UN General Assembly Resolutions: Resolution 38/85

The General Assembly,

Recalling its resolutions 36/150 of 16 December 1981 and 37/122 of 16 December 1982,

Recalling the rules and principles of international law relative to the fundamental rights and duties of States,

Bearing in mind the principles of international law relative to belligerent occupation of land, including the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1/ and reaffirming their applicability to all Arab territories occupied since 1967, including Jerusalem,

Taking note of the report of the Secretary-General,2/

Recognizing that the proposed canal, to be constructed partly through the Gaza Strip, a Palestinian territory occupied in 1967, would violate the principles of international law and affect the interests of the Palestinian people,

Confident that the canal linking the Mediterranean Sea with the Dead Sea, if constructed by Israel, will cause direct, serious and irreparable damage to Jordan's rights and legitimate and vital interests in the economic, agricultural, demographic and ecological fields,

Noting with regret the non-compliance by Israel with General Assembly resolution 36/150,

1. Deplores Israel's non-compliance with General Assembly resolution 37/122 and its refusal to receive the team of experts;

2. Emphasizes that the canal linking the Mediterranean Sea with the Dead Sea, if constructed, is a violation of the rules and principles of international law, especially those relating to the fundamental rights and duties of States and to belligerent occupation of land;

3. Demands that Israel not construct this canal and cease forthwith all actions taken and/or plans made towards the implementation of this project;

4. Calls upon all States, specialized agencies and governmental and non-governmental organizations not to assist, directly or indirectly, in the preparation and execution of this project and strongly urges national, international and multinational corporations to do likewise;

5. Requests the Secretary-General to monitor and assess, on a continuing basis and through a competent expert organ, all aspects -juridical, political, economic, ecological and demographic - of the adverse effects on Jordan and on the Arab territories occupied since 1967, including Jerusalem, arising from the implementation of the Israeli decision to construct this canal and to forward the findings of that organ on a regular basis to the General Assembly;

6. Requests the Secretary-General to report to the General Assembly at its thirty-ninth session on the implementation of the present resolution;

7. Decides to include in the provisional agenda of its thirty-ninth session the item entitled "Israel's decision to build a canal linking the Mediterranean Sea to the Dead Sea".

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1/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.

2/ A/38/502 and Add.1 and 2.

Sources: The United Nations