{"id":179260,"date":"2009-12-01T00:00:00","date_gmt":"2019-03-11T20:49:23","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=179260"},"modified":"2021-11-11T13:56:34","modified_gmt":"2021-11-11T18:56:34","slug":"auto-insert-179260","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-179260\/","title":{"rendered":"Israeli practices in the OPT, Golan – GA Fourth Committee – Report, draft resolutions"},"content":{"rendered":"
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Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories<\/strong><\/p><\/div>\n

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Report of the Special Political and Decolonization Committee (Fourth Committee)<\/strong><\/p><\/div>\n

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Rapporteur<\/i>: Mr. Khalid Mohammed Osman Ali<\/strong> (Sudan)<\/p><\/div>\n

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I.\t<\/span>Introduction<\/strong><\/p><\/div>\n

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1.\t<\/span>At its 2nd plenary meeting, on 18 September 2009, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-fourth 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).<\/p><\/div>\n

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2.\t<\/span>The Fourth Committee held a general debate on the item at its 23rd and 24th meetings, on 9 and 10 November 2009, and took action on the item at its 25th meeting, on 19 November (see A\/C.4\/64\/SR.23, 24 and 25).<\/p><\/div>\n

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3.\t<\/span>For its consideration of the item, the Committee had before it the following documents:<\/p><\/div>\n

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\t<\/span>(a)\t<\/span>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\/64\/332);<\/p><\/div>\n

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\t<\/span>(b)\t<\/span>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\/64\/340);<\/p><\/div>\n

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\t<\/span>(c)\t<\/span>Report of the Secretary-General on the occupied Syrian Golan (A\/64\/354);<\/p><\/div>\n

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\t<\/span>(d)\t<\/span>Report of the Secretary-General on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan (A\/64\/516);<\/p><\/div>\n

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\t<\/span>(e)\t<\/span>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\/64\/517);<\/p><\/div>\n

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\t<\/span>(f)\t<\/span>Note by the Secretary-General transmitting the forty-first 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\/64\/339).<\/p><\/div>\n

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4.\t<\/span>At the 23rd meeting, on 9 November, the Permanent Representative of Sri Lanka, in his capacity as Chairperson 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\/64\/SR.23).<\/p><\/div>\n

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5.\t<\/span>At the same meeting, the representative of the Permanent Observer Mission of Palestine to the United Nations made a statement (see A\/C.4\/64\/SR.23).<\/p><\/div>\n

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II.\t<\/span>Consideration of proposals<\/strong><\/p><\/div>\n

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A.\t<\/span>Draft resolution A\/C.4\/64\/L.15<\/strong><\/p><\/div>\n

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6.\t<\/span>At the 25th meeting, on 19 November, the representative of Cuba, on behalf of Algeria, Bahrain, Bangladesh, Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Egypt, Guinea, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Mali, Mauritania, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, the Sudan, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and 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\/64\/L.15).<\/p><\/div>\n

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7.\t<\/span>At the same meeting, the Committee adopted draft resolution A\/C.4\/64\/L.15 by a recorded vote of 92 to 9, with 72 abstentions (see para. 16, draft resolution I). The voting was as follows:<\/p><\/div>\n

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In favour<\/i>:<\/p><\/div>\n

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\t<\/span>Afghanistan, Algeria, Angola, Antigua and Barbuda, Armenia, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Brazil, Brunei Darussalam, Cambodia, Chile, China, Comoros, Congo, Cuba, Democratic People’s Republic of Korea, Djibouti, Dominican Republic, Ecuador, Egypt, Eritrea, Gambia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Morocco, Mozambique, Myanmar, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Qatar, Republic of Korea, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Togo, 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.<\/p><\/div>\n

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Against<\/i>:<\/p><\/div>\n

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Australia, Canada, Israel, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, Panama, United States of America.<\/p><\/div>\n

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Abstaining<\/i>:<\/p><\/div>\n

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Albania, Andorra, Argentina, Austria, Bahamas, Belgium, Bosnia and Herzegovina, Botswana, Bulgaria, Burundi, Cameroon, Colombia, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Mongolia, Montenegro, Netherlands, New Zealand, Norway, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Samoa, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, the former Yugoslav Republic of Macedonia, Timor-Leste, Tonga, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay.<\/p><\/div>\n

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B.\t<\/span>Draft resolution A\/C.4\/64\/L.16<\/strong><\/p><\/div>\n

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8.\t<\/span>At the 25th meeting, on 19 November, the representative of Cuba, on behalf of Algeria, Bahrain, Bangladesh, Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Egypt, Guinea, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Mali, Mauritania, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, the Sudan, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and 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\/64\/L.16).<\/p><\/div>\n

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9.\t<\/span>At the same meeting, the Committee adopted draft resolution A\/C.4\/64\/L.16 by a recorded vote of 166 to 6, with 3 abstentions (see para. 16, draft resolution II). The voting was as follows:<\/p><\/div>\n

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In favour<\/i>:<\/p><\/div>\n

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\t<\/span>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, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, 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, 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, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.<\/p><\/div>\n

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Against<\/i>:<\/p><\/div>\n

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Israel, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, United States of America.<\/p><\/div>\n

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Abstaining<\/i>:<\/p><\/div>\n

