RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY DURING ITS
F}FTH EMERGENCY SPECIAL SESSION4
CONTENTS
Resolution No. Title Item Pa{JC
2252 (ES-V)
2253 (ES-V)
Humanitarian assistance (A/L.526 and Add.1-3) ..... 5
Date of adoption
4 July 1967 3
Measures taken by Israel to change the status of the City of
Jerusalem (A/L.527 /Rev.l) 5
5
4 July 1967 4
4
4
4
4
2254 (ES-V)
2255 (ES-V)
2256 (ES-V)
2257 (ES-V)
Measures taken by Israel to change the status of the City of
Jerusalem (A/L.528/Rev.2) ........ . 14 July 1967
Credentials of representatives to the fifth emergency special session
of the General Assembly (A/6742 and Corr.1) 3 (b)
5
17 July 1967
The situation in the Middle East (A/L.529/Rev.l) 21 July 1967
The situation in the Middle East (A/L.530) 5 18 September 1967
4 Resolutions adopted without reference to a Main Committee (see foot-note 1, p. 1).
2252 (ES-V). Humanitarian assistance
The General Assembly,
Considering the urgent need to alleviate the suffering
inflicted on civilians and on prisoners of war as a result
of the recent hostilities in the Middle East,
1. Welcomes with great satisfaction Security Council
resolution 237 (1967) of 14 June 1967, whereby
the Council :
(a) Considered the urgent need to spare the civil
populations and the prisoners of war in the area of
conflict in the Middle East additional sufferings;
( b) Considered that essential and inalienable human
rights should be respected even during the vicissitudes
of war;
( c) Considered that all the obligations of the
Geneva Convention relative to the Treatment of
Prisoners of vVar of 12 August 19495 should be complied
with by the parties involved in the conflict;
( d) Called upon the Government of Israel to ensure
the safety, welfare and security of the inhabitants of
the areas where military operations had taken place
and to facilitate the return of those inhabitants who
had fled the areas since the outbreak of hostilities;
( e) Recommended to the Governments concerned
the scrupulous respect of the humanitarian principle;;
governing the treatment of prisoners of war and the
protection of civilian persons in time of war, contained
in the Geneva Conventions of 12 August 1949 ;6
(f) Requested the Secretary-General to follow the
effective implementation of the resolution and to report
to the Security Council;
2. Notes with gratitude and satisfaction and endorses
the appeal made by the President of the General Assembly
on 26 June 1967 ;7
5 United Nations, Treaty Series, vol. 75 (1950), No. 972.
6 United Nations, Treaty Series, vol. 75 (1950), Nos. 970-973.
7 See Official Records of the General Assembly, Fifth Emergency
Special Session, Plenary Meetings, 1536th meeting,
paras. 29-37.
3
3. Notes with gratification the work undertaken by
the International Committee of the Red Cross, the
League of Red Cross Societies .an~ other . voluntary
organizations to provide humamtanan assistance to
civilians;
4. N otcs further with gratification the assistance
which the United Nations Children's Fund is providing
to women and children in the area ;
5. C oinmends the Commissioner-General of the
United Nations Relief and Works Agency for Palestine
Refugees in the Near Ea .. t for his efforts to continue
the activities of the Agency in the present situation
with respect to all persons coming within his mandate;
6. Endorses, bearing in mind the objectives of the
above-mentioned Security Council resoluti011, the efforts
of the Commissioner-General of the United Nations
Relief and \Vorks Agency for Palestine Refugees in
the Near East to provide humanitarian assistance, as
far as practicable, on an emergency basis and as a
temporary measure, to other persons in the area who
are at present displaced and are in serious need of
immediate assistance as a result of the recent hostilities;
7. Welcomes the close co-operation of the United
Nations Relief and Works Agency for Palestine
Refugees in the Near East, and of the other organizations
concerned, for the purpose of co-ordinating assistance;
8. Calls upon all the Member States concerned to
facilitate the transport of supplies to all areas in which
assistance is being rendered ;
9. Appeals to all Governments, as well as organizations
and individuals, to make special contributions for
the above purposes to the United Nations Relief and
\V orks Agency for Palestine Refugees in the Near
East and also to the other intergovernmental and nongovernmental
organizations concerned;
10. Requests the Secretary-General, in consultation
with the Commissioner-General of the United Nations
Relief and Works Agency for Palestine Refugees in
the Near East, to report urgently to the General As4
General Assembly-Filth Emergency Special Session
sembly on the needs arising under paragraphs 5 and 6
above;
11. Further requests the Secretary-General to follow
the effective implementation of the present resolution
and to report thereon to the General Assembly.
1548th plenary meeting,
4 July 1967.
2253 (ES-V). Measures taken by Israel to change
the status of the City of Jerusalem
The General Assembly,
Deeply concerned at the situation prevailing in
Jerusalem as a result of the measures taken by Israel
to change the status of the City,
1. Considers that these measures are invalid;
2. Calls upon Israel to rescind all measures already
taken and to desist forthwith from taking any action
which would alter the status of Jerusalem;
3. Requests the Secretary-General to report to the
General Assembly and the Security Council on the
situation and on the implementation of the present
resolution not later than one week from its adoption.
1548th plenary meeting,
4 July 1967.
2254 (ES-V). Measures taken by Israel to change
the status of the City of Jerusalem
The General Assembly,
Recalling its resolution 2253 (ES-V) of 4 July 1967,
Having received the report submitted by the Secretary-
General, 8
Taking note with the deepest regret and concern of
the non-compliance by Israel with resolution 2253
(ES-V),
I. Deplores the failure of Israel to implement General
Assembly resolution 2253 (ES-V);
2. Reiterates its call to Israel in that resolution to
rescind all measures already taken and to desist forthwith
from taking any action which would alter the
status of Jerusalem ;
3. Requests the Secretary-General to report to the
~ecur_ity Council and ~he General Assembly on the
s1tuati~n and on the implementation of the present
resolut10n.
1554th plenary meeting,
14 July 1967.
8 A/6753. For the printed text of this document see Official
Records of the Security Council, Twenty-second Year, Supplement
for July, August and September 1967, document S/8052.
2255 (ES-V). Credentials of representatives to
the fifth emergency special session of the
General Assembly
The General Assembly
Approves the report of the Credentials Committee.9
1556th plenary meeting,
17 July 1967.
2256 (ES-V). The situation in the Middle East
The General Assembly,
Having considered the grave situation in the Middle
East,
Considering that the Security Council continues to
be seized of the problem,
Bearing in mind the resolutions adopted and the
proposals considered during the fifth emergency special
session of the General Assembly,
1. Requests the Secretary-General to forward the
records of the fifth emergency special session of the
General Assembly to the Security Council in order
to facilitate the resumption by the Council, as a matter
of urgency, of its consideration of the tense situation
in the Middle East;
2. Decides to adjourn the fifth emergency special
session temporarily and to authorize the President of
the General Assembly to reconvene the session as and
when necessary.
1558th plenary meeting,
21 July 1967.
2257 (ES-V). The situation in the Middle East
The General Assembly,
Having considered the grave situation in the Middle
East,
Expressing its utmost concern about that situation,
1. Decides to place on the agenda of its twentysecond
regular session, as a matter of high priority,
the 9"Uestion on the agenda of its fifth emergency special
sess10n;
2 .. Refe:s to its twenty-second regular session, for
cons1derat1on, the records of the meetings and the
documents of its fifth emergency special session.
1559th plenary meeting,
18 September 1967.
9 O.fficial R_ecords of the General Assembly, Fifth Emergency
Spect(lll Sessio1i, Annexes, agenda item 3, document A/6742.
UNITED NATIONS
SECURITY
COUNCIL
Distr.
GENERAL
s /8001”
20 June 1967
ORIGINAL: ENGLISH
,,-, -.:i& . ,. ., ”
I
LETTER DATED 13 JUNE 1967 FROM THE MINISTER FOR FOREIGN AFFAIRS
OF THE UNION OF SOVIET SOCIALIST REPUBLICS (~/6717)
Note by the Secretary-General submitting a report of the
Commissioner-General of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East
Because of the widespread interest in the humanitarian problems resulting
from the recent hostilities in the Near East, the Secretary-General is submitting
to the Membera of the General Assembly and of the Security Council the following
report from the Commissioner-General of the United Nations Relief and Works Agency
for Palestine Refugees in the Near East (UNRWA):
“1. Following the request from the Israel Government that UNRWA should
resume operations, and having notified the Arab host States of my intentions,
I travelled to Jerusalem on 12 June. On 13 June I visited certain parts of
the West Bank of the Jordan and on 14 and 15 June Gaza. During this time
basic arrangements were agreed between the Agency and the Government of Israel
to enable UNRWA to continue its vital humanitarian task. These arrangements
imply no commitment or position by the Agency with regard to the status of the
areas in question or any instrument relating to them and do not affect the
Agency's subjection to resolutions or instructions emanating from the United
Nations. In outlining below the present situation, as it affects that task,
and the problems which now appear to face the Agency, I would emphasize that
my personal knowledge of the present situation is nneecceessssaarriillyy lliimmiitteedd,, ssiinnccee
** Allssoo iissssuueedd uunnddeerr tthhee ssyymbbooll A//66772233..
67-14343 / . . .
Pa& 2
the visit was brief and restricted in scope. I have also had the benefit of
valuable reports on the local situation frommystaff in the various areas,
but limitations on the movement of my staff in these areas have meant $hat
it is too early to expect comprehensive and accurate reports from them.
"A. AREAS IN WHICH MAJOR HOSTILITIES OCCURRED
"(a) Gaza
"2. My impression is that casualties among the civilian population had been
higher here than elsewhere, and damage to property and housing heavier.
However, the Agency's camps and i,nstallations were all more or less intact,
and it appeared that all needing medical attention were receiving it and that
medical supplies were adequate for immediate needs, Public utility services
were seriously disrupted and public transport unavailable. Movement was
seriously restricted by curfews and by occ asional sniping and mining of roads.
The civilian population had virtually all remained in Gaza.
!'(b) West \ Bank of the Jordan
“3. In the old city of Jerusalem the situation was much akin to Gaza. Damage
was widespread but did not amount to devastation in any areas inspected by me
or my staff. In other parts of the West Bank the situation varied considerably,
but on the whole the civilian casualties, damage and disruption of normal life
appeared less, except for the exodus from the Jordan Valley mentioned below.
"(c) Southern Syria
"4. No Agency staff have been able to enter this area and I have no
information other than press and radio reports.
"(d) Movement of civilian population
“5. This has been negligible in Gaza. In Southern Syria initial reports
indicate that some 50,000 people have moved into the Damascus and Deraa areas
out of which only 8,000 are UN&TA-registkred refugees. Of these 8,000
\
approximately 6,000 are in the Damascus area and 2,000 near Deraa. Pending a
survey now being made, a highly provisional figure of 100,000 having moved
CI I ..*
s/&m
English
Page 3
eastwards from the West Bank of the Jordan Valley is being used for working
purposes. of those, possibly 80,000 are already UNHWA-registered refugees,
The evacuation is by no means uniform. In Jericho UNRWA camps are almost
empty, and perhaps 45,000 have fled. The city of Jericho itself also seemed
to me virtually empty. But in the Nablus and Hebron areas little movement had
accurred and much was normal, From Amman it is reported that some few
thousands of persons have arrived there from Hebron and the area of Tulkarm
and Qualqu- ilya.. In the Nablus area there had also been an influx of the
inhabitants of Tulkerm and Qualquilya, but I was told that they had started
to return. As of 13 June, it was estimated that 10,000 persons from those
areas were still in and around ,Nablus. Many have left Jerusalem, although I
saw evidence of some returning khere, and there are doubtless many from
Jerusalem and areas like Jericho who are in the surrounding countryside and
have not left the West Bank, My reports indicate that movement across to the
East Bank had virtually ceased by the middle of last week, and I received
assurance from Ambassador Comay that his Government's policy was not to expel
Arab inhabitants of the occupied areas.
"(e) UNRWA's problems in these areas
“6. I am encouraged by the rapid recovexy of UNRWA's organization and
capacity to provide services in these areas, except for Southern Syria, into
which oux staff have not yet been able to move. Our immediate problemsare
dispersal of locally recruited staff, restrictions on freedom of movement,
heavy loss of vehicles from hostilities, looting and requisitioning, some
loss - although surprisingly light in total - from stocks and stores,
difficulties of communication both within the fields and with headquarters
in Beirut. My impression was that restrictions on freedom of movement and
communications generally were attributable to genuine security difficulties
or damage to facilities and were not being artificially im,posed on the Agency.
The authorities promised full co-operation in removing these difficulties and
vehicles being donated to the Agency and taken over from UNEF, these
particular problems should soon be surmounted. Supplies and food for
spoo1
English
Page 4
TJlJF$&-registered refugees are generally good for one month. I have authorized
distribution of some supplies to other Arab civilians on an emergency basis
and subject to later replacement. Any indefinite increase of UNRWAls
beneficiaries would require additional financial support and a change in the
Agency's mandate. I have no immediate concern over the ability of our health
services to cope with casualties and others requiring medical care, given the
existing co-operation of the authorities. My main concern is that the Agency
should continue to move supplies of food, etc. into these areas, and I see no
alternative but to use the port of Ashdod, North of Gaza, from which the
Agency could supply both Gaza and the West Bank. I would hope to receive the
co-operation of all Governments in having this supply route, which appears to
be the best available. It will have to be brought into use immediately if
food is still to be provided beyond mid-July.
“7. One further matter concerns me, although this is not the Agency's direct
responsibility, and that is to see refugees given the possibility of
communicating with their families. I understand the International Red Cross
is tackling this problem.
‘73. ARRAS IN WHICH NO MAJOR HOSTILITIES OCCURRIE D
"(a) Jordan
“8. The major problem is to cope with the 100,000 or more newly displaced
persons, of whom perhaps 80,000 are UNRWA-registered. Some have fled from
the Karamen camp on the East Bank to Amman and are being persuaded to return
to the West Bank, I have made the Agency's position clear, namely that we
can best cope with the refugees' needs if they return to their previous camps
and installations. Co-operation with the Jordanian Government is good, and
the Agency has loaned 1,000 tons of flour as well as vehicles and is giving
assistance in setting up emergency camps and conducting joint surveys of the
number and locations of displaced persons. The results of this survey are
expected to be available in two ox three days. Facilities for first
reception, blankets, cooking utensils, and emergency shelter are badly needed.
Medical supplies and services seem to be adequate and the Agency's food stocks
are sufficient for its own registered refugees for three months. Since the
I ..*
rations contain little protein there is a need for additional foods rich in
protein such as milk and canned meat for those displaced refugees who have
lost their capacity to supplement their rations with food-stuffs purchased
with their earnings. This need is probably also present among many of the
non-refugee displaced persons both in East Jordan and Syria and among the
population of Gaza, both refugee and local resident.
"(b) Syria
"9. Except for the South Western area? the Agencyts normal services are
operating effectively and in addition the Agency has made a blanket
distribution and established additional. medical services.
"(c) Lebanon *-=
"10. The Agency's normal services are operating effectively.
"(d) UNRWA's problems in these areas
"11. The Agency has adequate personnel available, Communications are generally
good, although movement of personnel and vehicles through Syria is restricted,
Our supplies can be maintained, although we may face difficulty in supplying
the East Bank of the Jordan, If the Suez Canal is closed, most supplies may
not be able to reach Aqaba. The Agency would then have to rely on transport
through Syria. The Agency's overriding difficulty will be shortage of money.
Its additional expenses cannot yet be assessed but they will be considerable.
It is assuming heavy additional burdens when it is already operating on a
budgetary deficit. The Agency is working in close liaison with Governments,
the United Nations Children's Fund, the International Committee of the Red
Cross, the League of Red Cross Societies and other non-governmental bodies
and voluntary organizations.
"12. The Agency's longer-term problems I propose to postpone for subsequent
report, but these I do not underestimate.
"13. In general and longer term, p resent circumstances clearly carry a grave
threat of increased hardship for the population of Gaza and the East Bank of
the Jordan, In the latter area the loss of the tourist trade, of remittances
from abroad and of much of agricultural and home industrial production is
bound to reverse hopeful trend towards economic independence, bringing in itr
train unemployment and increased pressure on available resources."
7” ,,liff7tli\
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I
UNITED NATIONS Disk.
SECURITY GENERAL
S/8OOl/Add..l*
COUNCIL 4 J-LILY 1-967
ORIGINAL: ENGLISH
NOTE BY THE SECRETARY-GENERAL SUBMITTING A SECOND REPORT
OF THE COMMISSIONER-GENERAL OF THE UNITED NATIONS RELIEF
:
AND WORKS AGENCY FOR PALESTINE REFUGEES IN THE NEAR FAST
The Secretary-General submits to the Members of the General Assembly and of
the Security Council the following second report on the humanitarian aspects of the
situation in the Middle East presented to him by the Commissioner-General of the
United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA):
"1. The purpose of this report is to supplement and bring up-to-date
my earlier report dated 18 June 1967. g My information is now more
comprehensive and, in addition to regular reports coming from Agency staff
in the various fields of operation, I have myself visited Amman on 28 June;
the Deputy Commissioner-General and the Director of Health have very recently
visited all the fields and the Director of Administration and Relief has
completed a special mission to the United Arab Republic.
?c Also issued under the symbolA/6723/Add.l
&/ Circulated on 20 June 1967 (A/6723 and s/8001).
.'
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67-15803
I? I
7
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-2- - -
"A. AREAS IN WHICH MAJOR HOSTILITIES OCCURRED
” (4 Gaza
Ilr
2. The Agency has virtually resumed its full services, including food
distribution, supplementary feeding programme, health services and sanitation
arrangements in the camps. The number of persons in need, and to whom the
Agency is providing emergency rations, is considerably in excess of those
previously registered with UNRWA. This is because many people have lost
their employment or sources of income (including remittances from abroad)
and have thus ceased to be self-supporting,
\
“3. There was a good deal of damage to property in the course of the
fighting and afterwards some shelter has been demolished, mainly at Jabaliya
and Rafa‘h, as reprisals for mining incidents. The Agency has already issued
instructions to begin rebuilding. Medical services for the wounded appear
to be satisfactory, but burial arrangements are not entirely satisfactory
and could pose a health hazard. Looting has not entirely ceased and some
considerable losses have occurred to stores of the United Nations Emergency
Force (Ul!?W) at Rafah, which were to be made available to UNRWA, if needed.
There is also a need for additional civilian police, particularly in the
middle camps. All these matters have been taken up with the authorities
and remedial action has been taken or is promised.
"(b) West Bank of the Jordan
“4. The situation generally appears to have ,improved and electricity and
water supplies and sanitation services have been restored to the Old City
of Jerusalem. Telephone ccamunications are still disrupted. The Agency's
normal pattern of services and distribution of foodstuffs and supplies has
been fairly well restored, but the large-scale movement of refugees, both
within and beyond the West Bank areas, to which I refer below, have
inevitably produced certain dislocations of our operations,
“5. The sitmtion of the hospitals has caused some concern owing to a
shortage of medical supplies and food.
“6. The Agency's shortage of transport, which was critical, has been
considerably alleviated by a temporary loan of vehicles from the Government
of Israel and, more recently, by the acquisition of a number of vehicles
previously used by UNEF.
I . . .
-3-
"(C) Southern Syria
“7. No Agency staff have been able to enter this area. It is *believed
that few inhabitants remain there.
"(cl) Movement of civilian population
“8. In Syria the total movement may be of the order
approximately 16,800 are Palestinians, of whom -11,200
area and 4,600 in the Deraa area.
of 80,000. Of these,
are in the Damascus
“9. The best estimate is that at least 150,000 persons have now left the
West Bank of the Jordan; of these, 80,000 to 100,000 may be former UERWAregistered
refugees. It is evident that, whilst movement appeared to have
virtually ceased about the middle of June, a 'second wave' began about
20 June, and in the last ten days perhaps 30,000 have crossed the Jordan.
In the Jericho area, with a total of 73,000 before the hostilities began,
only about 7,500 remain.
"10. There is also still some movement in the West Bank area. On 22 June,
I received reports 0% some 12,000 inhabitants of Qualquilya having moved
to the Nablus area. By 26 June, I had learnt that the Israel authorities
were prepared to -permit their return and this return has now taken place,
but some 40 per cent of their homes were either damaged in the fighting or
subsequently demolished, apparently because the Qualquilya area was the
site of gun emplacements from which the outskirts of Tel Aviv and other
targets in Israel were shelled by Jordanian artillery. The Mayor's estimate
of the cost of reconstruction was $1.4 million. Numbers of people also
moved from three border villages in the Latrun area into Ramallah. These
villages are still under military restriction and the inhabitants have not
yet been allowed to return. The extent of damage to their dwellings is
not known. In three other border villages in the Hebron area the inhabitants
also moved and have not yet been allowed to return. Many of their dwellings
are said to have been destroyed.
"(e) The Agency's problems in these areas
“11 l The Agency now has increasing freedom of movement within these areas,
although local staff are still subject to some restrictions, The losses of
vehicles are now being made up by re-deployment from other fields and by
taking over UNEF vehicles. Greater communication between headquarters in
Beirut an&these areas is now possible by courier-cars and may soon be
improved by the use of a small aircraft to be made available by the
generosity of the Canadian Government.
I
-s-
"12. The Agency's main concern is over food supplies. 'The disruption of
shipping caused by the closure of the Suez Canal has meant that ships have
off-loaded Agency flour shipments in places like Casablanca and Piraeus.
New arrangements have had to be made for re-shipment, but the consequent
delay in arrival has caused me great concern. The supply situation on the
West Bank is critical, and is likely to remain so until mid-July, but the
problem has been temporarily alleviated by a loan of flour from the Israel
authorities. Satisfactory arrangements for receiving new supplies through
the port of Ashdod have now been made with the Government of Israel so that,
from mid-July onwards, these present difficulties should be overcome. In
Gaza the situation is only slightly better and the Agency hopes to be able
to transfer considerable quantities of supplies, now immobilised in Port
Said, to Gaza. The Government of the United Arab Republic has already
given its agreement to this transfer.
"13. The inhabitants remaining in these areas could well face a
deteriorating economic plight in so far as employment and income have been
lost to them. Their plight has been accentuated by the shortage of
currency. Thus, the demand upon -the Agency's services may increase. There
will also be longer-term needs for reconstruction of the housing which has
been damaged - for which tents can be no more than a temporary substitute -
and for other Agency premises such as the extensively damaged building at
Mount Scopus and also schools and clinics elsewhere.
"B . AREAS IN WHICH NO MAJOR HOSTILITIES OCCURRED
"(a) Jordan
"14. Co-operation with the Government in dealing with the influx of
displaced persons has now reached a fairly advanced stage. In liaison with
a Ministerial Co-ordination Committee, a plan to set up some eleven tented
camps has emerged, of which UNRWA will organize and operate six. The
camps will take from 5,000 to 10,000 persons each, and movement from the
temporary shelter in schools and other buildings into the new camps has
already started. The sanitary conditions will be improved with the removal
to the new tented camps, Meanwhile, UNRWA has greatly expanded its
provision meals while the people are still accommodated in schools and
other public buildings. Once they move into the tented camps, the cooked
meals will be replaced by the issue of dry rations which the refugees will
cook themselves. However, UNRWA will continue the hot-meal programme in
supplementary feeding centres for children up to the age of fifteen and
will also supplement the basic rations to all recipients by an additional
protein issue (probably canned meat and milk powder),
-5-
"15. The Agency's main immediate needs are for tents, blankets, cooking
utensils, milk powder and animal protein.
basic commodities is good.
The Agency's supply position on
"(b) Syria
“16. Except for the area under occupation., the Agency?s normal services
are in operation. The Agency has agreed, following discussions with the
Syrian authorities, to exceed the established ration ceiling by 2,400. It
has distributed 5,000 blankets and established an expanded supplementary
feeding programme for children up to the age of fifteen. However, for the
majority of the 'new' refugees, not hitherto registered with UNRWA, the
Government is assuming sole responsibility. This contrasts with the
situation in Jordan where responsibility is more shared.
"17. For the Agency's own programme, immediate needs are for tents,
blankets, clothing and 'household kits'.
"(c) Lebanon
"18. The Agency's normal services are operating effectively,
"(d) United Arab Republic
“lg. Following a request from the Minister for Foreign Affairs, an Agency
mission visited the United Arab Republic on 29 June. There appear to be
some 6,000 newly displaced persons who are now in camps in Tahrir province,
of whom perhaps a half are said to have been expelled from Gaza since the
end of hostilities. However, an exact census has yet to be taken. The
camps are in fact villages which were previously unoccupied, having been
built for new settlers, and the general conditions which the governmental
authorities have established there are good. The camps are well-organized
and the people are given either food or money with which food can be
purchased nearby. The Agency presently has under study the question
of the methods by which it could best assist the Government of the
United Arab Republic in the care of these persons.
