the Dossier

12. The Dossier, prepared according to Article 65, paragraph 2 of the Statute of the Court,

contains materials intended to throw light on the question on which the advisory opinion of the

Court is requested.

13. All materials referred to in the “Contents of the Dossier” are provided in the Dossier

Annex. The relevant materials cited throughout the Dossier are numbered consecutively (e.g.

1, 2, 3…) and these numbers correspond with the Dossier numbers (e.g. Dossier no. 1, 2, 3…).

The relevant materials cited in the Dossier which are of United Nations origin, are identified by

title, date and UN document number. All other relevant materials cited in the Dossier are

identified by title and date.

14. The materials in the Dossier are divided into four parts. A description of the content of

the four parts is as follows:

(a) Part I of the Dossier provides a comprehensive list of relevant General

Assembly and Security Council resolutions and meetings. Part I is divided in

the following way:

· The General Assembly resolution relating to the request for the advisory

opinion, resolution adopted by the Tenth Emergency Special Session, and

other relevant resolutions. The first resolution of the Tenth Emergency

Special Session of the General Assembly is not included as it only relates to

the issue of credentials;

· Security Council resolutions referred to in the General Assembly resolution

requesting the advisory opinion, and other relevant Security Council

resolutions; and

· Verbatim records of relevant meetings of the General Assembly and the

Security Council.

(b) Part II contains the relevant reports by the Secretary-General and a press release

concerning a statement by the Secretary-General.

(c) Part III contains the relevant reports of United Nations organs and Special

Rapporteurs.

(d) Part IV contains all other relevant materials, which are not covered in Parts I, II

and III of the Dossier. The other relevant materials are divided in the following

way:

· General international instruments and materials;

· Specific international instruments and materials;

· Correspondence referred to in the Dossier introductory note (General

Assembly and Security Council); and

· The draft resolutions referred to in the Dossier introductory note.

Contents of the Dossier

Part I: Relevant General Assembly and Security Council resolutions and verbatim

records of relevant General Assembly and Security Council meetings

A. General Assembly Resolutions

1. General Assembly Resolution requesting the advisory opinion,

General Assembly Resolution referred to in that resolution and

Resolutions adopted by the Tenth Emergency Special Session of the

General Assembly

(a) General Assembly Resolution requesting the advisory

opinion and General Assembly Resolution referred to in that

resolution

A/Res/181(II) of 29 November 1947 – Resolution adopted on the Report of the Ad Hoc

Committee on the Palestinian Question – Future Government of Palestine.

(Dossier no. 1).

A/Res/ES-10/14 of 8 December 2003 – Illegal Israeli actions in Occupied East

Jerusalem and the rest of the Occupied Palestinian Territory. (Dossier no. 2).

(b) General Assembly Resolutions adopted by the Tenth

Emergency Special Session of the General Assembly

A/Res/ES-10/2 of 25 April 1997 – Illegal Israeli actions in Occupied East Jerusalem

and the rest of the Occupied Palestinian Territory. (Dossier no. 3).

A/Res/ES-10/3 of 15 July 1997 – Illegal Israeli actions in Occupied East Jerusalem and

the rest of the Occupied Palestinian Territory. (Dossier no. 4).

A/Res/ES-10/4 of 13 November 1997 – Illegal Israeli actions in Occupied East

Jerusalem and the rest of the Occupied Palestinian Territory. (Dossier no. 5).

A/Res/ES-10/5 of 17 March 1998 – Illegal Israeli actions in Occupied East Jerusalem

and the rest of the Occupied Palestinian Territory. (Dossier no. 6).

A/Res/ES-10/6 of 9 February 1999 – Illegal Israeli actions in Occupied East Jerusalem

and the rest of the Occupied Palestinian Territory. (Dossier no. 7).

A/Res/ES-10/7 of 20 October 2000 – Illegal Israeli actions in Occupied East Jerusalem

and the rest of the Occupied Palestinian Territory. (Dossier no. 8).

A/Res/ES-10/8 of 20 December 2001 – Illegal Israeli actions in Occupied East

Jerusalem and the rest of the Occupied Palestinian Territory. (Dossier no. 9).

A/Res/ES-10/9 of 20 December 2001 – Illegal Israeli actions in Occupied East

Jerusalem and the rest of the Occupied Palestinian Territory. (Dossier no. 10).

A/Res/ES-10/10 of 7 May 2002 – Illegal Israeli actions in Occupied East Jerusalem and

the rest of the Occupied Palestinian Territory. (Dossier no. 11).