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\t<\/span>Cameroon, Côte d’Ivoire, Fiji.<\/p><\/div>\n

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C.\t<\/span>Draft resolution A\/C.4\/64\/L.17<\/strong><\/p><\/div>\n

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10.\t<\/span>At the 25th meeting, on 19 November, the representative of Cuba, on behalf of Algeria, Bahrain, Bangladesh, Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Egypt, Guinea, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Mauritania, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, the Sudan, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and Palestine, introduced a draft resolution entitled “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan” (A\/C.4\/64\/L.17).<\/p><\/div>\n

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11.\t<\/span>At the same meeting, the Committee adopted draft resolution A\/C.4\/64\/L.17 by a recorded vote of 166 to 7, with 2 abstentions (see para. 16, draft resolution III). The voting was as follows:<\/p><\/div>\n

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In favour<\/i>:<\/p><\/div>\n

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\t<\/span>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, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, 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, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, 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, 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.<\/p><\/div>\n

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Against<\/i>:<\/p><\/div>\n

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Israel, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, Panama, United States of America.<\/p><\/div>\n

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Abstaining<\/i>:<\/p><\/div>\n

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Cameroon, Côte d’Ivoire.<\/p><\/div>\n

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D.\t<\/span>Draft resolution A\/C.4\/64\/L.18<\/strong><\/p><\/div>\n

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12.\t<\/span>At the 25th meeting, on 19 November, the representative of Cuba, on behalf of Algeria, Bahrain, Bangladesh, Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Egypt, Guinea, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, the Sudan, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and 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\/64\/L.18). Subsequently, Mauritania joined in sponsoring the draft resolution.<\/p><\/div>\n

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13.\t<\/span>At the same meeting, the Committee adopted draft resolution A\/C.4\/64\/L.18 by a recorded vote of 160 to 9, with 5 abstentions (see para. 16, draft resolution IV). The voting was as follows:<\/p><\/div>\n

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In favour<\/i>:<\/p><\/div>\n

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\t<\/span>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, Burundi, Cambodia, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, 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, 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.<\/p><\/div>\n

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Against<\/i>:<\/p><\/div>\n

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Australia, Canada, Israel, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, Panama, United States of America.<\/p><\/div>\n

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Abstaining<\/i>:<\/p><\/div>\n

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Cameroon, Côte d’Ivoire, Fiji, Liberia, Republic of Korea.<\/p><\/div>\n

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E.\t<\/span>Draft resolution A\/C.4\/64\/L.19<\/strong><\/p><\/div>\n

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14.\t<\/span>At the 25th meeting, on 19 November, the representative of Cuba, on behalf of Algeria, Bahrain, Bangladesh, Brunei Darussalam, the Comoros, Cuba, the Democratic People’s Republic of Korea, Djibouti, Egypt, Guinea, Indonesia, Jordan, Kuwait, Lebanon, Mauritania, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and Palestine, introduced a draft resolution entitled “The occupied Syrian Golan” (A\/C.4\/64\/L.19).<\/p><\/div>\n

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15.\t<\/span>At the same meeting, the Committee adopted draft resolution A\/C.4\/64\/L.19 by a recorded vote of 165 to 1, with 10 abstentions (see para. 16, draft resolution V). The voting was as follows:<\/p><\/div>\n

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In favour<\/i>:<\/p><\/div>\n

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\t<\/span>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, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, 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, 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.<\/p><\/div>\n

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Against<\/i>:<\/p><\/div>\n

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\t<\/span>Israel.<\/p><\/div>\n

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Abstaining<\/i>:<\/p><\/div>\n

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Cameroon, Côte d’Ivoire, Fiji, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, Panama, Tonga, United States of America.<\/p><\/div>\n

<\/p>\n

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III.\t<\/span>Recommendations of the Special Political and Decolonization Committee (Fourth Committee)<\/strong><\/p><\/div>\n

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16.\t<\/span>The Special Political and Decolonization Committee (Fourth Committee) recommends to the General Assembly the adoption of the following draft resolutions:<\/p><\/div>\n

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Draft resolution I<\/strong><\/p><\/div>\n

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Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories<\/strong><\/p><\/div>\n

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\t<\/span>The General Assembly<\/i>,<\/p><\/div>\n

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\t<\/span>Guided<\/i> by the purposes and principles of the Charter of the United Nations,<\/p><\/div>\n

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\t<\/span><\/span>Guided also<\/i><\/span> by international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949,<\/span>1<\/sup><\/span>as well as international standards of human rights, in particular the Universal Declaration of Human Rights<\/span>2<\/sup><\/span> and the International Covenants on Human Rights,<\/span>3<\/sup><\/span><\/p><\/div>\n

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\t<\/span><\/span>Recalling<\/i><\/span> its relevant resolutions, including resolutions 2443 (XXIII) of 19 December 1968 and 63\/95 of 5 December 2008, and the relevant resolutions of the Commission on Human Rights and the Human Rights Council, including the resolution adopted by the Council at its twelfth special session on 16 October 2009,<\/span>4<\/sup><\/span><\/p><\/div>\n

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\t<\/span>Recalling also<\/i> the relevant resolutions of the Security Council,<\/p><\/div>\n

