Resolution 60/106
(December 8, 2005)
The General Assembly,
Guided by the principles of
the Charter of the United Nations, and affirming the
inadmissibility of the acquisition of territory by force,
Recalling its relevant resolutions,
including resolution 59/123 of 10 December 2004, as
well as those resolutions adopted at its tenth emergency
special session,
Recalling also relevant Security
Council resolutions, including resolutions 242 (1967)
of 22 November 1967, 446 (1979) of 22 March 1979, 465
(1980) of 1 March 1980, 476 (1980) of 30 June 1980,
478 (1980) of 20 August 1980, 497 (1981) of 17 December
1981 and 904 (1994) of 18 March 1994,
Reaffirming the applicability
of the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied Palestinian Territory, including East
Jerusalem, and to the occupied Syrian Golan,
Considering that the transfer
by the occupying Power of parts of its own civilian
population into the territory it occupies constitutes
a breach of the Fourth Geneva Convention and relevant
provisions of customary law, including those codified
in Additional Protocol I2 to the Geneva Conventions,3
Recalling 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 also General Assembly resolution ES-10/15
of 20 July 2004,
Noting that the International
Court of Justice concluded that "the Israeli settlements
in the Occupied Palestinian Territory (including East
Jerusalem) have been established in breach of international
law",5
Taking note of the recent
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 1967,6
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,
Recalling also the Quartet
road map to a permanent two-State solution to the Israeli-Palestinian
conflict,8 and noting specifically its call
for a freeze on all settlement activity,
Aware that Israeli settlement
activities have involved, inter alia, the transfer of
nationals of the occupying Power into the occupied territories,
the confiscation of land, the exploitation of natural
resources and other illegal actions against the Palestinian
civilian population,
Bearing in mind the detrimental
impact of Israeli settlement policies, decisions and
activities on efforts to achieve peace in the Middle
East,
Expressing grave concern about
the continuation by Israel, the occupying Power, of
settlement activities, in violation of international
humanitarian law, relevant United Nations resolutions
and the agreements reached between the parties, including
the construction and expansion of the settlements in
Jabal Abu-Ghneim and Ras Al-Amud in and around Occupied
East Jerusalem and the so-called E-1 plan, aimed at
connecting its illegal settlements around and further
isolating Occupied East Jerusalem,
Expressing grave concern also
about the continuing unlawful construction by Israel
of the wall inside the Occupied Palestinian Territory,
including in and around East Jerusalem, and expressing
its concern in particular about the route of the wall
in departure from the Armistice Line of 1949, which
could prejudge future negotiations and make the two-State
solution physically impossible to implement and which
is causing the Palestinian people further humanitarian
hardship,
Deeply concerned that the wall's route has been traced in such a way
as to include the great majority of the Israeli settlements
in the Occupied Palestinian Territory, including East
Jerusalem,
Reiterating its opposition
to settlement activities in the Occupied Palestinian
Territory, including East Jerusalem, and to any activities
involving the confiscation of land, the disruption of
the livelihood of protected persons and the de facto
annexation of land,
Recalling the need to end
all acts of violence, including acts of terror, provocation,
incitement and destruction,
Gravely concerned about the dangerous situation resulting from actions
taken by the illegal armed Israeli settlers in the occupied
territory,
Acknowledging the importance
of the Israeli withdrawal from within the Gaza Strip
and parts of the northern West Bank and of the dismantlement
of the settlements therein as a step towards the implementation
of the road map,
Taking note of the relevant
reports of the Secretary-General,9
1. Reaffirms that Israeli
settlements in the Palestinian territory, including
East Jerusalem, and in the occupied Syrian Golan are
illegal and an obstacle to peace and economic and social
development;
2. Calls upon Israel to accept
the de jure 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 East Jerusalem, and to the occupied Syrian
Golan and to abide scrupulously by the provisions of
the Convention, in particular article 49;
3. Welcomes the Israeli withdrawal
from within the Gaza Strip and parts of the northern
West Bank and the dismantlement of the settlements therein
as a step towards the implementation of the road map;
4. Calls upon Israel, the
occupying Power, in this regard, to comply strictly
with its obligations under international law, including
international humanitarian law, with respect to the
alteration of the character and status of the Occupied
Palestinian Territory, including East Jerusalem;
5. Emphasizes the need for
the parties to speedily resolve all remaining issues
in the Gaza Strip, including the removal of rubble;
6. Reiterates its demand for
the immediate and complete cessation of all Israeli
settlement activities in all of the Occupied Palestinian
Territory, including East Jerusalem, and in the occupied
Syrian Golan, and calls for the full implementation
of the relevant resolutions of the Security Council;
7. Demands that Israel, the
occupying Power, comply with its legal obligations,
as mentioned in the advisory opinion rendered on 9 July
2004 by the International Court of Justice;
8. Stresses the need for full
implementation of Security Council resolution 904 (1994),
in which, among other things, the Council called upon
Israel, the occupying Power, to continue to take and
implement measures, including confiscation of arms,
with the aim of preventing illegal acts of violence
by Israeli settlers, and called for measures to be taken
to guarantee the safety and protection of the Palestinian
civilians in the occupied territory;
9. Reiterates its calls for
the prevention of all acts of violence by Israeli settlers,
especially against Palestinian civilians and properties,
particularly in the light of recent developments;
10. Requests the Secretary-General
to report to the General Assembly at its sixty-first
session on the implementation of the present resolution.
62nd plenary meeting
8 December 2005
Notes
1United Nations, Treaty
Series, vol. 75, No. 973.
2Ibid., vol. 1125, No.
17512.
3Ibid., vol. 75, Nos. 970-973.
4See A/ES-10/273 and Corr.1.
5Ibid., advisory opinion,
para. 120.
6See A/60/271.
7A/48/486-S/26560, annex.
8S/2003/529, annex.
9A/60/294-298 and A/60/380.
Sources: The United Nations |