{"id":178055,"date":"1985-12-16T00:00:00","date_gmt":"2019-03-11T20:36:22","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=178055"},"modified":"2019-03-11T20:36:22","modified_gmt":"2019-03-11T20:36:22","slug":"auto-insert-178055","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-178055\/","title":{"rendered":"Israeli practices – SpCttee report – GA resolutions"},"content":{"rendered":"
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| \n 40\/161.<\/strong><\/p>\n<\/td>\n Report of the Special Committee to Investigate Israeli<\/strong><\/p>\n Practices Affecting the Human Rights of the Population<\/strong><\/p>\n of the Occupied Territories<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n <\/p>\n A<\/strong><\/p><\/div>\n \t<\/span>The General Assembly,<\/i><\/p><\/div>\n <\/p>\n \t<\/span>Recalling <\/i>its resolutions 38\/79 A of 15 December 1983 and 39\/95 A of 14 December 1984,<\/p><\/div>\n <\/p>\n \t<\/span>Taking note <\/i>of the report of the International Committee of the Red Cross of 13 December 1983,1<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>Taking note also <\/i>of the report of the Secretary-General of 30 September 1985,2<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>Taking note further <\/i>of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories,3<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>1.\t<\/span>Calls upon <\/i>Israel to release all Arabs arbitrarily detained and\/or imprisoned as a result of their struggle for self-determination and for the liberation of their territories;<\/p><\/div>\n <\/p>\n \t<\/span>2.\t<\/span>Notes <\/i>the initial release of Ziyad Abu Eain, among others, from prison on 20 May 1985;<\/p><\/div>\n <\/p>\n \t<\/span>3.\t<\/span>Deplores <\/i>the Israeli subsequent arbitrary detention of Ziyad Abu Eain and others;<\/p><\/div>\n <\/p>\n \t<\/span>4.\t<\/span>Demands <\/i>that the Government of Israel, the occupying Power, rescind its action against Ziyad Abu Eain and others and release them immediately;<\/p><\/div>\n <\/p>\n \t<\/span>5.\t<\/span>Requests <\/i>the Secretary-General to report to the General Assembly as soon as possible and not later than the beginning of its forty-first session on the implementation of the present resolution.<\/p><\/div>\n B<\/strong><\/p><\/div>\n \t<\/span>The General Assembly,<\/i><\/p><\/div>\n <\/p>\n \t<\/span>Recalling <\/i>Security Council resolution 465 (1980) of 1 March 1980, in which, inter alia<\/i>, the Council affirmed that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,4<\/u>\/ is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,<\/p><\/div>\n <\/p>\n \t<\/span>Recalling also <\/i>its resolutions 3092 A (XXVIII) of 7 December 1973, 3240 B (XXIX) of 29 November 1974, 3525 B (XXX) of 15 December 1975, 31\/106 B of 16 December 1976, 32\/91 A of 13 December 1977, 33\/113 A of 18 December 1978, 34\/90 B of 12 December 1979, 35\/122 A of 11 December 1980, 36\/147 A of 16 December 1981, 37\/88 A of 10 December 1982, 38\/79 B of 15 December 1983 and 39\/95 B of 14 December 1984,<\/p><\/div>\n <\/p>\n \t<\/span>Considering <\/i>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,<\/p><\/div>\n <\/p>\n \t<\/span>Bearing in mind <\/i>the provisions of the Geneva Convention,<\/p><\/div>\n <\/p>\n \t<\/span>Noting <\/i>that Israel and the Arab States whose territories have been occupied by Israel since June 1967 are parties to that Convention,<\/p><\/div>\n <\/p>\n \t<\/span>Taking into account <\/i>that States parties to the Convention undertake, in accordance with article 1 thereof, not only to respect but also to ensure respect for the Convention in all circumstances,<\/p><\/div>\n <\/p>\n \t<\/span>1.\t<\/span>Reaffirms <\/i>that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>2.\t<\/span>Condemns <\/i>once again the failure of Israel, the occupying Power, to acknowledge the applicability of that Convention to the territories it has occupied since 1967, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>3.\t<\/span>Strongly demands <\/i>that Israel acknowledge and comply with the provisions of that Convention in the Palestinian and other Arab territories it has occupied since 1967, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>4.