/ 0 . ,
-6-
"(e) The Agency's problems in these areas
"20. The Agency's immediate problems remain those of securing 'emergency'
supplies such as tents, blankets, clothing and cooking utensils. The
supplies of basic commodities such as flour, rice, sugar, cooking oil and
fats axe adequate although fox Jordan the supply position may deteriorate if,
because of the closure of the Suez Canal, the Port of Aqaba is less used by
shipping. Of course, the new feeding programmes and protein supplements
will require much additional food; some offers of food to meet these needs
have been received, and other supplies will have to be purchased and
imported.
"21, The calculations of precise quantities of 'emergency' supplies needed
must necessarily remain provisional. It has not so far been possible to
obtain accurate numbers of persons in need, or even to ascertain precisely
what stocks of supplies are available to Governments, but certainly in Jordan
the establishment of the eleven new tented camps will allow greater accuracy
of assessment.
"22. The Agency hopes soon to be in a position to give some account of the
estimated cost to the Agency of the emergency operations which it has
undertaken since the beginning of hostilities.
“C. CO-OPERATION BETWEEN THE AGENCY AND OTHER ORG&NIZATIONS,
INTER-GOVER?SMENTAALN D NON-GOVERNMENTAL
"23. The Agency has already begun co-ordination of its own programmes of
assistance with those planned by the United Nations Children's Fund (UNICEF)
and a joint mission of the Food and Agriculture Organization of the United
Nations and the World Food Programme, and detailed discussions between
representatives of the Agency and of these oxganizations have already taken
place. In outline, it is expected that these organizations will provide
assistance to persons not pxeviously registered with UNRWA, and some,paxt
of the increased quantities of food for the supplementary feeding programmes
which the Agency is maintaining in addition to its normal food programmes.
Assistance by UNICEF will be related to the numbers of mothers and children.
“24. The Agency has also been in consultation with the International Committee
of the Red Cross, the League of Red Cross Societies, National Refugee Councils,
Caxitas, the Oxford Committee fox Famine Relief and many others and has
established at its own headquarters in Beirut a centre fox co-ordination.
"D. PROSPECTS FOR THE RETURN OF REFUGEES UNDER SECURITY COUNCIL
RESOLUTION 237 (1967) OF 14 JUNE 1967
"25. The Commissioner-General and his Deputy have on two occasions discussed
with the Government of Israel the question of allowing the displaced persons
to return and have emphasized that the Agency can best serve the needs of
the xefugees in their established camps in Gaza and on the West Bank of the
Jordan. Moxeover, conditions in the purely temporary accommodations on
/ . . .
-7-
the East Bank were such that a potential health hazard existed, and this
could be avoided by a speedy return to their former habitations.
“26. Following consultation with the Secretary-General, and having heard
the announcement of the Government of Israel on 2 July that the return of
refugees to the West Bank, under conditions to be specified, would be
permitted until 10 August, the Commissioner-General has issued an aTpea
that further flight should stop and that those who had already fled should
return. The Agency has announced its readiness to do all in its power to
assist.
"27. The return of substantial numbers to the West Bank will necessitate a
re-assessment of the need for emergency tented camps on the East Bank and
of needs generally. The Agency therefore has .to retain the utmost
flexibility in all its planning. It will enter into consultation with
all the parties affected by this announcement so as to facilitate the
return in the most humanitarian and orderly way possible."
UNITED NATIONS
SECURITY
COUNCIL
Distr.
s/8124*
18 August 196-l
ORIGINAL: E
RlECRTBYTHESRCRETARY-GRIERALIJRDRRGRRRRALAS~LY
RESCLWrIOW 2252 (Es-v) AWD Ez!mmmY CODNCIL RSSOLCTSON
237 (1967)
1. At its 1$&h plenary meeting, on 4 July 1967, the General Assembly adopted
resolution 2252 (ES-V) on humanitarian assistance with a view to alleviating "the
suffering inflicted on civilians and on prisoners of war as a result of the recent
hostilities in the Widdle East". In paragraph 10 of that resolution, the Assembly
requested the Secretary-General, in consultation with the Commissioner-General of
the United Nations Relief and Works Agency for Palestine Refugees in the Near
East (DNRWA), to report urgently to the General Assembly on the needs arising under
paragraphs 5 and 6 of the resolution. In these paragraphs the Assembly endorsed
the efforts of the Commissioner-General of DNRWAto provide assistance on an
emergency basis and as a temporary measure to persons other than DNRWA refugees who
are at present displaced and in serious need, and welcomed the close co-operation
of DNRWA and other organizations concerned for the purpose of co-ordinating
assistance.
2. In its resolution 237 (1967) CP 14 June 1967 relating to the alleviation of
the sufferings of civil populations and prisoners of war in the area of conflict,
the Security Council requested the Secretary-General to follow the effective
implementation of the resolution and to report to the Security Council. With that
end in view, the Secretary-General sent Mr. Nils-GSran Gussing to the Middle Fast
in early July to obtain on the spot the information required for the effective
discharge by the Secretary-General of his responsibilities under paragraph 3 of
Security Council resolution 237 (1967)Y
* Also issued under the symbol ~/6787.
L/ See S/8021.
67-19186 / . . .
3. The present report is based upon information received from the Commissioner-
General of UNRdA and from interim reports received from Mr. Gussing. The
Secretary-General felt that it might be useful for Members to have at this stage
some additional information on the humanitarian aspects of the situation in the
Middle East.
Categories
4. The categories of persons to whom General Assembly resolution Z!52 (ES-V)
refers are, first, the refugees who lost their homes in the conflict of lglf8 and
who were registered as eligible for URRUA assistance before the recent hostilities
began and, second, the newly displaced persons.
5. The second category includes a large number of the refugees rrho lere
displaced from their homes in the 1948 conflict and who have now been uprooted
for a second time. It also includes a large number of persons who were not
previously registered with URRWAfo r the reason that they had not lost their
homes and livelihood in the conflict of 1948. Finally, it includes an
intermediate group of persons who became refugees in 1948, in the sense that
they lost their homes and all or part of their property, but who were never
registered with IJRFWA because they were able to fend for themselves.
6. The greater part of the newly displaced persons are those who moved from the
west bank of the Jordan to east Jordan during and after the recent hostilities,
virtually all of whom were of Palestinian origin. But more than 100,000 people,
including sane 17,000 Palestinian refugees registered with URRWA, moved from the
now occupied part of Syria into non-occupied areas. Moreover, within the west
bank area some displacement of people occurred, particularly from the border
villages, although most of these people have remained on the west bank. However,
in all these cases the people were still to be found within the existing area
of the Agency's operations. A different case is that of the people who are now
within the territory of the United Arab Republic, which was not previously a
territory within which the Agency operated relief services. The majority of
these people have moved from Sinai, but there are also some 3,OGG registered
refugees from Gasa. URRWA has regarded this group as falling under paragraph 6
of the resolution, and, by arrangement with the Government of the United Arab
Republic, the Agency has agreed to assist with food supplies for this particular
group. I
-3-
7. In practice, UNRWA has not been requirea to cater for the needs of sll.
persons potentially falling Sunder its mandate by virtue of paragraphs 5 and 6
of General Assembly resolution 2252 (ES-V). The Governments concerned, other
United Nations agencies and a number of non-governmental organizations have borne
a large part of the burden. In any case, the Agency's ability to cope with the
newly displaced persons was clearly subject to practical limitations and this was
recognized specifically by the terms of paragraph 6 of the resolution.
a. The needs of the persons referred to in paragraphs 5 and 6 of the
resolution are of three different kinds: first, there is the temporary,
presumably short-term, need for emergency relief to enable them to survive in
the conditions immediately arising from the recent hostilities; second, there is
the continuing need of the registered refugees for the services which UNRWAh as
provided for the past seventeen years - a need which may extend also to other
displaced persons if the present state of affairs is prolonged; and third, there
is a potential long-term need for an expanded programme of rehabilitation for
those persons, both registered refugees and newly displaced, whose capacity to
support themselves has been adversely affected by the outcome of the recent
hostilities. It will. be appreciated that, at the present time, it is not possible
to define the temporal extent of the first of these three needs. That depends,
to a large degree, on whether the newly displaced persons in Jordan, Syria and
the United Arab Republic will be able to return to their former places of
residence and will wish to do so. So far, the arrangements for return, now
under discussion, relate only to the west bank of the Jordan. Under the auspices
of the Red Cross, agreement was reached on 6 August between Israel and Jordan on
the repatriation of refugees to the west bank, and the date fixed for the return
of refugees to the Irest bank has been extended to 31August. The most recent
information is that some 32,OOG families, totalling an estimated 160,000 persons,
had submitted applications to return to the west bank as of 16 August and that
facilities for receiving applicatione were being kept open. It was hoped that
movement back to the west bank might start on 18 August. UNRWAh as prepared a
transit camp on the east bank to facilitate this movement. The scope and
duration of the third, longer-term, need will be materially affected by the
numlm of persons who return to their former places of residence and the
decisions which msy be reached regarding the status of areas now occupied
by Israel.
9. This report has been prepared in the context of existing circumstances in
order to indicate what the additional needs may be, if and for as long as
these circumstances continue. This does not, of course, imply any judgement
on the political issues involved.
10. By the beginning of August 1967, two months after the hostilities in the
Middle East had begun, the mediate minim&l needs of the persons displaced during
and after the hostilities for food, shelter end health services were being met,
but the arrangements were still precarious end needed strengthening and
regularizing. Co-ordination of efforts to meet these needs was steadily
improving and wasteful duplication seems to have been avoided.
11. The number of refugees registered with mA who had moved, during or after
the conflict, was estimated at ll3,OOO of whom the largest number - about
93,000 - had moved from the west bank of the Jordan River to the east bank.
Another 17,000 had moved from the southwestern corner of Syria to the areas
of Damascus and Deraa, and some 3,OCO former residents of the Gaza Strip were
in the United Arab Republic.
12. Persons not previously registered with UNRWAm oved in even larger numbers -
some 210,000. The number of persons who had moved from the western to the
eastern side of the Jordan was believed to be about 85,000, from the southern
part of Syria to Damascus and Deraa about 90,000, snd from Sinai westward across
the Suez Canal a further 35,000.
13. Many Governments end orgadzations have sent food, medical supplies, tents,
blankets and other help. Some of this assistance has taken the form of bilateral
aid, some'has been channelled through UNRWAa nd the Red Cross and Red Crescent
organizations, and some has been distributed by voluntary agencies. Major
assistance in feeding persons not previously registered with UNRWA has been
authorixed by the Food and Agriculture Organization of the United Nations (FA01
and the World Food Programme, and UNICEF has been helping with food and support
for health activities. Both these programmes are understood to be of limited
duration, for a period of between three and six months.
I . . .
-5-
14. Special additional. help has tallen various fozms. Food was distributed by
UNDA to its regular beneficiaries, including those who were displaced in Jordan
and Syria. The number of rations i-sued was temporarily increased by lOQ,OOO
in the Gasa Strip, Syria, the west bank and east Jordan. In addition, UNFIWA
distributed government supplies to non-UNRWA displaced persons in east Jordan,
in anticipation of the supplies to be provided by FA0 and the World Food
Programme, and the Government of Syria provided food to displaced Syrians.
In the United Arab Republic, assistance was given by the Government, and help
was also provided by UNRWA, FA0 and the World Food Progranrme, and UNICEF.
15. Hot meals and milk were provided by UNRWAto some 50,000 additional persons,
and food-stuffs were provided by UIEWA on arz emergency basis to hospitals and
institutions. For the displaced, canned meat and CSM (corn-soya mixture) was
added to the monthly ration.
16. Temporary shelter has been provided to 65,000 persons in eight tented camps
in Jordan, by the combined efforts of UIVFMA, the Government and other
organizations, and tents have been made available for some of the displaced
persons in Syria. In the camps the water supplies were improved and protected,
and latrines were constructed.
17. If the return of the displaced persons in east Jordan and Syria to their
former dwellings is delayed, a large and costly need will arise to replace with
more durable shelter many of the tents already erected, since these are small
and light and will. not provide adequate protection during the severe winter
weather in these areas. The total cost might exceed $1 million. .
18. Health services continued to operate throughout the emergency and were
quickly re-established on a normal basis. Medical facilities were made available
to additional groups in need, with the help of UNICEF and other organizations.
Inoculation campaigns were instituted. Clothing, blankets and family kits of
basic household utensils were issued.
19. The additional services being provided by IJNRWAh ave increased its
expenditures at the rate of several million dollars a year. It should be noted
slso that UNRWAh ad been facing a deficit for 1967 of about $4 million before
the hostilities, which would have forced a reduction in services unless additional
income were received. These services are now more necessary than ever, and
must be maintained.
I . . .
-6-
20. There still remains the large task of repairing and reconstructing damaged
buildings and of replenishing equipment and supplies that have been lost. The
cost to UNRWA of this repair and replacement is still being studied, but it is
expected to total nearly $lmillion. This additional burden has been superimposed
on a budget which already, for the fourth year in succession, showed a massive
deficit. Solution of the longer-term problem of putting the regular financing
of the Agency on a sounder footing remains an urgent necessity.
Continuing services
21. The Agency's administrative framework - staff, transport, supplies and
installations - emerged from the period of hostilities in better condition than
might have been expected, and within a short time food and health services were
again being provided to registered refugees in all areas. These services are now
operating more or less normally. It is still too early to estimate the increase
in these services that will be needed or the additional financial provision that
UNRWA will be required to make. Much of the emergency help provided by
Governments, international organizations like FA0 and the World Food Programme,
UNICRF and the Red Cross, and other agencies may not extend beyond the first few
months, and it is probable that UNRWAw ill be required to face the continuing
needs; the financial burden could amount to about $10 million annually.
22. In the next few weeks, a major effort will be required to reopen the schools
and training facilities. This will impose a heavy burden both on the Governments
concerned and on UNRWA.
23. In Lebanon, no special problems are foreseen in this connexion.
24. In Syria, the UNmA schools in the Damascus area are still occupied by
displaced persons and must be cleared in time for the next school year. This
will depend on either the return of the displaced persons to their former homes
in the south of Syria or the provision of other temporary accommodation,
presumably in tented camps. The training centre at Roma is also occupied by
Syrian refugees from the south. The vocational training centre near Damascus
has already been reopened and all but one of the previous trainees are back
at work there.
I 1..
-7-
25. In east Jordan, the schools previously occupied by displaced persons have
now been cleared and should be ready for use when the new school year begins.
Three of the Agency's training centres (the Kalandia vocational training centre,
the merits teacher training centre at Ramallah and the women's combined teacher
and vocational training centre, also at Ramallah) are situated on the west bank.
They formerly served the whole refugee population in Jordan - indeed, the
Ramallah women's centre also admitted a number of trainees from the other three
host countries - but, in present circumstances, it seems unlikely that they
will be able to admit trainees from east Jordan. UNRWA accordingly would like to
open two temporary training centresin east Jordan, one to serve as a men's
teacher training centre and the other as a combined teacher and vocational
training centre for women. The existing vocational training centre for boys
at Wadi Seer (near Amman) will also be available to serve the needs of the
registered refugees in east Jordan.
26. On the west bank, discussions are under way between the Government of Israel
and UNRWAw ith a view to resuming the operation of UNRWAs chools and training
centres. In Gaza, the vocational training centre has already been reopened and
the schools will reopen in September. Plans for the expansion of the Gaza
vocational training centre were worked out with the United Arab Republic
authorities before the recent hostilities and the Agency hopes to be able to
go ahead with these plans with a view to increasing the capacity of the centre
from 368 to 568. The training centres on the west bank and in Gaza emerged
unscathed from the hostilities.
27. Much work will have to be done in repairing and rebuilding school premises
and in replacing furniture and equipment which was destroyed or lost during
and after the hostilities in Gaza and on the west bank. Until this work is
completed, there will inevitably be an increase in the double shift system of
classes in the schools affected. Considerable numbers of locally recruited
Agency teachers have been displaced from both the west bank and Gaza and,
unless they are allowed to return, UIihWA will face a serious shortage of trained
teaching staff,
28. For the newly displaced persons in Jordan and Syria some temporary provision
of schools will be necessary pending their return to their former dwellings,
-0-
In east Jordan about 230 marquees are available for this puzpse and furniture and
equipment are being prepered. Whether this will suffice depends on how many of
these persons will be able and willing to return to west Jordan; but, in the
prevailing uncertainty, it seems to URRWAthat this represents a reasonable
provision for emergency schooling.
29. In Syria arrangements are being made to move into tents the URRWA refugees
nou accommodated in school buildings. Rut the intentionsof the Govertwaent in
regard to the much larger number of Syrian refugees now living in schools are not
yet known.
Longer-term rehabilitation
30. The recent hostilities have had the effect of separating the west bank of the
Jordan from the rest of Jordan, the Old City of Jerusalem from the remainder of
the west bank, the Gaza strip from the United Arab Republic (to which Gaza had been
linked economically as well as politically for the past nineteen years) and the
&uneitra area in the south of Syria from the rest of that country. The economic
effect of these separations on the population - both refugee and non-refugee -
of the areas in question must be far-reaching, even if not as yet precisely
definable. There are at present too many uncertainties and imponderable6 for
anyone to venture an answer to the question of how a continuation of the present
state of affairs may affect the capacity of the inhabitants of the areas concerned
to support themselves and, hence, may affect their need for help in rehabilitating
themselves. Rowever, some preliminary comment may be helpful with a view to
indicating the nature and dimensions of the problem in the area, namely east Jordan,
where the economic impact of recent events has been most severe.
31. In discussing the effect which the separation of the west bank from east Jordan
may have on the prospects of rehabilitation for the refugee community in east
Jordan, It seems necessary first of all to correct the misconception that prevails
in many quarters outside the Middle East that for the past nineteen years the
Palestine refugees have been "rotting in idleness" in the camps established by
URRWA. In truth, one fifth of the refugees from the 1948 conflict re-established
themselves in the Arab world by their own efforts and have never been a charge on
URRWA. !Phe remainder were, for the most part, poorer people of farming stock and
it was their misfortune that the countries where they found refuge already had a
-9-
surplus of locally born peasant farmers and already faced grave problems in ensuring
a livelihood for their own citizens. Even so, many of these poorer refugees found
homes for themselves in the towns and villages of the host countries and the
number of refugees living in the UNFdlA camps has never exceeded k0 per cent of the
total refugee population. Moreover, it is quite misleading to assume that because
the camps remained and, in fact, grew in size and because the refugees continued to
live in them, no progress was being made towards the economic rehabilitation of the
camp inhabitants. This misconception seems to derive from experience in dealing
with the refugees in Europe, where great empbasis was placed on clearing the camps
as evidence of rehabilitation. Such ideas were not applicable to the problem of
the Palestine refugees since, unless they were allowed to return to their former
homes, there was nowhere else for the refugees living in the UNRWA camps to go. In
the circumstances existing and in the absence of a political solution, the best
they could hope for in this respect was a gradual improvement of the living
conditions in the camps, and this is in fact what has been taking place - sometimes
to a marked degree, particularly where the camps were located in areas in which
good opportunities for employment existed. Some of the refugee camps, indeed, had
developed into thriving communities, even though they were still at a fairly low
social and economic level and still contained many families living on the edge of
subsistence.
32. For the first few years after 1948 there was no doubt some truth in the idea
that the refugees living in the UNRWA camps were stagnating in enforced idleness.
But for many years past, any generalization of this kind has not corresponded to
the facts. Although on the political plane the problem of the Palestine refugees
has, regrettably, remained hopelessly deadlocked, on the social and economic plane
much solid and undeniable progress has been made in improving their condition.
This progress has been primarily due to three factors: first and foremost, the
rapid economic development of the Arab host countries and of the Arab world generally
in recent years; second, the energy, intelligence and adaptability of the refugees
themselves, who have fortunately shown themselves to be eager for work and very
capable of profiting by any opportunity given to them; and third, the education and
training which the host governments, various voluntary agencies and UNRWA have
been able to give the young refugees to enable them to take advantage of any
opportunities of employment that might come their way. A subsidiary but not
-lOunimportant
adjunct to these principal factors in the rehabilitation of the
refugees has been the economic aid supplied by UNRWAin the form of rations, shelter
and other relief services. The regular provision of this relief assistance over
an extended period, even though on a meagre scale, has certainly helped the refugees
not merely to survive but to recover their capacity to support themselves.
33. It is true that it has not proved possible for UIE37A to reflect adequately
the extent of this rehabilitation in its published statistics of the number of
refugees who have been rendered self-supporting and from whom relief assistance has
therefore been withdrawn. But, however regrettable this may be - and, in fairness
to UNFMA and the Arab host Governments, the difficulty of measuring degrees of
progress in economic rehabilitation among a mass of people living not much above
subsistence level needs to be recognized - it does not alter the reality of the
progress that had been made.
34. In Jordan, official and authoritative statements have been made in recent
years indicating not only a very high level of economic growth for the country as
a whole but also suggesting that the problem of unemployment and underemployment
which has chronically beset the Jordanian economy was within sight of solution.
These statements implied that within a few years Jordan, in spite of its not having
been endowed with abundant natural resources, might look forward to becoming
economically viable and independent of external aid. This could only mean that,
in common with the other citizens of Jordan, the ~0,000 refugees, representing
over half of the whole population, were rapidly achieving the capacity to Support
themselves and, hence, that the social and economic aspects of the refugee problem
in Jordan, though not the political, were well on the way, if not to a solution, at
least to a partial remedy.
35. This hopeful trend towards the social and economic rehabilitation of the
refugees has, for the time being at least, been not merely arrested but actually
reversed by the economic consequences of the recent hostilities. The capacity of
the whole population in east Jordan to support themselves can only be adversely and
gravely affected by the state of affairs resulting from the war. Those affected
will be not only the newly displaced persons from the west bank but also many of
those persons, both refugee and non-refugee, who were living on the east bank before
the hostilities began and whose livelihood depended either directly or indirectly
on economic activity located on or associated with the west bank. It seems probable
/ . . .
-llthat
the refugees, both those newly displaced and those formerly residing in east
Jordan, will feel most severely the impact of the disruption of the Jordanian
economy, since their economic base is in general more precarious than that of the
permanent residents of east Jordan.
36. Fiemedialaction, if it becomes necessary, to promote the rehabilitation of
those affected will have to be on a massive scale and, even so, the task of providing
a decent livelihood for a ppulation of some l,25O,OOO in east Jordan, where so
much of the land is desert and unproductive, is likely to prove extremely difficult.
!Che main element in a prograavae of remedial action would have to be labourintensive
capital projects and the development of agricultural and water resources.
An expansion of education and training in order to put to productive use the
surplus of human resources which has accumulated in east Jordan would be a second
important element.
37. The role which UNRNA in particular might play would lie in expanding and
improving its education progranrne and training facilities for the refugees in east
Jordan. A recent survey (carried out before the hostilities) indicated that,
throughout the whole area of its operations, GNRWA could put to very beneficial use
about $lG.5 million of capital and about $7 million of recurrent expenditure in
improving its educational programme (over and above the $16.5 million which it is
currently spending on its existing educational services), with particular emphasis
on equipping as many as possible of the young refugees for productive employment.
About one third of this expenditure would be required in east Jordan.
38. Go many uncertainties overhang the future of the people living on the west
bank that it is impossible at this stage to express even in general terms how their
capacity to support themselves, and hence, how their need for help towards that
end may have been affected by recent events. But it is possible that a large
programme of economic development may be necessary there also.
59. In Gaza, a problem which was basically 'insoluble in the conditions existing
before the recent hostilities may have been rendered even more intractable by
recent events. But again many uncertainties overhang the future of the people
living there and render prediction futile at this stage. In this context, it
should perhaps be mentioned that there are reports of some organized visits in six
fifty-seater buses of refugees from Gaza to the west bank, for which the Israel
/ . . .
authorities accept applications. !lherearefurtherunconfirmedreportstbatscme
Of the refugees on these visits do not return from the west bank to Gasa, and
that some in fact even reach the east bank. Even before the recent hostilities
it was Clear that, if there was ever to be a solution of the problem of the refugees
in Gaza, some political decision about their future would be required, and they
would need generous help in re-establishing themselves.
4. It is by no means clear whether the longer-term tasks of rehabilitation will
' fall directly on the United Nations, especially UNRWA, on the specialized agencies,
on the Governments directly concern& or on voluntary agencies. There is,
however, an obvious need for a restatement of the essential nature of these
longer-term measures and for an examination of bow these tasks can be undertaken.
Activities of the Special Representative of the Secretary-General
41. Mr. Nils43ran Gussing, Special Representative of the Secretary-General, has
now visited all of the countries with which he is concerned and bas taken up a
number of problems with the appropriate authorities. In Israel the Special
Representative held consultations with the Minister for Foreign Affairs, the
Minister of Defence, the Chief of Staff of the Armed Forces and the Deputy Director
of the Ministry for Foreign Affairs. On his first visit to Israel, he visited the
Old City of Jerusalem, Nablus and the prisoner-of-war camp of Athlit. He also
examined with the Israel Government the problem of the return of the refugees from
the east bank of the Jordan River to the west bank. Mr. Cussing has made a second
visit to Israel and visits in detail to the areas under Israel OCCUptiOn.
