Resolution 60/107
(December 8, 2005)
The General Assembly,
Recalling its relevant resolutions,
including resolution 59/124 of 10 December 2004, as
well as those adopted at its tenth emergency special
session,
Recalling also the relevant
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 Territories1 and the report of the Secretary-General,2
Taking note of the report
of the Human Rights Inquiry Commission established by
the Commission on Human Rights3 and the recent
reports 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
Recalling the advisory opinion
rendered on 9 July 2004 by the International Court of
Justice,5 and recalling also General Assembly
resolution ES-10/15 of 20 July 2004,
Noting in particular the Court's
reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied
Palestinian Territory, including in and around East
Jerusalem, and its associated regime are contrary to
international law,
Recalling the International
Covenant on Civil and Political Rights,6 the International Covenant on Economic, Social and Cultural
Rights and the Convention on the Rights of the Child7 and affirming that these human rights instruments must
be respected in the Occupied Palestinian Territory,
including East Jerusalem,
Aware of the responsibility
of the international community to promote human rights
and ensure respect for international law, and recalling
in this regard its resolution 2625 (XXV) of 24 October
1970,
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 1949,8 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
under articles 146, 147 and 148 with regard to penal
sanctions, grave breaches and responsibilities of the
High Contracting Parties,
Reaffirming that all States
have the right and the duty to take actions in conformity
with international law and international humanitarian
law to counter deadly acts of violence against their
civilian population in order to protect the lives of
their citizens,
Stressing the need for full
compliance with the Israeli-Palestinian agreements reached
within the context of the Middle East peace process,
including the Sharm El-Sheikh understandings, and the
implementation of the Quartet road map to a permanent
two-State solution to the Israeli-Palestinian conflict,9
Acknowledging the importance
of the Israeli withdrawal from within the Gaza Strip
and parts of the northern West Bank and of the dismantlement
of settlements therein as a step towards the implementation
of the road map,
Expressing grave concern about
the continuing systematic violation of the human rights
of the Palestinian people by Israel, the occupying Power,
including that arising from the excessive use of force,
the use of collective punishment, the reoccupation and
closure of areas, the confiscation of land, the establishment
and expansion of settlements, the construction of the
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 military actions that have been carried out
since 28 September 2000 and that have led to thousands
of deaths among Palestinian civilians, including hundreds
of children, and tens of thousands of injuries,
Expressing deep concern about
the continuing detrimental impact of the extensive destruction
caused by the Israeli occupying forces, including 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,
Expressing deep concern also
about the Israeli policy of closure and the severe restrictions,
including curfews, that continue to be 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 negative impact on the socio-economic
situation of the Palestinian people, which remains that
of a dire humanitarian crisis,
Concerned about the continued
establishment of checkpoints in the Occupied Palestinian
Territory, including East Jerusalem, and the transformation
of several of these checkpoints into structures akin
to permanent border crossings inside the Occupied Palestinian
Territory,
Expressing concern that thousands
of Palestinians continue to be held in Israeli prisons
or detention centres under harsh conditions that impair
their well-being, 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. Reiterates 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, 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 19498 and cease immediately
all measures and actions taken in violation and in breach
of the Convention, including all of its settlement activities
and the construction of the wall in the Occupied Palestinian
Territory, including in and around East Jerusalem, as
well as 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 the Israeli occupying forces against Palestinian
civilians, resulting in extensive loss of life, vast
numbers of injuries and massive destruction of homes,
properties, agricultural lands and vital infrastructure;
4. Expresses grave concern
at the use of suicide bombing attacks against Israeli
civilians resulting in extensive loss of life and injury;
5. 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;
6. 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;
7. Demands that Israel, the
occupying Power, cease all practices and actions which
violate the human rights of the Palestinian people,
and that it respect human rights law and comply with
its legal obligations in this regard;
8. Demands also that Israel,
the occupying Power, comply with its legal obligations
under international law, as mentioned in the advisory
opinion rendered on 9 July 2004 by the International
Court of Justice5 and as demanded in resolution ES-10/15
and resolution ES-10/13 of 21 October 2003, and that
it immediately cease the construction of the wall in
the Occupied Palestinian Territory, including in and
around East Jerusalem, dismantle forthwith the structure
situated therein, repeal or render ineffective all legislative
and regulatory acts relating thereto, and make reparation
for all damage caused by the construction of the wall;
9. Stresses the need for unity
and 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;
10. Stresses also the need
for the full implementation of the Sharm el-Sheikh understandings;
11. 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
1See A/60/380.
2A/60/295.
3E/CN.4/2001/121.
4E/CN.4/2005/29 and Add.1
and A/60/271.
5See A/ES-10/273 and Corr.1.
6See resolution 2200 A (XXI),
annex.
7United Nations, Treaty
Series, vol. 1577, No. 27531.
8Ibid, vol. 75, No. 973.
9S/2003/529, annex.
Sources: The United Nations |