A
The General Assembly,
Having discussed the item entitled "The
situation in the Middle East",
Reaffirming its resolutions 36/226 A and B of 17
December 1981, ES-9/1 of 5 February 1982, 37/123 F of 20 December 1982,
38/58 A to E of 13 December 1983, 38/180 A to D of 19 December 1983, 39/146
A to C of 14 December 1984, 40/168 A to C of 16 December 1985, 41/162 A to
C of 4 December 1986, 42/209 A to D of 11 December 1987, 43/54 A to C of 6
December 1988 and 44/40 A to C of 4 December 1989,
Recalling Security Council resolutions 425 (1978)
of 19 March 1978, 497 (1981) of 17 December 1981, 508 (1982) of 5 June
1982, 509 (1982) of 6 June 1982, 659 (1990) of 31 July 1990, and other
relevant resolutions,
Taking note of the reports of the
Secretary-General of 15 October 1990,1/ 12 November 1990 2/
and 26 November 1990,3/
Reaffirming the need for continued collective
support for the decisions adopted by the Twelfth Arab Summit Conference,
held at Fez, Morocco, on 25 November 1981 and from 6 to 9 September 1982,4/
which were confirmed by subsequent Arab summit conferences, including the
Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23
to 26 May 1989,
Reiterating its previous resolutions on the
question of Palestine and its support for the Palestine Liberation
Organization as the sole legitimate representative of the Palestinian
people,
Considering that the convening of the
International Peace Conference on the Middle East, under the auspices of
the United Nations, in accordance with General Assembly resolution 44/42 of
6 December 1989 and other resolutions related to the question of Palestine,
would contribute to the promotion of peace in the region,
Welcoming all efforts contributing towards the
realization of the inalienable rights of the Palestinian people through the
achievement of a comprehensive, just and lasting peace in the Middle East,
in accordance with the United Nations resolutions relating to the question
of Palestine and to the situation in the Middle East,
Welcoming also 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 on the question
of Palestine and on the situation in the Middle East,
Gravely concerned that the Palestinian territory
occupied since 1967, including Jerusalem, and the other occupied Arab
territories 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 1949,5/ to the Palestinian territory occupied since
1967, including Jerusalem, and the other occupied Arab territories,
Reaffirming also all relevant United Nations
resolutions which stipulate 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 the
Palestinian territory occupied since 1967, including Jerusalem, and the
other occupied Arab territories,
Reaffirming further the imperative necessity of
establishing a comprehensive, just and lasting peace in the region, based
on full respect for the Charter and the principles of international law,
Gravely concerned also at the continuing Israeli
policies 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,
Stressing once again the great importance of the
time factor in the endeavours to achieve an early comprehensive, just and
lasting peace in the Middle East,
1. 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 and the immediate, unconditional and total withdrawal of
Israel from the Palestinian territory occupied since 1967, including
Jerusalem, and the other occupied Arab territories;
2. Reaffirms 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, the representative of the
Palestinian people;
3. 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 and on the basis of its relevant resolutions, which ensures the
complete and unconditional withdrawal of Israel from the Palestinian
territory occupied since 1967, including Jerusalem, and the other occupied
Arab territories, 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 relating to the question of Palestine, in
particular General Assembly resolutions ES-7/2 of 29 July 1980, 36/120 A to
F of 10 December 1981, 37/86 A to D of 10 December 1982, 37/86 E of 20
December 1982, 38/58 A to E of 13 December 1983, 39/49 A to D of 11
December 1984, 40/96 A to D of 12 December 1985, 41/43 A to D of 2 December
1986, 42/66 A to D of 2 December 1987, 43/54 A to C of 6 December 1988, and
43/175 A to C, 43/176, 43/177 of 15 December 1988 and 44/42;
4. Considers the Arab peace plan adopted
unanimously at the Twelfth Arab Summit Conference, held at Fez, Morocco, on
25 November 1981 and from 6 to 9 September 1982,4/ which was
confirmed by subsequent Arab summit conferences, including the
Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23