42. On his visit to Syria, Mr. Gussing's programme included consultations with
the Prime Minister, the Minister and Secretary-General of the Interior, the
Secreta&-General of Foreign Affairs and representatives of the United Nations
Development Programme, the Israel-Syrian Mixed Armistice Commission, the
International Committee of the Red Cross, UNRWAa nd the Syrian Red Crescent. He
also visited temporary accomodations for refugees in Damascus, whose numbers are
estimated at between 105,000 and 110,000, including 16,000 UNRWAre fugees. In
addition, he has discussed various aspects of the refugee problem with the Syrian
authorities.
43. In Jordan, the Special Representative held consultations with the Prime Minister,
the Minister for Foreign Affairs and the Inter-ministerial Committee for Refugee
-13-
Affairs, as well as with representatives of the United Nations DeveLopme& Programme,
the International Committee of the Red Cross, the League of Red Cross Societies,
the Red Crescent and IJRRWA. He visited refugee camps in different parts of the
country, including new camps set up by URRWAa nd an old GWRWAca mp which has been
extended to hold new refugees. Re discussed with the Jordan Government, among
other matters, the question of the return of refugees to the west bank and the
modalities of that return.
44. Prior to his visit to Egypt from 26 to 29 July 1967, Mr. Gussing met with the
representative of the International Committee of the Red Cross in Cyprus. In
Egypt, he held consultations with the Under-Secretaries of State for E'oreign
Affairs and the representatives of the United Nations Development Programme and the
International Committee of the Red Cross. He visited refugee camps and also eight
of the ten Israel prisoners of war held in Egypt.
45. Mr. Gussing*s first round of visits to the countries principally concerned has
provided an opportunity for the Governments to express their views and list their
complaints and for him to receive requests to visit particular localities and areas.
He has also given consideration, during his consultations with the Governments in
the area, to the question of the status and well-being of minority groups in the
various countries concerned. Mr. Gussing plans to complete a second and
comprehensive round of visits by the end of August, at which time he expects to be
in a position to prepare his final report to the Secretary-General, with a view to
submitting it by mid-September.
/
/
_ N/TED NATIONS
ECURITY
,@O UNCIL ;p
Distr.
GENl3RAL
s/8124/Corr.l*
21 August 1967
ORIGINAL: ENGLISH
REPORT OF TKE SECRETARY-GENERAL UNDER GENERAL ASSEMBLY RESOLUTION
2252 (ES-V) AND SECURITY COUNCIL RESOLUTION 237 (1967)
Corrigendum
Paragraph 34, ninth line
For "whole population" read "whole refugee population".
* Also issued under the symbol A/6787/Corr.l.
67-19285
/UNITED NATIONS .
:SECURITY
1 COUNCIL
Disk. GENERAL ,t
s/8146*
12 September 1967 -;
ORIGINAL: ENGLISH '-'-,
REPORT OF THE SECRETARY-GENERALU NDER GENERALA SSEMBLY
RESOLUTION 2254 (ES-V) RELATING TO JERUSALEM
CONTENTS
INTRODUCTION Q . . . . . . . . . . . . . . , . . . . . , , . .
PART ONE - THE SITUATION IN JERUSALEM
I. Mission of the Personal Representative
A. Delimitation of the inquiry . . . . . . . y a . . .
B. Conditions under which the mission was
carried out . . . . . . . . . . . . . . . . . . . .
II. Geography and external aspect of the city
A. Geography . . . . . . . . . . . . . . . . . . . . .
B. Population . . . . . . . , . . . . . . . . . . . . .
C. External aspect of Jerusalem . . . . . . . . . . . .
III. Structure of the municipal authorities
A. Situation in the Jordanian sector of Jerusalem
before June 1967 . . + . . . . . . . . . . . . . . .
B. Situation since June 1967 . . . , . . . . . . . . .
C. The administration of the municipality . . . , . . .
* Also issued under the symbol A/6793.
67-2077s
Paragraphs
l- 4
5- 9
10 - 12
13
14 - 18
19 - 21
22 - 25
26 - 27
28 - 32
Page
1'
2
3
3
5
6 ,’
-ii-
CONTENTS (continued)
Paragraphs Page
IV. Measures taken by the Israel Government in order to
integrate the parts of the city which were not under
Israel control before June 1967
A. Preliminary remarks ................
B. Israel legislation affecting East Jerusalem ....
C. Physical measures and civilian services ......
D. Budgetary figures for East Jerusalem .......
E. Economic measures .................
F. Measures concerning the judiciary .........
G. Educational situation ...............
H. Press .......................
V. The situation in Jerusalem as described by Arabs
A. Preliminary remarks ................
B. Arab information on population figures ......
C. Arab complaints ..................
D. General objections ................
VI. The attitude of the representatives of the various
religious communities .................
VII. The Secretary-General's remarks ............
PART TWO - IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION
2254 (ES-V) ...................
ANNEXES
33 - 37 7
38 - 43 8
44- 60 9
61 - 63 11
64 - 96 12
97- 98 18
99 - 104 18
105 19
106 - 1~8 20
109 20
110 - 129 21
130 - 133 24
134 - 150
151 - 152
153 - 155
25
28
29
I. DOCUMENTS SUBMITTED TO THE PERSONAL REPRESENTATIVE OF THE
SECRETARY-GENERAL BY ARAB PERSONALITIES . . . . . . . . . . . . . .
II. DOCUMENTS SUBMITTED TO THE PERSONAL REPRESENTATIVE OF THE
SECRETARY-GENERAL BY ISRAEL AUTHORITIES . . . . . . . . . . . . . .
III. LIST OF PERSONALITIES INTERVIEWED BY THE PERSONAL
REPRESENTATIVE OF THE SECRETARY-GENERAL . . . . . . . . . , . . . .
MAP
31
59
76
I . . .
-l-
INTRODUCTION
1. In its resolution 2254 (ES-V) adopted on 14 July 1967 relating to Jerusalem,
the General Assembly requested the Secretary-General to report to the Security
Council and the General Assembly on the situation and on the implementation of the
resolution. In a note dated 14 August 1967, which was circulated to the Secur..ty
Council (S/8121 and Corr.1) and to the General Assembly (A/6785 and Corr.l), the
Secretary-General announced that he had appointed Ambassador Ernest0 A. Thalmann
of Switzerland as his Personal Representative in Jerusalem for the purpose of
obtaining information on the situaticn as a basis for his report to the Security
Council and the General Assembly.
2. The terms of reference for the mission which was entrusted to Ambassador
Thalmann were laid down in the Secretary-General's letter of 12 August 1967,
as follows:
"I am glad to know that you are willing to undertake, and that your
Government is prepared to make you available for, the special ad hoc
assignment as my Personal Representative in Jerusalem for the purpose of
obtaining information in order to facilitate my report to the Security
Council and the General Assembly. The General Assembly, in paragraph 3 of
its resolution 2254 (ES-V) of 14 July 1967 'requests the Secretary-General
to report to the Security Council and the General Assembly on the situation
and on the implementation of the present resolution' . . . That part of my
report relating to the implementation of the resolution will consist of the
written reply to my note about the resolution dated 15 July 1967...
which the Government of Israel has promised to address to me. Your
concern, therefore, will be exclusively with the gathering of information
'on the situation' in Jerusalem which I may, in turn, use in my report to
the Council and the General Assembly.
"I would wish you to gather as much information as you reasonably
can within a period of two weeks on the situation in Jerusalem, by which
is meant specifically conditions relating to the assumption of control by
Israel authorities over the entire city of Jerusalem, Thus, a major part
of your attention would be directed to the situation in the Old City of
Jerusalem, with specific reference to the status and treatment of Arab
residents and their property and the situation of all of the Holy Places
in Jerusalem.
"Your function, thus, is to obtain information only and involves no
responsibility on your part for any negotiations or for the implementation
of the General Assembly resolution.
"At my request, the Government of Israel has Given assurance that it will
co-operate with your mission and will give you all necessary facilities and
information."
-2-
3* Ambassador Thalmannls mission constitutes the sole independent source of
information of the Secretary-General for the report on the situation in Jerusalem
requested of him by the General Assembly and, therefore, part one of this report
is based upon the information gathered by Ambassador Thalmann during his visit to
Jerusalem.
4. Part two of the report, dealing with the implementation of General Assembly
resolution 2254 (ES-V), is based on the information supplied by the Government of
Israel.
PART ONE. THE SITUATION IN JERUSALEM
I. MISSION OF TRE PERSONAL REPRESEI'!TATIVE
A. Delimitation of the inquiry
5* In accordance with the terms of reference, the Personal Representative
restricted his inquiry to Jerusalem. For the purposes of the investigations,
Jerusalem was understood to include both those parts of the city which were under
Jordanian control before June 1~67 and those under Israel control. It was also
understood to include the former no man's land and the rural areas which Israel
has included in the municipality of Jerusalem. For exclusively practicai reasons,
particularly brevity, and with no other connotations, the expressions "East
Jerusalem" and "West Jerusalem" are used to designate the parts formerly under
Jordanian and Israel control, respectively.
6. It would no doubt have been desirable to set current conditions in
Jerusalem against their historical background. This was not possible, however, in
the short time available.
7. During the Personal Representative's visit to Jerusalem, Arab personalities
handed him a number of memoranda, petitions and statements, some of which went
beyond the purely factual conditions and consequently beyond his terms of
reference. It is nevertheless considered appropriate to reproduce some of these
documents as annexes because, taken as a whole, they reflect an attitude which
forms a part of the facts that are the subject of the investigations (see annex I).
/ . . .
-3-
a. The Israel authorities supplied a substantial amount of documentation, which
could not be fully evaluated in this report. Some documents, which are helpful
for an understanding of the factual conditions, are also annexed to the
report (see annex II).
9. It should be noted that conditions in Jerusalem are in a state of rapid flux.
Certain of the observations in this report may therefore have been partially
overtaken by events.
B. Conditions under which the mission was carriea out
10. The Personal Representative arrived at Tel Aviv on 21 August 1967 and
proceeded the same day to Jerusalem. He was able to carry out his investigations
in an orderly atmosphere and the Israel authorities offered him various material
facilities such as transportation and technical arrangements.
11. The Personal Representative was free to move about and to meet the various
personalities whom he wished to see and to talk with them privately when he
desired to do so. He met a great number of Israel officials, Arab personalities
and representatives of the various religious communities. The most important
names are contained in the lists in annex III.
12. Ambassador Thalmannleft Jerusalem on 3 September and arrived in New York on
the evening of 4 September.
II. GEOGPAPRYA ND EXTERNAL ASPECT OF THE CITY
A. Geofzranhv
13. As a result of the assumption of control by the Israel authorities over
East Jerusalem, the municipal area of West Jerusalem was expanded by over 60 square
kilometres to a total exceeding 100 square kilometres, 12 map prepared at
the Personal Representative's request by the Israel municipal authorities and
annexed to this report shows the claim.-il boundaries of the extended municipality
and other lines relevant to an understanding of the present situation.
/ . . .
-4-
B. Population
14. Since the occupation, a census was carried out in East Jerusalem by the
Israel authorities. This shows that the approximate population of the area
is '70,000, o_' whom 28,000 (or 40 per cent) reside'in the Old City and &,OCO
(or 60 per cent) outside the walls.
15. The clistribution of population according to religious denomination is as
follows:
Muslims . . . . . . . . . . . . . . . 81.0 per cent
Catholics . . . . . . . . . . . . . . 8.1 per cent
Orthodox . . . . . . . . . . . . . . 6.5 per cent
Armenians . . . . . . . . . . . . . . 2.4 per cent
Others . . . . . . . . . . . . . . . 2.1 per cent
16. The population of West Jerusalem is approximately 200,000, practically all
of whom are Jews.
17. According to the International Committee of the Red Cross, about 7,000
refugees left the Jerusalem area. So far only a few persons have returned.
18. According to the figures of the Jordanian Census of 1 and 3 July of this
year, 7,791 persons (including 1,201 householders) left the Jerusalem area. Arab
sources consider that these figures are too low and that they represent only about
70 per cent of the real total of the refugees.
C. External aspect of Jerusalem
19. Curing his visit, the Person&L Representative wac struck by the great
activity in the streets of the city.
20. The uniforms were few and the weapons fewer. The military policemen went
about their duties in a matter-of-fact way. They appeared to be mostly concerned
with directing the traffic, which was quite heavy. The picture of the crowd in the
Old City was dominated by the tourists. Arabs and Jews were mingling. To the
destruction of the war new destruction had been added. Bulldozers had cleared the
walls which separated the fSring lines, as well as many houses in the area of the
former no man's land. Also in the wallea city one could see the debris of
levelled houses.
/ . . .
-5-
21. There was direct access to the Old City through many newly made roads and
through the reopened gates. Outside the walled city the scars of battle were
more noticeable. Also a number of shops were closed. Most of the hotels had
reopened Before dawn and durin& the day the muezzin could be heard as well
as the church bells.
III. STPiUC'IUREO F THE:N NICIPAL AUTHORITSJB
A. Situation in the Jordanian sector of
Jerusalem before June 1967
22. Svery citizen who had reached the age of eighteen and who paid municipal
taxes of at least one Jordanian dinar a year was eligible to vote in the municipal
elections.
23. Twelve representatives were elected to the Municipal Council on a non-party
basis. Candidates had to be Jordanian citizens over the age of twenty-five,
literate and have committed no crime. The Government, through the Minister of
the Interior, appointed the Mayor from among the twelve Council members. The
Council chose the Assistant Mayor from among its members by a simple majority
vote; the Assistant Mayor deputised for the Mayor in his absence. The Council
appointed from among its members the members of auxiliary committees, which were
usually headed by the Mayor. The Council served as an advisory body to the kayor
and usually convened once a week, though a meeting could be called at the request
of two-thirds of its members.
24. Elections for Mayor anl Council members were held every four years. The
Mayor received his salary fram the Municipal Council. Members received no
remuneration.
25. The current term of off:ce was to have ended on 31 August 1867.
B. Situation since June 1967
26. The Israel authorities stated that they had offered the members of the
Municipal Council of the Old City the opportunity to apply for new positions in
the framework of the Israel administration, which they refused to do. Several
members had left Jerusalem; at present there were only eight in the city.
27. The Municipal Council of the Old City had been superseded by the Municipal
Council of West Jerusalem, which is composed of twenty-one members, all Israelis,
who were elected on 2 November 1965.
C. The administration of the municiaality
28. The Israel authorities further stated that the municipality of West
Jerusalem began operations in East Jerusalem the day after the fighting ceased.
In the begi,rning it acted as the agent of the Military Government, but from
29 June municipal processes started to function according to Israel law.
29. The Arab personnel of the Old City was absorbed in the equivalent
departments in the Israel municipality, so that at present, for example, all
the engineers and staff of the municipality of East Jerusalem were employed
in the City Engineer's Department, the Water Supply Department, etc.
30. Practically all municipal employees included in a list comprising some
370 names provided by the Assistant Mayor of East Jerusalem, immediately after
the take-over by the Israel authorities, were now employed by the municipality.
31. The question of the pension rights of pensioners in East Jerusalem had not
been fully settled. In the meantime the pensioners had received an ex aratia
payment on account of the pension for the month of June, pending a decision
on the matter.
32. The Israel Authorities stated that they were not interfering with the
functioning of the Muslimwaaf which is responsible for all resources designated
for the upkeep of religious and welfare institutions. Moreover it had offered to
assist the Waqf authorities to exercise direct control over the property. In
addition, immediately after the hcstilities, it had granted the Waqf a loan of
25,000 Israel pounds.
/ . . .
-7-
IV. ~~EXWRES TAKEN BY THE ISRAEL GO VFRNMFNT IN ORDER TO INTEGRATE
THE PARTS OF THE CITY WHICH HERE NOT UNDER ISRAEL CONTROL
BEFORE JDNE 1967
A. Preliminary remarks
33. In the numerous conversations which the Personal Representative had with
Israel leaders, including the Prime Minister and the Minister for Foreign Affairs,
it was made clear beyond any doubt that Israel was taking every step to place
under its sovereignty those parts of the city which were not controlled by Israel
before June 1567. The statutory bases for this had already been created, and the
administrative authorities had started to apply Israel laws and regulations in those
parts of the city. However, for practical reasons - for example, because the texts
of the laws had not been translated into Arabic - but also with the intention that
the Arab population should become familiar with the new situation step by step,
not all Israel laws and regulations were as yet been enforced; nevertheless, it
was the declared objective of the Israel Government to equalize the legal and
administrative status of the residents of those parts of the city which were not
previously controlled by Israel with that of the Israel citizens as soon as
possible.
34. The Personal Representative was repeatedly assured by the Israel side that
every attention was being paid to the well-being of the Arab population and that
the Arab residents vould have the opportunity to bring their standard of living
up to the level prevailing in Israel.
35. The Israel authorities stated unequivocally that the process o.C illtebr&iOn
, was irreversible and not negotiable.
36. Some information concerning the manner in which Israel is proceeding at the
governmental and municipal level is given in two statements, which arc to be
found in annex II.
37. It is considered appropriate to discuss below in greater detail the measures
taken by Israel in the various fields, placing particular stress on those
questions which are especially vital to the life of the population. It is in the
nature of the following account that the information is drawn for the most part
from Israel sources.
-8-
B. Israel legislation affecting East Jerusalem
38. The Personal Representative was supplied by the Israel authorities with the
text of certain laws and orders which had been adopted with a view to including
Old Jerusalem and certain surrounding areas previously under the control of Jordan
within the State of Israel.
39. Under the Law and Administration Ordinance (Amentient No. 11) Law of
27 June 1967, it was provided that the law, jurisdiction and administration of
the State should apply in any area of the State of Israel designated b;r the
Government by order. Under this provision the Government issued an order dated
28 June 1967 which declared that a territory defined in an annex was an area in
which the law, jurisdiction and administration of the State of Israel were in
force. The area described in detailin the annex included the Old City, Sur Baher,
Sheich Jarakh, the Kslandia airport, Mount Scopus and vicinity and Sha'afat.
40. Similarly under the Municipal Corporations Ordinance (Amendment No. 7)
of 27 June lC$7, the Minister of Interior was empowered at his discretion to
enlarge, by proclamation, the area of a particular municipal corporation by the
inclusion of an area designated under the Law and Administration Ordinance as
just amended. By an order dated the following day, the Minister declared that
the boundaries of the Jerusalem Municipal Corporation would be extended by the
inclusion of the area described in the previous paragraph.
41. It was explained that the Jerusalem Municipality had refrained from enforcing
the municipal by-laws to the eastern sector immediately after reunification
because they had not as yet been translated into Arabic.
42. When the by-laws became available in Arabic the Municipality began to
enforce sanitation and public health laws and the ordinance forbidding peddlars
to operate without a licence. In order to enforce the by-laws throughout the
larger area, thirty-five new inspectors had been hired.
43. The policy of the Municipality was to introduce the by-laws in stages, out
of consideration of the need to familiarise the populati@n with them in a
gradual manner.
I . . .
-9-
C. Physical measures and civilian services
44. The opening of means of access to the Old City and the destruction of barriers
started almost immediately after the end of hostilities. By the en,, of August all
former access roads had been reopened.
45. Alongside this activity went on the destruction of former Jordanian military
positions and the removal of mines, principally in the old no-man's lrnd, in the
Jerusalem area.
46. The Israel authorities stated that buildings in a slum area outside the Temple
Wall had been destroyed; the inhabitants had been provided with alternative housing.
Fifty to seventy families, however, had been put in houses left by refugees who had
since returned, so they had to find their own accommodation; they were being given
key money and their rent would be subsidized for two years through the city welfare
agency. Loans for seven years would also be made to fifty-five families in the
Old City whose houses had been damaged by shelling, so that they might repair them
before the winter. Dilapidated and dangerous houses along the Old City walls had
been demolished (these houses had mainly been in no-man's land) and it was planned
to build a park round the walls. The land 173s mostly church property and
compensation would be paid. Houses in no-man's land, where there were many mines,
had been de-mined and demolished; they had been uninhabited since l$:c. These
houses were in a dangerous condition and there was a risk of squatters with the
exisfing housing shortage. It had not been possible to do anything about them
before, as they were in no-man's land.
47. The Israel authorities .Turther stated that there were no plans fop the
construction of buildings in East Jerusalem. There was a ban on all buildings
within the Old City walls, except for the r-construction of several streets in the
Jewish Quarter. These would be kept in the same style as before as far as their
exteriors were concerned, but would be modernised inside.
Water
48. According to the Israel authorities, the water supply network of
East Jerusalem t7as connected with the 1Jestcm system one day after the end of
hostilities.
49. In the past, East Jerusalem had received its water from sources at Ein Fara,
Ein Pohar and Wadi Kelt, which together were capable of supplying 3,000 cubic
-lOmetres
a day, or fifty litres per inhabitant. Because of the Water shortage it
7:a.s necessary to supply water only intermittently. The city was divided into tbiee
areas, each of which received water twice a week.
50. During the wsr, several pumping stations and waterripes were damaged. The
damage was repaired and the water supply resumed. After it became apparent that the
uater supply rvas insufficirnt, three connexions were made with thr system in
West Jerusalem. During the first weeks the d:,nani doubled, and the need was three
times what it had been before the was (9,000 cubic metres a day); two thirds of
this amount came from blest and one-third from East Jerusalem.
51. It was explained by the Israel authorities that the cost of water in East
Jerusalem had been more thsn twice as high as that in West Jerusalem. llith the
merger of the systems, the cost was lowered to that prevailing in the uest, which
would lead to an annual deficit of half a nillion Israel pounds in the budget of
the Water Department (which must cover 611 expenses through fees). An equalization
fnnd had been established.
Sanitation
52. The Israel authorities stated that the Sanitation Department had begun its
worlc immediately after the war. During the first period it was mainly concerned with
removing the rubble accumulated during the fighting. Once this was compleLd, it
concentrated its efforts on the improvement of services, which included tne
acquisition of sweeping machines, machines to collect garbage, 5,COO garbage cans
to be distributed to houses and 150 large garbage receptacles, at a total Cost Of
more than one million Israel pound:,.
53. While checking waste-water, thirty malaria sources were found. They were now
being eliminated. Efforts were also being made to stop the use of unpurified sewage
water for irrigation.
54. Veterinary control had been increased and, within this context, renovation
had begun et the municipal abattoir, which had been partially destroyed during the
hostilities.
55. The entire Sanitation Department had L,CCI~tr ansferred to the Old City Municipal
Building.
I . . .
-ll-
Roads, parks and public prop-
56. According to the Israel authorities, the City Engineering Department had begun
work on the beautification of public parks, and the improvement of roads and
lighting. The budget for East Jerusalem allots approximately four million Israel
pounds for the execution of various works.
Welfare
57. The Personal Representative was informed that on 7 August 1967 a Welfare
Bureau was opened to the public in East Jerusalem. At present the Bureau was
primarily occupied with the distribution of aid to past recipient families, and
with the investigation of the new cases applying for assistance by means of
interviews in the office, home visits by social workers and contact with friends and
local leaders who knew of their situations.
58. A programme has been prepared to distribute 3,337 food packages contributed
by UNICEF to needy cases in East Jerusalem.
39. UNFMA has an important Field Office and a Ration Distribution Centre in
Jerusalem and it takes care of the refugee camp in Kslondia.
60. The Catholic organizations in East Jerusalem are supporting up to 2,000 families
a month, at a cost of $3.CO per person on average.
D. Budgetary fifzres for East Jerusalem
61.. According to Israel authorities the municipal budget for East Jerusalem for the
period from July 1967 to April 1968 amounts to approximately 8 million Israel
pounds for regular and non-recurrent expenditures end to an additional 8 million
pounds for development schemes.
62. The break-down of the budget is as follous:
In .:srael pounds
General administration ............. 310,000
Sanitation ................... 1,6og,ooo
Financial administration ............ 395,mo
Fire-fighting ................. 263,000
Construction plans ............... 440,coo
Property maintenance .............. 1,416,oco
Tourism and economic activity ......... 200,cco
Municipal Central ............... 418,000
Education ................... 1,258,000
-12-
In Israel pounds
Youth and sport activities ............
Cultural activities
100,000
...............
Public health services
100,000
..............
Public welfare
188,coo
..................
Water
10,000
...................... 1,m,@75
63. The breakdolm of the development budget is as follows:
In Israel pounds
Equipment for sanitation services . . . . . . . .
Public property . . . . . . . . . . . . . . . . .
1,ooo,coo
Improvement of school buildings . . . . . . . . .
4,000,000
Water installations and supply . . . . . . . . . .
