[News] Resolution by UN General Assembly of 7/21/04

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Resolution A/ES-10/L.18/Rev.1
July 21, 2004
By UN General Assembly

General Assembly

Distr. LIMITED
A/ES-10/L.18/Rev.1
20 July 2004
ORIGINAL: English

[Advance copy]
Draft Resolution
Agenda Item 5: Illegal Israeli actions in Occupied East Jerusalem
and the rest of the Occupied Palestinian Territory
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
< General>
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 of the United Nations 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,

Recalling also the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, and relevant
provisions of customary law, including those codified in Protocol 1
Additional to the four Geneva Conventions,

Recalling further the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural
Rights, and the Convention on the Rights of the Child,

Reaffirming the permanent responsibility of the United Nations
towards the question of Palestine until it is resolved in all
aspects in a satisfactory matter on the basis of international
legitimacy,

Recalling also relevant Security Council resolutions including 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 its resolutions of the tenth emergency special session on
illegal Israeli actions in Occupied East Jerusalem and the rest of
the Occupied Palestinian Territory,

Reaffirming the most recent resolution of the fifty-eighth session
of the General Assembly, 58/292 of 17 May 2004, on the Status of the
Occupied Palestinian Territory, including East Jerusalem,

Reaffirming the right of the Palestinian people to self-
determination, including their right to their independent State of
Palestine,

Reaffirming also the commitment to the two-State solution of Israel
and Palestine, living side by side in peace and security within
recognized borders, based on the pre-1967 borders,
Condemning all acts of violence, terrorism and destruction,

Recalling its resolution ES-10/13 of 21 October 2003, in which it
demanded that Israel stop and reverse the construction of the Wall
in the Occupied Palestinian Territory, including in and around East
Jerusalem,

Recalling also its resolution ES-10/14 of 8 December 2003, in which
the Assembly requested the International Court of Justice to
urgently render an advisory opinion on the following question:
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",
rendered on 9 July 2004,

Noting in particular that the Court replied to the question put
forth by the General Assembly in resolution ES-10/14 as follows:

A. "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;

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 Occupied Palestinian
Territory, including in and around East Jerusalem;

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",
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", 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)",
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 9 July 2004 on the legal consequences of the construction
of a Wall in the Occupied Palestinian Territory, including in and
around East Jerusalem;

2. Demands that Israel, the occupying Power, comply with its legal
obligations as identified in the advisory opinion;

3. Demands that all Member States of the United Nations comply with
their legal obligations as identified in the advisory opinion;

4. Requests the Secretary-General of the United Nations to establish
a register of damage caused to all the 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 this
resolution with the aim of ending the illegal situation resulting
from the construction of the wall and its associated regime in the
Occupied Palestinian Territory, including East Jerusalem;

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, 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 to ensure compliance by Israel with 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.

Source: UNISPAL


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