to 26 May 1989, as well as relevant efforts and action to implement the Fez
plan, as an important contribution towards the realization of the
inalienable rights of the Palestinian people through the achievement of a
comprehensive, just and lasting peace in the Middle East;
5. Condemns Israel's continued occupation of the
Palestinian territory occupied since 1967, including Jerusalem, and the
other occupied Arab territories, 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 the territories occupied since 1967;
6. Rejects all agreements and arrangements which
violate the inalienable rights of the Palestinian people and contradict the
principles of a just and comprehensive solution to the Middle East problem
to ensure the establishment of a just peace in the area;
7. 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 resolutions 35/207 of 16 December 1980
and 36/226 A and B of 17 December 1981; 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, the specialized
agencies and all other international organizations to abide by the present
resolution and all other relevant resolutions and decisions;
8. Condemns Israel's aggression, policies and
practices against the Palestinian people in the occupied Palestinian
territory and outside this territory, including expropriation,
establishment of settlements, annexation and other terrorist, aggressive
and repressive measures, which are in violation of the Charter and the
principles of international law and the relevant international conventions;
9. Strongly condemns the imposition by Israel of
its laws, jurisdiction and administration on the occupied Syrian Arab
Golan, its annexationist policies and practices, the establishment of
settlements, the confiscation of lands, the diversion of water resources
and the imposition of Israeli citizenship on Syrian nationals, and declares
that all these measures are null and void and constitute a violation of the
rules and principles of international law relative to belligerent
occupation, in particular the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949;
10. Considers that the agreements on strategic
co-operation between the United States of America and Israel, signed on 30
November 1981, and the continued supply of modern arms and matériel to
Israel, augmented by substantial economic aid, including the Agreement on
the Establishment of a Free Trade Area between the two Governments, have
encouraged Israel to pursue its aggressive and expansionist policies and
practices in the Palestinian territory occupied since 1967, including
Jerusalem, and the other occupied Arab territories, and have had adverse
effects on efforts for the establishment of a comprehensive, just and
lasting peace in the Middle East and pose a threat to the security of the
region;
11. Calls once more upon all States to put an end
to the flow to Israel of any military, economic, financial and
technological aid, as well as of human resources, aimed at encouraging it
to pursue its aggressive policies against the Arab countries and the
Palestinian people;
12. Strongly condemns the continuing and
increasing collaboration between Israel and the racist régime of South
Africa, especially in the economic, military and nuclear fields, which
constitutes a hostile act against the African and Arab States and enables
Israel to enhance its nuclear capabilities, thus subjecting the States of
the region to nuclear blackmail;
13. Reaffirms its call for convening the
International Peace Conference on the Middle East, under the auspices of
the United Nations, with the participation of the five permanent members of
the Security Council and all parties to the conflict, including the
Palestine Liberation Organization, the sole legitimate representative of
the Palestinian people, on an equal footing, and that the Conference should
be effective with full authority, in order to achieve a comprehensive and
just solution based on the withdrawal of Israel from the occupied
Palestinian territory, including Jerusalem, and the other occupied Arab
territories, and the attainment of the inalienable rights of the
Palestinian people in accordance with the United Nations resolutions
relevant to the question of Palestine and the situation in the Middle East;
14. Endorses the call for setting up a
preparatory committee, within the framework of the Security Council, with
the participation of the permanent members of the Council, to take the
necessary action to convene the Conference;
15. 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 forty-sixth session a
comprehensive report covering the developments in the Middle East in all
their aspects.