A/Res/ES-10/11 of 5 August 2002 – Illegal Israeli actions in Occupied East Jerusalem

and the rest of the Occupied Palestinian Territory. (Dossier no. 12).

A/Res/ES-10/12 of 19 September 2003 – Illegal Israeli actions in Occupied East

Jerusalem and the rest of the Occupied Palestinian Territory. (Dossier no. 13).

A/Res/ES-10/13 of 21 October 2003 – Illegal Israeli actions in Occupied East Jerusalem

and the rest of the Occupied Palestinian Territory. (Dossier no. 14).

2. Other relevant General Assembly Resolutions

A/Res/194 (III) of 11 December 1948 – Palestine – Progress Report of the United

Nations Mediator. (Dossier no. 15).

A/Res/2253 (ES-V) of 4 July 1967 – Measures taken by Israel to change the status of

the City of Jerusalem. (Dossier no. 16).

A/Res/2625 (XXV) of 24 October 1970 – Declaration on Principles of International

Law concerning Friendly Relations and Co-operation among States in accordance with

the Charter of the United Nations. (Dossier no. 17).

A/Res/3092 (XXVIII) A and B of 7 December 1973 – Report of the Special Committee

to Investigate Israeli Practices Affecting the Human Rights of the Population of the

Occupied Territories. (Dossier no. 18).

A/Res/3376 (XXX) of 10 November 1975 – Question of Palestine. (Dossier no. 19).

A/Res/36/120 E of 10 December 1981 – Question of Palestine. (Dossier no. 20).

A/Res/58/22 of 3 December 2003 – Jerusalem. (Dossier no. 21).

A/Res/58/97 of 9 December 2003 – 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.

(Dossier no. 22).

A/Res/58/99 of 9 December 2003 – Israeli practices affecting the human rights of the

Palestinian people in the Occupied Palestinian Territory, including East Jerusalem.

(Dossier no. 23).

B. Security Council Resolutions

1. Security Council Resolutions referred to in General Assembly

Resolution A/Res/ES -10/14 requesting the advisory opinion

S/Res/242 (1967) of 22 November 1967. (Dossier no. 24).

S/Res/267 (1969) of 3 July 1969. (Dossier no. 25).

S/Res/298 (1971) of 25 September 1971. (Dossier no. 26).

S/Res/338 (1973) of 22 October 1973. (Dossier no. 27).

S/Res/446 (1979) of 22 March 1979. (Dossier no. 28).

S/Res/452 (1979) of 20 July 1979. (Dossier no. 29).

S/Res/465 (1980) of 1 March 1980. (Dossier no. 30).

S/Res/476 (1980) of 30 June 1980. (Dossier no. 31).

S/Res/478 (1980) of 20 August 1980. (Dossier no. 32).

S/Res/904 (1994) of 18 March 1994. (Dossier no. 33).

S/Res/1073 (1996) of 28 September 1996. (Dossier no. 34).

S/Res/1397 (2002) of 12 March 2002. (Dossier no. 35).

S/Res/1515 (2003) of 19 November 2003. (Dossier no. 36).

2. Other relevant Security Council Resolutions

S/Res/252 (1968) of 21 May 1968. (Dossier no. 37).

S/Res/605 (1987) of 22 December 1987. (Dossier no. 38).

S/Res/1435 (2002) of 24 September 2002. (Dossier no. 39).

C. Verbatim records of the relevant meetings of the General Assembly

A/ES-10/PV.21 of 20 October 2003 – Verbatim record of the 21st Meeting of the

General Assembly Emergency Special Session on Monday, 20 October 2003 at 3.00

p.m. (Dossier no. 40).

A/ES-10/PV.22 of 21 October 2003 – Verbatim record of the 22nd Meeting of the

General Assembly Emergency Special Session on Tuesday, 21 October 2003, at 3.00

p.m. (Dossier no. 41).

A/ES-10/PV.23 of 8 December 2003 – Verbatim record of the 23rd Meeting of the

General Assembly Emergency Special Session on Monday, 8 December 2003 at 10.00

a.m. (Dossier no. 42).

D. Verbatim records of the relevant meetings of the Security Council

S/PV.4645 of 12 November 2002 – Verbatim record of the 4645th Meeting of the

Security Council on Tuesday, 12 November 2002 at 10.15 a.m. (Dossier no. 43).

