Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, G.A. res. 50/29, U.N. Doc. A/RES/50/29 (1995).


 
                                       A
 
      The General Assembly,
 
      Guided by the purposes and principles of the Charter of the United
Nations, 
 
      Guided also by the principles of international humanitarian law, in
particular the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, as well as international standards
of human rights, in particular the Universal Declaration of Human Rights and
the International Covenants on Human Rights,
 
      Recalling its relevant resolutions, including resolution 2443 (XXIII) of
19 December 1968, and relevant resolutions of the Commission on Human Rights,
 
      Recalling also relevant resolutions of the Security Council,
 
      Aware of the uprising (intifadah) of the Palestinian people,
 
      Convinced that occupation itself represents a primary violation of human
rights,
 
      Having considered the reports of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and
Other Arabs of the Occupied Territories and the relevant reports of the
Secretary- General,
 
      Noting the signing of the Declaration of Principles on Interim Self-
Government Arrangements, including its Annexes and its Agreed Minutes, by the
Government of the State of Israel and the Palestine Liberation Organization in
Washington on 13 September 1993, as well as the subsequent implementation
agreements, including the Agreement on the Gaza Strip and the Jericho Area
signed at Cairo on 4 May 1994 and the Interim Agreement on the West Bank and
the Gaza Strip signed in Washington on 28 September 1995,
 
      Expressing the hope that, with the progress of the peace process, the
Israeli occupation will be brought to an end and therefore violation of the
human rights of the Palestinian people will cease,
 
      1.    Commends the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and Other Arabs of the
Occupied Territories for its efforts in performing the tasks assigned to it by
the General Assembly and for its impartiality;
 
      2.    Demands that Israel cooperate with the Special Committee in
implementing its mandate;
 
      3.    Deplores those policies and practices of Israel which violate the
human rights of the Palestinian people and other Arabs of the occupied
territories, as reflected in the reports of the Special Committee covering the
reporting period;
 
      4.    Expresses the hope that, in the light of the recent positive
political developments, those policies and practices will be brought to an end
immediately;
 
      5.    Requests the Special Committee, pending complete termination of
the Israeli occupation, to continue to investigate Israeli policies and
practices in the occupied Palestinian territory, including Jerusalem, and
other Arab territories occupied by Israel since 1967, to consult, as
appropriate, with the International Committee of the Red Cross according to
its regulations in order to ensure that the welfare and human rights of the
peoples of the occupied territories are safeguarded and to report to the
Secretary-General as soon as possible and whenever the need arises thereafter;
 
      6.    Also requests the Special Committee to submit regularly to the
Secretary-General periodic reports on the current situation in the occupied
Palestinian territory;
 
      7.    Further requests the Special Committee to continue to investigate
the treatment of prisoners in the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since 1967;
 
      8.    Requests the Secretary-General:
 
      (a)   To provide all necessary facilities to the Special Committee,
including those required for its visits to the occupied territories, so that
it may investigate the Israeli policies and practices referred to in the
present resolution;
 
      (b)   To continue to make available such additional staff as may be
necessary to assist the Special Committee in the performance of its tasks;
 
      (c)   To circulate regularly to Member States the periodic reports
mentioned in paragraph 6 above;
 
      (d)   To ensure the widest circulation of the reports of the Special
Committee and of information regarding its activities and findings, by all
means available, through the Department of Public Information of the
Secretariat and, where necessary, to reprint those reports of the Special
Committee that are no longer available;
 
      (e)   To report to the General Assembly at its fifty-first session on
the tasks entrusted to him in the present resolution;
 
      9.    Decides to include in the provisional agenda of its fifty-first
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".
 
 
                                       B
 
      The General Assembly,
 
      Recalling its relevant resolutions,
 
      Bearing in mind the relevant resolutions of the Security Council,
 
      Having considered the reports of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and
Other Arabs of the Occupied Territories and the relevant reports of the
Secretary- General,
 
      Considering that the promotion of respect for the obligations arising
from the Charter of the United Nations and other instruments and rules of
international law is among the basic purposes and principles of the United
Nations, 
 
      Stressing that Israel, the occupying Power, should comply strictly with
its obligations under international law,
 
      1.    Reaffirms that the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, is applicable to the
occupied Palestinian territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967;
 
      2.    Demands that Israel accept the de jure applicability of the
Convention in the occupied Palestinian territory, including Jerusalem, and
other Arab territories occupied by Israel since 1967, and that it comply
scrupulously with the provisions of the Convention;
 
      3.    Calls upon all States parties to the Convention, in accordance
with article 1 common to the four Geneva Conventions, to exert all efforts in
order to ensure respect for its provisions by Israel, the occupying Power, in
the occupied Palestinian territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967;
 
      4.    Requests the Secretary-General to report to the General Assembly
at its fifty-first session on the implementation of the present resolution.
 
