UN General Assembly Resolutions: Resolution 2851

The General Assembly

Guided by the purposes and principles of the Charter of the United Nations,

Bearing in mind the provisions and principles of the Universal Declaration of Human Rights, as well as the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1/

Recalling Security Council resolutions 237 (1967) of 14 June 1967 and 259 (1968) of 27 September 1968, as well as other pertinent resolutions of the United Nations,

Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories,2/

Gravely concerned about the violations of the human rights of the inhabitants of the occupied territories,

Considering that the system of investigation and protection is essential for ensuring effective implementation of the international instruments, such as the aforementioned Geneva Convention of 12 August 1949, which provide for respect for human rights in armed conflict,

Noting with regret that the relevant provisions of that Convention have not been implemented by the Israeli authorities;

Recalling that, in accordance with article 1 of that Convention, the States parties have undertaken not only to respect but also to ensure respect for the Convention in all circumstances,

Noting with satisfaction that the International Committee of the Red Cross, after giving careful consideration to the question of the reinforcement of the implementation of the Geneva Conventions of 12 August 1949,3/ has arrived at the conclusion that all tasks falling to a protecting Power under those Conventions could be considered humanitarian functions and that the International Committee of the Red Cross has declared itself ready to assume all the functions envisaged for protecting powers in the Conventions,4/

1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories and its members for their efforts in performing the task assigned to them;

2. Strongly calls upon Israel to rescind forthwith all measures and to desist from all policies and practices such as:

(a) The annexation of any part of the occupied Arab territories;

(b) The establishment of Israeli settlements on those territories and the transfer of parts of its civilian population into the occupied territory;

(c) The destruction and demolition of villages, quarters and houses and the confiscation and expropriation of property;

(d) The evacuation, transfer, deportation and expulsion of the inhabitants of the occupied Arab territories;

(e) The denial of the right of the refugees and displaced persons to return to their homes;

(f) The ill-treatment and torture of prisoners and detainees;

(g) Collective punishment;

3. Calls upon the Government of Israel to permit all persons who have fled the occupied territories or have been deported or expelled therefrom to return to their homes;

4. Reaffirms that all measures taken by Israel to settle the occupied territories, including occupied Jerusalem, are completely null and void;

5. Calls upon the Government of Israel to comply fully with its obligations under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

6. Requests the Special Committee, pending the early termination of Israeli occupation of Arab territories, to continue its work and to consult as appropriate with the International Committee of the Red Cross in order to ensure the safeguarding of the welfare and human rights of the population of the occupied territories;

7. Urges the Government of Israel to co-operate with the Special Committee and to facilitate its entry into the occupied territories in order to enable it to perform the functions entrusted to it by the General Assembly;

8. Requests the Secretary-General to provide the Special Committee with all the necessary facilities for the continued performance of its tasks;

9. Requests all States parties to the Geneva Convention of 12 August 1949 to do their utmost to ensure that Israel respects and fulfils its obligations under that Convention;

10. Requests the Special Committee to report to the Secretary-General as soon as possible and whenever the need arises thereafter;

11. Decides to include in the provisional agenda of its twenty-seventh session an item entitled "Report (or reports) of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories."

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2/ A/8389 and Corr.1 and 2 and Add.1 and Add.2/Corr.1 and 2.

3/ United Nations, Treaty Series, vol. 75 (1950), Nos. 970-973.

4/ See A/8389/Add.1 and Add.1/Corr.1 and 2, para. 36.

Sources: The United Nations