United Nations General Assembly Resolution 3092

December 7, 1973


A

The General Assembly

Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1/

Recalling that Israel and the Arab States, some of whose territories have been occupied by Israel since 1967, are parties to that Convention,

Bearing in mind that the promotion of respect for the obligations arising from treaties and other sources of international law is one of the basic objectives of the United Nations,

Bearing in mind, furthermore, that the States parties to that Convention undertake, in accordance with article 1 thereof, not only to respect but also to ensure respect for the Convention in all circumstances,

1. Affirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, applies to the Arab territories occupied by Israel since 1967;

2. Calls upon the Israeli occupation authorities to respect and comply with the provisions of that Convention in the occupied Arab territories;

3. Urges all States parties to that Convention to endeavour to ensure respect for and compliance with the provisions thereof in the occupied Arab territories.

B

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations as well as the principles and provisions of the Universal Declaration of Human Rights,

Bearing in mind the provisions of the Geneva Convention relative to the Protection of Civilian persons in Time of War, of 12 August 1949,2/ as well as those of other relevant conventions and regulations,

Recalling its resolutions as well as those resolutions adopted by the Security Council, the Commission on Human Rights and other United Nations bodies and by specialized agencies on the question of Israeli policies and practices affecting the human rights of the population of the Arab territories occupied by Israel since 1967,

Considering that implementation of the Geneva Convention of 12 August 1949 cannot and should not be left open in a situation involving foreign military occupation and the rights of the civilian population of these territories under the provisions of that Convention and in accordance with the principles of international law,

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories,3/

1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly;

2. Deplores the continued refusal of the Government of Israel to allow the Special Committee access to the occupied territories;

3. Expresses its grave concern at the violation by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, as well as the other applicable international conventions and resolutions, in particular the following violations:

(a) The annexation of certain parts of the occupied territories;

(b) The establishment of Israeli settlements in the occupied territories and the transfer of an alien population thereto;

(c) The destruction and demolition of Arab houses, quarters, villages and towns;

(d) The confiscation and expropriation of Arab property in the occupied territories and all other transactions for the acquisition of land between the Government of Israel, Israeli institutions and Israeli nationals on the one hand, and the inhabitants or institutions of the occupied territories on the other;

(e) The evacuation, deportation, expulsion, displacement and transfer of the Arab inhabitants of the Arab territories occupied by Israel since 1967, and the denial of their right to return to their homes and property;

(f) Administrative detention and ill-treatment inflicted on the Arab inhabitants;

(g) The pillaging of archaeological and cultural property in the occupied territories;

(h) The interference with religious freedom, religious practices and family rights and customs;

(i) The illegal exploitation of the natural wealth resources and population of the occupied territories;

4. Calls upon Israel to desist immediately from the annexation and colonization of the Arab territories occupied by it since 1967, the establishment of settlements and the transfer of population to, from or within those territories, and from all the other practices referred to in paragraph 3 above;

5. Declares that Israel's policy of annexation, establishment of settlements and transfer of an alien population to the occupied territories in contravention of the purposes and principles of the Charter of the United Nations, the principles and provisions of the applicable international law concerning occupation, the principles of sovereignty and territorial integrity, and the basic human rights and fundamental freedoms of the people, and is as well an impediment to the establishment of a just and lasting peace;

6. Reaffirms that Israel's policy of settling parts of its population and new immigrants in the occupied territories is a flagrant violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, and of the relevant United Nations resolutions, and urges all States to refrain from any action which Israel will exploit in carrying out its policy of colonizing the occupied territories;

7. Reaffirms that all measures taken by Israel to change the physical character, demographic composition, institutional structure or the status of the occupied territories, or any part thereof, are null and void;

8. Calls upon all States, international organizations and specialized agencies not to recognize any changes carried out by Israel in the occupied territories and to avoid actions, including actions in the field of aid, which might be used by Israel in its pursuit of the policies and practices referred to in the present resolution;

9. Requests the Special Committee, pending the early termination of Israeli occupation, to continue to investigate Israeli policies and practices in the Arab territories occupied by Israel since 1967, to consult, as appropriate, with the International Committee of the red Cross in order to ensure the safeguarding of the welfare and human rights of the population of the occupied territories, and to report to the Secretary-General as soon as possible and whenever the need arises thereafter;

10. Requests the Secretary-General:

(a) To render all necessary facilities to the Special Committee, including those required for its visits to the occupied territories with a view to investigating Israeli policies and practices affecting the human rights of the population of those territories;

(b) To ensure the widest circulation of the reports of the Special Committee and of information regarding its activities and findings, by all means available through the Office of Public Information of the Secretariat;

(c) To report to the General Assembly at its twenty-ninth session on the tasks entrusted to him;

1. Decides to include in the provisional agenda of its twenty-ninth session the item entitled "Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories".

___________________

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

2/ Ibid.

3/ A/9148 and Add.1.


Source: The United Nations.