United Nations General Assembly Resolution 36/226

December 17, 1981


A

The General Assembly,

Having discussed the item entitled "The situation in the Middle East",

Taking note of the report of the Secretary-General dated 11 November 1981,

Welcoming the world-wide support extended to the just cause of the Palestinian people and the other Arab countries in their struggle against Israeli aggression and occupation in order to achieve a comprehensive, just and lasting peace in the Middle East and the full exercise by the Palestinian people of its inalienable national rights, as affirmed by previous resolutions of the General Assembly relating to the question of Palestine and the situation in the Middle East,

Gravely concerned that the Arab and Palestinian territories occupied since 1967, including Jerusalem, still remain under Israeli occupation, that the relevant resolutions of the United Nations have not been implemented and that the Palestinian people is still denied the restoration of its land and the exercise of its inalienable national rights in conformity with international law, as reaffirmed by resolutions of the United Nations,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to all the occupied Palestinian and other Arab territories, including Jerusalem,

Reiterates all relevant United Nations resolutions which emphasize that the acquisition of territory by force is inadmissible under the Charter of the United Nations and the principles of international law and that Israel must withdraw unconditionally from all the occupied Palestinian and other Arab territories, including Jerusalem,

Reaffirming further the imperative necessity of establishing a comprehensive, just and lasting peace in the region, based on the full respect for the Charter and the principles of international law,

Gravely concerned also at recent Israeli actions involving the escalation and expansion of the conflict in the region, which further violate the principles of international law and endanger international peace and security,

1. Condemns Israel's continued occupation of the Palestinian and other Arab territories, including Jerusalem, in violation of the Charter of the United Nations, the principles of international law and the relevant resolutions of the United Nations, and demands the immediate, unconditional and total withdrawal of Israel from all these occupied territories;

2. Reaffirms its conviction that the question of Palestine is the core of the conflict in the Middle East and that no comprehensive, just and lasting peace in the region will be achieved without the full exercise by the Palestinian people of its inalienable national rights;

3. Reaffirms further that a just and comprehensive settlement of the situation in the Middle East cannot be achieved without the participation on an equal footing of all the parties to the conflict, including the Palestine Liberation Organization as the representative of the Palestinian people;

4. Declares once more that peace in the Middle East is indivisible and must be based on a comprehensive, just and lasting solution of the Middle East problem, under the auspices of the United Nations, which ensures the complete and unconditional withdrawal of Israel from the Palestinian and other Arab territories occupied since 1967, including Jerusalem, and which enables the Palestinian people, under the leadership of the Palestine Liberation Organization, to exercise its inalienable rights, including the right to return and the right to self-determination, national independence and the establishment of its independent sovereign State in Palestine in accordance with the resolutions of the United Nations relevant to the question of Palestine, in particular General Assembly resolutions ES-7/2 of 29 July 1980 and 36/120 A to F of 10 December 1981;

5. Rejects all partial agreements and separate treaties in so far as they violate the recognized rights of the Palestinian people and contradict the principles of just and comprehensive solutions to the Middle East problem to ensure the establishment of a just peace in the area;

6. Deplores Israel's failure to comply with Security Council resolutions 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980 and General Assembly A/RES/35/207 of 16 December 1980, determines that Israel's decision to annex Jerusalem and to declare it as its "capital", as well as the measures to alter its physical character, demographic composition, institutional structure and status, are null and void and demands that they be rescinded immediately, and calls upon all Member States, specialized agencies and all other international organizations to abide by the present resolution and all other relevant resolutions, including General Assembly resolution 36/120 E;

7. Condemns Israel's aggression and practices against the Palestinian people in the occupied Palestinian territories and outside these territories, particularly in the Palestinian refugee camps in Lebanon, including the expropriation and annexation of territory, the establishment of settlements, assassination attempts and other terrorist, aggressive and repressive measures, which are in violation of the Charter and the principles of international law and the pertinent international conventions;

8. Strongly condemns Israeli annexationist policies and practices in the occupied Syrian Golan Heights, the establishment of settlements, the confiscation of lands, the diversion of water resources, the intensification of repressive measures against the Syrian citizens therein and the forcible imposition of the Israeli citizenship on Syrian nationals, and declares all these measures as null and void as they constitute violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

9. Strongly condemns the Israeli aggression against Lebanon and the continuous bombardment and destruction of its cities and villages, and all acts that constitute a violation of its sovereignty, independence and territorial integrity and the security of its people, and prevent the full implementation of Security Council resolution 425 (1978) of 19 March 1978, including the full deployment of the United Nations Interim Force in Lebanon up to the internationally recognized borders;

10. Calls for strict respect of the territorial integrity, sovereignty and political independence of Lebanon, and supports the efforts of the Lebanese Government, with regional and international endorsement, to restore the exclusive authority of the Lebanese State over all of its territory up to the internationally recognized boundaries;

11. Deplores Israeli violations of the air space of various Arab countries and demands their immediate cessation;

12. Considers that the agreements on strategic co-operation between the United States of America and Israel signed on 30 November 1981 would encourage Israel to pursue its aggressive and expansionist policies and practices in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, and would have adverse effects on efforts for the establishment of a comprehensive, just and lasting peace in the Middle East and would threaten the security of the region;

13. Calls upon all States to put an end to the flow to Israel of any military, economic and financial resources, which would encourage it to pursue its aggressive policies against the Arab countries and the Palestinian people;

14. Requests the Secretary-General to report to the Security Council periodically on the development of the situation and to submit to the General Assembly at its thirty-seventh session a comprehensive report covering the developments in the Middle East in all their aspects.

B

The General Assembly,

Gravely alarmed by Israel's decision of 14 December 1981 to apply Israeli law to the occupied Syrian Arab Golan Heights,

Reaffirming that acquisition of territory by force is inadmissible under the Charter of the United Nations, the principle of international law and relevant United Nations resolutions,

Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Syrian territory,

Recalling its resolutions 35/122 A to F of 11 December 1980,

1. Declares that Israel's decision to apply Israeli law to the occupied Syrian Arab Golan Heights is null and void and has no legal validity whatsoever;

2. Determines that the provisions of the Geneva Convention of 12 August 1949 continue to apply to the Syrian territory occupied by Israel since 1967;

3. Strongly deplores the persistence of Israeli policy of annexation, which escalates tension in the region;

4. Demands that Israel, the occupying Power, rescinds forthwith its decision and all administrative and other measures relating to it, which constitute a flagrant violation of all relevant principles of international law;

5. Calls upon all States, specialized agencies and other international institutions not to recognize that decision;

6. Requests the Security Council, in the event of Israel's failure to implement the present resolution, to invoke Chapter VII of the Charter of the United Nations;

7. Requests the Secretary-General to report to the General Assembly and the Security Council on the implementation of the present resolution.

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Source: The United Nations.