B
The General Assembly,
Having discussed the item entitled "The
situation in the Middle East",
Taking note of the report of the
Secretary-General of 15 October 1990,1/
Recalling Security Council resolution 497 (1981)
of 17 December 1981,
Reaffirming its resolutions 36/226 B of 17
December 1981, ES-9/1 of 5 February 1982, 37/123 A of 16 December 1982,
38/180 A of 19 December 1983, 39/146 B of 14 December 1984, 40/168 B of 16
December 1985, 41/162 B of 4 December 1986, 42/209 C of 11 December 1987,
43/54 B of 6 December 1988 and 44/40 B of 4 December 1989,
Recalling its resolution 3314 (XXIX) of 14
December 1974, in 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 1949,5/ to the Palestinian territory occupied
since 1967, including Jerusalem, and the other occupied Arab territories,
Noting that Israel's record, policies and actions
establish conclusively that it is not a peace-loving Member State and that
it has not carried out its obligations under the Charter of the United
Nations,
Noting also that Israel has refused, in violation
of Article 25 of the Charter, to accept and carry out the numerous relevant
decisions of the Security Council, in particular resolution 497 (1981),
thus failing to carry out its obligations under the Charter,
1. Strongly condemns Israel for its failure to
comply with Security Council resolution 497 (1981) and General Assembly
resolutions 36/226 B, ES-9/1, 37/123 A, 38/180 A, 39/146 B, 40/168 B,
41/162 B, 42/209 C, 43/54 B and 44/40 B;
2. Declares once more that Israel's continued
occupation of the Syrian Arab Golan and its decision of 14 December 1981 to
impose its laws, jurisdiction and administration on the occupied Syrian
Arab Golan constitute an act of aggression under the provisions of Article
39 of the Charter of the United Nations and General Assembly resolution
3314 (XXIX);
3. Declares once more that Israel's decision to
impose its laws, jurisdiction and administration on the occupied Syrian
Arab Golan is illegal and therefore null and void and has no validity
whatsoever;
4. Declares all Israeli policies and practices
of, or aimed at, annexation of the Palestinian territory occupied since
1967, including Jerusalem, and of the other occupied Arab territories 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 decision relating to the occupied Syrian Arab
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 6/
and the Geneva Convention relative to the Protection of Civilian Persons in
Time of War, of 12 August 1949, 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 Arab Golan since 1967 and its 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 international peace and security;
8. Strongly deplores the negative vote by a
permanent member of the Security Council which prevented the Council from
adopting against Israel, under Chapter VII of the Charter, the
"appropriate measures" referred to in resolution 497 (1981)
unanimously adopted by the Council;
9. Further deplores any political, economic,
financial, military and technological support to Israel that encourages it
to commit acts of aggression and to consolidate and perpetuate its
occupation and annexation of the Palestinian territory occupied since 1967,
including Jerusalem, and the other occupied Arab territories;
10. 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 Arab Golan, which resulted in the effective annexation of that
territory;
11. Reaffirms once more the overriding necessity
of the total and unconditional withdrawal by Israel from the Palestinian
territory occupied since 1967, including Jerusalem, and the other occupied
Arab territories, which is an essential prerequisite for the establishment
of a comprehensive and just peace in the Middle East;
12. Determines once more that Israel's record,
policies and actions confirm that it is not a peace-loving Member State,
that it has persistently violated the principles contained in the Charter
and that it has carried out neither its obligations under the Charter nor
its commitment under General Assembly resolution 273 (III) of 11 May 1949;
13. Calls upon all Member States to put an end to
the flow to Israel of any military, economic, financial and technological
aid, as well as human resources, aimed at prolonging Israeli occupation of
the Arab territories or encouraging Israel to pursue its aggressive policy
against the Arab countries and the Palestinian people;
14. Urges non-member States to act in accordance
with the provisions of the present resolution;
15. Calls upon the specialized agencies and other
international organizations to conform their relations with Israel to the
terms of the present resolution;
16. Requests the Secretary-General to report to
the General Assembly at its forty-sixth session on the implementation of
the present resolution.
C
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 and 44/40 C
of 4 December 1989, 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 15 October 1990,1/
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-sixth session on the implementation of
the present resolution.
* * *
1/ A/45/595.
2/ A/45/709-S/21929.
3/ A/45/726-S/21947.
4/ See A/37/696-S/15510, annex. For the printed
text, see Official Records of the Security Council,
Thirty-seventh Year, Supplement for October, November and December
1982, document S/15510, annex.
5/ United Nations, Treaty Series, vol. 75,
No. 973.
