United Nations General Assembly Resolution 31/106

December 16, 1976


A

The General Assembly

Guided by the principles of the Charter of the United Nations, in particular the principles of sovereignty and territorial integrity,

Bearing in mind the rules of international law concerning occupation, in particular the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1/

1. Strongly deplores the measures taken by Israel in the Arab territories occupied since 1967 that alter their demographic composition or geographical nature, and particularly the establishment of settlements;

2. Declares that such measures have no legal validity and cannot prejudice the outcome of the search for the establishment of peace, and considers that such measures constitute an obstacle to the achievement of a just and lasting peace in the area;

3. Declares further that all legislative and administrative measures taken by Israel, including the expropriation of land and properties thereon and the transfer of populations, which purport to change the legal status of Jerusalem are invalid and cannot change that status;

4. Urgently calls once more upon Israel to rescind all those measures and to desist forthwith from taking any further measures which tend to change the demographic composition, geographical nature or status of the occupied Arab territories or any part thereof, including Jerusalem.

B


The General Assembly,

Recalling its resolutions 3092 A (XXVIII) of 7 December 1973, 3240 B (XXIX) of 29 November 1974 and 3525 B (XXX) of 15 December 1975,

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,

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/

Noting that Israel and those Arab States whose territories have been occupied by Israel since June 1967 are parties to that Convention,

Taking into account that 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. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to all the Arab territories occupied by Israel since 1967, including Jerusalem;

2. Deplores the failure of Israel to acknowledge the applicability of that Convention to the territories it has occupied since 1967;

3. Calls again upon Israel to acknowledge and to comply with the provisions of that Convention in all the Arab territories it has occupied since 1967, including Jerusalem;

4. Urges once more all States parties to that Convention to exert all efforts in order to ensure respect for and compliance with the provisions thereof in all the Arab territories occupied by Israel since 1967, including Jerusalem

C


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 1949,3/ as well as of other relevant conventions and regulations,

Recalling its resolutions on the subject, as well as those adopted by the Security Council, the Commission on Human Rights and other United Nations bodies concerned and by specialized agencies,

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories,4/ which contains, inter alia, public statements made by leaders of the Government of Israel,

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 by Israel to allow the Special Committee access to the occupied territories;

3. Calls again upon Israel to allow the Special Committee access to the occupied territories;

4. Deplores the continued and persistent violation by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and other applicable international instruments;

5. Condemns, in particular, the following Israeli policies and practices:

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

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

(c) The evacuation, deportation, expulsion, displacement and transfer of Arab inhabitants of the occupied territories, and the denial of their right to return;

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

(e) The destruction and demolition of Arab houses;

(f) Mass arrests, administrative detention and ill-treatment of the Arab population;

(g) The ill-treatment of persons under detention;

(h) The pillaging of archaeological and cultural property;

(i) The interference with religious freedoms and practices, particularly as manifested most recently in Al-Khalil, as well as family rights and customs;

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

6. Reaffirms that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the occupied territories, or any part thereof, including Jerusalem, are null and void, and that Israel's policy of settling parts of its population and new immigrants in the occupied territories constitutes 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;

7. Demands that Israel desist forthwith from the policies and practices referred to in paragraphs 5 and 6 above;

8. Reiterates its call 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 those in the field of aid, which might be used by Israel in its pursuit of the policies of annexation and colonization or any of the other policies and practices referred to in the present resolution;

9. Requests the Special Committee, pending the early termination of the 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 the Israeli policies and practices referred to in the present resolution;

(b) To continue to make available additional staff as may be necessary to assist the Special Committee in the performance of its tasks;

(c) 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 and, where necessary, to reprint those reports of the Special Committee which are no longer available;

(d) To report to the General Assembly at its thirty-second session on the tasks entrusted to him in the present paragraph;

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

D

 


The General Assembly,

Recalling its resolutions 3240 C (XXIX) of 29 November 1974 and 3525 C (XXX) of 15 December 1975,

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories,5/ in particular section V thereof, entitled "Quneitra", and annex III thereof, a report entitled "Quneitra: report on nature, extent and value of damage", submitted by a Swiss expert engaged by the Special Committee,

1. Expresses its appreciation of the thoroughness and impartiality with which the expert engaged by the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories discharged the tasks entrusted to him;
2. Condemns the massive, deliberate destruction of Quneitra perpetrated during the Israeli occupation and prior to the withdrawal of Israeli forces from that city in 1974;

3. Recognizes that the Syrian Arab Republic is entitled to full and adequate compensation, under international law and in equity, for the massive damage and deliberate destruction perpetrated in Quneitra while it was under Israeli occupation, and to all other legal remedies in accordance with applicable international law and practice;

4. Takes note of the statements made by the representative of the Syrian Arab Republic before the Special Political Committee, to the effect that his Government reserves all rights to full compensation in regard to all damages resulting from Israel's deliberate destruction of Quneitra, including those not covered by the e%pert's above-mentioned report or not falling within the scope of his assignment;

5. Requests the Special Committee to complete its survey on all the aspects referred to in paragraph 4 above and to report thereon to the General Assembly at its thirty-second session;

6. Requests the Secretary-General to provide the Special Committee with all the facilities required for the completion of the tasks referred to in the previous paragraphs.


* * *

 


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

2/ Ibid.

3/ Ibid.

4/ A/31/218.

5/ Ibid.


Source: The United Nations.