\t<\/span>Urgently calls upon <\/i>all States parties to that Convention to exert all efforts in order to ensure respect for and compliance with its provisions in the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>5.\t<\/span>Requests <\/i>the Secretary-General to report to the General Assembly at its forty-first session on the implementation of the present resolution.<\/p><\/div>\n C<\/strong><\/p><\/div>\n \t<\/span>The General Assembly,<\/i><\/p><\/div>\n <\/p>\n \t<\/span>Recalling <\/i>Security Council resolution 465 (1980) of 1 March 1980,<\/p><\/div>\n <\/p>\n \t<\/span>Recalling also <\/i>its resolutions 32\/5 of 28 October 1977, 33\/113 B of 18 December 1978, 34\/90 C of 12 December 1979, 35\/122 B of 11 December 1980, 36\/147 B of 16 December 1981, 37\/88 B of 10 December 1982, 38\/79 C of 15 December 1983 and 39\/95 C of 14 December 1984,<\/p><\/div>\n <\/p>\n \t<\/span>Expressing grave anxiety and concern <\/i>at the present serious situation in the occupied Palestinian and other Arab territories, including Jerusalem, as a result of the continued Israeli occupation and the measures and actions taken by Israel, the occupying Power, designed to change the legal status, geographical nature and demographic composition of those territories,<\/p><\/div>\n <\/p>\n \t<\/span>Confirming <\/i>that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,4<\/u>\/ is applicable to all Arab territories occupied since June 1967, including Jerusalem,<\/p><\/div>\n <\/p>\n \t<\/span>1.\t<\/span>Determines <\/i>that all such measures and actions taken by Israel in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, are 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 constitute a serious obstacle to the efforts to achieve a comprehensive, just and lasting peace in the Middle East and therefore have no legal validity;<\/p><\/div>\n <\/p>\n \t<\/span>2.\t<\/span>Strongly deplores <\/i>the persistence of Israel in carrying out such measures, in particular the establishment of settlements in the Palestinian and other occupied Arab territories, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>3.\t<\/span>Demands <\/i>that Israel comply strictly with its international obligations in accordance with the principles of international law and the provisions of the Geneva Convention;<\/p><\/div>\n <\/p>\n \t<\/span>4.\t<\/span>Demands once more <\/i>that Israel, the occupying Power, desist forthwith from taking any action which would result in changing the legal status, geographical nature or demographic composition of the Palestinian and other Arab territories occupied since 1967, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>5.\t<\/span>Urgently calls upon <\/i>all States parties to the Geneva Convention to respect and to exert all efforts in order to ensure respect for and compliance with its provisions in all Arab territories occupied by Israel since 1967, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>6.\t<\/span>Requests <\/i>the Secretary-General to report to the General Assembly at its forty-first session on the implementation of the present resolution.<\/p><\/div>\n D<\/strong><\/p><\/div>\n \t<\/span>The General Assembly,<\/i><\/p><\/div>\n <\/p>\n \t<\/span>Guided <\/i>by the purposes and principles of the Charter of the United Nations and by the principles and provisions of the Universal Declaration of Human Rights,5<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>Bearing in mind <\/i>the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,4<\/u>\/ as well as of other relevant conventions and regulations,<\/p><\/div>\n <\/p>\n \t<\/span>Recalling <\/i>all its resolutions on the subject, in particular, resolutions 32\/91 B and C of 13 December 1977, 33\/113 C of 18 December 1978, 34\/90 A of 12 December 1979, 35\/122 C of 11 December 1980, 36\/147 C of 16 December 1981, 37\/88 C of 10 December 1982, 38\/79 D of 15 December 1983 and 39\/95 D of 14 December 1984,<\/p><\/div>\n <\/p>\n \t<\/span>Recalling also <\/i>the relevant resolutions adopted