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\t<\/span><\/span>Taking into account<\/i><\/span> the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the <\/span>Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory<\/i><\/span>,<\/span>5<\/sup><\/span> and recalling in this regard General Assembly resolution ES-10\/15 of 20 July 2004,<\/span><\/p><\/div>\n

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\t<\/span>Convinced<\/i> that occupation itself represents a gross and grave violation of human rights,<\/p><\/div>\n

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\t<\/span>Gravely concerned<\/i> about the continuing detrimental impact of the events that have taken place since 28 September 2000, including the excessive use of force by the Israeli occupying forces against Palestinian civilians, resulting in thousands of deaths and injuries, the widespread destruction of property and vital infrastructure, the internal displacement of civilians, the imposition of collective punishment measures, particularly against the civilian population in the Gaza Strip, and the detention and imprisonment of thousands of Palestinians,<\/p><\/div>\n

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\t<\/span><\/span>Gravely concerned in particular<\/i><\/span> 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 Inquiry<\/span>6<\/sup><\/span> and in the report of the United Nations Fact-Finding Mission on the Gaza Conflict,<\/span>7<\/sup><\/span>\t<\/span><\/sup><\/span> and stressing the necessity for serious follow-up by all parties to the recommendations addressed to them towards ensuring accountability and justice,<\/span><\/p><\/div>\n

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\t<\/span><\/span>Having considered<\/i><\/span> 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<\/span>8<\/sup><\/span> and the relevant reports of the Secretary-General,<\/span>9<\/sup><\/span>\t<\/span> <\/sup><\/span><\/p><\/div>\n

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\t<\/span><\/span>Recalling<\/i><\/span> the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993<\/span>10<\/sup><\/span>and the subsequent implementation agreements between the Palestinian and Israeli sides,<\/span><\/p><\/div>\n

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\t<\/span>Stressing the urgency<\/i> 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 recalling in this regard its resolution 58\/292 of 6 May 2004,<\/p><\/div>\n

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\t<\/span>1.\t<\/span>Commends<\/i> 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;<\/p><\/div>\n

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\t<\/span>2.\t<\/span>Reiterates its demand<\/i> 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;<\/p><\/div>\n

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\t<\/span>3.\t<\/span>Deplores<\/i> 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;8<\/p><\/div>\n

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\t<\/span>4.\t<\/span>Expresses grave concern<\/i> 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, the destruction and confiscation of properties, measures of collective punishment, and the detention and imprisonment of thousands of civilians;<\/p><\/div>\n

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\t<\/span>5.\t<\/span><\/span>Requests<\/i><\/span> 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,<\/span>1<\/sup><\/span> 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;<\/span><\/p><\/div>\n

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\t<\/span>6.\t<\/span>Also requests<\/i> the Special Committee to submit regularly to the Secretary-General periodic reports on the current situation in the Occupied Palestinian Territory, including East Jerusalem;<\/p><\/div>\n

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\t<\/span>7.\t<\/span>Further requests<\/i> the Special Committee to continue to investigate the treatment of the thousands of prisoners and detainees in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;<\/p><\/div>\n

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\t<\/span>8.\t<\/span>Requests<\/i> the Secretary-General:<\/p><\/div>\n

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\t<\/span>(a)\t<\/span>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;<\/p><\/div>\n

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\t<\/span>(b)\t<\/span>To continue to make available such staff as may be necessary to assist the Special Committee in the performance of its tasks;<\/p><\/div>\n

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\t<\/span>(c)\t<\/span>To circulate regularly to Member States the periodic reports mentioned in paragraph 6 above;<\/p><\/div>\n

\n

\t<\/span>(d)\t<\/span>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;<\/p><\/div>\n

\n

\t<\/span>(e)\t<\/span>To report to the General Assembly at its sixty-fifth session on the tasks entrusted to him in the present resolution;<\/p><\/div>\n

\n

\t<\/span>9.\t<\/span>Decides<\/i> to include in the provisional agenda of its sixty-fifth 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”. <\/p><\/div>\n

<\/p>\n

\n

__________<\/strong><\/p><\/div>\n

<\/p>\n

\n

1<\/sup><\/span>United Nations, <\/span>Treaty Series<\/i><\/span>, vol. 75, No. 973.<\/span> <\/span><\/p><\/div>\n

\n

2<\/sup><\/span>Resolution 217 A (III).<\/span><\/p><\/div>\n

\n

3<\/sup><\/span>See resolution 2200 A (XXI), annex.<\/span><\/p><\/div>\n

\n

4<\/sup><\/span>Resolution S-12\/1; see <\/span>Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 53A<\/i><\/span> (A\/64\/53\/Add.1).<\/span><\/p><\/div>\n

\n

5<\/sup><\/span>See A\/ES-10\/273 and Corr.1; see also<\/span> Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004<\/i><\/span>, p. 136.<\/span><\/p><\/div>\n

\n

6<\/sup><\/span>See A\/63\/855-S\/2009\/250.<\/span><\/p><\/div>\n

\n

7<\/sup><\/span>A\/HRC\/12\/48.<\/span><\/p><\/div>\n

\n

8<\/sup><\/span>See A\/64\/339.<\/span><\/p><\/div>\n

\n

9<\/sup><\/span>A\/64\/332, A\/64\/340, A\/64\/354, A\/64\/516 and A\/64\/517.<\/span><\/p><\/div>\n

