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UNITED |
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General
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A/ES-10/L.18/Rev.1 |
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Tenth emergency
special session |
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Algeria, Bahrain, Bangladesh, Belize, Brunei
Darussalam, Comoros, Cuba, Djibouti, Egypt, Guinea, Indonesia, Iraq, Jordan,
Kuwait, Lebanon, Libyan Arab Jamahiriya, Malaysia, Mauritania, Morocco,
Namibia, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, Somalia, South Africa,
Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates, Yemen and Palestine:
revised
draft resolution
Advisory Opinion of the International Court of
Justice on the Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territory, including in and around East Jerusalem
The General Assembly,
Guided by the principles enshrined in the Charter of
the United Nations,
Considering that the promotion of respect
for the obligations arising from the Charter and other instruments and rules of
international law is among the basic purposes and principles of the United
Nations,
Recalling General Assembly resolution
2625 (XXV) of 24 October 1970, on the Declaration on Principles of
International Law concerning Friendly Relations and Cooperation among States in
accordance with the Charter of the United Nations,
Reaffirming the illegality of any
territorial acquisition resulting from the threat or use of force,
Recalling the Regulations annexed to
the Hague Convention respecting the Laws and Customs of War on Land, of 1907, 1/
Recalling also the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August
1949,2/ and
relevant provisions of customary law, including those codified in Protocol I
Additional to the Geneva Conventions, 3/
Recalling further the International Covenant on
Civil and Political Rights, 4/ the
International Covenant on Economic, Social and Cultural Rights4 and the
Convention on the Rights of the Child, 5/
Reaffirming the permanent responsibility
of the United Nations towards the question of
Recalling relevant Security Council
resolutions, including resolutions 242 (1967) of 22 November 1967, 338 (1973)
of 22 October 1973, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979,
465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August
1980, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996, 1397
(2002) of 12 March 2002, 1515 (2003) of 19 November 2003 and 1544 (2004) of 19
May 2004,
Recalling also the resolutions of its tenth
emergency special session on illegal Israeli actions in Occupied East Jerusalem
and the rest of the
Reaffirming the most recent resolution of
the fifty-eighth session of the General Assembly, resolution 58/292 of
Reaffirming also the right of the Palestinian
people to self-determination, including their right to their independent State
of Palestine,
Reaffirming further the commitment
to the two-State solution of
Condemning all acts of violence,
terrorism and destruction,
Calling upon both parties to fulfil their
obligations under relevant provisions of the road map, the Palestinian
Authority to undertake visible efforts on the ground to arrest, disrupt and
restrain individuals and groups conducting and planning violent attacks and the
Government of Israel to take no actions undermining trust, including
deportations and attacks on civilians and extrajudicial killings,
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,
Recalling its resolution ES-10/13 of
Recalling also its resolution ES-10/14 of
"What are the legal consequences arising from the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian
Territory, including in and around East Jerusalem, as described in the report
of the Secretary-General, considering the rules and principles of international
law, including the Fourth Geneva Convention, of 1949, and relevant Security
Council and General Assembly resolutions?"
Having received with respect the Advisory Opinion of the International
Court of Justice on the Legal Consequences of the Construction of a Wall in
the Occupied Palestinian Territory,6/ rendered on
Noting in particular that the Court replied
to the question put forth by the General Assembly in its resolution ES-10/14 as
follows: 7/
"A. The construction of the wall being built by
"B. Israel is under an obligation to terminate its breaches of
international law; it is under an obligation to cease forthwith the works of
construction of the wall being built in the Occupied Palestinian Territory, including
in and around East Jerusalem, to dismantle forthwith the structure therein
situated, and to repeal or render ineffective forthwith all legislative and
regulatory acts relating thereto, in accordance with paragraph 151 of this
Opinion;
"C. Israel is under an obligation to make reparation for all damage
caused by the construction of the wall in the
"D. All States are under an obligation not to recognize the illegal
situation resulting from the construction of the wall and not to render aid or
assistance in maintaining the situation created by such construction; all
States Parties to the Fourth Geneva Convention Relative to the Protection of
Civilian Persons in Time of War of 12 August 1949 have in addition the
obligation, while respecting the United Nations Charter and international law,
to ensure compliance by Israel with international humanitarian law as embodied
in that Convention;
"E. The United Nations, and especially the General Assembly and the
Security Council, should consider what further action is required to bring to
an end the illegal situation resulting from the construction of the wall and
the associated regime, taking due account of the present Advisory Opinion."
Noting that the Court concluded that "the Israeli
settlements in the Occupied Palestinian Territory (including East Jerusalem)
have been established in breach of international law", 8/
Noting also the statement made by the
Court that "Israel and Palestine are under an obligation scrupulously to
observe the rules of international humanitarian law, one of the paramount
purposes of which is to protect civilian life", 9/ and that "in the Court's view, this tragic
situation can be brought to an end only through implementation in good faith of
all relevant Security Council resolutions, in particular resolutions 242 (1967)
and 338 (1973)",9/
Considering that respect for the
International Court of Justice and its functions is essential to the rule of
law and reason in international affairs,
1. Acknowledges the Advisory Opinion of the International Court
of Justice of
2. Demands that
3. Calls upon all States Members of the United Nations to comply
with their legal obligations as mentioned in the Advisory Opinion;
4. Requests the Secretary-General to establish a register of
damage caused to all natural or legal persons concerned in connection with
paragraphs 152 and 153 of the Advisory Opinion;
5. Decides to reconvene to assess the implementation of the
present resolution, with the aim of ending the illegal situation resulting from
the construction of the wall and its associated regime in the
6. Calls on both the Government of Israel and the Palestinian
Authority to immediately implement their obligations under the road map, in
cooperation with the Quartet, as endorsed by Security Council resolution 1515
(2003), to achieve the vision of two States living side by side in peace and
security, and emphasizes that both Israel and the Palestinian Authority are
under an obligation scrupulously to observe the rules of international
humanitarian law;
7. Calls upon all States Parties to the Fourth Geneva Convention
of 1949 2/ to ensure respect by Israel for the Convention, and invites
Switzerland, in its capacity as the depositary of the Geneva Conventions, to
conduct consultations and to report to the General Assembly on the matter,
including with regard to the possibility of resuming the Conference of High
Contracting Parties to the Fourth Geneva Convention;
8. Decides to adjourn the tenth emergency special session
temporarily and to authorize the President of the General Assembly at its most
recent session to resume its meeting upon request from Member States.
---
1/ See Carnegie Endowment for International Peace,
1/ United Nations,
Treat y Series, vol. 75, No. 973.
3/ Ibid., vol. 1125, No. 17512.
4/ See resolution
2200 A (XXI), annex.
5/ Resolution
44/25, annex.
6/ A/ES-10/273 and
Corr.1
7/ Ibid., para. 163.
8/ Ibid., para. 120.
9/ Ibid., para. 162.