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Resolution A/ES-10/L.18/Rev.1 <br>
July 21, 2004 <br>
By UN General Assembly <br><br>
General Assembly<br><br>
Distr. LIMITED <br>
A/ES-10/L.18/Rev.1 <br>
20 July 2004 <br>
ORIGINAL: English <br>
<br>
[Advance copy]<br>
Draft Resolution <br>
Agenda Item 5: Illegal Israeli actions in Occupied East Jerusalem <br>
and the rest of the Occupied Palestinian Territory <br>
Advisory Opinion of the International Court of Justice on the Legal
<br>
Consequences of the Construction of a Wall in the Occupied <br>
Palestinian Territory, including in and around East Jerusalem <br>
< General> <br>
Guided by the principles enshrined in the Charter of the United <br>
Nations, <br>
Considering that the promotion of respect for the obligations <br>
arising from the Charter of the United Nations and other instruments
<br>
and rules of international law is among the basic purposes and <br>
principles of the United Nations, <br><br>
Recalling General Assembly resolution 2625 (XXV) of 24 October 1970,
<br>
on the Declaration on Principles of International Law concerning <br>
Friendly Relations and Cooperation among States in accordance with <br>
the Charter of the United Nations, <br><br>
Reaffirming the illegality of any territorial acquisition resulting
<br>
from the threat or use of force, <br><br>
Recalling the Regulations annexed to the Hague Convention respecting
<br>
the Laws and Customs of War on Land, of 1907, <br><br>
Recalling also the Geneva Convention relative to the Protection of <br>
Civilian Persons in Time of War, of 12 August 1949, and relevant <br>
provisions of customary law, including those codified in Protocol 1
<br>
Additional to the four Geneva Conventions, <br><br>
Recalling further the International Covenant on Civil and Political
<br>
Rights, the International Covenant on Economic, Social and Cultural
<br>
Rights, and the Convention on the Rights of the Child, <br><br>
Reaffirming the permanent responsibility of the United Nations <br>
towards the question of Palestine until it is resolved in all <br>
aspects in a satisfactory matter on the basis of international <br>
legitimacy, <br><br>
Recalling also relevant Security Council resolutions including 242 <br>
(1967) of 22 November 1967, 338 (1973) of 22 October 1973, 446 <br>
(1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1
<br>
March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August <br>
1980, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996,
<br>
1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003, and <br>
1544 (2004) of 19 May 2004, <br><br>
Recalling its resolutions of the tenth emergency special session on
<br>
illegal Israeli actions in Occupied East Jerusalem and the rest of <br>
the Occupied Palestinian Territory, <br><br>
Reaffirming the most recent resolution of the fifty-eighth session <br>
of the General Assembly, 58/292 of 17 May 2004, on the Status of the
<br>
Occupied Palestinian Territory, including East Jerusalem, <br><br>
Reaffirming the right of the Palestinian people to self-<br>
determination, including their right to their independent State of <br>
Palestine, <br><br>
Reaffirming also the commitment to the two-State solution of Israel
<br>
and Palestine, living side by side in peace and security within <br>
recognized borders, based on the pre-1967 borders, <br>
Condemning all acts of violence, terrorism and destruction, <br><br>
Recalling its resolution ES-10/13 of 21 October 2003, in which it <br>
demanded that Israel stop and reverse the construction of the Wall <br>
in the Occupied Palestinian Territory, including in and around East
<br>
Jerusalem, <br><br>
Recalling also its resolution ES-10/14 of 8 December 2003, in which
<br>
the Assembly requested the International Court of Justice to <br>
urgently render an advisory opinion on the following question: <br>
What are the legal consequences arising from the construction of the
<br>
wall being built by Israel, the occupying Power, in the Occupied <br>
Palestinian Territory, including in and around East Jerusalem, as <br>
described in the report of the Secretary-General, considering the <br>
rules and principles of international law, including the Fourth <br>
Geneva Convention of 1949, and relevant Security Council and General
<br>
Assembly resolutions?, <br><br>
Having received with respect the advisory opinion of the <br>
International Court of Justice on the "Legal Consequences of the
<br>
Construction of a Wall in the Occupied Palestinian Territory",
<br>
rendered on 9 July 2004, <br><br>
Noting in particular that the Court replied to the question put <br>
forth by the General Assembly in resolution ES-10/14 as follows:
<br><br>
A. "The construction of the Wall being built by Israel, the <br>
occupying Power, in the Occupied Palestinian Territory, including in
<br>