400,000
2,500,COO
7,9co,coo
General situation
E . Economic measures
64. The Israeli authorities provided the Personal Representative with a substantial
amount of information on the present economic situation in East Jerusslem both in
the form of an oral briefing by a high official of the Economic Department of the
Ministry of Boreign Affairs and of written material. In general, while admitting
the existence of serious economic problems of adjustment, they maintained that
in many respects the econow of the area was in a prosperous state due to
the constant flow of Israel shoppers and sightseers and that the adverse
effects of the cessation of tourism should not be unduly protracted.
65. The Personal Representative was told that many of the economic problems were
the result not of the reunification of the City but of the dislocation caused by
the war, which had been fought within the boundaries of Jerusalem. There was the
physical damage to buildings, equipment and, particularly, vehicles, as well as the
fact that goods had been taken over by the Israel army for its own use. An
instruction had been issued that all private property should be returned
immediately, but it was sometimes difficult to locate it. Absentee property was
handled by the Custodian of Absentee Property.
I . . .
-13-
66. It was explained that previously Amman, not Jeruselem, had been the economic
and financial centre of Jordan. East Jerusalem had had no industry except for
tourism end its related small industries; there were in all about 200 small
rrurkshops. On the other hand, there uere over 1,500 shops and a variety of
service establishments.
67. It was reported that from the time that access from Israel to East Jerusalem
had become free, the shopkeepers there had been unusually active, selling at the
rate of 2 million Israel po~~lds a day in the first month and at a steady rate of
1 million Israel pounds a day at present. As a result, stocks had run down
quickly in many instances and were being replenished in part from Israel sources
and in part from supplies in the west bank and in unoccupied Jordan. Service
establishments were reported to have greatly increased their activities. The
norkshops, after an initial period of dislocation, were said to have all reverted
to routine and normelity and to be going through a process of adjustment to new
marketing conditions.
68. In genersl, the Israel authorities stated that unification had meant that the
"underdeveloped" economy of the eastern sector had come into contact with the more
developed economy of the western sector. That had caused an economic shock, but
would not necessarily be detrimental to the population, which could enjoy a higher
standard of living.
69. The Personal Representative was informed that everything was being done not
to Cut East Jerusalem off from its source of supply on the west bank, in particulrr
in respect of fruit and vegetables and other agricultural supplies. It was true
that certain measures had been taken to avoid the overflow of agricultural produce
so as not to affect the price and markets for frozen vegetables in Israel; some
produce, however, had gone from Jerusalem to other markets in Israel.
70. It was stressed that agricultural produce from the west bank was untaxed
on entrg into the city. Customs check-points had been set up near Sha'afat
and Bethlehem and other imports were in 1~ subject to Israel customs duty; in
practice, however, no customs duty was being collected on any product.
71. Under a customs order published on 2fi June, wholesalers were liable to
PaY on goods Previously imported the difference between the duties already paid
to Jordan and the higher Israel tariff. Stocks had been inventoried, but the
Customs Department had not yet sent out any debit notices, which would in any
case only be served on wholesalers with stocks of a value exceeding l,CCO dollars.
-14-
72, on the other hand, the Israel system of excise duties was being applied not
only to East Jerusalem but throughout the Israel-controlled areas and was being
collected at the factory. Duties were accordingly payallle on tobacco, alcoholic
beverages, spirits, petrol and cement.
73. AS a result Of these measures, retailers had raised the prices of products
in stock. The question of the increased cost of living was being studied by a
committee; figures had been asked from the Bureau of Statistics. Al.1 salaried
officials - municipal employees, etc. - had had their salaries increased, though
they were not yet receiving the Israel scale, which would bring them a fivefold
increase in the higher grades, a twenty-fourfold increase in the lower.
74. It was stated that citizens of East Jerusalem would be required to pay income
tax in acccrdance with the legislation of Israel as from 28 June 1967. From the
end of August, deductions for tax payment would be made from the salaries of public
servants, whether of the Government or of the municipality.
75. It was explained that the system of municipal taxation in Israel differed in
many respects from what was in force in East Jerusalem. It would seem that in
general the municipal taxes in West Jerusalem are more varied, and levied at a
higher rate where comparable, than those in East Jerusalem, though water charges
were less than half. On the other hand, it uas maintained that the services
previously supplied by the municipality of E.- 4 ., Jerusalem could not bear comparison,
in scope and efficiency, with the standard attained by local government in Israel.
76. It was stated that no municipal taxes had been paid in East Jerusalem since
the unification, except for abattoir fees and market dues, which continued to be
collected at the previous rates.
77, Finally, the information provided by the Israel authorities shoucd that motor
vehicle licences in Israel were higher than those previously imposed b:r Jordan.
78. It was explained that serious obstacles to economic recovery had been caused
by monetary problems. The eight banks previously cDcrating on the vest bank
of the Jordan, with nine branches in East Jerusalem, had had their headquarters
and kept their reserves in Amman. The cash actually held by the banks was only
enough to cover 6 per cent of the public's deposits, and it had, therefore, been
impossible to open them. In East Jerusalem, those deposits amounted to 5.7 million
dinars, which meant that the bank closure immobilised more thsn half of the
I . . .
-17-
opening up of East Jerusalem to Jewish tourists to Israel, as well as local tourists
from Israel.
Transportation
88. The Personal Representative was informed that there were 300 taxis in the
Old City for a population of 70,000 compared with 150 in Hest Jerusalem for a
population of 200,000. Those taxis were mainly operated on long journeys to Beirut,
Amman and Petra, from which they were now cut off. The Israel authorities planned
to license about forty to fifty general taxis and had offered others the status
of tourist taxis (the drivers could not pick up ordinary cab fares, but could act
as guides to tourists), but that had been refused. Consequently, the problem had
not yet been solved.
es. There were still unsolved problems with bus companies, of which there were
some thirty in the Old City, each one owning one to six buses. It appears that the
Israel authorities had difficulties coming to terms with those companics and had
allowed the Egged Bus Company from West Jerusalem to operate in the Old City.
Matters had been further complicated when the East Jerusalem bus companies had gone
on strike.
Integration of East Jemsalem workers into the activities of the HistadrufL
(Israel Federation of Labour)
90. A branch of the Histadrut has been opened in East Jerusalem. A certain number
of Arab workers have already registered, and the Israel authorities expect that the
number will increase substantially as more and more East Jerusalem employers
approach the Histadrut to safeguard the rights of their workers.
91. The number of Arab workers is estimated at between 12,000 and 14,COO.
9. The Personal Representative was told that the policy will be to pay Arabs
employed in Israel enterprises salaries equal to those received by their Israel
counterparts. As regards Arab enterprises, salaries would be calculated according
to the economic solvency of the enterprise. Salaries would be raised gradually so
as rot to disrupt the Arab economy and to allow it to adjust to the conditions
prevailing in Israel.
I . . .
-1%
93. At present over 2,000 workers from East Jerusalem (including some 400 employees
of the Municipality) are employed in the Jerrish sector 0: the economy. They are
employed in various branches, including construction, industry, hotels and other
services.
94. The Personal Representative was informed that the Histadrut plans to establish
various welfare and health institutions in East Jerusalem including a loan fund,
a community centre for girls and women offering vocational training, a branch of
"Working Youth" (a youth movement), and a branch of the "Rapoel" (sports club).
95. In the economic sphere, the Histadrut planned to initiate several enterprises
in East Jerusalem which would provide employment for the local workers. The
establishment of printing plants and a daily newspaper was under consideration.
96. A special authorityf'orEast Jerusalem would be established, whose task would
be to initiate new enterprises and strengthen existing ones.
F. Measures concerning the judiciary
97. The High Rabbinical Court (the highest Jewish authority in religious matters)
has been moved to East Jerusalem. A municipal court, presided over by an Israel
municipal magistrate, deals with infringement of by-laws. It was stated that
so far no Arabs had been charged before this court.
98. The Israel authorities stated that with the application of Israel lawto
East Jerusalem, the appointment of a Kadi (judge in the religious court) would be
governed by the procedure provided in the rclcvant Israel law. However, the
Government of Israel has decided to allow the situation prevailing before
5 June 1967 to continue. Muslim courts wcrc functioning and handing dorm
judgements in the same manner as in the past.
G. Educational situation
99. The Israel Authorities stated that at the end of the 1$6/1$7 scliool year
there had been twenty-eight public cducattional institutions in East Jerusalem with
12,500 pupils, and twenty-four private institutions with 0,OCO pupils. ThC?
structure of e&cation had been very different from that in Israel.
100. It was intended to introduce as soon as possible in East Jerusalem all the
educational laws and regulations applicable in Israel to Arab children, using the
curriculum and textbooks already available for that purpose. Rhile Arabic would be
maintained as the basic language of instruction, Hebrew would be introduced
gradually as a subject in grades 4 t0 12. I . . .
-2o-
V. THE SITUATION IN JRRUSALRMA S DESCRIBEDB Y ARABS
A. Preliminary remarks
106. It should be noted, first of all, that there is a certain disproportion
between the volume of the information which the Personal Representative received
from the Israel aide and that of the information from Arab sources. This was due,
partly to the fact that his investigations were carried out in an area under
the control of the Israel Government, but partly also to the fact that his
Arab interlocutors, in contrast to the Israelis, were not involved in an action,
but simply expressed their reactions. In addition, the AL.abs in Jerusalem - again
in contrast to the Israelis - at present lack any extensive administrative
machinery.
107. Israel Government representatives stated that the Arab personalities whom
the Personal Representative met at his oun desire were, with few exceptions,
members of the National Council of the Palestine Liberation Organisation, headed
by Mr. Ahmad Shukairy, and that they did not truly represent the Arab population.
Naturally, it is impossible to delve into that argument. The Personel
Representative noted that the memoranda, statements, resolutions, and other
communications handed to him by the Arabs also bore the signatures of a wide
range of Arab personalities, including many officials of the previous Jordanian
administration and recognised religious leaders.
108. The Personal Representative also remerlced that he had met not only Arab
personalities who are opposed to the Israel Government but also some who were
co-operating with the Israel authorities.
B. Arab information on population figures
109. According to Arab sources, the pcpulation of Old Jerusalem prior to
5 June 1967 was about 75,000. If the population of the immediately surrounding
areas (Sha'fat, Beit Ranima, Ram, Kalcndia on8 Tours) was included, the figure
was about 130,CCO. Of this hereditary population, many had fled to Jordan as a
result of the hostilities, while others uere working abroad (in Kuwait, Saudi
Arabia, Libya, Qatar, Bahrein, Abu Dhabi, etc.). These temporary emigrants
alone were said to number about 60,ooo.
I
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C. Arab complaints
ll0. The Arab personalities whom the Personal Representative met put forward
both orally and in the written cosmunications a number of detailed complaints
against the Israel authorities (see annex I). The most important of these are
smmarized below. A description is also given of certain steps taken by Arab
notables to establish an organization representative of Arab interests.
Desecration of Muslim Holy Places and other acts
XL. Most of the Arabs interviewed by the Personal Representative stated that the
Muslim population was hocked by Israel acts which violated the sanctity of the
kiuslim shrines. It was regarded as a particular provocation that the Chief Rabbi
of the Israel Army, with others of his faith, conducted prayers in the area of the
Heram Al-Sharif. (The Israel Government has in the meantime put a stop to the
offering of further prayers by members of the Jewish faith in the area of the Holy
Mosque.)
112. Statements by Israel official representatives and Jewish personalities
concerning Jewish claims and plans in the Temple area had had an alarming effect.
l.l.3. The dynamiting and bulldozing of 135 houses in the Maghrabi Quarter (in front
of the Wailing Wall) had also aroused strong feelings. This action involved the
expulsion of 650 poor and pious Muslims from their homes in the immediate vicinity
of the Mosque of C'mar and the Aksa Mosque. The houses, which also included
two szcllmosques, belonged partly to the Vaqf and partly to Arab individuals.
114. It was charged that the Israel authorities had taken over the so-called
Jewish Quarter and evicted 3,000 residents at short notice.
113. It was also pointed out that the Israel authorities had chosen a GoVerment
school for girls near the Aksa Mosque as tbeseat of the High Rabbinical Court,
witt;ut consulting the Vasf.
116. It was repeatedly emphasized thati further encroachments by the Israel
authorities would lead to serious unre-i. among the Muslim population and might
have grave consequences.
I s..
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Application of Israel laws
117. The Personal Representative was told that the Israel authorities claimed
jurisdiction over the Muslim religious courts and control over the sermons
preached from the Aksa Mosque, and that that was rejected as ccntraryto the
pre,cepts of Koranic Law and of Muslim theology.
118. It was also stated that the application of Israel civil law was unacceptable
to the Arabs, not only because the laws of Israel would supersede the existing
Jordanian laws, but because they were alien to Koranic Laws.
119. Judges and attorneys had therefore refused to co-operate with the Israel
judicature.
Arab municipal authorities
120. The dissolution of the elected Municipal Council of East Jerusalem and
the taking over of its buildings, furnishings and archives by the Municipal
Council of West Jerusalem was described by Arabs as a violation of international
law.
121. In a letter of 24 July 1967, the Israel Military Governor for the West Bank
was informed that the twenty-four signatories of the letter had "constituted
themselves as the Muslim body in charge of Muslim affairs on the West Bank,
including Jerusalem".
122. This "Higher !4uslim Council" , as it is also called,on the same date
designated four Arab personalities to carry out the responsibilities of public
administration, with express instructions to exercise their jurisdiction on the
West Bank, including East Jerusalem, in accordance with the applicable Jordanian
law.
123. In communications (of which the Personal Representative received copies) to
the President of the Council, the representatives of the following organisations
expressed their support for the "Higher kkuslim Court":
The Women's Organisations and Institutions on the West Bank
The Union of Doctors
The Union of Dentists
The Union of Pharmacists
The Union of Lawyers
The Union of Engineers
The Union of the Officials and Labourers of the Electricity
Board in Jerusalem
The Union of Scaffolding Workers in Jerusalem
I .*.
-23-
The Labourers in Printing Houses
The Workers in the JerusalemMunicipality Councils
The Workers in Exchange Offices
The Union of Workers in Hotels and Caf&
The Union of Workers and Chauffeurs
The Union of Bakers
The Union of Builders
The Union of Tourist Guides
The Union of Tailors
The Union of Shoemakers
124. The Personal Representative was also given a copy of an appeal on the
subject by Arab Women on the West Bank.
125. The decisions taken by the "Higher Muslim Council", which has not been
recognized by the Israel authorities, are made known to the Arab population
through Amman Radio.
Economic situation
126. The Personal Representative was told that the measures already introduced
or announced by Israel with respect to taxes, customs duties, licences, absentee
properties, and other economic matters, were considered oppressive by the Arab
population and that there was a growing feeling of economic strangulation.
Even if the present dislocations in economic life should cease in due course, the
Arabs feared that they would be permanently at a disadvantage in comparison with
the Israelis, who were at a more advanced stage of economic development.
12'7. On the other hand, the Personal Representative had an opportunity to speak
to a few Arab businessmen who considered it to their advantage to co-operate
with the Israelis and had already entered into business relations with them. They
stated that they were satisfied with the accommodating spirit shown by the Israelis.
Situation in the cultural and educational field
128. Where the schools were concerned, the Personal Representative found a
pronounced aversion to the efforts of the Israel authorities to apply their own
educational system to Arab schools. He ucs told that the teachers would refuse
to resume their duties under the given conditions. It remains to be seen, in
mid-September or late September, when the Arab schools are scheduled to reopen,
to what extent the parents will likewise refuse to send their children to school.
I
, -24-
129. From the cultural standpoint, the fear was expressed that the Arab way of
life, Arab traditions and the Arabic language woula suffer permanent damage under
the influence of the Israel majority. It was also pointed out in this connexion
that from the standpoint of customs snd origin the Israel community formed a
heterogeneous society which might have an adverse effect on strict Arab morals.
D. General objections
130. The following observations relate in part to considerations of international
law, and thus go beyond a presentation of facts. At the same time, however, they
reflect an attitude and a state of mind which are vital to the evaluation of the
factual conditions.
131. The Personal Representative was told that the Arabs recognized a military
occupation regime as such and were ready to co-operate with such a rggime in
dealing with current questions of administration and public welfare. However,
they were opposed to civil incorporation into the Israel State system. They
regarded that as a violation of the acknollledged rule of international law which
prohibited an occupying Power from changing the legal and administrative structure
in the occupied territory and at the same time demanded respect for private
property and personal rights and freedoms.
132. It was repeatedly emphasized that the population of East Jerusalem was given
no opportunity to state for itself whether it was willing to live in the Israel
State community. It was claimed that the right of self-determination, in
accordance with the United Rations Charter and the Universal Declaration of
Human Rights, had therefore been violated.
133. In conclusion, it was pointed out that the Arab population places its trust
in the United Nations and relied on the resolutions adopted by the General
Assembly.
I
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VI. THw ATTITGDEGFTHERRPRRSENTATIVESOFTJD
VARIOUS FIELIGIOIJS COMNIJNITIEs
134. All representatives of the various religious communities whom -be Personal
Representative met agreed that the Holy Places needed special protection and that
their believers should have free access to those places. They felt that the prime
prerequisite for this was peace and stable political conditions. Their objective
was to be able to perform their spiritual duties in peace without constantly having
to fear that international conflicts or State interference could jeopardise their
traditional tasks.
135. One detected among the religious dignitaries a feeling of relief that a ceasefire
was in effect and that material damage to the Holy Places was relatively minor.
It was achknowledged by all, with thankfulness, that the combatant parties
obviously had it in mind to spare the Holy Places as much as possible. On the
other hand, one detected concern for the future. Would the situation remain as it
was, or were further convulsions to be expected? What would be the consequences if
the Holy Places were under the sovereignty of a State which identified itself with
one religion and which had never concealed the fact that, where Jerusalem was
concerned, its political objectives coincided with the religious objectives3
136. One eminent member of the Christian faith expressed this concern as follows:
Jerusalem must retain its universal religious character. The well-established
rights of the three major religions must be protected in toto. History had shcwn
that whenever a religion tried to assert its hegemony in the politico-religious
field serious and sometimes bloody conflicts ensued.
137. Shortly after the cessation of hostilities, reassuring statements were already
being made by the Israel side in this connexion.
138. Prime Minister Levi EsFkol, meeting on 7 June with the spiritual leaders of
all communities, declared:
"Since our forces have been in control in the entire city and
surroundings, quiet has been restored. You may rest assured that no harm
of any kind will be allowed to befall the religious Holy Places. I have
asked the Minister of Religious Affairs to contact the religious leaders
in the Old City in order to ensure orderly contact between them and our
forces and enable them to pursue their religious activities unhindered.
At my request the Minister of Religious Affairs has issued the following
instructions:
/ . . .
-26-
(a) The arrangements at the Western Wall shall be determined by the
Chief Rabbis of Israel.
(b) The arrangements in places sacred to the Moslems shall be determined
by a Council of Moslem religious dignitaries.
(c) The arrangements in places sacred to the Christians shall be
determined by a Council of Christian religious dignitaries."
1%. Meeting with them again on 27 June, the Prime Minister declared:
'It is my pleasure to inform you that the Holy Places in Jerusalem are
now open to all who wish to worship at them - members of all faiths, without
discrimination. The Government of Israel has made it a cardinal principle
of its policy to preserve the Holy Places, to ensure their religious and
universal character, and to guarantee free access. Through regular
consultation with you, Heads of the communities, and with those designated
by you, at the appropriate levels, for this purpose, we will continue to
maintain this policy and to see that it is most faithfully carried out.
In these consultations, I hope that you will feel free to put forward your
proposals, since the aims I have mentioned are, I am certain, aims that we
share in common. Every such proposal will be given full and sympathetic
consideration. It is our intention to entrust the internal administration
and arrangements of the Holy Places to the religious leaders of the
communities to which they respectively belong: the task of carrying out
all necessary procedures is in the hands of the Minister of Religious
Affairs.U
140. The same day, the Knesset passed the "Protection of Holy Places Law" 5727-1967,
as follows:
"PROTECTION OF HOLY PLACES
"1. The Holy Places shall be protected from desecration and any
other violation and from anything likely to violate the freedom of access
of the members of the different religions +.o the places sacred to them or
their feelings with regard to those places.
"2 . Whoever desecrates or otherwise violates a Holy Place shall be
liable to imprisonment for a term of seven years.
“3. This law shall add to and not derogate from any other law.
"4. The Minister of Religious Affairs is charged with the implementation
of this law and he may after consultation with or upon the proposal Of
representatives of the religions concerned and with the consent of the
Minister of Justice make regulations as to any matter relating to such
implementation.
“5. This law shall come into force on the date of its adoption by
the Hnesset."
I
-27-
141. Tbese statements and statutory measure5 were very favourably received.
Various religious representatives in fact told the Personal Representative
spontaneously that 50 far the Israel authorities bad conformed to the principles
which bad been laid down and that there was therefore no ground for complaints.
They hoped that whatever difficulties still existed or were feared - mostly of a
practical and physical nature - would be resolved in a spirit of co-operation.
142. Although the attitude of representatives of other Christian denomination5 Was,
ratber,one of "wait and see", they also described the present situation as
satisfactory.
143. Apart from the Muslims, whose position was discussed earlier in connexion
with the attitude of the Arabs generally, it was essentially only the Catholic
Church which adopted a systematically divergent attitude. As is well known, the
Holy See remains convinced that the only solution which offers a sufficient
guarantee for the protection of Jerusalem and of its Holy Places is to place that
city and its vicinity under an international regime in the form of a corpus separatum.
144. Tbe Vatican has bad talks with the Israel authorities on this and other
questions, and the talks are reported to be continuing.
143. Various religious representatives expressed the hope that their links with the
outside world, including the Arab countries, would remain open. These links are
of particular importance to the religious communities a5 they relate to contacts
with the corresponding religious centres abroad, the influx of pilgrims and the
exchange and replacement of clergy, monks, nuns, and so forth.
146. The Personal Representative was assured by the Israel side that a liberal
practice would be pursued in this respect. It was stated that, 50 far 5.5 entry
from Arab countries was concerned, it ~5.5 for those countries to issue the relevant
permits.
147. Other religious leaders displayed some concern that their privileges,
including exemption from taxes, should be respected. These privileges are of
particular importance to those religious communities whose income is derived
entirely or partially from landed property, houses and shops.
148. With respect to religious schools, which now come under the "pedagogic
supervisionW of the Israel Ministry of Education, the feeling generally expressed
w&i that no undue interference with the form of education was to be expected.
School5 which have students from Arab countries feared that they might no longer be
able to attend.
I
149. &tly, mention should be made of a special case which was submitted to the
Personal Representative by the representative of the Syrian Catholic Church.
Since 1948, the church and vicariate of the Syrian Catholic parish had been in no
mants land and had remained intact throughout. It was stated that on 30 June and
2 JOY the buildings had been completely destroyed by the Israelis, without the
parish's having been informed. The Vicar General of the Syrian Catholic
Patriarchate had lodged a protest concerning this with the Military Governor of
Jerusalem and claimed compensation. It was stated, however, that his demands had
not yet produced any result.
150. The continuing interdenominational disputes with respect to the possession
and custody of the Holy Places were mentioned by the religious representatives on
a number of occasions, but the Personal Representative did not believe that they
should be dealt with in his report.
VII. TSE SECRRTARY-GENERAL'SR EMARKS
151. In conclusion, I would like to express my warm appreciation to
Ambassador Thalmann for having gathered this very useful and important information
on the situation in Jerusalem, in the brief space of time available to him. The
information thus gathered has formed the sole basis for part one of this report.
152. I would also like to express my sincere '*hanks to the Government of
Switzerland for having so readily responded to my request to make
Ambassador Thalmann available for this specific ad hoc assignment, thus
facilitating my report to the Security Council and the General Assembly.
I . . .
PARTWO. IMPLEMENTATION OF GENERAL ASSEMBLY
RESOIIJTION 2254 (ES-V)
1-53. On 15 July 1967, following the adoption of General Assembly resolution
2254 (ES-V), the Secretary-General addressed the following letter to the Minister
for Foreign Affairs of Israel:
"Sir,
"At its 1554th plenary meeting, on 14 July 1967, the General Assembly
adopted resolution 2254 (ES-V), a copy of which is attached.
"In operative paragraph 3 of that resolution the Secretary-General
is requested to report to the General Assembly and the Security Council
on the situation and the implementation of the resolution.
"I should be grateful if you would kindly bring the above-mentioned
resolution to the attention of your Government as a matter of urgency.
"Accept, Sir, the assurances of my highest consideration.
"(Signed) U Thad'
154. Subsequent to the despatch of the above letter, the Secretary-General informed
the Permanent Representative of Israel tha< the part of his report relating to
the implementation of the resolution of the General Assembly would necessarily
consist of the response to be received from the Government of Israel. The
Permanent Representative of Israel assured the Secretary-General that a reply from
his Government on the question of implementation of the resolution would be
forthcoming in time for the Secretary-General to include it in his report.