S/PV.4841 of 14 October 2003 – Verbatim record of the 4841st Meeting of the Security

Council on Tuesday, 14 October 2003 at 10.30 a.m. (Dossier no. 44).

S/PV.4842 of 14 October 2003 – Verbatim record of the 4842nd Meeting of the Security

Council on Tuesday, 14 October 2003 at 10.45 p.m. (Dossier no. 45).

S/PV.4846 of 21 October 2003 – Verbatim record of the 4846th Meeting of the Security

Council on Tuesday, 21 October 2003 at 10.00 a.m. (Dossier no. 46).

S/PV.4879 of 12 December 2003 – Verbatim record of the 4879th Meeting of the

Security Council on Friday, 12 December 2003 at 10.30 a.m. (Dossier no. 47).

Part II: Relevant reports of the Secretary-General and a press release concerning a

statement by the Secretary-General

A/6793 – S/8146 of 12 September 1967 – Report of the Secretary-General under

General Assembly Resolution 2254 (ES V) relating to Jerusalem. (Dossier no. 48).

S/19443 of 21 January 1988 – Report submitted to the Security Council by the

Secretary-General in accordance with Resolution 605 (1987). (Dossier no. 49).

SG/SM/8913 of 2 October 2003 – Press Release – Secretary-General disturbed by

Israel’s decisions on separation wall, new settlements. (Dossier no. 50).

A/58/416 – S/2003/947 of 10 October 2003 – Report of the Secretary-General –

Peaceful settlement of the question of Palestine. (Dossier no. 51).

A/ES-10/248 of 24 November 2003 – Report of the Secretary-General prepared

pursuant to General Assembly resolution ES-10/13. (Dossier no. 52).

Part III: Reports by United Nations organs and Special Rapporteurs

A. Relevant reports by United Nations organs

A/58/311 of 22 August 2003 – Report of the Special Committee to Investigate Israeli

Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the

Occupied Territories. (Dossier no. 53).

A/58/35 of 9 October 2003 – Report of the Committee on the Exercise of the

Inalienable Rights of the Palestinian People. (Dossier no. 54).

B. Relevant reports by Special Rapporteurs

E/CN.4/2004/6 of 8 September 2003 – Report of the Special Rapporteur of the

Commission on Human Rights, John Dugard, on the situation of human rights in the

Palestinian territories occupied by Israel since 1967, submitted in accordance with

Commission resolution 1993/2 A. Question of the Violation of Human Rights in the

Occupied Arab Territories, including Palestine. (Dossier no. 55).

E/CN.4/2004/10/Add.2 of 31 October 2003 – Report by the Special Rapporteur, Jean

Ziegler, Commission on Human Rights – The right to food, Addendum – Mission to the

Occupied Palestinian Territories. (Dossier no 56).

Part IV: Other relevant materials

A. General international instruments and materials

Convention Regarding the Laws and Customs of Land Warfare, The Hague,

18 October 1907 and Annex to the Convention: Regulations concerning the Laws and

Customs of Land Warfare. (Dossier no. 57).

General Treaty for Renunciation of War as an Instrument of National Policy. Signed at

Paris, 27 August 1928 (“Kellogg Briand Pact”). (Dossier no. 58).

Charter of the United Nations and Statute of the International Court of Justice of

26 June 1945. (Dossier no. 59).

Geneva Convention Relative to the Protection of Civilian Persons in Time of War of

August 12, 1949 (“Fourth Geneva Convention”). (Dossier no. 60).

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the

Protection of Victims of International Armed Conflicts (Protocol I). Adopted at Geneva

on 8 June 1977. (Dossier no. 61).

International Covenant on Civil and Political Rights. Adopted by the General Assembly

of the United Nations on 19 December 1966. (Dossier no. 62).

International Covenant on Economic, Social and Cultural Rights. Adopted by the

General Assembly of the United Nations on 16 December 1966. (Dossier no. 63).

Convention on the rights of the child. Adopted by the General Assembly of the United

Nations on 20 November 1989. (Dossier no. 64).

A/48/486 – S/26560 of 11 October 1993 – Letter dated 8 October 1993 from the

Permanent Representatives of the Russian Federation and the United States of America

to the United Nations addressed to the Secretary-General and Annex: Declaration of

Principles on Interim Self-Government Arrangements of 13 September 1993 (“the

DOP” / “Oslo I”). (Dossier no. 65).

Rome Statute of the International Criminal Court of 17 July 1998. (Dossier no. 66).

