Resolution 60/105
(December 8, 2005)
The General Assembly,
Recalling its relevant resolutions,
including its resolution 59/122 of 10 December 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 3to
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 Territories5 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, 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, 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 adopted by the General
Assembly at 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 sixty-first
session on the implementation of the present resolution.
62nd plenary meeting
8 December 2005
Notes
1 See Carnegie Endowment
for International Peace, The Hague Conventions and Declarations
of 1899 and 1907 (New York, Oxford University Press,
1915).
2United Nations, Treaty
Series, vol. 75, No. 973.
3 Ibid., vol. 1125, No.
17512.
4Ibid., vol. 75, Nos. 970-973.
5See A/60/380.
6A/60/294-298.
7See A/ES-10/273 and Corr.1.
Sources: The United Nations |