\n

10<\/sup><\/span>A\/48\/486-S\/26560, annex.<\/span><\/p><\/div>\n

\n

\n

\n<\/p><\/div>\n

<\/p>\n

\n

Draft resolution II<\/strong><\/p><\/div>\n

\n

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<\/strong><\/p><\/div>\n

\n

\t<\/span>The General Assembly<\/i>,<\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> its relevant resolutions, including its resolution 63\/96 of 5 December 2008,<\/p><\/div>\n

\n

\t<\/span>Bearing in mind<\/i> the relevant resolutions of the Security Council,<\/p><\/div>\n

\n

\t<\/span><\/span>Recalling<\/i><\/span> the Regulations annexed to The Hague Convention IV of 1907,<\/span>1<\/sup><\/span>\t<\/span><\/sup><\/span> the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,<\/span>2<\/sup><\/span> and relevant provisions of customary law, including those codified in Additional Protocol I<\/span>3<\/sup><\/span>to the four Geneva Conventions,<\/span>4<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Having considered<\/i><\/span> 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<\/span>5<\/sup><\/span> and the relevant reports of the Secretary-General,<\/span>6<\/sup><\/span>\t<\/span> <\/sup><\/span><\/p><\/div>\n

\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

\n

\t<\/span><\/span>Recalling<\/i><\/span> the advisory opinion rendered on 9 July 2004 by the International Court of Justice,<\/span>7<\/sup><\/span>\t<\/span> <\/sup><\/span> and also recalling General Assembly resolution ES-10\/15 of 20 July 2004,<\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Noting in particular<\/i><\/span> the Court’s reply, including that the Fourth Geneva Conventions<\/span>2<\/sup><\/span> applicable in the Occupied Palestinian Territory, including East Jerusalem, and that Israel is in breach of several of the provisions of the Convention,<\/span><\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> 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,<\/p><\/div>\n

\n

\t<\/span>Welcoming and encouraging<\/i> 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 efforts of the depositary State of the Geneva Conventions in this regard,<\/p><\/div>\n

\n

\t<\/span>Stressing<\/i> that Israel, the occupying Power, should comply strictly with its obligations under international law, including international humanitarian law,<\/p><\/div>\n

\n

\t<\/span>1.\t<\/span><\/span>Reaffirms<\/i><\/span> that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,<\/span>2<\/sup><\/span> is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;<\/span><\/p><\/div>\n

\n

\t<\/span>2.\t<\/span>Demands<\/i> 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;<\/p><\/div>\n

\n

\t<\/span>3.\t<\/span><\/span>Calls upon<\/i><\/span> all High Contracting Parties to the Convention, in accordance with article 1 common to the four Geneva Conventions<\/span>4 <\/sup><\/span>and as mentioned in the advisory opinion of the International Court of Justice of 9 July 2004,<\/span>7 <\/sup><\/span>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;<\/span><\/p><\/div>\n

\n

\t<\/span>4.\t<\/span>Reiterates<\/i> the need for speedy implementation of the relevant recommendations contained in the resolutions adopted by the General Assembly at its tenth emergency special session, including resolution ES-10\/15, with regard to ensuring respect by Israel, the occupying Power, for the provisions of the Convention;<\/p><\/div>\n

\n

\t<\/span>5.\t<\/span>Requests<\/i> the Secretary-General to report to the General Assembly at its sixty-fifth session on the implementation of the present resolution.<\/p><\/div>\n

<\/p>\n

\n

_________<\/p><\/div>\n

\n

1<\/sup><\/span>See Carnegie Endowment for International Peace, <\/span>The Hague Conventions and Declarations of 1899 and 1907<\/i><\/span> (New York, Oxford University Press, 1915).<\/span><\/p><\/div>\n

\n

2<\/sup><\/span>United Nations, <\/span>Treaty Series<\/i><\/span>, vol. 75, No. 973.<\/span><\/p><\/div>\n

\n

3<\/sup><\/span>Ibid., vol. 1125, No. 17512.<\/span> <\/span><\/p><\/div>\n

\n

4<\/sup><\/span>Ibid., vol. 75, Nos. 970-973.<\/span><\/p><\/div>\n

\n

5<\/sup><\/span>See A\/64\/339.<\/span><\/p><\/div>\n

\n

6<\/sup><\/span>A\/64\/332, A\/64\/340, A\/64\/354, A\/64\/516 and A\/64\/517.<\/span><\/p><\/div>\n

\n

7<\/sup><\/span>See A\/ES-10\/273 and Corr.1; see also <\/span>Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004<\/i><\/span>, p. 136.<\/span><\/p><\/div>\n

<\/p>\n

\n

\n

\n<\/p><\/div>\n

<\/p>\n

\n

Draft resolution III<\/strong><\/p><\/div>\n

\n

Israeli settlements in the Occupied Palestinian Territory, <\/strong><\/p><\/div>\n

