Resolution 59/121
(December 10, 2004)
The General Assembly,
Guided by the purposes and principles of the Charter
of the United Nations,
Guided also by international humanitarian law, in particular
the Geneva Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949,1 as well as international standards
of human rights, in particular the Universal Declaration of Human Rights2
and the International Covenants on Human Rights,3
Recalling its relevant resolutions, including resolutions
2443 (XXIII) of 19 December 1968 and 58/96 of 9 December 2003, and the
relevant resolutions of the Commission on Human Rights,
Recalling also the relevant resolutions of the Security
Council,
Taking into account the advisory opinion rendered on
9 July 2004 by the International Court of Justice on the Legal Consequences
of the Construction of a Wall in the Occupied Palestinian Territory,4
and recalling in this regard General Assembly resolution ES-10/15 of
20 July 2004,
Convinced that occupation itself represents a gross
and grave violation of human rights,
Gravely concerned about the continuation of the tragic
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,
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 Territories5 and the relevant
reports of the Secretary-General,6
Recalling the Declaration of Principles on Interim
Self-Government Arrangements of 13 September 19937 and the subsequent
implementation agreements between the Palestinian and Israeli sides,
Expressing the hope that the Israeli occupation will
be brought to an early end and that therefore the violation of the human
rights of the Palestinian people will cease, and recalling in this regard
its resolution 58/292 of 6 May 2004,
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. Reiterates its demand that Israel, the occupying
Power, cooperate with the Special Committee in implementing its mandate;
3. Deplores 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;5
4. Expresses grave concern about the continuing crisis
situation in the Occupied Palestinian Territory, including East Jerusalem,
since 28 September 2000, as a result of unlawful Israeli practices and
measures, and especially condemns the excessive and indiscriminate use
of force against the civilian population, including extrajudicial executions,
which has resulted in more than 3,400 Palestinian deaths, including
those of more than 750 children, and tens of thousands of injuries;
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
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 1949,1
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;
6. Also requests the Special Committee to submit regularly
to the Secretary- General periodic reports on the current situation
in the Occupied Palestinian Territory, including East Jerusalem;
7. Further requests the Special Committee to continue
to investigate the treatment of prisoners and detainees in the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories
occupied by Israel since 1967;
8. Requests the Secretary-General:
(a) To provide the Special Committee with all necessary
facilities, including those required for its visits to the occupied
territories, so that it may investigate Israeli policies and practices
referred to in the present resolution;
(b) To continue to make available such 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 sixtieth
session on the tasks entrusted to him in the present resolution;
9. Decides to include in the provisional agenda of
its sixtieth 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”.
71st plenary meeting
10 December 2004
Notes
1 United Nations, Treaty Series, vol. 75, No. 973.
2 Resolution 217 A (III).
3 Resolution 2200 A (XXI), annex.
4 See A/ES-10/273 and Corr.1.
5 See A/59/381.
6 A/59/338, A/59/339, A/59/343, A/59/344 and A/59/345.
7 A/48/486-S/26560, annex.
Sources: The United Nations |