155. On 11 September 1967, the Secretary-General received from the Minister for
Foreign Affairs, transmitted by the Permanent Representative of Israel to the
United Nations, the following reply to his letter of 15 July:
"Dear Mr. Secretary-General,
"After the adjournment of the emergency special session of the
General Assembly on 21 July, the Government of Israel was consulted by
you cn the appointment of a personal representative entrusted with
the mission of obtaining information for your report to the Security
Council and the General Assembly.
I . . .
"Ambassador ‘Ihalmann visited Jerusalem from 21August to 3 September.
The Government of Israel extended to him all the assistance necessary
for the discharge of his responsibilities. He had detailed conversations
with the Prime Minister and me, and with heads of the religious communities
represented in Jerusalem. He also met leading personalitities of all
dommunities and heard the frank expression of their views.
"A salient fact of Jerusalem's life today is the intrinsic necessity
of ensuring equal rights and opportunities to all the city's residents
by extending to them the same public services and facilities. No
international or other interest would be served by the institution of
divisions and barriers which would only sharpen tension and generate
discrimination. This does not foreclose the final settlement of certain
important aspects of the Jerusalem situation which lie at the origin of
the international interest in the city. I refer to the need to secure
appropriate expression of the special interest of the three great
reLigions in Jerusalem. It is our urgent desire to promote this objective
in co-operation with the universal interests concerned. I am confident
that in an atmosphere of international tranquillity substantial progress
could be made towards this aim, which has hitherto had no concrete
fulfilment.
"We are now concentrating on this task. It is our policy to
ensure that the Moslem, as well as the Christian and Jewish Holy Places,
should be scrupulously respected and revered, and placed under the
responsibility of a recognised Moslem authority.
"I should like to assure you that the report based on the information
obtained by your Personal Representative will receive our close study
and on its publication I shall make a further clarification of our
policies.
"Please accept, Mr. Secretary-General, the assurances of my
highest consideration.
(Signed) Abba Eban
"Minister for Foreign Affairs"
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ANNMI
DOCUMENIS SUBMITTRDTO TREPERSONALREPRRSERTATIVEOFTRE
SECRETARY-GENERABL Y ARAB PERSONALITIES
A. Letter from Sheikh Abd al-Hamid al-Say& and thirteen other
personalities received by the Personal Representative on
26 August 1967
Sir,
On the occasion of your arrival in Jerusalem in the capacity of a personal
representative for Mr. U Thant, the Secretary-General of the United Nations, to
investigate and inform yourself on the steps the Israeli authorities have taken
to implement the two resolutions adopted on the 4th and 17th of June 1967, in the
course of the Emergency Session of the General Assembly of the United Nations,
calling upon the Israeli authorities to rescind the measures it took to merge and
annex Arab Jerusalem, we, the undersigned, both Mrslims and Christians, have the
honour to direct your attention to the following:
1. The Israeli authorities so far have not taken the slightest steps to
indicate that they intend to comply with the resolutions of the General Assembly
concerning Jerusalem. On the contrary, they have positively announced that they
will not implement the aforesaid resolutions, and have taken more measures to
demonstrate clearly their determination to annex Arab Jerusalem, revealing, in
their actions, a complete disregard for the resolutions of the United Nations and
the wishes of the inhabitants of Arab Jerusalem and their rights to selfdetermination.
2. In support of the above statement, the following measures, tbough not
comprehensive, may nevertheless demonstrate the trend of their policy:
1.
2.
3.
The occupying power dissolved the duly elected Arab Kiunicipality
Council in Jerusalem and dismissed the Mayor and other officials.
It placed Arab Jerusalem under the administration of the Municipality
Council of Israeli Jerusalem which, in turn, confiscated the movable
and immovable property of the Arab Council.
It subjected Arab Jerusalem to Israeli laws and regulations, and thus
abrogated all the Jordanian laws previously applied in the City.
I . . .
-32-
4.
5.
6.
7.
8.
9.
10.
11.
12.
It imposed upon the inhabitants of Arab Jerusalem the heavier taxes and
municipal rates applicable in Israel, thus causing undue hardship and
additional heavy financial burdens.
It constructed physical barriers between Jerusalem and the rest of the
West bank, and restricted passage between the two sectors to special
permits to be issued by the authorities.
It dissolved the Jordanian civil administration in the City, and
dismissed most of its officials.
It dissolved the Jordanian Courts of Justice in Jerusalem, and
subjected the City and its inhabitants to the province and jurisdiction
of the Israeli Courts.
It replaced the Jordanian currency by Israeli currency as the only
legal tender in the City, and compelled the inhabitants to change
their currency into Israeli tender at rates which were far lower than
the official rates and rates prevalent in world markets, thus causing
many of the Arab inhabitants to suffer substantial losses.
It subjected the inhabitants of Arab Jerusalem to heavier rates of
income taxation, and thus burdened them to further material losses
to those already sustained in consequence of the war and the
occupation.
It erected customs barriers around Arab Jerusalem and imposed and
collected excise duties on all the goods imported from the West Bank,
while allowing free entry of Israeli imports.
It imposed customs and duties based on Israeli laws on Arab
Jerusalem, and collected such duties even on the goods already in
stock which were imported before 5.6.67 and already paid for under
Jordanian laws.
It refused to recognize Jordanian license permits for vehicles
and other trades or professions, thus compelling people to obtain
Israeli permits under threat of punishment, and further exerted
great economic pressure, especially on travel offices and their
agents.
I . . .
-33-
13.
l.4.
15.
16.
17.
It integrated the government schools in Arab Jerusalem into the Israeli
Kunicipality Council’s educational system, and replaced the Jordanian
curriculum by an Israeli one, and further closed the office of the
Director of Education in Arab Jerusalem.
It neglected the usage of the Arabic language in most of its measures
and dealings, although it is the language of the inhabitants.
It placed the property of Arab absentee landlords under custodianship,
as a preliminary step to confiscating it, as previously done with
Arab property in Israel.
It attempted to place the religious courts and Muslim Waqf (property)
under the jurisdiction of the Ministry for Religious Affairs in
Israel, and apply the laws relating to personal status in Israel
to V~slims.
It interfered with the personal freedom of citizens in that it exiled
and committed to prison a number of Arab citizens who have expressed
their views relating to the unacceptability to the Arabs of the
annexation of Jerusalem.
Furthermore, the Israeli authorities have taken many arbitrary and
provocative measures of which the following list, though not comprehensive, may
give an idea:
1. !Che razing to the ground of the entire Mughrabi Quarter in the Old City
comprising 153 houses and involving 650 persons, who were unable even to
retrieve furniture because they were not given sufficient warning, and the
destruction of two small mosques in that quarter.
2. The expulsion and rendering homeless of the 3,CO0 inhabitants of
Sharif Quarter, on the pretext that Jews had lived in the Quarter in the past,
although most of the houses in the area had been inhabited by Arabs throughout
and owned by !&slim Wasf.
3. The destruction of many Arab houses and properties outside the walls
of the Old City.
4. The occupying Israeli authority has also applied strong economic
Pressure against the inhabitants of Arab Jerusalem, with a view to reducing their
resistance and forcing them to leave.
5. It confiscated a large number of private and public cars, pullman buses,
and occupied a number of hotels.
6. It introduced Israeli bus companies into Arab territory to compete
with or replace Arab companies.
7. It did not respect the sanctity of Muslim and Christian religious
shrines, and thus forced the custodian of the holy places to close some of the
churches. Moreover, the Chief Rabbi of the Israeli Army, Brigadier Goren,
conducted a prayer together with some followers in the Haram Al-Sharif (Holy
Mosque), thus blatantly offending the Muslim's susceptibilities and infringing
upon their established rights, while the Minister for Religion in Israel announced
that the Muslim Mosque is Jewish property, and that sooner or later they will
rebuild their temple there. Finally, the Ministry for Religion announced its
intention of expanding the Wailing Wall again thus destroying some of the Muslim
buildings surrounding it, and constructing a synagogue there, in contravention
of the status quo, and an outright violation of the rights of Muslims and
Muslim Waqf.
It is quite clear that all these measures contradict basic principles of
international law and international conventions governing the state of war and
the treatment of civilians in occupied territories, which preclude the annexation
by the occupying power of any territory or its division into administrative units
to serve political purposes'as long as the state of war still stands, and moreover
do not give the occupying power the right to change or modify existing laws and
administrations in occupied territories. On the contrary, international law and
conventions call upon the occupying power to apply existing laws and administrative
structures, and to protect private property, religious beliefs, and personal
liberties, and to refrain from imposing new taxes and fees on the inhabitants
under occupation.
The Israeli authorities, instead, have replaced the structure of Jordanian
Arab administration in the city by a direct Israel administration in all aspects,
and caused an exorbitant rise in the standard of living creating difficulties
for Arab inhabitants.
I . . .
-3%
Although some of these measures were taken before the two resolutions of the
General Assembly of the United Nations in its emergency session, the majority
were taken af%er the resolutions. Thus, the Israeli authorities did not only
mean to challenge the United Nations and the k%rslim and Christian world, but also
to violate the rights of the Arab inhabitants of the city, particularly their
right to self-determination, contravening in this the Charter of the United Nations,
the Declaration of Ruman Rights, and the principles of justice and equity.
Naturally, the inhabitants of Areb Jerusalem will not accept this situation
or recognise its status, and strongly protest against the annexation of their
city by Israel.
In the light of this, we pray that Your Excellency will take the earliest
convenient opportunity to meet with the undersigned and others in Arab circles
in the city to discover their views regarding the annexation of their city, and
we, in turn, are perfectly willing to forward any information or other details
that you may wish to obtain.
Please accept our deepest regards.
SIGNED:
1.
2.
3.
4.
5..
6.
7.
8.
9.
10.
11.
12.
13.
14.
Sheikh Abdal-Hsmid al-Sayeh, Chief of the Moslem Supreme Court
and Kadi-al-Kudah (Chief Justice)
Rubi al-Khahib, Mayor of Jerusalem
Bishop Nagib Aub'em, Arab Anglican Bishop in Jordan
Sheikh Sa'd al-Dein aldlami, Kufti of Jerusalem
Auton Atallah, Senator and ex-Foreign Minister for Jordan
Muhamed Is'ak Darwish, Member of the Higher Arab Committee
Yuaef Khouri, for the Union of Engineers
Anwar Nusseiheb, ex-Jordainian Ambassador in London, Member of
Parliament for Jerusalem, and ex-Minister of Defence for Jordan
Dr. Nabih Mu'mer, for the Union of Dockers
Sheikh Ali al-Ta&z, President of the Chamber of Commerce
for Arab Jerusalem
Taysiv Ksn'an, President of the Court of First Instance in Jerusalem
Na'im al-Ashaf, Representative for Trade Unions
Fouad Abd al-Hadi, Senator
Sa'ed Ala al-De& ex-Jordanian Minister for Economic Affairs
I . . .
-36-
B. Memorandum concerning the measures taken by Israel with respect
to the City of Jerusalem, submitted by Mr. Rauhi El-Khatib on
26 August 1967
The Israel occupation authorities have not complied with the two United Nations
resolutions on Jerusalem. Notwithstanding these directives, they have proceeded
with and given effect to annexationist measures without heeding world public
opinion and against the wishes of the Arab inhabitants, thus violating fundamental
and elementary international laws relating to occupied countries. These measures,
the ultimate goal of which - territorial expansion - the occupation authorities
have not succeeded in concealing, include the following:
(a) Basic measures
1. They have torn down the barriers separating the two sectors of the city, and
they have tacitly authorized their army and their people to harass the civilian
population by pillaging houses, shops and vehicles, by seizing hotels, and by
restricting the freedom of the population for a long period of time.
2. They have tacitly authorized the desecration of Christian and Muslim Holy
Places and have permitted access to them during hours of prayer. We must also
protest the complete lack of decorum shown by both men and women in dress and
behaviour. This complete lack of respect has grossly offended the religious
sensibilities of the faithful of both religions.
3. One hundred and thirty-five houses in the Mughrabi Quarter adjoining the
Wailing Wall and adjacent to the two Mosques of Omar and Aksa, which are Muslim
Holy Places, have been dynamited and razed by bulldozers. Because of this, 650
Muslim, all of them poor and pious persons living near the Muslim Holy Place, were
removed from their homes and driven away, after having been allowed no more than
three hours to evacuate their homes, which they had to do while the curfew was in
effect. One can easily imagine the consternation of these families, who had to
see to the removal of their property and take care of their children and their aged.
One part of these buildings, comprising some houses and two small mosques, belongs
to the Muslim Waqf. The other part was private property over which the Jews had
no rights. They razed these buildings in order to make room for a Jewish
religious institution.
I . . .
-37-
4. The occupation authorities also took over some houses in the area known as
the Jewish Quarter inside the boundaries of the Old City. They forced the
evacuation of 3,000 residents after a one to three day period of grace and during
non-curfew hours. l&any therefore had to abandon their property when they fled and
thus swelled the number of the refugees, many of whom are still completely destitute.
We should bear in mind that most of these houses were Arab property.
5. They applied severai oppressive measures to the remaining inhabitants of the
city, depriving them of their means of subsistence and preventing the arrival of
relief supplies from abroad. All this was done to force them to leave the city
and thus reduce their number.
6. They proceeded to take a general census of the city and its environs lying
within an arbitrary demarcation line which they established to limit the population
of the City of Jerusalem. Closed shops and houses were marked with a distinctive
SigIL Absentee owners were, as a result, liable to summary requisitions.
(b) Measures taken against the Municipality of Jerusalem
1. The Israel Parliament adopted a decision authorizing the occupation
authorities to annex to the State of Israel whatever they deemed necessary without
regard to international law or to the will of the inhabitants. Accordingly, their
Minister of the Interior ordered the annexation of Arab Jerusalem and several
neighbouring villages to the Jewish sector of the city and the placing of the
entire area under the administration of the Jewish Municipal Council.
2. Consequently, their authorities dissolved the Arab kiunicipal Council and
dismissed the Mayor and the members of the Council after having seized their files
and their movable and immovable property.
3. The Jewish municipal authorities later dismissed some officials of the Arab
Municipality and transferred others to the Office of the Mayor of the Jewish sector.
4. The unified Jewish kunicipality continues to carry out Israel administrative
measures, which are wholly at variance with the Jordanian administrative policies
which the residents are supposed to continue to follow under the most recent
resolutions of the United Nations and under international law.
5. The Jewish Municipality demolished many Arab buildings both inside and outside
the walls of the Old City and it is continually taking similar measures in order to
erase the last trace of the demarcation lines between the two sectors and to create
a fait accompli while at the same time weakening the Office of the Arab Mayor as
a Separate authority in order ultimately to do away with it entirely.
/ . . .
-pi-
(c) Measures taken against the Arab administration
1. The Jordanian postal and telegraph, income tax, health and customs services,
police system, cadastral survey and other city offices have been abolished. This
administrative structure has been placed under the authority of the administrative
centres of the other sector.
2. Officials have been subjected to pressure to sign work applications bearing
the seal of the State of Israel. Most of them have refused to sign them or to
co-operate, although previously during the military regime they had done their
work out of a spirit of solidarity with their colleagues in the so-called
"occupied" areas.
3. All the Jordanian laws in force in the Arab sector of the city have been
repealed and replaced by Israel measures and laws , in violation of international
law, which stipulates that the laws iu force in occupied territories must be
respected.
4. The occupation authorities have erected barriers between Jerusalem and the
other Arab villages on the West Bank and have obstructed the free movement of its
inhabitants by instituting a system of passes issued by the occupying forces.
5. !Cbey have set up customs posts on the boundaries of the City of Jerusalem for
the purpose of taxing merchandise originating in the occupied Arab areas, while
merchandise of Israel origin is left tax-free, in order to compel the Arabs to
buy Israel products.
6. They have asked owners of private vehicles to renew their licences and have
required them to turn in their Jordanian “plates” for Israel plates and to insure
themselves with Israel insurance companies , claiming that they do not recognize
the validity of prior insurance and permits.
7. They have disregarded the Arabic language and, consequently, all their
correspondence and documents have been drawn up in Hebrew.
8. Courts of justice have been suspended and made subordinate to the Israel
courts. The judges have been asked to serve outside Jerusalem; they have
refused, and continue to refuse, to do so, in order not to collaborate.
9. Government schools in the Arab sector of Jerusalem are now under the
jurisdiction of the Jewish hunicipality, which has forced them to adopt the Israel
I . .
-39-
curriculum. Ihe occupation authorities have requested some of the Arab teaching
staff to transfer to the municipality and some to the Ministry of Education.
Following the refusal of the teachers to co-operate , seals were affixed to the
educational offices of the Jordanian Government.
(d) Matters relating to the HOW Places
1. Following repeated desecration of the Christian Holy Places, the Custodian
of the Holy Places ordered the closing of some churches under his authority in
the Arab sector and refused to open them to visitors. These Holy Places include
the Church of Gethsemane, or Church of the Nations, the Church of Bethany, and
the Church of the Prison of Christ on the Via Dolorosa.
2. The failure of the occupation authorities to prevent desecrations of the
Holy Places has led to the burglary of one of the largest and holiest churches in
the world. 'J!he priceless, diamond-studded crown of the Statue of the Virgin,
Our Lady of Sorrows, on Calvary itself was stolen some ten days ago.
3. Armenian and Latin priests have been victims of aggression or offences
committed by Jews, including, in some cases, Jewish religious officials, as well
as by Israel soldiers or police.
4. The Chief Rabbi of the Israel Army, Brigadier Goren, with his escort and
other Jews, on 15 August 1967 mounted to the Dome of the Rock with liturgical
vestments and prayer-books. They conducted a prayer lasting two hours within the
confines of the Mosque of Omar, thus infringing the inviolability of a Holy Place
venerated by all Islam. Far from stopping at this provocation, they made known
their intention of repeating such religious acts. At an official meeting held
in Jerusalem on 12 August 1967, the Israel Minister for Religion stated that the
Occupation authorities considered the Mosque of Omar and its outlying buildings
as their property either by past acquisition or by recent conquest. He also
expressly proclaimed that those authorities were determined sooner or later to
rebuild their temple on the Dome of the Rock itself. That statement shows how
far their aggressive intentions against the Muslim Holy Places in Jerusalem
extend, and no Muslim, or any honest man, could ever accept that statement.
-4o-
5. Tbe occupation authorities are constantly drawing up plans for the expansion
and erection of religious buildings near "Boraq"; one of the most recent
statements, reported in the Jerusalem Post of 8 August 1967, tells US that the
OCCUpying forces Will Continue to demolish other buildings belonging either to
the Muslim Wasf or to Arab owners.
6. 'fheY have occupied a government school for girls which was built ou ws land
in the Mughrabi Quarter near the Aksa Mosque with a view to transforming it into
a supreme religious tribunal without having asked the permission of, or even
informed, the Muslim Waqf. They have even planted Jewish and religious emblems
on them.
7. They have claimed jurisdiction over the Muslim religious courts and control
over the sermons preached from the Aksa Mosque; those claims were rejected by
the Muslim judiciary of the City of Jerusalem as contrary to the precepts of
Koranic Law and the commands of Muslim theology. The situation is still very
tense between the occupation authorities and the Muslim Committee concerning this
very important religious issue.
(e) Economic matters
1. Tbs local banks were closed, their assets confiscated and their work
suspended.
2. On the other hand, five of the main stores in the Arab sector were confiscated
and turned into branches of Israeli banks.
3. Ike Israel authorities abolished transactions in Jordanian currency and forced
the inhabitants of the Arab sector to change their money into Israel currency at
a rate much below that recognized in the free world markets and even further
below the official rate, thus causing the Arab inhabitants and other residents
heavy losses.
4. The occupying forces destroyed a large plastics factory inside the Walls,
where 200 manual and clerical workers were employed. The goods produced there were
marketed in Jerusalem, in other towns on the West Bank and in some neighbouring
Arab countries. The buildings were demolished and the machinery was pillaged
before the owners had time to remove it. By this action, the occupation authorities
deprived the inhabitants of one of the major projects on the West Bank.
I . . .
5. The tax authorities began to notify the inhabitants officially that motor
vehicles and telephones would be subject to taxation in accordance with Israel law.
They would also collect income tax. Practical measures were taken to impose
customs duties on all merchandise in Arab shops and wsrehcuses, although the
owners had already paid Jordanian duties.
6. The occupying forces seized the Pullman buses belonging to a Jerusalem tourist
company and to date have not returned them. Thus, the employees of the company
are denied the earnings they could have derived from tourism in Jerusalem.
7. The authorities recently declared that the law concerning absentee property
would be applied, and they appointed a custodian for "absentee" property. This
notoriously severe law gives the Israel Government the right to confiscate the
movable and immovable property of Arabs who are absent from the country and to
use it as they see fit. 'The property in question includes enormous tracts of land
and buildings, shares in companies , movable property and a variety of merchandise,
the whole amounting to millions of Jordanian dinars. This law is applied only
to the Arab sector of Jerusalem, which is considered by the occupation authorities
to form an integral part of the State of Israel. It would not have been applied
if this sector of Jerusalem had been considered an "occupied area" of the
West Rank of the River Jordan.
8. In the Arab sector of Jerusalem there are a number of holy and historic places.
A large number of tourist companies and Arab guides are established there. There
are many hotels, souvenir shops and motor vehicles catering to the tourist trade.
There was a very close linh between all these businesses and Jerusalem Airport,
which thus represented the main source of income for the inhabitants of the Arab
sector of Jerusalem. With the annexation of this sector to Israel, however,
tourist agencies and companies are landing their aircraft at Lod Airport, and Israel
tourist companies transport companies, guides, hotels and souvenir shops are
monopolising the tourist trade. Only a small minority in the Arab sector is
allowed to engage in these activities concurrently with their people. If this
situation continues any longer, it will cause many persons employed in the tourist
trade to close down their businesses and leave the country. This is the opinion
of all those who still remain. The purpose of Israel's policy of annexation will
then have been achieved.
I *..
-42-
(f) Social affairs
1. The annexation of Jerusalem to Israel separates those Arabs who remained
inside the city limits from their brethren living on the West Bank and from those
in the other Arab countries.
2. This aIXEXatiOII Creates complicated situations for the inhabitants of Jerusalem
and for those who work there. For instance, many city officials, workers and
tradesmen reside outside Jerusalem, either in the Bethlehem or Jericho area or
in the Rsmallah and Bireh area. As in every large town in the kingdom and
throughout the world, these persons come into town in the morning and leave in
the evening. The separation of the city where they work from the areas where they
reside causes them inconveniences, the least of which is the tremendous waste
of time at the frontier posts or the trouble of having to set up homes inside
the city, as a result of which they incur additional expenses and have to abandon
their properties or sell them at ridiculous prices, not to mention the many cases
where the members of a family are separated.
3. Until 5 June 1967, the population of Jerusalem was about 75,000, and if the
population of the surrounding areas - Sha'fat, Beit Iianina, Ram, Kalandia and
Tour - is included the figure was about 130,CCO. All these people were natives
of the country, and many of these inhabitants had relatives who had temporarily
taken refuge in Jordan, having fled at the time of the last incidents; similarly,
many of them have members of their families working for a fixed period in Kuwait,
Saudi Arabia, Libya, Qatar, Bahrain or Abu Zabi, or in other Arab countries. With
what they earn, these emigrants help their relatives in the annexed country, thus
ensuring their subsistance. They even managed, with the help of their sa.ings,
to purchase land or housing in anticipation of their return to the country. In
the meantime, they were receiving the rentals for these properties. Some had
invested their whole fortune in various companies in the country to provide for
their old age. These emigrants alone number more than 60,000. They have rights
in the city, like all the other present citizens; yet the annexation of Jerusalem
to Israel will prevent them from returning and enjoying their property and will
also deprive their relatives here of the help they were providing. This situation
will inevitably force some persons to leave the country to seek a livelihood
/ . . .
-43-
elsewhere, and this alone will further reduce the number of emigrants included in
the population figure by 190,000. This number probably exceeds the figure for the
Jewish inhabitants of the other sector - with this difference, that the Arabs are
natives of the country, while the Jews are mostly recent immigrants.
4. The Jews are beginning to unveil their projects for the construction of great
buildings in the town and its surroundings to increase the number of the Jewish
inhabitants to 500,000. The Arabs are afraid that these projects may be carried out
at the expense of their properties and of their possessions by confiscation or under
pressure. Likewise they fear that Jews may become the majority of inhabitants of
Jerusalem, thus appropriating the city, of which the Arabs would retain only
memories.
5. The occupation authorities have infringed the individual liberty of the Arabs
of the city by arresting certain members of the national committees who proclaimed
their opposition to the annexation of the Arab sector of Jerusalem to the Jewish
sector. They have also imprisoned other members of these committees for the same
reason.