\n

including East Jerusalem, and the occupied Syrian Golan<\/strong><\/p><\/div>\n

<\/p>\n

\n

\t<\/span>The General Assembly<\/i>,<\/p><\/div>\n

\n

\t<\/span>Guided<\/i> by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force,<\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> its relevant resolutions, including resolution 63\/97 of 5 December 2008, as well as those resolutions adopted at its tenth emergency special session,<\/p><\/div>\n

\n

\t<\/span>Recalling also<\/i> 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,<\/p><\/div>\n

\n

\t<\/span><\/span>Reaffirming<\/i><\/span> the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,<\/span>1<\/sup><\/span>\t<\/span><\/sup><\/span>to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan,<\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Considering<\/i><\/span> 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 Convention<\/span>1 <\/sup><\/span>and relevant provisions of customary law, including those codified in Additional Protocol I<\/span>2<\/sup><\/span> <\/sup><\/span>to the four Geneva Conventions,<\/span>3<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Recalling<\/i><\/span> the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the <\/span>Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory<\/i><\/span>,<\/span>4<\/sup><\/span> and recalling also General Assembly resolutions ES-10\/15 of 20 July 2004 and ES-10\/17 of 15 December 2006,<\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Noting<\/i><\/span> 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”,<\/span>5<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Taking note<\/i><\/span> of the recent report of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied by Israel since 1967,<\/span>6<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Recalling<\/i><\/span> the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993<\/span>7<\/sup><\/span> and the subsequent implementation agreements between the Palestinian and Israeli sides, <\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Recalling also<\/i><\/span> the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,<\/span>8<\/sup><\/span>and noting 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, <\/span><\/p><\/div>\n

\n

\t<\/span>Aware<\/i> that Israeli settlement activities involve, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the exploitation of natural resources and other actions against the Palestinian civilian population that are contrary to international law, <\/p><\/div>\n

\n

\t<\/span>Bearing in mind<\/i> the detrimental impact of Israeli settlement policies, decisions and activities on efforts to resume the peace process and to achieve peace in the Middle East, <\/p><\/div>\n

\n

\t<\/span>Expressing grave concern<\/i> about the continuation by Israel, the occupying Power, of settlement activities in the Occupied Palestinian Territory, in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties, and concerned particularly 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, and intensifying settlement activities in the Jordan Valley, <\/p><\/div>\n

\n

\t<\/span>Expressing grave concern also<\/i> 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 socio-economic conditions for the Palestinian people, is fragmenting the territorial contiguity of the Territory, and could prejudge future negotiations and make the two-State solution physically impossible to implement, <\/p><\/div>\n

\n

\t<\/span>Deeply concerned<\/i> 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, <\/p><\/div>\n

\n

\t<\/span>Deploring<\/i> 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 and the de facto annexation of land, <\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> the need to end all acts of violence, including acts of terror, provocation, incitement and destruction, <\/p><\/div>\n

\n

\t<\/span>Gravely concerned<\/i> about the rising incidents of violence, harassment, provocation and incitement by illegal armed Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, against Palestinian civilians and their properties and agricultural lands, <\/p><\/div>\n

\n

\t<\/span>Noting<\/i> the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of the settlements therein as a step towards the implementation of the road map,<\/p><\/div>\n

\n

\t<\/span><\/span>Taking note<\/i><\/span> of the relevant reports of the Secretary-General,<\/span>9<\/sup><\/span>\t<\/span> <\/sup><\/span><\/p><\/div>\n

\n

\t<\/span>Taking note also<\/i> of the special meeting of the Security Council convened on 26 September 2008, <\/p><\/div>\n

\n

\t<\/span>1.\t<\/span>Reaffirms<\/i> that the Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development; <\/p><\/div>\n

\n

\t<\/span>2.\t<\/span><\/span>Calls upon<\/i><\/span> 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,<\/span>1 <\/sup><\/span>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; <\/span><\/p><\/div>\n

\n

\t<\/span>3.\t<\/span>Also calls upon<\/i> Israel, the occupying Power, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem; <\/p><\/div>\n

\n

\t<\/span>4.\t<\/span>Reiterates its demand<\/i> 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 the relevant resolutions of the Security Council, including resolution 465 (1980); <\/p><\/div>\n

\n

\t<\/span>5.\t<\/span><\/span>Demands<\/i><\/span> 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;<\/span>4 <\/sup><\/span><\/p><\/div>\n

\n

\t<\/span>6.\t<\/span>Reiterates its call for<\/i> the prevention of all acts of violence and harassment by Israeli settlers, especially against Palestinian civilians and their properties and agricultural lands, and stresses 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; <\/p><\/div>\n

\n

\t<\/span>7.\t<\/span>Requests<\/i> the Secretary-General to report to the General Assembly at its sixty-fifth session on the implementation of the present resolution. <\/p><\/div>\n

<\/p>\n

\n

__________<\/p><\/div>\n

\n

1<\/sup><\/span>United Nations, <\/span>Treaty Series<\/i><\/span>, vol. 75, No. 973.<\/span><\/p><\/div>\n

\n

2<\/sup><\/span>Ibid., vol. 1125, No. 17512.<\/span><\/p><\/div>\n

\n

3<\/sup><\/span>Ibid., vol. 75, Nos. 970-973.<\/span> <\/span><\/p><\/div>\n

\n

4<\/sup><\/span>See A\/ES-10\/273 and Corr.1; see also <\/span>Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004<\/i><\/span>, p. 136.<\/span><\/p><\/div>\n

