Resolution 59/122
(December 10, 2004)
The General Assembly,
Recalling its relevant resolutions, including its resolution
58/292 of 6 May 2004,
Recalling also its resolution ES-10/15 of 20 July 2004,
Bearing in mind the relevant resolutions of the Security
Council,
Recalling the Regulations annexed to the Hague Convention
IV of 1907,1 the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949,2 and relevant provisions
of customary law, including those codified in Additional Protocol I
3 to the four Geneva Conventions,4
Having considered the report of the Special Committee
to Investigate Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories 5 and the relevant
reports of the Secretary-General,6
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,
Recalling the advisory opinion rendered on 9 July 2004
by the International Court of Justice,7 and also recalling General Assembly
resolution ES-10/15,
Noting in particular the Court's reply, including that
the Fourth Geneva Convention2 is applicable in the Occupied Palestinian
Territory, including East Jerusalem, and that Israel is in breach of
several of the provisions of the Convention,
Noting the convening for the first time, on 15 July
1999, of a Conference of High Contracting Parties to the Fourth Geneva
Convention, as recommended by the General Assembly in its resolution
ES-10/6 of 9 February 1999, on measures to enforce the Convention in
the Occupied Palestinian Territory, including East Jerusalem, and to
ensure respect thereof in accordance with article 1 common to the four
Geneva Conventions, and aware of the statement adopted by the Conference,
Welcoming the reconvening of the Conference of High
Contracting Parties to the Fourth Geneva Convention on 5 December 2001
in Geneva and stressing the importance of the Declaration adopted by
the Conference, and underlining the need for the parties to follow up
the implementation of the Declaration,
Welcoming and encouraging the initiatives by States
parties to the Convention, both individually and collectively, according
to article 1 common to the four Geneva Conventions, aimed at ensuring
respect for the Convention,
Stressing that Israel, the occupying Power, should
comply strictly with its obligations under international law, including
international humanitarian law,
1. Reaffirms that the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949,2
is applicable to the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967;
2. Demands that Israel accept the de jure applicability
of the Convention in the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
and that it comply scrupulously with the provisions of the Convention;
3. Calls upon all High Contracting Parties to the Convention,
in accordance with article 1 common to the four Geneva Conventions4
and as mentioned in the advisory opinion of the International Court
of Justice of 9 July 2004,7 to continue to exert all efforts to ensure
respect for its provisions by Israel, the occupying Power, in the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories
occupied by Israel since 1967;
4. Reiterates the need for speedy implementation of
the relevant recommendations contained in the resolutions of its tenth
emergency special session, including resolution ES-10/15, with regard
to ensuring respect by Israel, the occupying Power, for the provisions
of the Convention;
5. Requests the Secretary-General to report to the
General Assembly at its sixtieth session on the implementation of the
present resolution.
71st plenary meeting
10 December 2004
Notes
1 See Carnegie Endowment for International Peace, The Hague Conventions
and Declarations of 1899 and 1907 (New York, Oxford University Press,
1915).
2 United Nations, Treaty Series, vol. 75, No. 973.
3 Ibid., vol. 1125, No. 17512.
4 Ibid., vol. 75, Nos. 970–973.
5 See A/59/381.
6 A/59/338, A/59/339, A/59/343, A/59/344 and A/59/345.
7 See A/ES-10/273 and Corr.1.
Sources: The United Nations |