6/ See Carnegie Endowment for International
Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
RECORDED VOTE ON RESOLUTION 45/83 A: 99-19-32
In favour: Afghanistan, Albania, Algeria,
Argentina, Bahrain, Bangladesh, Belize, Benin, Bhutan, Bolivia, Botswana,
Brazil, Brunei Darussalam, Burkina Faso, Burundi, Byelorussia, Cameroon,
Cape Verde, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus, Djibouti,
Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Ghana, Guatemala,
Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, Iran, Iraq,
Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho,
Libya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico,
Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger,
Nigeria, Oman, Pakistan, Peru, Philippines, Qatar, Rwanda, Saudi Arabia,
Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Sri Lanka, Sudan,
Suriname, Swaziland, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia,
Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Republic of
Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia,
Zimbabwe.
Against: Australia, Belgium, Canada, Costa Rica,
Denmark, France, Germany, Iceland, Ireland, Israel, Italy, Luxembourg,
Netherlands, New Zealand, Norway, Poland, Portugal, United Kingdom, United
States.
Abstaining: Antigua and Barbuda, Austria,
Bahamas, Barbados, Bulgaria, Central African Republic, Congo, Côte
d'Ivoire, Czechoslovakia, Dominica, Dominican Republic, Fiji, Finland,
Greece, Haiti, Hungary, Jamaica, Japan, Liechtenstein, Malawi, Malta, Papua
New Guinea*, Paraguay, Romania, Saint Kitts and Nevis, Saint Lucia, Saint
Vincent and the Grenadines, Samoa, Solomon Islands, Spain, Sweden, Uruguay.
Absent: Angola, Cambodia, Grenada, Panama, Zaire.
____________
*Later advised the Secretariat that it had intended
to vote in favour.
RECORDED VOTE ON RESOLUTION 45/83 B: 84-23-41
In favour: Afghanistan, Albania, Algeria,
Bahrain, Bangladesh, Belize, Benin, Bhutan, Bolivia**, Botswana, Brunei
Darussalam, Burkina Faso, Burundi, Byelorussia, Cameroon, Cape Verde, Chad,
China, Comoros, Congo, Cuba, Cyprus, Djibouti, Gabon, Gambia, Ghana,
Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, India,
Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People's Democratic
Republic, Lebanon, Lesotho, Libya, Madagascar, Malaysia, Maldives, Mali,
Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia,
Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Rwanda, Saudi Arabia,
Senegal, Seychelles, Sierra Leone, Somalia, Sri Lanka, Sudan, Swaziland,
Syria, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United
Arab Emirates, United Republic of Tanzania, Vanuatu, Viet Nam, Yemen,
Yugoslavia, Zambia, Zimbabwe.
Against: Australia, Belgium, Canada,
Czechoslovakia, Denmark, Finland, France, Germany, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New Zealand,
Norway, Poland, Portugal, Sweden, United Kingdom, United States.
Abstaining: Antigua and Barbuda, Argentina,
Austria, Bahamas, Barbados, Brazil, Bulgaria, Central African Republic,
Chile, Colombia, Costa Rica, Côte d'Ivoire, Dominica, Dominican Republic,
Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Haiti, Jamaica, Liechtenstein,
Malawi, Malta, Myanmar, Nepal, Papua New Guinea*, Paraguay, Peru, Saint
Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa,
Singapore, Solomon Islands, Spain, Suriname, Thailand, Togo, Uruguay,
Venezuela.
Absent: Angola, Cambodia, Grenada, Nicaragua,
Panama, Romania, Zaire.
____________
*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 45/83 C: 145-1-4
In favour: Afghanistan, Albania, Algeria, Antigua
and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh,
Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei
Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussia, Cameroon, Canada,
Cape Verde, Central African Republic, Chad, Chile, China, Colombia,
Comoros, Congo, Côte d'Ivoire, Cuba, Cyprus, Czechoslovakia, Denmark,
Djibouti, Dominican Republic, Ecuador, Egypt, Ethiopia, Fiji, Finland,
France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea,
Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia,
Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao
People's Democratic Republic, Lebanon, Lesotho, Libya, Liechtenstein,
Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania,
Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal,
Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman,
Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal,
Qatar, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent
and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone,
Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname,
Swaziland, Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia,
Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United
Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen,
Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Costa Rica, Dominica, Malawi, United
States.
Absent: Angola, Cambodia, El Salvador, Grenada,
Panama.