Resolution 58/99
(December 17, 2003)
The General Assembly,
Recalling its relevant resolutions, including
those adopted at its tenth emergency special session, and the resolutions
of the Commission on Human Rights,
Bearing
in mind the relevant resolutions
of the Security Council,
Having
considered 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 1 and the reports of
the Secretary-General, 2
Taking
note of the report of the Human
Rights Inquiry Commission established by the Commission on Human Rights 3 and the report of
the Special Rapporteur of the Commission on Human Rights on the situation
of human rights in the Palestinian territories occupied by Israel since
1967, 4
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, 5 to the Occupied Palestinian
Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Reaffirming further the obligation of the States parties to the Fourth Geneva
Convention 5under articles 146, 147 and 148 with regard to penal sanctions,
grave breaches and responsibilities of the High Contracting Parties,
Stressing the need for full compliance
with the Israeli-Palestinian agreements reached within the context of
the Middle East peace process and the implementation of the Quartet
road map to a permanent two-State solution to the Israeli-Palestinian
conflict, 6
Concerned about the continuing systematic
violation of the human rights of the Palestinian people by Israel, the
occupying Power, including the use of collective punishment, the reoccupation
and closure of areas, the confiscation of land, the establishment and
expansion of settlements, the construction of a wall inside the Occupied
Palestinian Territory in departure from the Armistice Line of 1949,
the destruction of property 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,
Gravely
concerned about the tragic events
that have occurred since 28 September 2000 and that have led to thousands
of deaths and injuries among Palestinian civilians,
Gravely
concerned also about the use
of suicide bombing attacks against Israeli civilians resulting in extensive
loss of life and injury,
Expressing deep concern about the extensive destruction caused by the Israeli occupying
forces, including the destruction of homes and properties, of religious,
cultural and historical sites, of vital infrastructure and institutions
of the Palestinian Authority, and of agricultural land throughout Palestinian
cities, towns, villages and refugee camps,
Also
expressing deep concern about
the Israeli policy of closure and the severe restrictions, including
curfews, imposed on the movement of persons and goods, including medical
and humanitarian personnel and goods, throughout the Occupied Palestinian
Territory, including East Jerusalem, and the consequent impact on the
socio-economic situation of the Palestinian people, which has resulted
in a dire humanitarian crisis,
Expressing concern that thousands of Palestinians continue to be held in Israeli
prisons or detention centres, and also expressing concern about the
ill-treatment and harassment of any Palestinian prisoners and all reports
of torture,
Convinced of the need for an international
presence to monitor the situation, to contribute to ending the violence
and protecting the Palestinian civilians and to help the parties to
implement agreements reached, and, in this regard, recalls the positive
contribution of the Temporary International Presence in Hebron,
Stressing the necessity for the full implementation
of all relevant Security Council resolutions,
1. Determines 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, 5 and contrary to the relevant resolutions of the Security
Council, are illegal and have no validity;
2. Demands that Israel,
the occupying Power, comply fully with the provisions of the Fourth
Geneva Convention of 1949 5 and cease immediately
all measures and actions taken in violation of the Convention, including
the extrajudicial executions;
3. Condemns all acts
of violence, including all acts of terror, provocation, incitement and
destruction, especially the excessive use of force by Israeli forces
against Palestinian civilians, resulting in extensive loss of life,
vast numbers of injuries and massive destruction;
4. Also
condemns the events that have
occurred in the Jenin refugee camp in April 2002, including the loss
of life, injury, destruction and displacement inflicted on many of its
civilian inhabitants;
5. Demands that Israel,
the occupying Power, cease all practices and actions that violate the
human rights of the Palestinian people;
6. Stresses the need
to preserve the territorial integrity of all the Occupied Palestinian
Territory and to guarantee the freedom of movement of persons and goods
within the Palestinian territory, including the removal of restrictions
on movement into and from East Jerusalem, and the freedom of movement
to and from the outside world;
7. Requests the Secretary-General to report to the General Assembly
at its fifty-ninth session on the implementation of the present resolution.
72nd plenary meeting
9
December 2003
1A/58/311.
2A/58/155, A/58/156, A/58/263, A/58/264 and
A/58/310.
3E/CN.4/2001/121.
4E/CN.4/2004/6.
5United Nations, Treaty Series, vol. 75, No. 973.
6S/2003/529, annex.
Sources: The United Nations |