\n

5<\/sup><\/span>See A\/ES-10\/273 and Corr. 1, advisory opinion, para. 120; see also <\/span>Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004<\/i><\/span>, p. 136.<\/span> <\/span><\/p><\/div>\n

\n

6<\/sup><\/span>See A\/64\/328.<\/span> <\/span><\/p><\/div>\n

\n

7<\/sup><\/span>A\/48\/486-S\/26560, annex.<\/span><\/p><\/div>\n

\n

8<\/sup><\/span>S\/2003\/529, annex.<\/span> <\/span><\/p><\/div>\n

\n

9<\/sup><\/span>A\/64\/332, A\/64\/340, A\/64\/354, A\/64\/516 and A\/64\/517.<\/span> <\/span><\/p><\/div>\n

<\/p>\n

\n

\n

\n<\/p><\/div>\n

<\/p>\n

\n

Draft resolution IV<\/strong><\/p><\/div>\n

\n

Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including<\/strong><\/p><\/div>\n

\n

East Jerusalem<\/strong><\/p><\/div>\n

\n

\t<\/span>The General Assembly<\/i>, <\/p><\/div>\n

\n

\t<\/span><\/span>Recalling<\/i><\/span> the Universal Declaration of Human Rights,<\/span>1<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Recalling also<\/i><\/span> the International Covenant on Civil and Political Rights,<\/span>2<\/sup><\/span>\t<\/span><\/sup><\/span> the International Covenant on Economic, Social and Cultural Rights<\/span>2 <\/sup><\/span>and the Convention on the Rights of the Child,<\/span>3<\/sup><\/span> and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, <\/span><\/p><\/div>\n

\n

\t<\/span>Reaffirming<\/i> its relevant resolutions, including resolution 63\/98 of 5 December 2008, as well as those adopted at its tenth emergency special session, <\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> the relevant resolutions of the Commission on Human Rights and the Human Rights Council, <\/p><\/div>\n

\n

\t<\/span>Recalling also<\/i> the relevant resolutions of the Security Council, and stressing the need for their implementation, <\/p><\/div>\n

\n

\t<\/span><\/span>Having considered<\/i><\/span> 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<\/span>4<\/sup><\/span> and the report of the Secretary-General,<\/span>5<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Taking note<\/i><\/span> 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,<\/span>6<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Recalling<\/i><\/span> the advisory opinion rendered on 9 July 2004 by the International Court of Justice,<\/span>7<\/sup><\/span>\t<\/span> <\/sup><\/span>and recalling also General Assembly resolutions ES-10\/15 of 20 July 2004 and ES-10\/17 of 15 December 2006, <\/span><\/p><\/div>\n

\n

\t<\/span>Noting in particular<\/i> 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, <\/p><\/div>\n

\n

\t<\/span>Aware<\/i> 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, <\/p><\/div>\n

\n

\t<\/span>Reaffirming<\/i> the principle of the inadmissibility of the acquisition of territory by force, <\/p><\/div>\n

\n

\t<\/span><\/span>Reaffirming also<\/i><\/span> the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,<\/span>8<\/sup><\/span> to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, <\/span><\/p><\/div>\n

\n

\t<\/span><\/span>Reaffirming further<\/i><\/span> the obligation of the States parties to the Fourth Geneva Convention<\/span>8 <\/sup><\/span>under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties, <\/span><\/p><\/div>\n

\n

\t<\/span>Reaffirming<\/i> 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, <\/p><\/div>\n

\n

\t<\/span><\/span>Stressing<\/i><\/span> 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,<\/span>9<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span>Stressing also<\/i> 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, <\/p><\/div>\n

\n

\t<\/span>Expressing grave concern<\/i> 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, 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, 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, <\/p><\/div>\n

\n

\t<\/span>Gravely concerned<\/i> about the military actions that have been carried out since 28 September 2000 and that have led to thousands of deaths among Palestinian civilians, including hundreds of children, and tens of thousands of injuries, <\/p><\/div>\n

\n

\t<\/span>Gravely concerned in particular<\/i> about the continuing deterioration in the humanitarian 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 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 from the firing of rockets into Israel, <\/p><\/div>\n

\n

\t<\/span>Stressing<\/i> 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,<\/p><\/div>\n

\n

\t<\/span><\/span>Gravely concerned<\/i><\/span> 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 Inquiry<\/span>10<\/sup><\/span> and in the report of the United Nations Fact-finding Mission on the Gaza Conflict,<\/span>11<\/sup><\/span>\t<\/span><\/sup><\/span> and stressing the necessity for serious follow-up by all parties to the recommendations addressed to them towards ensuring accountability and justice,<\/span><\/p><\/div>\n

\n

\t<\/span>Expressing deep concern<\/i> about the short- and long-term detrimental impact of such widespread destruction and the impeding of the reconstruction process by Israel, the occupying Power, on the human rights situation and on the socio-economic and humanitarian conditions of the Palestinian civilian population, <\/p><\/div>\n

