UN General Assembly Resolutions: Resolution ES-9/1

The General Assembly,

Noting with regret and concern that the Security Council, at its 2329th meeting, on 20 January 1982, failed to take appropriate measures against Israel, as requested by the Council in resolution 497 (1981) of 17 December 1981, as a result of the negative vote of a permanent member of the Council,

Recalling Security Council resolution 497 (1981),

Recalling its resolution 35/122 E of 11 December 1980,

Reaffirming its resolution 36/226 B of 17 December 1981,

Having considered the reports of the Secretary General of 21 December 1981 and 31 December 1981,

Recalling its resolution 3314 (XXIX) of 14 December 1974, in which it defined an act of aggression as, inter alia, "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 justification for aggression,

Stressing once again that the acquisition of territory by force is inadmissible under the Charter of the United Nations, the principles of international law and relevant United Nations resolutions,

Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Syrian territory,

Noting that Israel's record 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,

Noting further 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, the latest being resolution 437 (1981),

1. Strongly condemns Israel for its failure to comply with Security Council resolution 497 (1981) and General Assembly resolution 36/226 B;

2. Declares that Israel's decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights constitutes 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 Golan Heights is null and void and has no legal validity and/or effect whatsoever;

4. Determines that all actions taken by Israel to give effect to its decision relating to the occupied Syrian Golan Heights are illegal and invalid and shall not be recognized;

5. Reaffirms its determination that all the provisions of the Hague Conventions of 1907 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 all parties thereto to respect and ensure respect of their obligations under these instruments in all circumstances;

6. Determines that the continued occupation of the Syrian Golan Heights since 1967 and its effective 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;

7. 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;

8. Further deplores any political, economic, military and technological support to Israel that encourages Israel to commit acts of aggression and to consolidate and perpetuate its occupation and annexation of occupied Arab territories;

9. Firmly emphasizes its demands that Israel, the occupying Power, rescind forthwith its decision of 14 December 1981 to impose its laws, jurisdiction and administration on the Syrian Golan Heights, which has resulted in the effective annexation of that territory;

10. Reaffirms the overriding necessity of the total and unconditional withdrawal by Israel from all Palestinian and other Arab territories occupied since 1967, including Jerusalem, which is a primary requirement for the establishment of a comprehensive and just peace in the Middle East;

11. Declares that Israel's record and actions confirm that it is not a peace-loving Member State 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;

12. Calls upon all Member States to apply the following measures:

(a) To refrain from supplying Israel with any weapons and related equipment and to suspend any military assistance which Israel receives from them;

(b) To refrain from acquiring any weapons or military equipment from Israel;

(c) To suspend economic, financial and technological assistance to and co-operation with Israel;

(d) To sever diplomatic, trade and cultural relations with Israel;

13. Also calls upon all Member States to cease forthwith, individually and collectively, all dealings with Israel in order totally to isolate it in all fields;

14. Urges non-member States to act in accordance with the provisions of the present resolution;

15. Calls upon all specialized agencies of the United Nations system and international institutions to conform their relations with Israel to the terms of the present resolution;

16. Requests the Secretary General to follow up the implementation of the present resolution and to report thereon at intervals of two months to Member States as well as to the Security Council and to submit a comprehensive report to the General Assembly at its thirty-seventh session under the item entitled "The situation in the Middle East."

Sources: The United Nations