by the Security Council, by the Commission on Human Rights, in particular its resolutions 1983\/1 of 15 February 1983,6<\/u>\/ 1984\/1 of 20 February 1984,7<\/u>\/ 1985\/1 A and B of 19 February 1985,8<\/u>\/ and 1985\/2 of 19 February 1985,8<\/u>\/ and by other United Nations organs concerned and by the specialized agencies,<\/p><\/div>\n <\/p>\n \t<\/span>Having considered <\/i>the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories,3<\/u>\/ which contains, inter alia<\/i>, self-incriminating public statements made by officials of Israel, the occupying Power,<\/p><\/div>\n <\/p>\n \t<\/span>Taking note <\/i>of the letter dated 29 July 1985 from the Permanent Representative of Jordan addressed to the Secretary-General,9<\/u>\/ concerning the closing down of the Roman Catholic Medical Facility Hospice at Jerusalem,<\/p><\/div>\n <\/p>\n \t<\/span>1.\t<\/span>Commends <\/i>the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly and for its thoroughness and impartiality;<\/p><\/div>\n <\/p>\n \t<\/span>2.\t<\/span>Deplores <\/i>the continued refusal by Israel to allow the Special Committee access to the occupied territories;<\/p><\/div>\n <\/p>\n \t<\/span>3.\t<\/span>Demands <\/i>that Israel allow the Special Committee access to the occupied territories;<\/p><\/div>\n <\/p>\n \t<\/span>4.\t<\/span>Reaffirms <\/i>the fact that occupation itself constitutes a grave violation of the human rights of the civilian population of the occupied Arab territories;<\/p><\/div>\n <\/p>\n \t<\/span>5.\t<\/span>Condemns <\/i>the continued and persistent violation by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and other applicable international instruments, and condemns in particular those violations which the Convention designates as "grave breaches" thereof;<\/p><\/div>\n <\/p>\n \t<\/span>6.\t<\/span>Declares once more <\/i>that Israel's grave breaches of that Convention are war crimes and an affront to humanity;<\/p><\/div>\n <\/p>\n \t<\/span>7.\t<\/span>Reaffirms, <\/i>in accordance with the Convention, that the Israeli military occupation of the Palestinian and other Arab territories is of a temporary nature, thus giving no right whatsoever to the occupying Power over the territorial integrity of the occupied territories;<\/p><\/div>\n <\/p>\n \t<\/span>8.\t<\/span>Strongly condemns <\/i>the following Israeli policies and practices:<\/p><\/div>\n <\/p>\n \t<\/span>(a<\/i>)\t<\/span>Annexation of parts of the occupied territories, including Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>(b<\/i>)\t<\/span>Imposition of Israeli laws, jurisdiction and administration on the Syrian Golan Heights, which has resulted in the effective annexation of the Syrian Golan Heights;<\/p><\/div>\n \t<\/span>(c<\/i>)\t<\/span>Illegal imposition and levy of heavy and disproportionate taxes and dues;<\/p><\/div>\n <\/p>\n \t<\/span>(d<\/i>)\t<\/span>Establishment of new Israeli settlements and expansion of the existing settlements on private and public Arab lands, and transfer of an alien population thereto;<\/p><\/div>\n <\/p>\n \t<\/span>(e<\/i>)\t<\/span>Eviction, deportation, expulsion, displacement and transfer of Arab inhabitants of the occupied territories and denial of their right to return;<\/p><\/div>\n <\/p>\n \t<\/span>(f<\/i>)\t<\/span>Confiscation and expropriation of private and public Arab property in the occupied territories and all other transactions for the acquisition of land involving the Israeli authorities, institutions or nationals on the one hand and the inhabitants or institutions of the occupied territories on the other;<\/p><\/div>\n <\/p>\n \t<\/span>(g<\/i>)\t<\/span>Excavation and transformation of the landscape and the historical, cultural and religious sites, especially at Jerusalem;<\/p><\/div>\n <\/p>\n \t<\/span>(h<\/i>)\t<\/span>Pillaging of archaeological and cultural property;<\/p><\/div>\n <\/p>\n \t<\/span>(i<\/i>)\t<\/span>Destruction and demolition of Arab houses;<\/p><\/div>\n <\/p>\n \t<\/span>(j<\/i>)\t<\/span>Collective punishment, mass arrests, administrative detention and ill-treatment of the Arab population;<\/p><\/div>\n <\/p>\n \t<\/span>( |