\n

\t<\/span>Expressing deep concern also<\/i> about the Israeli policy of closures, severe restrictions, and a permit regime that obstruct the freedom of movement of persons and goods, including medical and humanitarian personnel and goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and about the consequent violation of the human rights of the Palestinian people and the negative impact on their socio-economic situation, which remains that of a dire humanitarian crisis, particularly in the Gaza Strip,<\/p><\/div>\n

\n

\t<\/span>Concerned in particular<\/i> about the continued establishment of Israeli checkpoints in the Occupied Palestinian Territory, including East Jerusalem, and the transformation of several of these checkpoints into structures akin to permanent border crossings inside the Occupied Palestinian Territory, which are severely impairing the territorial contiguity of the Territory and undermining efforts and aid aimed at rehabilitating and developing the Palestinian economy, adversely affecting other aspects of the socio-economic conditions of the Palestinian people,<\/p><\/div>\n

\n

\t<\/span>Expressing deep concern<\/i> that thousands of Palestinians, including hundreds of children and women, continue to be held in Israeli prisons or detention centres under harsh conditions that impair their well-being, and expressing concern about the ill-treatment and harassment of any Palestinian prisoners and all reports of torture, <\/p><\/div>\n

\n

\t<\/span>Convinced<\/i> 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 implement the agreements reached, and, in this regard, recalling the positive contribution of the Temporary International Presence in Hebron, <\/p><\/div>\n

\n

\t<\/span>Emphasizing<\/i> the right of all people in the region to the enjoyment of human rights as enshrined in the international human rights covenants, <\/p><\/div>\n

\n

\t<\/span>1.\t<\/span><\/span>Reiterates<\/i><\/span> 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,<\/span>8<\/sup><\/span> and contrary to the relevant resolutions of the Security Council, are illegal and have no validity; <\/span><\/p><\/div>\n

\n

\t<\/span>2.\t<\/span>Demands<\/i> 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, and that it respect human rights law and comply with its legal obligations in this regard; <\/p><\/div>\n

\n

\t<\/span>3.\t<\/span><\/span>Also demands<\/i><\/span> that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 1949<\/span>8 <\/sup><\/span>and cease immediately all measures and actions taken in violation and in breach of the Convention, including all of its settlement activities and the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, which, inter alia, gravely and detrimentally impact the human rights of the Palestinian people; <\/span><\/p><\/div>\n

\n

\t<\/span>4.\t<\/span>Condemns<\/i> 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 in the recent period, 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; <\/p><\/div>\n

\n

\t<\/span>5.\t<\/span>Expresses grave concern<\/i> at the firing of rockets against Israeli civilian areas resulting in loss of life and injury; <\/p><\/div>\n

\n

\t<\/span>6.\t<\/span>Reiterates its demand<\/i> for the full implementation of Security Council resolution 1860 (2009);<\/p><\/div>\n

\n

\t<\/span>7.\t<\/span>Calls upon<\/i> Israel, the occupying Power, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem; <\/p><\/div>\n

\n

\t<\/span>8.\t<\/span><\/span>Demands<\/i><\/span> 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 Justice<\/span>7 <\/sup><\/span>and as demanded in resolutions ES-10\/15 of 20 July 2004 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 socio-economic living conditions of the Palestinian people; <\/span><\/p><\/div>\n

\n

\t<\/span>9.\t<\/span>Reiterates<\/i> 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, and to and from the outside world; <\/p><\/div>\n

\n

\t<\/span>10.\t<\/span>Calls upon<\/i> 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; <\/p><\/div>\n

\n

\t<\/span>11.\t<\/span>Urges<\/i> Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socio-economic and humanitarian situation, particularly in the Gaza Strip; <\/p><\/div>\n

\n

\t<\/span>12.\t<\/span>Emphasizes<\/i> 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; <\/p><\/div>\n

\n

\t<\/span>13.\t<\/span>Requests<\/i> the Secretary-General to report to the General Assembly at its sixty-fifth session on the implementation of the present resolution. <\/p><\/div>\n

<\/p>\n

\n

_________<\/p><\/div>\n

\n

1<\/sup><\/span>Resolution 217 A (III).<\/span><\/p><\/div>\n

\n

2<\/sup><\/span>See resolution 2200 A (XXI), annex.<\/span><\/p><\/div>\n

\n

3<\/sup><\/span>United Nations, <\/span>Treaty Series<\/i><\/span>, vol. 1577, No. 27531.<\/span><\/p><\/div>\n

\n

4<\/sup><\/span>See A\/64\/339.<\/span><\/p><\/div>\n

\n

5<\/sup><\/span>A\/64\/517.<\/span> <\/span><\/p><\/div>\n

\n

6<\/sup><\/span>A\/HRC\/10\/20; see also A\/64\/328.<\/span> <\/span><\/p><\/div>\n

\n

7<\/sup><\/span>See A\/ES-10\/273 and Corr.1; see also <\/span>Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004<\/i><\/span>, p. 136.<\/span> <\/span><\/p><\/div>\n

\n

8<\/sup><\/span>United Nations, <\/span>Treaty Series<\/i><\/span>, vol. 75, No. 973.<\/span><\/p><\/div>\n