The inhabitants of the Arab sector of Jerusalem and those of the West Bank
resolutely proclaim their opposition to all the measures which the Israel occupation
authorities have taken and which those authorities regard as constituting a fait
acccmpli not subject to appeal or reversal, namely, the unification of the two
sectors of tha City of Jerusalem. They proclaim to the whole world that this
annexation, even camouflaged under the cloak of administrative measures, was
carried out against their will and against their wishes.
In no event shall we submit to it or accept it.
Abdel Mughni El Natshe Faek Barakat Nihad Abu Gharbieh
Rhader Abu Strai Ali El Taziz Dr. Rashi El Nashashibi
Members of the Municipal Council
Rauhi El-Khatib Dr. lbrahim Tleel
Mayor Deputy Mayor
I . . .
-44-
C. Message dated 24 Julyl%7 addressed to the MilitarvGovernor
for the West Bank by Mr. Anwsr El-Khatib and twenty-three
other personalities
Jerusalem 24.7.67
H.E. The Military Governor for the West Bank,
Whereas it is in the nature of an occupation by any country or any territory
belonging to any other country that this occupation does not endow the occupying
COUntry with proprietor's rights over the occupied territory, nor does it endow
it with sovereignty over such territory, but enjoins it to foster the interest
of the occupied territory and to respect its laws and to protect the lives of the
citizens as well as their rights and property, ensuring at the same time the
freedom of conscience and worship, we therefore hereby declare that the orders
issued by the legislative and executive authorities in Israel annexing Arab
Jerusalem and its environs are null and void for the following rearons:
(a) Because Arab Jerusalem is an integral part of Jordan and because
Israelis precluded by virtue of section 4 of clause 2 of the United Nations
Charter from taking any action against the physical ssfety and political
independence of Jordan territory and has therefore no right to annex any part
of Jordan territory to Israel.
(b) Because the Assembly of the United Nations has resolved that the
annexation is unlawful, such resolutions having been taken by the said Assembly
in the course of its Emergency Session on 17.6.1967 and 21.7.1967 respectively.
(c) Because the Israeli Knesset has no authority that can enable it to
annex territory belonging to another State.
(d) That while we declare that the inhabitants of Arab Jerusalem and its
environs had already exercised their right of self-determination together with the
inhabitants of the West Bank in full freedom when they had opted for Union with
the East Bank thus constituting the Hashcmite Kingdom of Jordan, in accordance
with the unanimous resolution of the Jordan Parliament dated 24.4.1950.
And that in placing on record that the annexation of Arab Jerusslem is
illegal and unilaterally imposed by the occupying power contrary to the wishes
of the inhabitants of the city who oppose the annexation and who uphold the
integrity of Jordanian territory.
-45-
We, at the same time, place On record that the Israeli occupying authorities
had interfered illegally and in a manner which is COntra3Ty to IShmiC I.&W in
Muslim religious matters of which the following are some examples:
(a) The supervision by the Ministry for Religions in Israel Over the
Friday Sermon which is usually delivered in the Aksa Mosque in Jerusslem and
the deletion from the sermon of much of its contents including chapters from
the Holy Quran.
(b) Allowing Israeli visitors, men and women, to enter the Aksa Mosque
while unsuitably dressed and in a manner which is inconsistent with religious
belief and Arab and Islamic traditions.
(c) The destruction of two Muslim Mosques in the Msghrabi Quarter in
Jerusalem in addition to the destruction of the whole quarter which is entirely
owned by charitable MuslimWaqf property.
(d) Violation of the sanctity of the Ibrahimi Mosque in Hebron and its
closure thus preventing Muslims from visiting it throughout the week, with the
exception of a few-hours on Friday, while at the ssme time allowing Israelis
to visit it throughout the week snd perform within it certain ceremonies which
are not allowed by Muslim Religious Law.
(e) The interference by the Ministry forReligious Affairs in Israel
in matters pertaining to Muslim !e
(f) The appropriation of Waqf Land known as Al-Nather and situated on the
Tour Road in Jerusalem without the knowledge of the \xDepsrtment and against
the interests of the Isadministration.
(g) The attempt by the Israeli Ministry for religious affairs to interfere
in the Muslim Religious Courts including the Supreme Religious Court in
Jerusalem.
In view of al.1 the above we request the following:
1. To refrain from infringing upon the safety and political independence
of territOry belonging to the State of Jordan and to respect the Charter of the
United Nations and the principles of Public International Law and the two
resolutions Of the United Nations Assembly which were adopted during its recent
session and which declared as illegal the act of annexation and which called upon
Israel to annul the annexation of Arab Jerusalem and its environs to Israel.
I . . .
2. To desist from interfering with Muslim religious matters including
matters of personal status and the system of Muslim Religious Justice and matters
pertaining to religious guidance, and to respect the sanctity of the religious
ceremonies and Holy Places and not to interfere with MuslimWaqf.
3. To respect Arab Judicial religious or administrative and municipal
institutions in Arab Jerusalem and to &low the same to undertake all their
responsibilities which they have performed before the occupation.
And whereas the principles of Islamic Jurisdiction are clear and enjoin
Muslims to undertake all their religious responsibilities in person in
circumstances such as those existing now, and whereas the principle of Muslin
Jurisprudence precludes non-Muslims from taking charge of Muslim religious
matters, and whereas we, the representative Muslim citizens in the West Bank
including Jerusalem have met on this day in the Hall of the Muslim Court of
Appeal in Jerusalem, and after discussing the problems relating to Muslim matters
in every way in the light of Muslim jurisprudence, we have resolved as follows:
1. The signatories hereunder have constituted themselves as the Muslim
Body in charge of Muslim affairs on the VJest Bank, including Jerusalem, until
such time as the occupation lapses.
2. The said body has decided as follows:
(a) Empowering His Emminence Sheikh Abd Al-Hamid Sayeh with the authority
enabling him to undertake responsibilities of Chief Justice in the West Bank
as defined in the Laws of Jordan.
(b) Empowering the Muslim Court of Appeal in Jerusalem to undertake all the
responsibilities of the Council of Islamic vaqfs, the Council empowered to repair
Al-Aksa Mosque and the Holy Dome of the Rock as defined in the Laws of Jordan,
as well as all the responsibilities and power, - vested in the Director-General of
MuslimWaafs.
(c) Bmpo~~ering Sheikh Hilmi El-Muhtaseb to assume the responsibilities
of Director of Muslim Law in addition to his present office as member of Islamic
Court of Appeal.
(d) The appointment of H.E. the Mufti of Jerusalem, Sheikh Salad El-Din
El-A&& as an additional member of the Muslim Court of Appeal in addition to
the present office.
I . . .
(e) The appointment of H.E. The Muslim Religious Judge of Jerusalem,
Sheikh Sa'd Sabri to the membership of the Waaf and Islsmic Affairs Council
aforesaid and to the Council $or the repair of the Mosques as aforesaid.
(f) The above persons shall exercise their jl;risdiction and responsibilities
in accordance with the Jordan Law applicable on the West Bank including Arab
Jerus&l.em until the occupation lapses
Signed by:
Anwar El-Khatib
Governor of Jerus&Lem
Abd El-&mid Sayeh
President of the Supreme
Religious Court
Sa'd Sabri
Religious Judge in Jerusalem
L&wyer Ksnzl Dajsni
Aref El-Aref
Director of the Jerusalem
Muslim
Rauhi El-Khatib
Mayor of Jerusalem
Hilmi Al Muhtaseb
Member of the Supreme
Religious Court
Sa'd Ed-Deen El-Alami
Mufti of Jerusalem
Lawyer IbrajimBsker
Feud Abd Hadi
Lawyer aa Senator
Abd Rahim El-Sharif
Lawyer end Sar;ator
Lawyer Sa'd Ala' Eaain
Lawyer Abd El-Muhsen Abu Mizer
Ishaw Duzdar
Lawyer Hafez Tshbob
Dr. Daoud Husseini
Lawyer Anwer Zaki Nusseibeh
Lawyer Cmer Wa'ri
Ishaq Daz-wish
Hasan Tahbub
Director of Jerusalem Waqf
Dr. Subhi Ghosheh
Ali Tazziz
President of the Chamber of Commerce
Faek Barakat Nihad Abu Gharbieh
\ -47-
I . . .
-40:
D. Resolutions adopted by the Higher Wagf Council and
the Committee for Muslim Affflirs on 14 Aueust 1967
The Higher mf Council and Committee for Muslim Affairs read in its meeting
held on 9 August 1967 the report published by the Jerusalem post in its issue of
8 August 1967 under the heading "The need to clear 82 metres in the area
of Al-Baraq Wall" snd discussed the evolution of the question of the Wailing Wall
in its different Phases and adopted the following conclusions.
1. The Jews have right of access to the Holy place called the wailing Wall,
which is the Western Wall to the Holy Mosque, and the Muslims have preserved the
Wall throughout the centuries and saw to it that no damage ever occurred.
2. The Jews enjoyed full freedom in using their rights of access to this
Wall to conduct prayers end supplications until the 1948 war.
3. The Jews' rights in the Wailing Wall have been established by
status auo and tradition.
4. In 1927 during the British Mandate Government, the Jews tried to go
beyond their rights, and a bloody incident ensued between them and the Arabs. An
official paper (The Western of Wailing Wall) was published by H.M. Mandatory
Government in Palestine in 1931, following the resolution adopted by the Lesgue
of Nations on 14 January 1930 and this paper announced the formation of a judicial
Commission to consist of three non-British members. This International CoIImIiSSiOn,
after investigations, gave the following ruling:
(a) The Western Wall is exclusive Muslim property, and Muslims exercise right
in rem over the Wall since it is part of the area of the Holy Mosque which is
muslim Waqf. Muslims also have right of property over the rasif facing the Wall
and over the Maghrabi Quarter in the vicinity of the Wall since they are
charitable Muslim Waqf.
(b) The Jews have right of access to the Wall where they can conduct prayers
and supplications subject to the following rules.
(c) The door at the northern end of the Wall should be kept closed at certain
hours which have to be decided upon and become binding, seeing to it that the
Muslims~ right of passage on the rasif in the customary way is respected and
preserved.
-49-
(d) It is prohibited for any person to use the area in front of the Wall
or the area adjoining for speeches or political demonstrations Of snY type.
(e) Since the Wall is an historical site, the Administration in Palestine
should undertake its reconstruction and preservation after consultation with the
Higher Muslim Council and the Rabbinical Council.
(f) Failing any action by the Muslim authorities to reconstruct the rasif,
the Administration in Palestine should then take the necessary steps to
reconstruct it.
(g) The wooden door leading from the rasif to the corner in the northern
end of the Wall should remain closed on Saturdays and on Jewish Feast days . . . etc.
Reference: Palestine Laws 1933, Volume 4, page 339’7 and following -
Arab Edition.
5. When the Israeli Authorities occupied Arab Jerusalem with other Arab
territories after the June war, they contravened all local and international law or
Conventions. In the Wailing Wall area they destroyed two Muslim Mosques and a
whole quarter, the Maghribi Quarter, rendering its population homeless, although
the quarter is a charitable Muslim Waaf, in order to expand.
6. It is established in international laws, and conventions that it is not
ellowed to infringe upon other peoples 1 rights in en attanpt to expand one's
own through the exercise of acclaim to expand. Therefore the abovementioned
actions contravene all laws and conventions.
7. The Israeli Authorities went further in the publication of a story in the
Jerusalem Post under the heading "The need to clear 82 metres in the Area of the
Al-Baraq Well" which contained the following:
It is possible to settle the dispute which arose over the issue of
decent behaviour in the area facing the Wall, and specially as regards the
separation of women from men in the Area, if the plan drawn up in the
Ministry for Religious Affairs to clear 82 metres is executed.
A Committee for Education attached to the Knesset toured the Jewish
Holy Places yesterday, and was informed by Chief Rabbi Torin, an official
in the Ministry of Religion, that the concerned area is concealed by a number
of buildings adjoining the Wall, and that it is possible to destroy these
buildings and thus clear 48 metres for those who wish to pray whilst the rest
of the area will remain open to the general public.
-5o-
Chief Rabbi Torin also said that it has been proved that the northern
part of the Wall also existed but was concealed by a number of buildings
constructed over the centuries, and that the excavations carried out by the
Jordanian Authorities showed that the Eastern part of the Wall existed in its
entire length, and it is thought that the site for the Southern part also
exists, and thus the Walls surrounding the Temple should extend for
480 mea-es.
In view of sll this.
The Higher Council for Muslim && in the Western Bank, in its mentioned
capacity and in its capacity as a Muslim Committee responsible with the Director
of the Office of Muslim Wx, has convened and discussed the dangerous situation
referred to by the aforementioned paper, and has decided to put the following
on record:
1. The Muslim Committees in the occupied territories on the West Bank do
not deny the Jews their traditional rights in the Western Wall.
2. The Muslim bodies, though, point out that the actions referred to in the
Jerusalem Post, if accurate, imply the destruction of the honorary corner
adjoining the Blessed Aksa Mosque, which is a Holy Muslim Shrine, together with
other buildings, the destruction of the Tankisi School, the site of the Old
Religious Court, where a Mosque stands, the destruction of the Institute for
Muslim Studies and the Secretariat of the General Islamic Conference, all of which
are religious and historical Muslim sites and charitable Muslim W&.
The above-mentioned Muslim bodies hope that the Authorities will take into
consideration the consequences of such actions and its repercussions in the
Muslim and international communities, and the damage which such actions would
cause to the Aksa Mosque, and that it will further take into consideration that
it is not permissible to infringe upon the rights of Muslims or to violate the
sanctity of their Holy Shrines, and that such actions would contravene all
international laws and conventions.
We hope that the Israeli Authorities will reassure the Muslim Community
that it does not contemplate hurting Muslims susceptibilities concerning their
Shrines, W&and charitable institutions , and further that the story published
in the Jerusalem Post is not accurate and has no support from the Ministry of
Religious Affairs or any other official body.
-5L
We have asked the Director of the Office of Muslim Wasf to inform the
Military Governor of this meeting and the resolutions adopted in it.
Sianed:
Said Sabri: Member of the Wasf Council and
Judge of the Muslim Religious
Court in Jerusalem
Hilmi Al Muhtaseb: Member of the Wasf Council and
Member of the Supreme Muslim Religious
court
Abdel Hsmid El Sayeh: President of the Wapf Council
and President of the Supreme Muslim
Religious Court
Hassan Tahboub: Director of the Muslim Waofin Jerusalem.
Sa'd F&Din Alsmi: Member of the W&Council and Mufty
of Jerusalem
I . . .
-52-
E. Document dated 22 August 1967 submitted bx
Sheikh Abd Al-Hamid Al Sayeh and twentyeight
other personalities
In the Name of Cod the Merciful the Compassionate
Ruling by the Muslim Jurists
In view of the publication of an article in the Jerusalem Post on
8 August 1967 under the heading: "The need to clear 82 meters adjoining the
(Raraq Wall)" which stated that the Ministry for Religious Affairs in Israel
had drawn up a plan to clear that area, and that the Committee for Education
in the Enesset has toured the Holy Places and was informed by Chief Rabbi !Corin,
an official in the Ministry for Religion, that the area concerned was hidden
by the buildings adjoining the Wall, and that the southern end of the Wall had
existed before but was covered by buildings erected over tiue etc....
And in view of the prayer conducted by the Chief Rabbi of the Israeli
Army, Brigadier Coren with some followers in the area of the Al-Aksa Mosque
on 15 August 1967, and his statement that he intends to conduct other prayers in
the area, and to build a synagogue there, on the pretext that it is some distance
from the Al-Aksa Mosque, and Holy Dome of the Rock, and further his statement
that the aforementioned area is part of Mount Mora, as alleged in Haarets in
its publication on 16 August 1967.
And in view of the statement by the Minister for Religion in a conference
held by Jewish Rabbis for Jewish communities outside Israel in support Of
Jerusalem, which was held in the Hall of ?Che Suleiman Temple" in Jerusalem, and
which was attended by the world Mizrahi party, representing Jewish communities
in Britain, Canada, France and America, and in which the speakers included
Dr. Samwel Yorsky, the Chief Rabbi of New York, and its Zionist leader, the
Minister for Religion, and Dr. Mitchin, the Chief Rabbi in Britain.
And in view that the aforesaid statement of the Minister contained the
following:
"me Liberation of Jerusalem has placed all the Christian Holy Places,
and an important part of the Muslim Holy Places, under the province Of
Israel, and has returned to the Jewish their Holy Places. But Israel has
I . . .
-53-
other Holy Places in East Jordan , and the Holy Mosque in Jerusalem, though
Holy to other religions (referring to Islam) is a Jewish shrine, but we are
not thinking at the present Of building our temple there, though we will
do all we can about it, and we will build all the Jewish Synagogues in the
Old City and enlarge the area of Al-Paraw Wall as soon as possible.
"As to the Holy Ibrahimi Mosque, the Cave is a Jewish shrine which we
have bought, in the same way we have bought the Holy Rock in the days Of
David and the Yabusins, and our rights in the Cave and the Rock are rights
of Conquest and acquisition."
And in view of what was reported in a talk with the Minister for Religion
in the 18 August 1967 edition of Haaretz that the Cave of Makfila and the Reraq
Wall are Jewish by right of conquest and acquisition.
And in view of the far-reaching consequences of the above statements and
actions for Jerusalem and the Holiest Muslim Shrines.
We, the Muslim Jurists, Ulama, and X&ties in Jerusalem and the rest of the
West Rank in the Hashemite Kingdom of Jordan announce and declare the following
rulings:
1. That the Al-Aksa Mosque and the blessed Ibrahimi Mosque are Muslim
Mosques which are Holy to Islam.
2. That the Aksa Mosque is the first place towards which the Muslims turn
their faces in prayer, and the third Holiest Mosque in Islam the pilgrimage to
which is imperative on all Muslims according to the Hadith of the prophet, may
Sod's blessings and peace be upon him as reported by the Imam Pakhari and others.
(The pilgrimage of Muslims should be directed to three Mosques only, this my
Mosque (the Prophet's Mosque) and Al-Aksa and Al-Haram Mosques.)
And that the blessed Al-Aksa Mosque was the terminal point of the Prophet's
Holy journey, may God's blessing and peace be upon him, and the starting point
of his Holy passage, and that it is imperative on all Muslims throughout the
world to safeguard the sanctity of Jerusalem and the blessed Mosque with the
same care they safeguard the sanctity of Mecca and its Mosque and protect it
from aggression, so that the two terminal points of the Prophet's Holy passage
are cared for and cherished, and seem to that easy access to those Mosques is
guaranteed to alltislimsthroughout the world.
God the most high has ordained; (Mighty is He who transported His Servant
at night from El-Haram Mosque to El-Aksa Mosque which We have blessed, as We have
blessed the area surrounding it) - from Surat Al-Isra.
3. That the Aksa t?osque referred to includes all the Mosque, which is
the Mosque, the surrounding walls, and the doors, which today includes Al-Aksa
Mosque, the Holy Dome of the Rock, and the adjoining area.
And that any violation of the sanctity of the area contained within the
walls of the Holy Mosque is a violation of the sanctity of the Holy Mosque itself.
And that the jurists and historians have ruled that this area concerned
extends 700 pits in length and 455 pits in breadth, whilst others maintained that
the area was larger, because of the controversy over the principle of measurement
used and the exact measure of a pie.
And that during theMandatory period it was established after detailed study
that the aforesaid area was 140 dunums and 900 metres.
References: Ibn Al-Fakih in 903 AD, Ibn Abd Rabboh Al-Andalusi in
hia book: Al-Ukd Al-yarid 913 AD, Al-Erakdasi in 985 AD, and the Yap of the
Rely Roosque published in 194 by the Survey Lepartuent, the British Randate
Government.
4. That the Jews have rights in the Wailing Wall established by the
statue, quo and tradition, both during Muslim-Turkish rule and Christian Mandate
Government, and that they had fully and freely utilised these rights until the
Arab-Jewish war in 1948.
And that the Jews wished to expand these rights in 1929, causing bitter
conflict with the Muslims and Arabs, leading to violence and revolution in 1929,
and that, as a result of that bloody incident an official paper "The Western or
Wailing _-W._-a ll!'was published in Palestine in 1931 by Britain following the resolution
adopted by the League of Rations on 14 January 1930, and that this paper announced
the appointment of an International Commission to consist of three non-British
jurists, and that the Commission after the hearings from leading Muslim and Jewish
lawyers, concluded the following ruling:
(a) That the Western Wall is exclusively Muslim property on which Muslims
exercise right in rem, since it is contained within the area of the Holy Mosque
which is Muslim Wagf, and that Muslims have rights of property over Al-Rasif,
which stands before the Wall and before the area known as Moghrabi Quarter
adjoining the Wall, since it is, according to Muslim jurisdiction, a m properly
dedicated to charity.
I . . .
-55-
(b) That the Jews have right of access to the Western Wall to conduct
prayers and supplications subject to the following rules.
(c) To keep the door on the tip of the Southern Wall closed on certain hours
but to respect the right of access and passage to Muslims on Al-Rasif as customary.
(a) To refrain from using the area before the Wall or its surroundings for
speeches or political demonstrations of any kind.
Reference: Palestine Laws 1933, Fourth Volume, page 3397 and following
in the Arabic translation editions.
And that this ruling has settled that Arab-Jewish dispute concerning this
Holy Place, and has become an international document which has universal
application, and under no circumstances should this dispute be allowed to arise
again, in the same way that judicial ruling should settle any other dispute.
Thus the expansion in the area of the Wailing Wall is a violation of the
right of Muslims in the Koghrabi quarter which is a Muslim Charity 1x, and the
intended expansion, reported in the Jerusalem Post, will imply the destruction
of the adjoining corner to the Holy Mosque, and includes a Mosque amongst other
houses and buildings, and the destruction of the !Rankizi School, on the site of
the old Muslim Jurisdiction Court, on which a Mosque, the Institute of Muslim
Studies, and the office of the Muslim Conference stand, all of which belong to
Muslim Charity Waqfs, and are historical sites which should not be tampered with
or touched, and that the aforesaid intention violates Muslim rights and is in
contravention to international laws.
5. That the rights of property over the Holy Rock and the Makfila Cave in
the ROly Ibrahimi Mosque, established by old traditions and rulings after the
passage Of fourteen centuries during which the Muslims exercised these rights,
are undisputed and that to dispute them is not permissible by any religious
convention or rule, or any local or international law, and that to dispute these
rights will subject personal and international rights to grave dangers, especially
since the Muslims, on entry into this country after the Roman rule, have never
violated the sanctity of the Temple or its relics but acted as custodians for
Jews and offered them refuge from the aggression which they suffered throughout
to non-Muslim world and that, finally, the site of the Temple has not been
established categorically in any religious text, and is controversial issue amongst
historians and archaeologists.
I *..
-56-
In view of all this, and following the juridical rulings and historical
facts, we declare the following:
1. Any violation of any part of the area of the Holy Mosque is a violation
Of the sanctity and holiness of the Mosque itself.
2. That the Ibrahimi Mosque in Hebron, is a Muslim Mosque in its entirety,
and that any violation of any part of the shrine is a violation of its sanctity.
3. That the area surrounding the Status of the Wailing Wall, which is
the Western Wall to the Holy Mosque, has been settled in the International
Ruling mentioned above, and published by the International Commission in 1931,
as Muslim property, and this ruling is categoric and binding.
4. That to change the status quo in the Holy Mosque and the Ibrahimi
Mosque, or to expand the area of the Wailing Wall is a blatant violation of the
sanctity of the Muslim shrines, and constitutes a naked aggression which will
have far-reaching consequences not only within the Muslim community in Jerusalem,
but throughout the Muslim world and the international community.
5. That the Muslims offer free access to Jews and non-Jews to the Muslim
holy places, subject to the condition that this access is treated with the
behaviour and decency imperative in respecting the sanctity of these Holy shrines.
1.
Signed by:
Abd Al-Hamid Al Sayeh
2. Said Abd Allah Sabri
3. Suleiman Al Ja'bari
4. Mustafa Tahbub
5. Wasef Abdo
6. Sufian Al-Khalidi
7. Abd Al-Hal Arafah
8. Rashad Al-Hilxani Tamimi
9. Yasin Sadeq Al-Pakri
10. Abd El-Kader Abdeen
Jerusalem, 22 August 1.967
Chief Jurist in the Western Rank and
President of the Court of Appeal
Chief Judge of Jerusalem and Member of
the Muslim Institute
Religious Instructor in the Ministry
of Education
Chief Judge of Hebron
Chief Judge of Jennin
Chief Judge of Tulkarem
Mufti of Hebron
Member of Muslim Institute and Teacher
at the Ibrahimi Mosque
Imam and Teacher at the Al-Aksa Mosque
Teacher at the Aksa Mosque
I . . .