Conference of High Contracting Parties to the Fourth Geneva Convention: Declaration

of 5 December 2001. (Dossier no. 67).

B. Specific international instruments and materials

A/51/889 – S/1997/357 of 5 May 1997 – Letter dated 27 December 1995 from the

Permanent Representatives of the Russian Federation and the United States of America

to the United Nations addressed to the Secretary-General and Annex: Israeli-Palestinian

Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995

(“Interim Agreement” / “Oslo II”). (Dossier no. 68).

The Wye River Memorandum of 23 October 1998. (Dossier no. 69).

S/2003/529 of 7 May 2003 – Letter dated 7 May 2003 from the Secretary-General

addressed to the President of the Security Council and Annex: A performance based

road map to a permanent two-State solution to the Israeli-Palestinian conflict.

(Dossier no. 70).

C. Correspondence referred to in the Dossier introductory note

(General Assembly and Security Council)

A/58/399 – S/2003/929 of 1 October 2003 – Letter dated 1 October 2003 from the

Permanent Observer of Palestine to the United Nations addressed to the Secretary-

General. (Dossier no. 71).

A/58/411 – S/2003/938 of 3 October 2003 – Letter dated 3 October 2003 from the

Permanent Observer of Palestine to the United Nations addressed to the Secretary-

General. (Dossier no. 72).

S/2003/973 of 9 October 2003 – Letter dated 9 October 2003 from the Permanent

Representative of the Syrian Arab Republic addressed to the President of the Security

Council. (Dossier no. 73).

A/ES-10/242 of 15 October 2003 – Letter dated 15 October 2003 from the Permanent

Representative of the Syrian Arab Republic to the United Nations addressed to the

President of the General Assembly. (Dossier no. 74).

A/ES-10/243 of 15 October 2003 – Letter dated 15 October 2003 from the Permanent

Representative of Malaysia to the United Nations addressed to the President of the

General Assembly. (Dossier no. 75).

A/ES-10/244 of 20 October 2003 – Letter dated 16 October 2003 from the Chargé

d’affaires a.i. of the Permanent Mission of the Islamic Republic of Iran to the United

Nations addressed to the President of the General Assembly. (Dossier no. 76).

A/ES-10/249 of 2 December 2003 – Letter dated 1 December 2003 from the Chargé

d’affaires a.i. of the Permanent Mission of Kuwait to the United Nations addressed to

the President of the General Assembly. (Dossier no. 77).

D. Draft resolutions referred to in the Dossier introductory note

1. General Assembly

A/ES-10/L.15 of 21 October 2003 – Draft Resolution – Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Palestinian Territory.

(Dossier no. 78).

A/ES-10/L.13 of 23 October 2003 – Draft Resolution – Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Palestinian Territory.

(Dossier no. 79).

A/ES-10/L.14 of 23 October 2003 – Draft Resolution – Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Palestinian Territory.

(Dossier no. 80).

A/ES-10/L.16 of 3 December 2003 – Draft Resolution – Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Territory. (Dossier no. 81).

A/ES-10/L.17 of 3 December 2003 – Draft Decision – Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Territory. (Dossier no. 82).

A/ES-10/L.17/Add.1 of 8 December 2003 – Draft Decision – Illegal Israeli actions in

Occupied East Jerusalem and the rest of the Occupied Palestinian Territory.

(Dossier no. 83).

2. Security Council

S/2003/980 of 14 October 2003 – Draft Resolution. (Dossier no. 84).

E. General materials

Report of 30 April 2003 of the Mission to the Humanitarian and Emergency Policy

Group (HEPG) of the Local Aid Coordination Committee (LACC) – The Impact of

Israel’s Separation Barrier on Affected West Bank Communities. (Dossier no. 85).

Follow-up Report of 31 July 2003 to the Humanitarian and Emergency Policy Group

(HEPG) and the Local Aid Coordination Committee (LACC) – The Impact of Israel’s

Separation Barrier on Affected West Bank Communities. (Dossier no. 86).

Follow-up Report of 30 September 2003 to the Humanitarian and Emergency Policy

Group (HEPG) and the Local Aid Coordination Committee (LACC) – The Impact of

Israel’s Separation Barrier on Affected West Bank Communities. (Dossier no. 87).

Follow-up Report of 30 November 2003 to the Humanitarian and Emergency Policy

Group (HEPG) and the Local Aid Coordination Committee (LACC) – The Impact of

Israel’s Separation Barrier on Affected West Bank Communities. (Dossier no. 88).


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