\n

9<\/sup><\/span>S\/2003\/529, annex.<\/span> <\/span><\/p><\/div>\n

\n

10<\/sup><\/span>See A\/63\/855-S\/2009\/250.<\/span><\/p><\/div>\n

\n

11<\/sup><\/span>A\/HRC\/12\/48.<\/span><\/p><\/div>\n

<\/p>\n

\n

\n

\n<\/p><\/div>\n
\n

Draft resolution V<\/strong><\/p><\/div>\n

\n

The occupied Syrian Golan<\/strong><\/p><\/div>\n

\n

\t<\/span>The General Assembly<\/i>,<\/p><\/div>\n

\n

\t<\/span><\/span>Having considered<\/i><\/span> 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,<\/span>1<\/sup><\/span><\/p><\/div>\n

\n

\t<\/span>Deeply concerned<\/i> that the Syrian Golan, occupied since 1967, has been under continued Israeli military occupation,<\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> Security Council resolution 497 (1981) of 17 December 1981,<\/p><\/div>\n

\n

\t<\/span>Recalling also<\/i> its previous relevant resolutions, the most recent of which was resolution 63\/99 of 5 December 2008,<\/p><\/div>\n

\n

\t<\/span><\/span>Having considered<\/i><\/span> the report of the Secretary-General submitted in pursuance of resolution 63\/99,<\/span>2<\/sup><\/span>\t<\/span> \t<\/span><\/sup><\/span><\/p><\/div>\n

\n

\t<\/span>Recalling<\/i> its previous relevant resolutions in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories,<\/p><\/div>\n

\n

\t<\/span>Reaffirming once more<\/i> 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,<\/p><\/div>\n

\n

\t<\/span>Reaffirming<\/i> that the acquisition of territory by force is inadmissible under international law, including the Charter of the United Nations,<\/p><\/div>\n

\n

\t<\/span><\/span>Reaffirming also<\/i><\/span> the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,<\/span>3<\/sup><\/span> to the occupied Syrian Golan,<\/span><\/p><\/div>\n

\n

\t<\/span>Bearing in mind<\/i> Security Council resolution 237 (1967) of 14 June 1967,<\/p><\/div>\n

\n

\t<\/span>Welcoming<\/i> 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,<\/p><\/div>\n

\n

\t<\/span>1.\t<\/span>Calls upon<\/i> Israel, the occupying Power, 51ÁÔÆæ 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;<\/p><\/div>\n

\n

\t<\/span>2.\t<\/span>Also calls upon<\/i> 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;<\/p><\/div>\n

\n

\t<\/span>3.\t<\/span><\/span>Determines<\/i><\/span> 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,<\/span>3 <\/sup><\/span>and have no legal effect;<\/span><\/p><\/div>\n

\n

\t<\/span>4.\t<\/span>Calls upon<\/i> 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;<\/p><\/div>\n

\n

\t<\/span>5.\t<\/span>Deplores<\/i> the violations by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;<\/p><\/div>\n

\n

\t<\/span>6.\t<\/span>Calls once again upon<\/i> Member States not to recognize any of the legislative or administrative measures and actions referred to above;<\/p><\/div>\n

\n

\t<\/span>7.\t<\/span>Requests<\/i> the Secretary-General to report to the General Assembly at its sixty-fifth session on the implementation of the present resolution.<\/p><\/div>\n

<\/p>\n

\n

________<\/p><\/div>\n

\n

1<\/sup><\/span>See A\/64\/339.<\/span><\/p><\/div>\n

\n

2<\/sup><\/span>A\/64\/354.<\/span><\/p><\/div>\n

\n

3<\/sup><\/span>United Nations, <\/span>Treaty Series<\/i><\/span>, vol. 75, No. 973.<\/span><\/p><\/div>\n

\n

___________<\/p><\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

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. Khalid Mohammed Osman Ali (Sudan) I. Introduction 1. At its 2nd plenary meeting, on 18 September 2009, the General Assembly, […]<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"template":"","meta":{"footnotes":""},"country":[],"document-category":[2965,4833,1323],"document-source":[5618],"committee-meeting":[],"document-subject":[6156,1861,2237,1741,1805,2137],"entity":[1729],"document-language":[6542],"class_list":["post-179260","document","type-document","status-publish","hentry","document-category-draft-resolution","document-category-general-assembly-draft-resolution","document-category-report","document-source-general-assembly-fourth-committee-special-political-and-decolonization","document-subject-agenda-item","document-subject-fourth-geneva-convention","document-subject-golan-heights","document-subject-human-rights-and-international-humanitarian-law","document-subject-occupation","document-subject-settlements","entity-united-nations-system","document-language-english"],"_links":{"self":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document\/179260","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document"}],"about":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/types\/document"}],"author":[{"embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/users\/1"}],"version-history":[{"count":0,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document\/179260\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/media?parent=179260"}],"wp:term":[{"taxonomy":"country","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/country?post=179260"},{"taxonomy":"document-category","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-category?post=179260"},{"taxonomy":"document-source","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-source?post=179260"},{"taxonomy":"committee-meeting","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/committee-meeting?post=179260"},{"taxonomy":"document-subject","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-subject?post=179260"},{"taxonomy":"entity","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/entity?post=179260"},{"taxonomy":"document-language","embeddable":true,"href":"https:\/\/www.un.org\/unispal\/wp-json\/wp\/v2\/document-language?post=179260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}