and around East Jerusalem, and its associated regime, are contrary <br>
to international law; <br><br>
B. Israel is under an obligation to terminate its breaches of <br>
international law; it is under an obligation to cease forthwith the
<br>
works of construction of the Wall being built in the Occupied <br>
Palestinian Territory, including in and around East Jerusalem, to <br>
dismantle forthwith the structure therein situated, and to repeal or
<br>
render ineffective forthwith all legislative and regulatory acts <br>
relating thereto, in accordance with paragraph 151 of this Opinion;
<br><br>
C. Israel is under an obligation to make reparation for all damage <br>
caused by the construction of the Wall in the Occupied Palestinian <br>
Territory, including in and around East Jerusalem; <br><br>
D. All States are under an obligation not to recognize the illegal <br>
situation resulting from the construction of the Wall and not to <br>
render aid or assistance in maintaining the situation created by <br>
such construction; all States Parties to the Fourth Geneva <br>
Convention Relative to the Protection of Civilian Persons in Time of
<br>
War of 12 August 1949 have in addition the obligation, while <br>
respecting the United Nations Charter and international law, to <br>
ensure compliance by Israel with international humanitarian law as <br>
embodied in that Convention; <br><br>
E. The United Nations, and especially the General Assembly and the <br>
Security Council, should consider what further action is required to
<br>
bring to an end the illegal situation resulting from the <br>
construction of the wall and the associated regime, taking due <br>
account of the present Advisory Opinion."<br>
Noting that the Court concluded that "the Israeli settlements in the
<br>
Occupied Palestinian Territory (including East Jerusalem) have been
<br>
established in breach of international law", <br>
Noting also the statement made by the Court that "Israel and <br>
Palestine are under an obligation scrupulously to observe the rules
<br>
of international humanitarian law, one of the paramount purposes of
<br>
which is to protect civilian life", and that "in the Court's
view, <br>
this tragic situation can be brought to an end only through <br>
implementation in good faith of all relevant Security Council <br>
resolutions, in particular resolutions 242 (1967) and 338 (1973)",
<br>
Considering that respect for the International Court of Justice and
<br>
its functions is essential to the rule of law and reason in <br>
international affairs, <br><br>
1. Acknowledges the advisory opinion of the International Court of <br>
Justice of 9 July 2004 on the legal consequences of the construction
<br>
of a Wall in the Occupied Palestinian Territory, including in and <br>
around East Jerusalem; <br><br>
2. Demands that Israel, the occupying Power, comply with its legal <br>
obligations as identified in the advisory opinion; <br><br>
3. Demands that all Member States of the United Nations comply with
<br>
their legal obligations as identified in the advisory opinion; <br><br>
4. Requests the Secretary-General of the United Nations to establish
<br>
a register of damage caused to all the natural or legal persons <br>
concerned in connection with paragraphs 152 and 153 of the Advisory
<br>
Opinion; <br><br>
5. Decides to reconvene to assess the implementation of this <br>
resolution with the aim of ending the illegal situation resulting <br>
from the construction of the wall and its associated regime in the <br>
Occupied Palestinian Territory, including East Jerusalem; <br><br>
6. Calls on both the Government of Israel and the Palestinian <br>
Authority to immediately implement their obligations under the Road
<br>
Map in cooperation with the Quartet, endorsed by Security Council <br>
resolution 1515 (2003), to achieve the vision of two States living <br>
side by side in peace and security, and emphasizes that both Israel
<br>
and the Palestinian Authority are under an obligation scrupulously <br>
to observe the rules of international humanitarian law; <br><br>
7. Calls upon all States Parties to the Fourth Geneva Convention of
<br>
1949 to ensure compliance by Israel with the Convention, and invites
<br>
Switzerland, in its capacity as the depositary of the Geneva <br>
Conventions, to conduct consultations and to report to the General <br>
Assembly on the matter, including with regard to the possibility of
<br>
resuming the Conference of High Contracting Parties to the Fourth <br>
Geneva Convention; <br><br>
8. Decides to adjourn the tenth emergency special session <br>
temporarily and to authorize the President of the General Assembly <br>
at its most recent session to resume its meeting upon request from <br>
Member States. <br><br>
Source: UNISPAL <br><br>
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