This Resolution calls on Israel to comply with the
International Court of Justice ruling to dismantle the security fence and pay reparations to Palestinians who might have incurred damages as
a result of its constrcution. The resolution is not binding. The
United States voted against the resolution.
The General Assembly,
Guided by the principles enshrined in the Charter
of the United Nations,
Considering that the promotion of respect fro 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 General Assembly resolution 2625 (XXV) of
24 October 1970, on the Declaration on Principles of International Law
concerning Friendly Relations and Cooperation among States in accordance
with the Charter of the United Nations,
Reaffirming the illegality of any territorial acquisition
resulting from the threat or use of force,
Recalling the Regulations annexed to the Hague Convention
respecting the laws and Customs of War on Land, or 1907,
Recalling also the Geneva Convention relative to the
Protections of Civilian Persons in Time of War, of 12 August 1949, and
relevant provisions of customary law, including those codified in Protocol
1 Additional to the four Geneva Conventions,
Recalling further the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social
and Cultural Rights, and the Convention on the Rights of the Child,
Reaffirming the permanent responsibility of the United
Nations towards the question of Palestine until it is resolved in all
aspects in a satisfactory matter on the basis of international legitimacy,
Recalling also relevant Security Council resolutions
including 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973,
446 (1979) of 22 March 1979, 452 (1979) of 20 July 19979, 465 (1980)
of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August
1980, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996,
1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003, and 1544
(2004) of 19 May 2004.
Recalling its resolutions of the tenth emergency special
session on illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory,
Reaffirming the most recent resolution of the fifty-eighth
session of the General Assembly, 58/292 of 17 May 2004 on the status
of the Occupied Palestinian Territory, including East Jerusalem,
Reaffirming the right of the Palestinian people to
self-determination, including their right to their independent State
of Palestine,
Reaffirming also the commitment to the two-state solution
of Israel and Palestine, living side by side in peace and security within
recognized borders, based on the pre-1967 borders,
Condemning all acts of violence, terrorism, and destruction,
Recalling its resolution ES-10/13 of 21 October 2003,
in which it demanded that Israel stop and reverse the construction of
the Wall in the Occupied Palestinian Territory, including in and around
East Jerusalem,
Recalling also its resolution ES-10/14 of 8 December
2003, in which the Assembly requested the International Court of Justice
to urgently render an advisory opinion on the following question:
What are the legal consequences arising from the construction
of the wall being built by Israel, the occupying Power, in the Occupied
Palestinian Territory, including in and around East Jerusalem, as described
in the report of the Secretary-General, considering the rules and principles
of international law, including the Fourth Geneva Convention of 1949,
and relevant Security Council and General Assembly resolutions?
Having received with respect the advisory opinion of
the International Court of Justice on the "Legal Consequences of
the Construction of a Wall in the Occupied Palestinian Territory",
rendered on 9 July 2004,
Noting in particular that the Court replied to the
question put forth by the General Assembly in resolution ES-10/14 as
follows:
A. "The construction of the Wall being built by
Israel, the occupying Power, in the Occupied Palestinian Territory,
including East Jerusalem, and its associated regime, are contrary to
international law;
B. Israel is under an obligation to terminate its breaches
of international law; it is under an obligation to cease forthwith the
works of construction of the Wall being built in the Occupied Palestinian
Territory, including in and around East Jerusalem, to dismantle forthwith
the structure therein situated, and to repeal or render ineffective
forthwith all legislative and regulatory acts relating thereto, in accordance
with paragraph 151 of this Opinion;
C. Israel is under an obligation to make reparation
for all damage caused by the construction of the Wall in the Occupied
Palestinian Territory, including in and around East Jerusalem;
D. All States are under an obligation not to recognize
the illegal situation resulting from the construction of the Wall and
not to render aid or assistance in maintaining the situation created
by such construction; all States Parties to the Fourth Geneva Convention
Relative to the Protection of Civilian Persons in Time of War of 12
August 1949 have in addition the obligation, while respecting the United
Nations Charter and international law, to ensure compliance by Israel
with international humanitarian law as embodied in that Convention;
E. The United Nations, and especially the General Assembly
and the Security Council, should consider what further action is required
to bring to an end the illegal situation resulting from the construction
of the wall and the associated regime, taking due account of the present
Advisory Opinion."
Noting that the Court concluded that "the Israeli
settlements in the Occupied Palestinian Territory (including East Jerusalem)
have been established in breach of international law",
Noting also the statement made by the Court that "Israel
and Palestine are under an obligation scrupulously to observe the rules
of international humanitarian law, one of the paramount purposes of
which is to protect civilian life", and that "in the Court's
view, this tragic situation can be brought to an end only through implementation
in good faith of all relevant Security Council resolutions, in particular
resolutions 242 (1967) and 338 (1973)",
Considering that respect for the International Court
of Justice and its functions is essential to the rule of law and reason
in international affairs.
1. Acknowledges the advisory opinion of the International
Court of Justice of 9 July 2004 on the legal consequences of the construction
of a Wall in the Occupied Palestinian Territory, including in and around
East Jerusalem;
2. Demands that Israel the occupying Power, comply
with its legal obligations as identified in the advisory opinion;
3. Demands that all Member States of the United Nations
comply with their legal obligations as identified in the advisory opinion;
4. Requests the Secretary-General of the United Nations
to establish a register of damage caused to all the natural or legal
persons concerned in connection with paragraphs 152 and 153 of the Advisory
Opinion;
5. Decides to reconvene to assess the implementation
of this resolution with the aim of ending the illegal situation resulting
from the construction of the wall and its associated regime in the Occupied
Palestinian Territory, including East Jerusalem;
6. Calls on both the Government of Israel and the Palestinian
Authority to immediately implement their obligations under the Road
Map in cooperation with the Quartet, endorsed by Security Council resolution
1515 (2003), to achieve the vision of two States living side by side
in peace and security, and emphasizes that both Israel and the Palestinian
Authority are under an obligation scrupulously to observe the rules
of international humanitarian law;
7. Calls upon all States Parties to the Fourth Geneva
Convention of 1949 to ensure compliance by Israel with the Convention,
and invites Switzerland, in its capacity as the depositary of the Geneva
Conventions, to conduct consultations and to report to the General Assembly
on the matter, including with regard to the possibility of resuming
the Conference of High Contracting Parties to the Fourth Geneva Convention;
8. 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 from Member
States.