-57-
11. Ahmad El-Khatib
12. Yunis Abu Rab
13. Fath Allah Salmudi
14. Saleh El-Silwadi
15. Rateb Al Buwick
16. Hilmi Muhtaseb
17. Said Eddin Alami
18. Mohd. As'ad Imam Husseini
19. Jum'ma Al-Silwadi
20. Rajab Bayood Tammimi
21. Mohd. Said Al-Jamal
22. Tawfiq Jarrar
23. Jamil El-Ehatib
24. Mohd. Nhalil El-Takruri
25. Akramah Sabri
26. Yousef El-Silwadi
27. Mohd. Nhalawi Jolani
28. Abd El-Sam'eh Hasan Rifa'ei
29. Mahmoud Al-Habeeh
Roving Preacher for the Ramallah area
Preacher for Jennin
Preacher and Imam of Silwad Mosque
From the Ulama
Chief Clerk in the Court of Bethlehem
Member of the Court of Appeal
Mufti of Jerusalem
Chief Judge in Ramallah
Chief Judge in Nablus
Chief Judge in Bethlehem
Assistant Chief Judge in Jericho
Mufti of Jennin
Preacher and Imam of the Aksa Mosque
Imam and Teacher at the Aksa Mosque
Teacher at the Muslim Institute
Chief Preacher in Ramallah Area
Chief Preacher in Bethlehem
Imam and Preacher in Mosque of Bethlehem
From the Ulama
I ..a
-59-
A. Survev of Activities Undcrtahcn by Covornmont Ministries
to Imolement the Reunification of Jerusalem
This survey smnmsriaes the activities undertaken by the
Government Ministries in charge of services and economics after the
reunification of Jerusalem. These activities were primarily ccx~ceraed with
the renewal and establishment of vital services to the civilian popalation and
the return to normal of economic and commercial conditions.
Ixlring this period preparations were also made for the
expansion of government services, such as preparations for opening the
schools for the new academic year beginning September 1, arragements for
introducing student medical services and opening of social welfare offices
under the auspices of the Ministry for Social Welfare and the Jerusalem
Municipality.
I. Activities of Service Ministries and the Jerusalem Municipality
1. Ministry of Health
a. Activation of Services
All health services functioning before Jane 5 have been
reinstituted with the former medical, administrative and maintenance staffs
remaining at their posts under the supervision and professional direction of
the iVinistry of Health.
Because organisation and level of services are of a lower
standard than those in Israel, the Israeli supervisory staff is working with
the local employees to improve gradually the quality of services.
b. Institutions Operating
1. Government hospital with a 104 bed capacity.
2. Health Bureau which sponsors a general clinic offering
basic medical services to the pqadation without charge.
,
In addition to its role as a professional tmd administrative
authority, the Bureau is also concerned with general questions of public health,
I . . .
prevention of malaria, enforcement of work safety ordinances and registration
of births and deaths.
3. A blood bank serving the city hospitals and, at present, the
hospitale of the West Bank
4. A central laboratory which provides servtees for the
hospitals of the region (ramallah, Jericho, Bethlehem and Hebron).
West Bank.
5. A Tuberculosis Prevention Centre serving the city and the
6. The Ministry assists the Mother and Child Welfare Stations
by supplying midwives to some of the stations and granttng other forms of
aid according to need
Health :
c. Health services functioning with the help of the Ministry of
Jerusalem has six philanthropic-public hospitals with a 383 bed
capcity. Attached to these hospitals are clinics offering ambulatory and
consultative services. The Ministry of Health provides these institutions with
lalxwatory and blood bank services, vaccines, etc.
d. The ltcenstng of medical personnel is in process, on the basis
of a fist compiled by the Health Bureau.
e. Standard tnnoculation given to the Israeli population will bs
extended automatically to East Jerusalem residents.
f. The Minister of Health appointed a Commission to study East
Jerusalem health services and submit a comprehensive health programme
.including recommendations on organisation and activtties of health services
and delineation of areas of responsibfltty of the various service bodies involved.
g. The Hospital Authority is at present examining the question
of hospital facilities available in United Jerusalem, including those of East
Jerusalem and Mt. Scopus.
-62-
2. Minislry of Posts
8. Mail and Telegraph Service.
On July 5, 1967 the first East Jerusalem Post Office branch
was inaugurated across from Herod’s Gate. All branch workers are former
employees of the Jordanian Postal Services. The branch is open 7 days a
week and offers a complete range of postal services. These include telegram
delevery to all of East Jerusalem, with the exceptions of Shufat ad 9eit
Haulna where branches are to be openend shortly.
b. Telephone
After the East Jerusalem telephone system was repaired,
the lines were connected to the national network on July 31, 1967. All services,
including international connections, are now available in East Jerusalem.
Some lines are still undergoing repairs, but the Ministry of Posts hopes to
have the entire network completed within 4 weeks.
3. Ministry for Religious Affairs
a. Activities of the Department for Moslem and Druze Affairs.
This Department is in contact with the various Mpslem
institutions in East Jerusalem, including the Shari’s Court of Appeals, the
Shari’s Kadi, the School for the training of Religious leaders and the administrators
of the kIoslem religious sites.
The Ministry for Regllgious Affairs has allotted the mm
requested by the Moslem leaders to pay the June salaries of their employees.
The Minister for Religious Affairs has met with the Moslem
Kadi to discuss various problems concerned with the Shari’s Courts.
Arrangements have been made to continue with the repair work at the &Aksa
Mosque.
In response to the request of the Kadis, and in consultation
with them, an agreement concerning visits to the Moslem Holy Places has been
reached.
/ . . .
b. Activilies of the Bepartment of Christian Affairs.
Immediately after the cessation of fighting, contact with
Church leaders residing in East Jerusalem was resumed. It should be pointed
out that most of the Jerusalem Patriarch5 and Bishop5 remained ia
communication with the Ministry for Religious Affairs owr issues including
the unification of Jerusalem during their visits to Church institutions in Israel.
The Mlnlstry assisted the Church leaders with such problems
as war damages, exemption from taxation. travel permits ad documents for
traV‘3l &Mad.
In consultation with Christian leaders, arrangement5 wers mad5
concerning aocess ta the Christian Holy Places.
The Ministry for Religious Affairs, in cooperation with the
Police and the Ministry of Labour, cleared the approach to the Western Wall.
Necessary improvements of path5 leading to the Wall have heen made, as well
as plans for the paving of existing and constructing of new approaches.
4. Ministry of Education and Culture
a. Children and Schools
Establishing of compulsory kindergarten5 -
The Jordanian Compulsory Education law does not include
kindergarten attendence for children above the age of five. To remedy this,
ttr Ministry of Education and Culture has prepared a programme for the
gradual introduction of compulsory kindergarten education and the establishment
of such kindergartens. At the commencement of the 1967 academic year,
parents will be informed of the opening of kindergartens attached to government
elementary schools 89 is done in the Arab schools in Israel.
Durfng the coming academic year, the Ministry of Education
will retain the educational structure prevailing in East Jerusalem before the
War. Accordingly, Junior lilgh School comprises the ?th, 9th and 9th years
of schooling. the Ministry will administer examinations for passing into the
19th grade 5s ws done under the Jordsnian regime, and will set graduated
school fees for the 10th. 11th and 12th years.
The Ministry of Kducation has made arraagemenls to retain
the teaching and administrative staff formerly employed by the Jordanian
Government. Niae former officials of the Regional Education Office of
Jordan are assisting with the necessary preparatioas for the opening of the
academic year.
b. Department of Antiquities and Museums
Immediately after tbe War, the Department of Antiquities
aad Museums was entrusted with the responsibility for the Rockefeller Kuseum
aad its collection. The Department immediately began BxaminBtion of the
exhibits and has taken the necessary steps to safegaard the building and
collections. Though the building aad some of ita exhibita were damaged
during the war, the museum was reopened to the public on July R, 1961. The
Bead Sea Scrolls which were removed to safety before the fightiag were found.
A number of former Jordanian employees have resumed their work at the
Museum.
Archeological work in East Jerusalem has been renewed; and,
Kathleen Kenyon, the British archeologist, has resumed with her 4 excavations
in East Jerusalem.
5. Ministry of Police
The activities of the Ministry of Police may be divided into
two major periods :
- end of hostilities until reunification (June 29, 1967);
- from reunification onward.
Baring the first stage, the police was primarily occupied with
assisting the military forces in protecting the historical aad holy sites,
preventing looting, directing traffic, supervising traffic between the two
sectors of the city, etc.
With the transfer of Jerusalem from military to civilian
responsibility, the police were given the task of controling traffic to the Holy
Places. To date 36 local policemen and officers have been hired out of a
total of 100 planned to be added to the Israeli Police Force. Former regional
police personnel arc now working with the Israeli force. Thirty p~RCemen
will be placed at the Church of the Holy Sepulchre, the Mosques of Omat and
al-Aksa and the Western Wall.
6. Ministry of Justice
The Mintstry has taken over the existing Land Register Books
in order to allow continuation of lsnd transactions.
Aceor- to regulations promulgated by the Mtniater of
Justice, East Jerusalem lawyers may continue to practice without the need
of addttional exaniinations.
‘7. Ministry for Social Welfare
The Ministry for Social Welfare conducted a study of welfare
institutions in East Jerusalem to facilitate continuation of their food distribution
activities. In coordination with the Juvenile Court and the Police, arrsngements
were made for probation Officers to continue their work with childr~ under
their care.
In coordination and cooperation with the Jerusalem Municipality,
the Ministry is basing its activtties upon the followtng :
Continuation of welfare payments at their previous standard,
to persons deemed needy by the Jon’ lnlan Government;
Registration of new welfare cases since the War;
Opening of a Welfare Bureau in the Old City;
Employment of 5 former Jordanian welfare workers who
prevtoualy served in East Jerusalem.
The Regional Bureau of the Ministry of Social Welfare and the
hlunicipal Soctal Department are drawing up a programme for the gradual
improvement of welfare services to the level in West Jerusalem.
8. Ministry of Labour
a. Surveys of the various areas within the Ministry’s sphere
of responsibility are being carried out. These cover cooperative enterprises,
I ..*
-66-
vocational ctication inslilutions, industrial @aats, trades, services and labour
relations. With completion of the surveys in the near future. a comprehensive
progmmme of activity will be formalated.
b. Legal aspects concerning the labour situation are being
Studied - - for example, corporatioas which were registered under Jordan
as cooperative societies, or &hour contracts which were registered as
collective agreements.
The Minishy will make special budgetary allotments fox
implementation of its services ia eastern Jerusalem.
d. Services offered to the publtc :
I. A Labour Bureau was opeaend which operates according
to the 1959 Labour Services Law and handles regtsh’ation of job-seekers,
centralisation of requests for labour aad notification of suitable job-sackers
and provision of relief work.
2. Establishing contact with employers (gOvertImenti and
public bodies during the first stage) to bring to their attention the responsibilities
of employers toward their workers and the work-safety regalatioas (work
accidents, building activities, overtime-work hours, etc). The distribution
of such information has already started, though communication problems related
to the difference behveen the spoken aad written langaage have arisen.
3. Investigations of work accidents aad safety-inspentton
visits have begun.
following :
4. The Ministry’s PabRc Works Department is exeCUting the
Wall;
Building for the Ministry for Religious Affairs near the Western
Repairing of the Church at David’s Tower:
Repairing of war damage to the Rockefeller Museum;
Completing of government hospital (at Sheih Jarra):
Repairing of war damage to Old City Walk near DaIIISSCUS Gate;
Constructing of Post Office:
/ .,.
When possible the Dspartnmnl msponds to request from various
gowxnment ministries (Tour&n, Prime Minister’s Office, etc.) and at present
is negotiating with UN&A concerning work on their buldlags.
9. Ministry of the Interior
On Jute 26, 1367 a ceasus was taken by the Ministry of the
Interior. in cooperation with the Central Bureau of Statistics.
The Ministry has opened a Bureau for registration of citizens
and offering necessary services. principally distribution of identity cards.
10. Ministry of Transport
a. After a survey. the Ministry of Transport issued new
automobile and drivers licenses (private and commercial vehicles) to East
Jerusalem residents. With the exchanga of licenses, third parson liability
insurance was also arranged. The Ministry is preparing qualifications
regulations for public traasportation.
b. Licenses for operation of bases in East Jerusalem have
been issued. Permits are valid for a three-month period, until vehicles
are inspected and the traffic schedule organised.
c. The Ministry has made the necessary arrangements for
testing all vehicles in the city.
d. The Xlnistry is conducting a survey of all automobile
owners in East Jerusalem. When the survey is completed, the Ministry will
decide apon issuance of licenses to East Jerusalem residents, according to
the criteria applied in West Jeiwalem.
e. The Ministry has permitted the operation cf two car rental
agencies and, in coordination with the Ministry of Tourism, of touring cars.
f. The Minister of Transport appointed a Commission to study
trsnsportation problems resulting from the reunification of the city. The
Commission’s recommtwdations will he implemented by the Ministry oi
TrsnsIvxt, in cooperat ion with the Ministry of Finance and the Jerusalem
~Iunicipnbty.
/ . . .
ll. The Jcrusabm NunicipaltQ
With the decision to reunlte Jerusalem, the Municipality extended
aI its services to East Jerusalem. though. in reality, vItaI services were
provided immediately after the war.
a. Municipal Services
The Supply of water, the most importaat muntcipal service,
was resumed with the connection of the water networks of both parts of the
city shortly sfter the War ended. The water allotment oi L&t Jerusalem was
increased and a plan for farther eapansion of the water supply Is being
executed. The Jerusalem Municipality accepted responsibility for the
maintenance of its water sources though these lay outside the mtmtcipal area.
The Municipality also improved aad repaired the water supply system in the
villages within her jurisdiction (Shafat aad Sur Bahar).
Sanitation and F’ablle Health services were considersbly
expanded and the Municipality ordered new mechanised equipment and trash
containers. The Public Health Department conducted anti malaria examinations
and improved municipal health installations.
The Central Bus Station has been repaired and the fire-fighting
services reorganised.
The JIunicipaltty is devising a plan for those areas which were
previously “no-manIs-land”. As the first step, it has torn down several
struchwes sad cleared roads for pssssge behveen the 2 parts of the city.
b. Reorganisation of Administration in the United City
1. nIunlcipa1 departments have been merged and their
employees have joined the unified departments. The Departments of Public
Health and Sanitation and Blunlcipal Supervision have moved ta the East
Jerusalem hlunicipality building.
9. Former employees whose jobs were eliminated by the
department mergers were places in a “pool” and efforts are being made to
find them other employment.
::. Absorption of workers in government services transferred
to the tnuniripahty has begun (education, welfare, public health).
I . . .
4. Labour pmcedums and registration rules have been set.
II. Activities of Government Ministries concerned with Economic Conditions
1. Ministry of Finance
The Ministries of Finance and Commerce and Industry are
working toward the resumption of normal economic activity as rapidly as
possible. The Foreign Currency Department has fnstituted the procedures
necessary to handle the requests of East Jerusalem residents. Sections of
the Foreign Currency Act ara being translated into Arabic, particularly
those dealing with tourism in order to facilitate resumption of tourist
activities in Jerusalem. The Income Tax and Import Tax Departments have
also take all necessary action to permit normal functioning within their
spheres of responsibility.
2. Ministry of Commerce and Industry
The Ministry of Commerce and industry is conducting a survey
of trade in East Jerusalem. The Ministry is in contact with the Jerusalem
Chamber of Commerce which has a membership of 1.500. Ministry controllers
have visited factories and workshops and have advised their owners on such
subjects as acquisition of raw materials, import licenses. etc. Food
wblesalers are being informed that they must hold permits from the Ministry
in order to continue their trade.
3. Ministry of Tourism
The Ministry surveyed and registered all persons connected
with tourism in Jerusalem. Representatives of the Ministry met separately
with all those involved in the tourist industry in order to gather information
and clarify existing problems.
a. Hotels
A general survey of hotels was conducted, including
establishing the number of rooms and level of services offered. Once hotels
were classified according to the system prevailing in Israel, they were
permitted to accept tourists. Hotel owners met with Ministry officials and
/ . . .
dwklotl upon price lcvols, which wcrc then published in lsracl and &road. The
Ministry of Tourism is precessicg requests for loans for hotel renovations.
Negotiations on the Inter-conticeatal Hotel have been concluded and management
will pass to the company wit&c a few days,
b. Publicatiocs
A new map of Old Jeru%lem and a pamphlet on Christian
and Moslem Holy Places have been publlsbcd, so has a booklet on the Jewish
Holy Places. A revised pamphlet on Jerusalem is in the final stage of
execution and a new publication on Christian pilgrimage is b&g prepared.
c. Travel Agencies
Temporary permits have been issued to travel agencies
which will gradually be exchanged for permanent licenses once the agencies
fulfil1 the Israeli requirements.
d. Tourist Guides
East Jerusalem guides wiIl be able to escort tourists on
the basis of a temporary permit. To receive the permanent license. a guide
is required to undergo instruction accordmg to existing regulations.
e. Stores
Registration of East Jerusalem stores is in process.
f. Tours
Tours which include all the historical and hoiy places of the
three religions have been orgacized.
August 25, 1967
I . . .
B. Activities Remrt of the Joint Municio&ity
in I&t Jerusal~n - July 1967
Muaicipal serviccu hue beea in full operation sIncncc 29 June. Ia fact,
they began to function right at the b&ming of June, when the municipality
was acting as the agent of the Military Government. In providing the services,
the following principles were observed:
a. Union of the two parts of the city.
b. Equalis&ion of services.
c. A standard of services compatible with the needs of
the capital of Israel.
The municipality did not coafine itseli to the services which it is required
by law and custom to supply. Ii also dealt with such other matters as care of
refugees, repairing war dama& ta&lb:& economic and employment problems,
transportation, and the safeguarding of the Holy Places.
I. -PAla ns, Surveys and Cocrdiiinatior, -
1. A provisional programme oi :xtiviiiuS acd a dralt budget has been drawn
up. After tbe financial comn~ittec had I’ericV:ct tbe drtit budget, it was submitted
to the Ministry of Finance and ;iic Xinisrry oi tbe Ifiterior and by the
end of the month items of its several section, - irn ordinaly, extraordinary
and a development budget - were dunerally ap;xovtid.
2. A Population rind Housing Censils was carried out to gather the data
necessary for planning municipal o;>ernrions and drawing up the tax assessment
schedule and the overall system 0:‘ taxation.
3. A Business Census is b&g planned for the purposes of statutory commercial
taxes and licensing processes.
4. Meetings were held \vith inzziiutiou ir,tercared in statistical nm;c;rial,
and Jordanian statistic;ll sources, dispersed ad a rcsuit of the 1%~. were
l”cntc*d.
/ . . .
G. A surwy or municip:~l I;uds and buildings was condilcted and uI imw&,ory
drawn up. The former municip:dity’s asacts and Ihbililics, were checked,
contracts nnd the system of t.aation wuro oxaminod.
7. A water supply scheme, to be operated until lSG9, was prepared.
8. The Falk Project for Economic Research was asked to prepare a mediumterm
economic, social and cultural development plan, and a “brains trust” wae
assembled to help the planners in their work.
9. A commission of sculptors and painters, architects and graphic artists
was set up to draft directives for “street furnishings” in the Old City such as
street signs and lighting.
10. A survey of school prumiscs was conducted with a view to opening the
new school year in September.
11. A transport survey was carried out and road building priorities were
determined in the light of transport problems arising out of the unification
of the City.
12. The municipality was rc~rcscnted in planning teams iormed to restore
the Jewish quarter of the Old City.
IL Administrative Reorganiation
1. The unlliration of Dcparrments and tine redistribiition oi workers were
completed. Tile Sanitation and Street Claar.ing Department and the Municipal
Inspection Department were shifted to the Old City municipal offices.
2. Workers were integrated into Departments, those awaiting integration
have been placed in a ‘*pool” and ei:oru ore being made to find suitable
employment for them.
3. Integration was begun oz’ OX Ci:y civil servants in municipal departments
such BS education, social \vci:‘c.rc, acd i>U!dAC i;calth.
I . . .
R-L Munici nd Scrviccs
1. Street Cleaning and Sanitation - Garbage-disposal was partly rationalised
and machanfsod. over 150 pcoplo were taken on in this department. New
mechanical equipment, garbage containers and dust-bins were ordered. The
Sanitation Department of West Jerusalem carried out anti-malarial tests and
found many anopheles-infested drams. The abattoir is being overhauled and
the garbage dump has been transferred to an empty site east of L’L.:LX.
2. Maintenance of Public Property - damaged street lamps were repaired
and part of war-damaged roadds; public parks were put in shape again and
repairs of the central bus terminal were started. The fire brigade was reorganised
and a temporary station set up at the airport.
3. Town Planning - The demolition of buildings in the former no-man’s land
was completed. Rubble was cleared away, and dividing barriers were taken down
in the Jaffa. Mamilla, St George. Hebron and Bethlehem roads, and Pope’s - Mount
Zion-Gate Road. and in a temporary track next to Suleimnn Road, all of which are
now open to traffic. Traffic regulations have been laid down and entry of vehicles
into the Old City is barred.
4. Stores and Supplies - The municipnl stores were transferred to suitable
buildings in the eastern part of the City.
5. Municipal Inspectton - Inspection of compliance with municipal by-laws
began. At first, municipal inspectors were posted at the entrances $0 the
El Aqm mosque and the Church of the Holy Sepukhre to ensure that visitors
behave with due respect, but the Police are now in charge.
G. Miscellaneous - Hebrew rxxnes were given to twenty-two streets in the
Old City, The by-laws of West Jerusalem were translated into Arabic.
7. Tourism - The Ciradd is being &z~:ad so that it may be opened to the public.
A Tourist lnlormation Office run oy the r;:ui;ici~;;f~y Ed tiw Xinistry of Tourism
jointly has been opened a1 J&a Gate. The &xc ui Z&oidsh is uridtir preparation
for tourists’ visits. Plans ior a “son e: hnni8re” spectncle ar< under way.
I . . .
The municip:M.y bns nttcndcd discussions bclwcen lhc YimsLty of Tourism dd
tbc agencies and partics conccrncd to deal with the prohlcms oi Lbc tourist
inlklstry.
8. Water - The networks of the two parts of the city were joined and the
amount of water supplied to East Jerusalem was greatly increased. Expansion
of the system in East Jerusalem is proceeding according to an approved
development programme; consumers were registered fmd n.::~~:. are being
installed. Besides current maintommce of the sources outside the city -
Ein Farrah, Ein Fuar, Ein Kclt and Solomon% Pools - the supplies to the
villages of Shaafat and Tsur Baber, which are under municipal jurisdiction,
were repaired and improved.
w. National Services
1. Education and Culture - The nccessnry arrnngemonts weremade in
coordination with the Xinidiy oi Education and Culture for ~11e commencement
of the school year on 1 September. Buildings were prepared, furmture was
examined and textbooks were ordered. Xcctings were held with the administrative
staff and school inspectors, and rbe puolic libraries were checked.
2. Youth rind Sports - A basketball match has already taken place between
teams from East and West Jc~usallcm.
3. Social Wolfarc - The Social Weliarc Bepnrt:ncnt are to begin operations
shortly: funds and instructions are awaited from the Xlnistky of Social Welfare.
4. Public ifealth - Prepar.ations were made for school be&h services to
be extended once the new school year begins. Ten nurses and two doctors will
be required. It is also proposed to open at least two Mother-and-Child Clinics
in East Jemsalcm, rind one in Silwan.
v. Public Rclntions
/ ,..
incorportiled wilhin the munici~xd bounds wcw held. Contxt was maintained
with ecclesiastical and other organizations principally to assist them in
repairing war damage that may have been caused to their buildings. The mayor
and his officers made the acquaintance of the new Arab employees of the
municipality at a special meeting.
Steps were taken to obtain loan funds for commercial enterprises
suffering from a shortage of working capital. Workers referred to the
municipality by the Labour Exchange were employed on relief allocations.
/ . . .
