United Nations General Assembly Resolution ES-107
(October 20, 2000)
On 20 October, the United Nations General Assembly adopted a resolution which condemned Israel for excessive use of force, called for an immediate end to the violence and supported the creation of a mechanism of inquiry. It also called for the resumption of the peace talks. The resolution was adopted by 92 in favor, 6 against, with 46 abstentions. Israel adamantly rejected this resolution, which it considered one-sided, and ignored the responsibility of the Palestinian Authority in planning and instigating the violence. Text of the resolution and Israel's reaction follow:
The General Assembly,
Reaffirming the resolutions of its tenth emergency special session and the necessity of full implementation of those resolutions,
Welcoming the adoption by the Security Council of resolution 1322 (2000) of 7 October 2000, and stressing the urgent need for full compliance with the resolution,
Expressing its deep concern over the provocative visit to al-Haram al-Sharif on 28 September 2000, and the tragic events that followed in Occupied East Jerusalem and other places in the Occupied Palestinian Territory, which resulted in a high number of deaths and injuries mostly among Palestinian civilians,
Expressing its deep concern also over the clashes between the Israeli army and the Palestinian police and the casualties on both sides,
Reaffirming that a just and lasting solution to the Arab-Israeli conflict must be based on Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, through an active negotiation process which takes into account the right of security for all States in the region, as well as the legitimate rights of the Palestinian people, including their right to self-determination,
Expressing its support for the Middle East peace process and the efforts to reach a final settlement between the Israeli and the Palestinian sides and urging the two sides to cooperate in these efforts,
Reaffirming the need for full respect by all for the Holy Places of Occupied East Jerusalem, and condemning any behavior to the contrary,
Reaffirming also the need for the full respect by all for the Holy places in the rest of the Occupied Palestinian Territory, as well as in Israel, and condemning any behavior to the contrary,
Determined to uphold the purposes and principles embodied in the Charter of the United Nations, international humanitarian law, and all other instruments of international law, as well as relevant resolutions of the General Assembly and Security Council,
Reiterating the permanent responsibility of the United Nations for the question of Palestine until it is solved in all its aspects,
Conscious of the serious dangers arising from persistent violations and grave breaches of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and the responsibility arising therefrom,
Stressing the urgent need for providing protection for the Palestinian civilians in the Occupied Palestinian Territory,
Noting the convening on 15 July 1999 for the first time of a Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including Jerusalem, at the United Nations Office at Geneva, and welcoming also the statement adopted by the participating High Contracting Parties,
1. Condemns the violence that took place on 28 September 2000 and the following days at al-Haram al-Sharif and other Holy Places in Jerusalem as well as other areas in the Occupied Palestinian Territory, resulting in the deaths of over 100 people, the vast majority of whom were Palestinian civilians, and many other casualties;
2. Condemns also acts of violence, especially the excessive use of force by the Israeli forces against Palestinian civilians;
3. Expresses support for the understandings reached at the summit convened at Sharm el-Sheikh, Egypt, and urges all parties concerned to implement these understandings honestly and without delay;
4. Demands the immediate cessation of violence and the use of force, calls upon the parties to act immediately to reverse all measures taken in this regard since 28 September 2000 and acknowledges that necessary steps have been taken by the parties in this direction since the summit of Sharm el-Sheikh;
5. Reiterates that Israeli settlements in the Occupied Palestinian Territory, including Jerusalem, are illegal and are an obstacle to peace, and calls for the prevention of illegal acts of violence by Israeli settlers;
6. Demands that Israel, the occupying Power, abide scrupulously by its legal obligations and its responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to all territories occupied by Israel since 1967;
7. Strongly supports the establishment of a mechanism of inquiry into the recent tragic events, with the aim of establishing all the precise facts and preventing the repetition of these events, and in this regard the understanding reached at Sharm el-Sheikh on a committee of fact-finding, and calls for its establishment without delay;
8. Supports the efforts of the Secretary-General, including his efforts for the establishment of the above-mentioned committee, and requests him to report to the Assembly on the progress made in these efforts;
9. Calls upon the members of the Security Council to closely follow the situation including the implementation of Council resolution 1322 (2000), in fulfillment of the Council's primary responsibility for the maintenance of international peace and security;
10. Invites the depositary of the Fourth Geneva Convention to consult on the development of the humanitarian situation in the field, in accordance with the statement adopted on 15 July 1999 by the above-mentioned Conference of High Contracting Parties to the Convention, with the aim of ensuring respect for the Convention in all circumstances in accordance with common article 1 of the four Conventions;
11. Supports the efforts towards the resumption of the Israeli-Palestinian negotiations within the Middle East peace process on its agreed basis, and calls for the speedy conclusion of the final settlement agreement between the two sides;
12. Decides to adjourn the tenth emergency special session temporarily and to authorize the President of the General Assembly at its most recent session to resume its meeting upon request by Member States.
Israel's Reaction to UN General Assembly Resolution (Communicated by Foreign Ministry Spokesman) October 21, 2000
Israel adamantly rejects the decision taken by the Special Emergency Session of the United Nations on October 20. This resolution is totally one-sided and completely ignores numerous incidents such as the lynch in Ramallah and the desecration of Joseph's Tomb and the ancient synagogue in Jericho, as well as the ongoing acts of violence on the part of the Palestinians. This decision also ignores the fact that the Palestinian Authority planned and initiated these acts and is responsible for not implementing the commitments it took on at the Sharm el-Sheikh Summit. The Palestinians, including the police and Tanzim organization working directly with the PA, are using live ammunition on all fronts against Israeli citizens. Furthermore, they send women and children to confront Israelis.
The decision also chose to ignore the Israeli government's willingness, as displayed during the Camp David Summit, to take dramatic and painful decisions in order to advance the peace process, as opposed to the unwillingness of Arafat and the Palestinian leadership to make the necessary decisions.
The decision taken today by less than half of the U.N. membership does not contribute to the efforts to calm the situation and to cease the violence by the Palestinians, in accordance with the Sharm el-Sheikh Summit summary statement.
The Government of Israel will do all it can to stabilize the situation, and expects the Palestinian leadership to do likewise.
Source: Ministry of Foreign Affairs