Resolution 58/23
(December 3, 2003)
Having
considered the item entitled
"The situation in the Middle East",
Taking
note of the report of the Secretary-General, 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, in accordance with international law and the Charter of the
United Nations,
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withdrawn from the Syrian Golan, which has been under occupation since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,
Stressing the illegality
of the Israeli settlement construction and other activities in the occupied
Syrian Golan since 1967,
Noting
with satisfaction the convening
in Madrid on 30 October 1991 of the Peace Conference on the Middle East,
on the basis of Security Council resolutions 242 (1967) of 22 November
1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978
and the formula of land for peace,
Expressing grave concern over the halt in the peace process on the Syrian track,
and expressing the hope that peace talks will soon resume from the point
they had reached,
1. Declares that Israel
has failed so far to comply with Security Council resolution 497 (1981);
2. Declares also that
the Israeli decision of 14 December 1981 to impose its laws, jurisdiction
and administration on the occupied Syrian Golan is null and void and
has no validity whatsoever, as confirmed by the Security Council in
its resolution 497 (1981), 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 1949,2 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. Calls
upon Israel to resume the talks
on the Syrian and Lebanese tracks and to respect the commitments and
undertakings reached during the previous talks;
6. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line
of 4 June 1967 in implementation of the relevant Security Council resolutions;
7. Calls
upon all the parties concerned,
the co-sponsors of the peace process and the entire international community
to exert all the necessary efforts to ensure the resumption of the peace
process and its success by implementing Security Council resolutions
242 (1967) and 338 (1973);
8. Requests the Secretary-General
to report to the General Assembly at its fifty-ninth session on the
implementation of the present resolution.
Notes
1A/58/264.
2 United Nations, Treaty
Series, vol. 75, No. 973.
3See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and
1907 (New York, Oxford
University Press, 1915).
Sources: The United Nations |