                                       C
 
      The General Assembly,
 
      Recalling its relevant resolutions and the resolutions of the Commission
on Human Rights,
 
      Bearing in mind the relevant resolutions of the Security Council, the
most recent of which is resolution 904 (1994) of 18 March 1994,
 
      Having considered the reports of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and
Other Arabs of the Occupied Territories and the reports of the
Secretary-General,
 
      Aware of the responsibility of the international community to promote
human rights and ensure respect for international law,
 
      Reaffirming the principle of the inadmissibility of the acquisition of
territory by force,
 
      Reaffirming also the applicability of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949, to the
occupied Palestinian territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967,
 
      Welcoming the signing of the Declaration of Principles on Interim Self-
Government Arrangements, including its Annexes and its Agreed Minutes, by the
Government of the State of Israel and the Palestine Liberation Organization in
Washington on 13 September 1993, as well as the subsequent implementation
agreements, including the Agreement on the Gaza Strip and the Jericho Area
signed at Cairo on 4 May 1994 and the Interim Agreement on the  West Bank and
the Gaza Strip signed in Washington on 28 September 1995,
 
      Noting the withdrawal of the Israeli army, which took place in the Gaza
Strip and the Jericho area in accordance with the agreements reached between
the parties, and the initiation of the Palestinian Authority in those areas,
 
      Concerned about the continuing violation of the human rights of the
Palestinian people by Israel, the occupying Power, especially in the use of
collective punishment, closure of areas, annexation and establishment of
settlements, and the continuing actions by it designed to change the legal
status, geographical nature and demographic composition of the occupied
Palestinian territory,
 
      Concerned in particular about the dangerous situation resulting from
actions taken by the illegal, armed Israeli settlers in the occupied
territory, as illustrated by the massacre of Palestinian worshippers by an
illegal Israeli settler in Al-Khalil on 25 February 1994,
 
      Convinced of the positive impact of a temporary international or foreign
presence in the occupied Palestinian territory for the safety and protection
of the Palestinian people,
 
      Expressing its appreciation to the countries that participated in the
Temporary International Presence in Hebron for their positive contribution,
 
      Convinced of the need for the full implementation of Security Council
resolution 904 (1994),
 
      1.    Determines that all measures and actions taken by Israel, the
occupying Power, in the occupied Palestinian territory, including Jerusalem,
in violation of the relevant provisions of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949, and
contrary to the relevant resolutions of the Security Council are illegal and
have no validity, and demands that Israel desist forthwith from taking any
such measures or actions;
 
      2.    Reaffirms in particular that the Israeli settlements in the
occupied Palestinian territory, including Jerusalem, and the other Arab
territories occupied by Israel since 1967 are illegal and an obstacle to
achieving comprehensive peace;
 
      3.    Notes with satisfaction the return of a number of deportees to the
occupied Palestinian territory and calls upon Israel to facilitate the return
of the remainder;
 
      4.    Calls upon Israel, the occupying Power, to accelerate the release
of all remaining Palestinians arbitrarily detained or imprisoned, in line with
agreements reached;
 
      5.    Calls for complete respect by Israel, the occupying Power, of all
fundamental freedoms of the Palestinian people, pending the extension of the
self-government arrangements to the rest of the West Bank;
 
      6.    Requests the Secretary-General to report to the General Assembly
at its fifty-first session on the implementation of the present resolution.
 
 
                                       D
 
      The General Assembly,
 
      Deeply concerned that the Syrian Golan occupied since 1967 has been
under continued Israeli military occupation,
 
      Recalling Security Council resolution 497 (1981) of 17 December 1981,
 
      Recalling also its previous relevant resolutions, the last of which was
49/36 D of 9 December 1994,
 
      Having considered the report of the Secretary-General of 20 October
1995,
 
      Recalling further its previous relevant resolutions in which, inter
alia, it called upon Israel to put an end to its occupation of the Arab
territories,
 
      Reaffirming once more the illegality of the decision of 14 December 1981
taken by Israel to impose its laws, jurisdiction and administration on the
occupied Syrian Golan, which has resulted in the effective annexation of that
territory,
 
      Reaffirming that the acquisition of territory by force is inadmissible
under the Charter of the United Nations,
 
      Reaffirming also the applicability of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949, to the
occupied Syrian Golan,
 
      Bearing in mind Security Council resolution 237 (1967) of 14 June 1967,
 
      Welcoming the convening at Madrid of the Peace Conference on the Middle
East on the basis of Security Council resolutions 242 (1967) of 22 November
1967 and 338 (1973) of 22 October 1973 aimed at the realization of a just,
comprehensive and lasting peace, and stressing the need for rapid progress in
all bilateral negotiations,
 
      1.    Calls upon Israel, the occupying Power, to comply with the
relevant resolutions on the occupied Syrian Golan, in particular Security
Council resolution 497 (1981), in which the Council, inter alia, decided that
the Israeli decision to impose its laws, jurisdiction and administration on
the occupied Syrian Golan was null and void and without international legal
effect, and demanded that Israel, the occupying Power, should rescind
forthwith its decisions;
 
      2.    Also calls upon Israel to desist from changing the physical
character, demographic composition, institutional structure and legal status
of the occupied Syrian Golan and in particular to desist from the
establishment of settlements;
 
      3.    Determines that all legislative and administrative measures and
actions taken or to be taken by Israel, the occupying Power, that purport to
alter the character and legal status of the occupied Syrian Golan are null and
void, constitute a flagrant violation of international law and of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, and have no legal effect;
 
      4.    Further calls upon Israel to desist from imposing Israeli
citizenship and Israeli identity cards on the Syrian citizens in the occupied
Syrian Golan, and to desist from its repressive measures against the
population of the occupied Syrian Golan;
 
      5.    Deplores the violations by Israel of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August
1949;
 
      6.    Calls once again upon Member States not to recognize any of the
legislative or administrative measures and actions referred to above;
 
      7.    Requests the Secretary-General to report to the General Assembly
at its fifty-first session on the implementation of the present resolution.
      

 

 



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