Forty-ninth session
Agenda item 78
RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY
The General Assembly,
Guided by the purposes and principles of the Charter of
the United Nations,
Guided also by the principles of 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 Rights 2/ and the International
Covenants on Human Rights, 3/
Recalling its relevant resolutions, including resolution
2443 (XXIII) of 19 December 1968, and relevant resolutions of
the Commission on Human Rights,
Recalling also relevant resolutions of the Security Council,
Aware of the uprising (intifadah) of the Palestinian people,
Convinced that occupation itself represents a primary violation
of human rights,
Having considered the reports of the Special Committee
to Investigate Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the Occupied Territories
4/ and the relevant reports of the Secretary-General, 5/
Noting the signing of the Declaration of Principles on
Interim Self-Government Arrangements, including its Annexes and
its Agreed Minutes, by the Government of the State of Israel and
the Palestine Liberation Organization at Washington on 13 September
1993, 6/ as well as the subsequent implementation agreements,
including the Agreement on the Gaza Strip and the Jericho Area
signed at Cairo on 4 May 1994, 7/
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. Demands that Israel cooperate with the Special Committee
in implementing its mandate;
3. Deplores those policies and practices of Israel which
violate the human rights of the Palestinian people and other Arabs
of the occupied territories, as reflected in the reports of the
Special Committee covering the reporting period; 4/
4. Expresses the hope that, in the light of the recent
positive political developments, those policies and practices
will be brought to an end immediately;
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 Jerusalem, and other Arab territories occupied by Israel
since 1967, 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;
7. Further requests the Special Committee to continue to
investigate the treatment of prisoners in the occupied Palestinian
territory, including Jerusalem, and other Arab territories occupied
by Israel since 1967;
8. Requests the Secretary-General:
(a) To provide all necessary facilities to the Special Committee, 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 additional 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 which are no longer available;
(e) To report to the General Assembly at its fiftieth session on the tasks entrusted to him in the present resolution;
9. Decides to include in the provisional agenda of its
fiftieth 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".
83rd plenary meeting
9 December 1994
The General Assembly,
Recalling its relevant resolutions,
Bearing in mind the relevant resolutions of the Security
Council,
Having considered the reports of the Special Committee
to Investigate Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the Occupied Territories
4/ and the relevant reports of the Secretary-General, 5/
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,
Stressing that Israel, the occupying Power, should comply
strictly with its obligations under international law,
1. Reaffirms that the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,
1/ is applicable to the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since
1967;
2. Demands that Israel accept the de jure applicability
of the Convention in the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since
1967, and that it comply scrupulously with the provisions of the
Convention;
3. Calls upon all States parties to the Convention, in
accordance with article 1 common to the four Geneva Conventions,
8/ to exert all efforts in order to ensure respect for its provisions
by Israel, the occupying Power, in the occupied Palestinian territory,
including Jerusalem, and other Arab territories occupied by Israel
since 1967;
4. Requests the Secretary-General to report to the General
Assembly at its fiftieth session on the implementation of the
present resolution.
83rd plenary meeting
9 December 1994
The General Assembly,
Recalling its relevant resolutions and the resolutions of
the Commission on Human Rights,
Bearing in mind the relevant resolutions of the Security
Council, the most recent of which is resolution 904 (1994) of
18 March 1994,
Having considered the reports of the Special Committee
to Investigate Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the Occupied Territories
4/ and the reports of the Secretary- General, 5/
Aware of the responsibility of the international community
to promote human rights and ensure respect for international law,
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, 1/ to the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since
1967;
Welcoming the signing of the Declaration of Principles
on Interim Self- Government Arrangements, including its Annexes
and its Agreed Minutes, by the Government of the State of Israel
and the Palestine Liberation Organization, at Washington on 13
September 1993, 6/ as well as the subsequent implementation agreements,
including the Agreement on the Gaza Strip and the Jericho Area,
signed at Cairo on 4 May 1994, 7/
Noting the withdrawal of the Israeli army, which took place
in the Gaza Strip and the Jericho Area in accordance with the
agreements reached between the parties, and the initiation of
the Palestinian Authority in those areas,
Concerned about the continued violation of the human rights
of the Palestinian people by Israel, the occupying Power, especially
the use of collective punishment, closure of areas, annexation
and establishment of settlements, and the continued actions by
it designed to change the legal status, geographical nature and
demographic composition of the occupied Palestinian territory,
Concerned in particular about the dangerous situation resulting
from actions taken by the illegal, armed Israeli settlers in the
occupied territory, as illustrated by the massacre of Palestinian
worshippers by an illegal Israeli settler in Al-Khalil on 25 February
1994,
Convinced of the positive impact of a temporary international
or foreign presence in the occupied Palestinian territory for
the safety and protection of the Palestinian people,
Expressing appreciation to the countries that participated
in the Temporary International Presence in Hebron for their positive
contribution,
Convinced also of the need for the full implementation
of Security Council resolution 904 (1994),
1. Determines that all measures and actions taken by Israel,
the occupying Power, in the occupied Palestinian territory, including
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, and contrary to the relevant resolutions
of the Security Council are illegal and have no validity, and
demands that Israel desist forthwith from taking any such measures
or actions;
2. Reaffirms in particular that the Israeli settlements
in the occupied Palestinian territory, including Jerusalem, and
the other Arab territories occupied by Israel since 1967, are
illegal and an obstacle to a comprehensive settlement;
3. Notes with satisfaction the return of a number of deportees
to the occupied Palestinian territory, and calls upon Israel to
facilitate the return of the remainder;
4. Calls upon Israel, the occupying Power, to accelerate
the release of all remaining Palestinians arbitrarily detained
or imprisoned, in line with agreements reached;
5. Calls for complete respect by Israel, the occupying
Power, of all fundamental freedoms of the Palestinian people,
pending the extension of the self-government arrangements to the
rest of the West Bank;
6. Requests the Secretary-General to report to the General
Assembly at its fiftieth session on the implementation of the
present resolution.
83rd plenary meeting
9 December 1994
The General Assembly,
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 last
of which was 48/41 D of 10 December 1993,
Having considered the report of the Secretary-General of
31 October 1994, 9/
Recalling further 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 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, 1/ 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 stressing the need for rapid progress in all bilateral
negotiations,
1. Calls upon Israel, the occupying Power, to comply with
the relevant resolutions on the occupied Syrian Golan, and 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, should rescind
forthwith its decisions;
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, and have no legal effect;
4. Further calls upon Israel to desist from imposing Israeli
citizenship and Israeli identity cards on the Syrian citizens
in the occupied Syrian Golan, and to desist from its repressive
measures against the population of the occupied Syrian Golan;
5. Deplores the violations of the Geneva Convention by
Israel;
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 fiftieth session on the implementation of the
present resolution.
83rd plenary meeting
9 December 1994
_____________
1/ United Nations, Treaty Series, vol. 75, No. 973.
2/ Resolution 217 A (III).
3/ Resolution 2200 A (XXI), annex.
4/ See A/49/67, A/49/172 and A/49/511.
5/ A/49/598 to A/49/601.
6/ A/48/486-S/26560, annex.
7/ A/49/180-S/1994/727, annex.
8/ United Nations, Treaty Series, vol. 75, Nos. 970-973.
9/ A/49/601.