Forty-ninth session
Agenda item 38
RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123
C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C
of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of
4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December
1988, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990,
46/82 B of 16 December 1991, 47/63 B of 11 December 1992 and 48/59
A of 14 December 1993, in which it determined that all legislative
and administrative measures and actions taken by Israel, the occupying
Power, which had altered or purported to alter the character and
status of the Holy City of Jerusalem, in particular the so-called
"Basic Law" on Jerusalem and the proclamation of Jerusalem
as the capital of Israel, were null and void and must be rescinded
forthwith,
Recalling also Security Council resolution 478 (1980) of
20 August 1980, in which the Council, inter alia, decided not
to recognize the "Basic Law" and called upon those States
that had established diplomatic missions at Jerusalem to withdraw
such missions from the Holy City,
Having considered the report of the Secretary-General of
20 October 1994, 1/
1. Determines that the decision of Israel to impose its
laws, jurisdiction and administration on the Holy City of Jerusalem
is illegal and therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic
missions to Jerusalem in violation of Security Council resolution
478 (1980), and their refusal to comply with the provisions of
that resolution;
3. Calls once more upon those States to abide by the provisions
of the relevant United Nations resolutions, in conformity with
the Charter of the United Nations;
4. Requests the Secretary-General to report to the General
Assembly at its fiftieth session on the implementation of the
present resolution.
91st plenary meeting
16 December 1994
The General Assembly,
Having considered the item entitled "The situation in
the Middle East",
Taking note of the report of the Secretary-General of 20
October 1994, 1/
Recalling Security Council resolution 497 (1981) of 17
December 1981,
Reaffirming the fundamental principle of the inadmissibility
of the acquisition of territory by force,
Reaffirming once more the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War,
of 12 August 1949, 2/ to the occupied Syrian Golan,
Deeply concerned that Israel has not withdrawn from the
Syrian Golan, which has been under occupation since 1967, contrary
to the relevant Security Council and General Assembly resolutions,
Noting with satisfaction 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, with the hope that substantial and concrete progress
will be achieved on the Syrian and Lebanese tracks for the realization
of a just, comprehensive and lasting peace in the region,
1. Declares that Israel has failed so far to comply with
Security Council resolution 497 (1981);
2. Declares also that the Knesset decision of 11 November
1991 annexing the occupied Syrian Golan constitutes a grave violation
of Security Council resolution 497 (1981) and therefore is null
and void and has no validity whatsoever, and calls upon Israel
to rescind it;
3. Reaffirms its determination that all relevant provisions
of the Regulations annexed to the Hague Convention of 1907, 3/
and the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, continue to apply to
the Syrian territory occupied by Israel since 1967, and calls
upon the parties thereto to respect and ensure respect for their
obligations under those instruments in all circumstances;
4. Determines once more that the continued occupation of
the Syrian Golan and its de facto annexation constitute a stumbling-block
in the way of achieving a just, comprehensive and lasting peace
in the region;
5. Demands once more that Israel withdraw from all the
occupied Syrian Golan in implementation of the relevant Security
Council resolutions;
6. Requests the Secretary-General to report to the General
Assembly at its fiftieth session on the implementation of the
present resolution.
91st plenary meeting
16 December 1994
____________
1/ A/49/556.
2/ United Nations, Treaty Series, vol. 75, No. 973.
3/ See Carnegie Endowment for International Peace, The Hague Conventions
and Declarations of 1899 and 1907 (New York, Oxford University
Press, 1915).