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UN General Assembly Resolutions: Resolution 47/63

(December 11, 1992)

A

The General Assembly,

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

Taking note of the report of the Secretary-General of 25 November 1992,1/

Recalling Security Council resolution 497 (1981) of 17 December 1981,

Recalling its relevant resolutions, the last of which is 45/83 B of 13 December 1990,


Recalling also its resolution 3314 (XXIX) of 14 December 1974, in the annex to which it defined an act of aggression, inter alia, as "the invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof" and provided that "no consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression",

Reaffirming the fundamental principle of the inadmissibility of the acquisition of territory by force,

Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2/ to the occupied Syrian Golan and the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories,

Noting that Israel has refused, in violation of Article 25 of the Charter of the United Nations, to accept and carry out the numerous relevant resolutions of the Security Council, in particular resolution 497 (1981),

Deeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation since 1967, contrary to the relevant Security Council and General Assembly resolutions,

Taking note with satisfaction of the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, but regretting that the desired substantial results have not been achieved,

1. Declares that Israel has failed so far to comply with Security Council resolution 497 (1981) and the relevant resolutions of the General Assembly;

2. Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan is illegal and therefore null and void and has no validity whatsoever;

3. Declares that the Knesset decision of 11 November 1991 annexing the occupied Syrian Golan constitutes a grave violation of Security Council resolution 497 (1981) and therefore is null and void and has no validity whatsoever;

4. Declares all Israeli policies and practices of, or aimed at, annexation of the occupied Arab territories and the Palestinian territories occupied since 1967, including Jerusalem, and the occupied Syrian Golan to be illegal and in violation of international law and of the relevant United Nations resolutions;

5. Determines once more that all actions taken by Israel to give effect to its decisions relating to the occupied Syrian Golan are illegal and invalid and shall not be recognized;

6. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague Convention IV of 1907,3/ and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2/ continue to apply to the Syrian territory occupied by Israel since 1967, and calls upon the parties thereto to respect and ensure respect for their obligations under these instruments in all circumstances;

7. Determines once more that the continued occupation of the Syrian Golan since 1967 and its de facto annexation by Israel on 14 December 1981, following Israel's decision to impose its laws, jurisdiction and administration on that territory, constitute a continuing threat to peace and security in the region;

8. Firmly emphasizes once more its demand that Israel, the occupying Power, rescind forthwith its illegal decision of 14 December 1981 to impose its laws, jurisdiction and administration on the Syrian Golan, and its decision of 11 November 1991, which resulted in the effective annexation of that territory;

9. Demands once more that Israel withdraw from the occupied Syrian Golan in implementation of the relevant Security Council and General Assembly resolutions;

10. Calls upon the international community to urge Israel to withdraw from the occupied Syrian Golan and other occupied Arab territories for the establishment of a just, comprehensive and lasting peace in the region;

11. Requests the Secretary-General to report to the General Assembly at its forty-eighth session on the implementation of the present resolution.

B

The General Assembly,

Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990 and 46/82 B of 16 December 1991, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which had altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States that had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City,

Having considered the report of the Secretary-General of 25 November 1992,1/

1. Determines that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;

2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980), and their refusal to comply with the provisions of that resolution;

3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

4. Requests the Secretary-General to report to the General Assembly at its forty-eighth session on the implementation of the present resolution.

* * *


_____________

1/ Ibid., agenda item 76, document A/47/614, para. 12.

2/ Ibid., agenda item 77, document A/47/615, para. 5.

3/ Ibid., agenda item 78, document A/47/718/Add.4, para. 3.



RECORDED VOTE ON RESOLUTION 47/63 A: 73-3-70

In favour: Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Belize, Bhutan, Botswana, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Comoros, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Egypt, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kuwait, Lao People's Democratic Republic, Lebanon, Libya, Madagascar, Malaysia, Maldives, Mauritania, Mauritius, Mongolia, Morocco, Myanmar, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Philippines, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Sri Lanka, Sudan, Suriname, Syria, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Vanuatu, Viet Nam, Yemen, Zimbabwe.

Against: Federated States of Micronesia, Israel, United States.

Abstaining: Albania, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Benin, Brazil, Bulgaria, Canada, Chile, Colombia, Cote d'Ivoire, Croatia, Czechoslovakia, Denmark, Dominica, Ecuador, Estonia, Fiji, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Kazakhstan, Kenya, Kyrgyzstan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mexico, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Singapore, Slovenia, Spain, Swaziland, Sweden, Thailand, Ukraine, United Kingdom, Uruguay, Venezuela.

Absent: Angola, Armenia, Bolivia, Bosnia and Herzegovina, Cape Verde, Congo, Costa Rica, Dominican Republic, El Salvador, Equatorial Guinea, Georgia, Grenada, Guinea-Bissau, Liberia*, Malawi, Mali, Mozambique, Namibia, Papua New Guinea, Qatar, Saint Kitts and Nevis**, Sao Tome and Principe, Seychelles, Solomon Islands, Somalia, Tajikistan, Trinidad and Tobago*, Turkmenistan, Uzbekistan, Zaire, Zambia.

______________
*Later advised the Secretariat that it had intended to vote in favour.

**Later advised the Secretariat that it had intended to abstain.



RECORDED VOTE ON RESOLUTION 47/63 B: 140-1-5

In favour: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Cote d'Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Vietnam, Yemen, Zimbabwe.

Against: Israel.

Abstaining: Croatia, Federated States of Micronesia, Marshall Islands, Togo, United States.

Absent: Angola, Armenia, Bosnia and Herzegovina*, Congo, Costa Rica, Dominican Republic, El Salvador, Equatorial Guinea, Georgia, Grenada, Guinea-Bissau*, Kenya, Liberia*, Malawi, Mali, Mozambique, Namibia, Papua New Guinea, Qatar, Saint Kitts and Nevis**, Sao Tome and Principe*, Seychelles, Solomon Islands, Somalia, Tajikistan, Trinidad and Tobago*, Turkmenistan, Uzbekistan, Zaire, Zambia.

______________

*Later advised the Secretariat that it had intended to vote in favour.

**Later advised the Secretariat that it had intended to abstain.


Sources: The United Nations