ANNEX III
LIST OF PEBSONALITIES INTERVIEWED BY THE PERSONAL REPRESENTATIVE
OF THE SECRETARY-GENERAL
Israel officials and other personalities
Mr. Levi Eshkol, Prime Minister of Israel
Dr. Y. Herzog, Director of the Prime Minister's Office
Mr. Abba Ebsn, Minister for Foreign Affairs
Rabbi Warhaftig, Minister for Religious Affairs
Mr. A. Levavi, Director-General, Ministry of Foreign Affairs
Mr. A. Lourie, Acting Director-General, Ministry of Foreign Affairs
Mr. Y. Tekoah, Deputy Director-General, Ministry of Foreign Affairs
Mr. Te&Jy Kollek, Mayor of Jerusalem
Mr. J. Gadish, Director of the Arab Department at the Ministry of Education
Mr. D. de Shalit, Ministry of Tourism
Mr. I. Zuriel, Ministry of Tourism
Ambassador A. Chelouche, Director of the Economic Department at the
Ministry of Foreign Affairs
Mr. Menashe Eliachar, President of the Chsmber of Commerce
Dr. Carpas, Acting Director of Hadassa Hospital
Mr. Raphael Levi, Assistsnt District Officer
Arab nersonalities
Abd Al-Hemid Al Sayeh, President of the Sharia Court of Appeal
Hilmi Al-Muhtaseb, Member of the Sharia Court of Appeal
Salad El-Din Alami, Mufti of Jerusalem
Mr. Awar Zski Nusseibeh, Lawyer, Member of Parliament for Jerusalem,
ex-Minister of Defence, and former Jordanian Ambassador to London
Mr. Anton Attallah, Senator and former Minister for Foreign Affairs
Mr. Rauhi sl-Khatib, Mayor of East Jerusalem
Dr. George Farah, Director of Augusta Victoria Hospital
Mr. Ayoub Musallsm, ex-klinister, ex-Mayor of Bethelem
Mr. Hassan Abdul Fat&h Darwish, ex-Member of Jordanien Parliament
Mr. Jalil Harb, Cinema and hotel owner
-77-
RelWious authorities
Rabbi Y. Untermsnn, Chief Rabbi of Israel
Patriarch Benedictus of the Greek Orthodox Church
Patriarch Gori of the Latin Church
Patriarch Deridian of the Armenian Church
Monsignor Sepinski, Apostolic Delegate
Archimandrite Antony, Head of the Russian Orthodox Mission in Jerusalem ,
Archbishop McInues of the Church of England
Abbot Rudloff (Benedictine), Dormition Monastery
Bishop A. Yossef of the Abyssinian Church
Bishop Bazileus of the Coptic Church
Bishop Qubaim (Arab) of the Anglican Church
Bishop Elias %a& of the Maronite Church
Monsignor Naoum, Syrian Catholic Church
Father Joseph Alliot (Franciscan), First Assistant to the Custodian Of
the Holy Land
I . . .
UNITED NATIONS
SECURITY
COUNCIL
Distr.
G-L
s/8158*
2 October 1967
ORIGINAL: ENGLISH
REPORTO F THE SECRETARY-GENERUiA!?LD FBG ENERAL
Assm~ RESOLUTIO2N2 52 (ES-~) Am SEcuRrm
COUNCILR ESOLUTION23 7 (1.967)
CONTENTS
INTRODUCTION.. , * . . . . . . . . . . . . . . . . . . .
I, MISSION OF THE SPECIAL REPRES~TATIVE . . , . . . . . . .
II, SAFETYW, ELFARAEN D SECURITYO F THE
POPULATIONIN AREASU NDERIS RAEL CONTROL
A. Syrian area . . . v . . . . . . . . . . . . . . . . .
B. Jordanian area . . , . . , . . . , . . . . . . . . .
C. The United Arab Republic qnd areas
administered by the United Arab Republic . . . . . =
1X1. SITUATIONO F DISPLACEDP ERSONFSR OMA REASU NDER
ISRAELC ONTROALN D THE QUESTIONO F THEIR RETURN . . , . .
IV, TREATMENOTF PRISONERSO F WAR . . . . . . . . . . . . . .
V. THE QUESTIONO F THE TREATMENOTF MINORITIES . . , . . . .
VI. CONCLUDING REltwxs. ,‘, , . l , . . :, . l , . , . . . .
Paragraphs
1- 3
4- 13
14 - 39
40 - 92
93 - 158 33
159 - 202
203 - 209
210 - 222
223 - 225
Page
1
2
5
12
47
57
59
62
* Also issued under the symbol A/6797.
67-22332 I . . .
P
CONTENT(Sc ontinued)
Page
ANNEXES
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
MAPS
ITINERARYO F THE MISSIONO F THES PECIALR EPRESENTATI.V E. . . 63
AIDE-MEMOIRES UBMITTEDTO THE SPECIALR EPRESENTATIVE
BY THE JORDANIANA UTHORITIES. . . . . . T . . . . . . . . . .
AIDE-MEMOIREP REPAREBDY THE JORDANIAANU THORITIES. . . . . .
STATEMENOTN THE SITUATIONO N THEW ESTB ANKB Y AN
OFFICIAL JORDANIANS POKESMASNU, BMITTETDO THE
SPECIALR EPRESENTATIBVYE THE JORDANIAANU THORITIES. . . . .
FIRST AIDE-MEMOIRSEU BMITTEDTO THE SPECIAL
REPRESENTATIBVYE THE ISRAELA UTHORITIEOS N THE
SITUATIONO N THE NESTB ANK. . . . . . . . . . . . . . . . (._ I: ;m..
SECONDAI DE-MEMOIRSEU BMITTEDTO THE SPECIAL
REPRESENTATIBVYE THE ISRAELA UTHORITIEOS N THE
SITUATIONO N THE WESTB ANK. + . . . . . . . . . . . . . . . .
AIDE-MEMOIRES UBMITTETDO THE SPECIALR EPRESENTATIVE
BY THE ISRAELA UTHORITIESE NTITLED'F OUNDATIONOSF
ISRAEL'S ECONOMIPCO LICYI N THEA REASU NDERIT S CONTROL." . .
AIDE-MEMOIRES UBMITTETDO THE SPECIALR EPRESENTATIVE
BY THE ISRAELA UTHORITIESO N THES ITUATIONIN THE
GAZAS TRIPA NDN ORTHERSNIN AI . . . . . . . . . . . . . . . .
AIDE-MEMOIRES UBMITTEDTO THE SPECIALR EPRESENTATIVE
BY THE ISRAELA UTHORITIESO N THES ITUATIONIN THE
GAZASTRIP..............., . . . . . . . . . .
65
70
74
77
82
86
90
95
IWl?ROlXJCTIOl'4
1. By 3.b ~e~~ltM.0~ 237 (1967) of 14 June 1967, the Security Council called
upan the Government Of Israel to ensure the EX&&y, welfare and security of the
inhabitants of the areas where military operations had taken place and to
facilitate the return of those inhaldtants who had fled the areas since the
outbreak of hostilities, recommendedta the Governmentsc oncerned the scrupulous
respect of the humanitarian principles governing the treatment of prisoners of
war and the protection of civilian persons in time of war contained in the
Geneva Convention of 12 August 1949, and requested the Secretary-General to
follow the effective implementation of the resolution and to report to the
Security Council, This resolution was later welcomed with great sat?lsfaction
by the General Assembly in the latter's resolution 2252 (ES-V) of 4 July ig67.
2. On 6 July the Secretary-General appointed Mr. NLls-Goran Gussing as his
Special Representative to obtain for him on the spot the information require1
for the proper discharge of his responsibilities under the above resolution 0'
the Security Council.
3* An interim report on Mr. GussingWs activities was submitted by the
Secretary-General to the Security Council and the General Assembly on 1.8 August
(A/6787, s/8=4). The annual report which the Commissioner General of UNRWA
will submit shortly to the General Assembly on his activities is of course
related to some aspects of the work of Mr. Gussing. The present report is based
on the information contained in the final report of Mr. Gussing to the
Secretary-General,
/ . . .
I. MISSIONO F THE SPECIALR XPRESSNTATIW
4. The Special Representative's mission was both complex and difficult. His main
task was to report on conditions affecting civilian populations and prisoners of
war in the aftermath of the war. The main subJects to be looked into were in
themselves delicate and wide in scope. They were: the situation of the population
in areas now under Israel control; the measures taken to shelter and to facilitate
the return of those who had fled; the treatment of prisoners of war and the
protection of civilians.
59 This task involved extensive travel in an area where itineraries are often
complicated by the absence of direct communications between the countries concerned.
The gathering of accurate information is not easy in a period following active
hostilities and when communications and administration are upset and strong tensions
and emotions prevail. Some of the information received was contradictory and
difficult to verify. Moreover, the time at the disposal of the Special
Representative was very limited because of the obligation of the Secretsry-General
to report to the General Assembly without undue de&y. ' It was not expected
therefore that he would or could undertake to investigate the large number of
individual complaints submitted either to the Secretary-General or directly to
the Special Representative himself.
6. In the light of these considerations, the Special Representative has
concentrated on obtaining an over-all view of the situation and of the main
problems which face the groups of the population affected by the recent hostilities
with which he was particularly concerned.
7. The Special Representative"s main activities during his time in the Near East
were:
(a) Obtaining through travel and field visits (an itinerary of his travels
is attached as annex I> to the maximum extent possible a direct impression of the
areas where hostilities had taken place, and of their inhabitants, as well as of
the condition of displaced persons elsewhere;
(b> Meeting government officials at the highest level of central government
as well as at the level of province, district and local administration;
(c> Meeting spokesmeno f the local populations, of refugees, and of detainees;
. / . . .
, ,',,
-3-
(d) Meeting representatives of United Nations agencies and offices with
direct knowledge of the areas and populations involved, in particular, the
United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA), the United Nations Children's Fund (UNICEF), the United Nations Truce
Supervision Organization in Palestine (UNTSO), the United Nations Development
Programme (UNDP) offices, and the United Nations Economic and Social Office in
Reirut (~~2330~);
(e) Meeting representatives of other international agencies working in
these areas , -in particular, the International Committee of the Red Cross (ICRC)
and a number of voluntary agencies,
‘:- (3. During his visits to the Governments in the area, opportunities have arisen to
discuss solutions to urgent problems, such as the return of displaced persons. The
presence of the Special Representative has also served to remind displaced persons,
prisoners of war and the population of occupied areas that their problems are a
serious preoccupation %o the United Nations and that efforts are being made to
alleviate their hardships.
9* The Special Representative received excellent co-operation at all levels in
the countries he visited. He was allowed full freedom of movement and given
every assistance, such as transportation and the necessary arrangements for visits.
Nevertheless, when travelling officially, in all the countries concerned the
Special Representative met with spokesmen of the civilian population, displaced
persons, prisoners of war and local authorities only in the company of
representatives of the Government. Particularly in the occupied areas it would
have been of great psychological importance and would have provided for franker
exchanges for the Special Representative and for the people to whom he spoke if
he had had the opportunity to meet and talk without witnesses to whomever he wished,
This view was conveyed to Israel government representatives, but without result,
10. Although the' Special Representative visited Jerusalem, he was not able to pay
the same attention to this city as he was to other areas, nor was it necessary for
him to do so in view of the appointment by the Secretary-General of a Personal
Representative to gather information specifically on the situation in Jerusalem
(see A/6793, s/8146).
/ ..*
J
-4-
11. The ICRC, in a spirit of full understanding and co-operation, has acquainted
the Special Representative with the work of the ICRC representatives in the Near
East area in so far as that work related to aspects of Security Council
resol&ion 237 (1967) f or which the ICRC traditionally takes direct responsibility.
On the basis of the Special Representative's direct observations in the Near East,
the Secretary-General wishes to express his great appreciation for the untiring
and selfless efforts of these representatives in their difficult and delicate task,
aimed at reducing human hardship and suffering wherever possible.
12. The Special Representative has advised the Secretary-General that he received
excellent co-operation from the representatives of the United Nations and other
international organizations referred to above, particularly from UNRWA. This
co-operation greatly assisted him in carrying out his task. The Special
Representative has also reported the great efforts being made in all the areas
he visited by a large number of international and national voluntary agencies
to provide humanitarian assistance to the civilian populations and to refugees
uprooted because of the war and living often under miserable conditions in
temporary shelters, and not infrequently without any shelter at all, This
combined effort of so many different organizations, which has greatly
contributed to a reduction of the human suffering in the wake of the war, is
much appreciated.
13. The Secretary-General takes this opportunity to express his warm appreciation
to Mr. Gussing, who has already served the United Nations with distinction on two
previous occasions, and to his two collaborators, Mr. Hubert Morsink and
Mr. Robert Prevot, for having gathered under trying circumstances the extensive
information which constitutes the basis of this report. The Secretary-General
also expresses his sincere thanks to the United Nations High Commissioner for
Refugees for making Mr. Gqssing's services available.
i
-5- /
./’
II. SAFlETy, WELFARE AND SECURITY OF THE POPULATION
IN AREAS UNDER ISRAEL CONTROL
A. Syrian area
General situation
14. In southbwestern Syria an area of some 80 kilometres long and 35 kilometres
deep is at present under Israel military control. The original population,
assumed to have been some 115,000 according to Syrian sources, and some 90,000
according to Israel sources, included 17,000 Palestinian refugees registered
with UNRWA. At the time of the Special Representative's visit, this entire
population had left the area, except for some 6,000 Druses living in agricultural
villages and for some 250 other civilians living mainly in the town of Kuneitra.
l-5. In most of this area, villages were empty, without a human being or animal
left. For instance, in the village of Kafr-Nafagk, composed of primitive houses
built of black basalt stone, sometimes with a complement of concrete, which the
mission visited, there was no sign of life. The town of Banias was in ruins
and the near by archaeological site was undamaged and.was attracting Israel
tourists.
16. In the main town of Kuneitra only a handful of local inhabitants were seen in
the streets. Of an original population of 20 to 30,000, some 200 civilians,
mostly old people and women and children, had remained, some of them carrying on
such activities as work for different military services, road repairs and "
town cleaning. The military authorities had regrouped these remaining
inhabitants in the so-called Christian quarter of the city and had appointed from
among them a Mukbtar (local government officer). The Israel authorities informed
the Special Representative that they provided the civilian population with the
necessary day-to-day assistance. The Mukhtar told the Special Representative
during a meeting which was also attended by an Israel officer that the civilian
population was satisfied with their present treatment.
17. Entirely different was the feeling of active life and peaceful existence in
the Druse*villages. During the hostilities the Druse population of the occupied
area had assembled in one village, and after the hostilities had ended they
returned to their original villages. The Special Representative visited the
* Adherents of a religious sect of Moslem origin, living mainly in
agricultural communities in mountaineous areas of Israel, Lebanon and Syria.
/ . I .
-6-
prosperous fruit-growing Druse village of Majd-el-Shamsh. The villagers stated that
the Dy-uses had not wanted to leave their area because it had not been touched bY
military operations, because they aid not want to lead the life of refugees, and
also because in line with their religion and tradition they wished to keep their
lands to safeguard their identity and dignity as a community. The Israel
authorities had already made efforts to improve their living conditions by fulfilling
requests for food and clothing, by setting up a medical clinic in the village, by
resuming postal services, by introducing a telephone exchange and by promising
assistance in food production and in the marketing of agricultural products.
18. The entire occupied area had been placed under Israel military administration.
The'military authorities were assisted in their civilian tasks by representatives
from various ministries, for instance those dealing with finance, road repairs and
transport. The military governor of the area had a budget obtained from different
ministries and in line with the specific projects envisaged. These projects were
co-ordinated at a higher administrative level.
19. In letters to United Nations bodies and in discussions with the Special
Representative, officials of the Syrian Government listed numerous complaints
regarding alleged violations of humanitarian principles by the Israel occupying
forces: these complaints, which for the most part could not be investigated
individually by the Special Representative, have not therefore been verified by him.
They may be grouped into the following categories:
(a> Atrocities committed by the Israel forces, such as the torture of
Civilians, killing of civilians after they had been forced to say that they were
members of the Syrian army or because their sons were in the Syrian army, shooting
of prisoners, execution of young men, in particular, those carrying the service-tothe-
flag booklet;
(b3 Capture of nationals suspected of having participated in the 1948 war, of
hnoce~t CiViliatlS in Several villages - in particular, of men under thirty-five
Years of age in one village and of patients in another;
(C> Rape of Women and young girls and assault and insult of religious
dignitaries;
cd> Neglect of wounded and of children separated from their parents;
(e) Intimidation and frightening of the population by such acts as
fndiscriminate shooting, burning of fields and killing of people in front of other
people;
(f) Efforts to expel the population from certain villages; deportation of
all civilians who had once served in the army and of all able-bodied Syrian young
men;
(g) Indiscriminate looting of all houses and shops in Kuneitra; seizure of
cattle and flocks of sheep. Looting, through excavation, of the historic site of
Banias;
(h) Destruction of several villages with dynamite and bulldozers after the
hostilities had ended. (Among the places mentioned are Banias, Jbeita-el-Zeit,
Kfar-Harim and Nukheila,) The last such destruction allegedly took place on
13 July;
(i) Starvation of the population.
20. It should be noted that the complaints grouped under categories (a) through
(d) above refer essentially to situations which may have prevailed during the period
of active hostilities or immediately thereafter, and therefore would have required
detailed on-the-spot investigation for each particular case. Some of the complaints
grouped under (e) through (1) refer more directly to events and situations which
allegedly continue to occur up to the present day. In letters to United Nations
bodies and in discussions with the Special Representative, officials of the Israel
Government have rejected these allegations.
Civilian population in the occupied area
21. In order to assess the conditions relevant to the safety, security and welfare of the population, the Special Representative heard the views of a wide range of
persons in both Syria and Israel, visited the refugees in their temporary shelters
in Syria, and made a tour of the occupied area. During this tour, on 7 and 8 August,
the Special Representative was able to visit the towns of Kuneitra and Banias, and
to observe, on the spot or through field glasses, the present conditions of the
Arab villages of Kafr-Nafagh, Nukheila, Kfar-Hareb, Tawfik-el-Foka and Skopia and
of the Druse village of Majd-el-Shamsh.
,
/ . . .
-8-
,
22. These field visits have. enabled the Special Representative to gather a general
impression of the situation now prevailing, to obtain an over-all perspective in
viewing this situation, and to look into a number of selected issues affecting the
security and welfare of the population in the area during the period following the
cessation of active hostilities. Several aspects of Israel policy in the occupied
area were looked into in more detail by the Special Representative during his visit.
They are: the alleged systematic efforts to expel its entire original population
from the area; the alleged wide-scale looting and the alleged demolition of entire
villages after the cessation of hostilities.
Movement of population
23* Israel sources claimed that already around 6 June (at the beginning of the war,
but before:the Israel forces moved into Syrian territory) wealthy persons and
government ,officials had started leaving the area. Once active hostilities reached
the area,'the population started moving out en masse. With regard to this
population movement, the Israel authorities put forward the view that as a result of
the widely publicized Syrian intentions concerning the fate of the civilian
population of Israel in the aftermath of an Arab victory, the Syrian civilian
population feared a similar fate at the hands of the Israel forces. Israel
spokesmen also claimed that the Syrian Governmentat that time had sent messages
warning the local population not to fall under Israel control and to move out of
the area. However, no proof of this claim (e.g., records of monitored radio
broadcasts) was given. Some persons may have left for practical reasons such as
the! desire to retain the possibility of receiving pensions or remittances from
Syria.
24. While there were strong indications that the majority of the population had
left before the end of the hostilities, reports were conflicting (or, least, not
entirely mutually supporting) as regards events after that period.
25. The Special Representative found it difficult, in such circumstances, to
determine the line between physical and psychological pressure. It is equally
difficult to ascertain to what extent an occupying force is responsible for the
interpretation which a local population may put upon its actions. This issue
has to be viewed in the context of prevalent feelings of hate, apprehension and
panic in the area.
-9-
26. Reports made available to the Special Representative indicate that the local
population felt frightened by incidents such as shooting in the air, or the rounding
up of civilians, or in one case by the staged repetition (without prior warning and
for the purpose of a film production) of how a city tias occupied by the Israel army.
As late as 29 August the Special Representative was informed by the Syrian
Government that seven or eight persons who wished to remain in Kuneitra had recently
i* been forced to leave that city and been expelled over the border. Allegedly the
Israel Government had later agreed that these particular refugees should be allowed II to return to Kuneitra, 27. The Special Representative felt that it was likely that many such incidents had taken place and that the Israel forces had not viewed unfavourably the impact of
such incidents on the movement of population out of the area. At no point during
discussions on this subject was the Special Representative ever informed of any
action taken by the Israel authorities to reassure the population.
28. Whatever the policy of the Israel Government may have been as regards the
population, it seemed clear to the Special Representative that at the local level
certain actions authorized ox allowed by local military commanders were an important
cause of their flight.
29. There are indications that providing reassurance to the frightened population
could have been of great importance. Officers of UNTSOin formed the Special
Representative that after the creation of United Nations Observation Posts people
came back, closely following the movement of United Nations military personnel.
(On the Syrian side of the observation line the Syrian military command did not
stop civilians from approaching the buffer zone and seems to allow them to return
freely.) Furthermore, in spite of the fact that United Nations Observers had advised
the population against working in the fields in the buffer zone, some individuals
continued to try to do so, most probably feeling reassured by the United Nations
presence, 30. At the time of the Special Representative's visit, several persons, Syrian and
non-Syrian, were held in detention in Kuneitra, including some Israel soldiers
sentenced to imprisonment for looting. During his visit and in his presence, a
recently arrived team of the International Committee of the Red Cross obtained
confirmation by the military governor of the permission for the ICRC to visit the
/ . * .
detainees in prison, who had already been visited by their predecessors. Since then
Lebanese civilians among those detained in Kuneitra have been returned to their
homes in connexion with the exchange of prisoners of war.
Looting
31. Although reports from Israel sources indicate that Kuneitra was taken without
fighting, the Special Representative observed all over the city that nearly every
shop and every house seemed to have been broken into and looted. A visit to one
apartment building confirmed the thoroughness with which the looting had been done,
and showed that in some cases dwellings had..been set on fire after looting had
occurred.
32. Israel spokesmen did not deny the looting but pointed out that looting is often
associated with warfare. They also claimed that the Syrian army had announced the
capture of Kuneitra twenty-four hours before it was actually taken by the Israel
forces and that this would have allowed the Syrian army to loot the town for this
period of time.
33. They pointed out that several divisions, both Syrian and Israel, as well as
fleeing population from villages closer to the Israel border, had passed through the
. city of Kuneitra during and after the hostilities. However, on the strength of
reports received from different sources, the Special Representative felt reasonably
sure that the responsibility for this extensive looting of the town of Kuneitra lay
to a great ext&it with the Israel forces, and he expressed this view to the Israel
officials .accomp'&ying him du,ring his tour of the city.
34. Syrian authorities in their statements attached special importance to the
looting in the occupied area and particularly in the historic site near the town of
Banias. These statements, addressed to the United Nations, to UNESCO and to several
embassies, persistently alleged
historic treasures.
"excavations' and "international robbery" of
The Special Representative, during his extensive tour of the
site, could find no trace of any recent digging in those parts of the site that were
shown to him.
/ . . .
Demolition of villages
35. The Special Representative visited several of the villages mentioned in Syrian
complaints which alleged destruction by dynamite or bulldozers and implied
premeditated demolition for non-military reasons. He visited the heavily damaged
town of Banias. Pieces of heavy artillery visible among the ruins, and the detailed
description by senior officers of the Israel forces of the route of military advance
in the area, left him reasonably sure that the vast destruction had been caused
mainly during actual fighting and to some extent after the fighting had ended by
the military necessity of blowing up structures on the point of collapsing or which
possibly still contained unexploded ammunition or mines.
36. Because of mined roads, the Special Representative observed through field
glasses the partly destroyed village of Nukheila, west of Banias. Its destruction
could be explained by similar military reasons.
37. In late August demolitions were reported in the village of Kafr El Maa, which
lies within the buffer zone east of Lake Tiberias. South of the lake the Special
Representative observed through field glasses the entirely destroyed,village of
Tawfik-el-Foka and the heavily damaged village of Kfar-Hareb. The two villages,
which formed part of a chain of military fortifications, were located on a military
advance route, and heavy fighting had allegedly taken place in both. It was pointed
out to the Special Representative that the near by village of Skopia had not
suffered damage, since it was not iocated on the route of the advance of the Israel
military forces.
38. To sum up on the question of the destruction or demolition of villages and
towns, the Special Representative felt that the localities he observed, including
three of the four persistently mentioned in Syrian complaints, did show vast
destruction, but that'this destruction could largely be attributed to military
operations.
39. In connexion,with his tour of the occupied areas of Syria,.'the Special
Representative also paid visits to the Israel frontier kibbutzim of Gadot, Lahavot ,:
Habashan and Tel-Katzir and the small locality of Ashmora, all of which were said
to have been shelled during the war. He was informed by the Israel authorities
that during the war over 1,000 shells fell in the kibbutz of Gadot alone.
,/..*
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.-
,’
,’
B. Jordanian area
General situation,
40. The area of the Hashemite Kingdom of Jordan now under Israel military control, .
which isbounded by the Israel-Jordan armistice demarcation line and the river
Jordan, is commonly known as the West Bank. The population was approximately
600,000 to 700,000, including the Jordanian sector of Jerusalem, plus about
430,000 TJNRWreAg istered refugees , or a total of about 1 million to 1.1 million
persons', During and after the fighting an estimated 200,000 persons left for the
East Bank. In addition, a substantial number of persons were displaced within the
West Bank area.
41. The West Bank area came under Israel military administration after the
: hostilities, while'the Jordanian sector of Jerusslem and some surrounding areas
were promptly incorporated in the Israel municipality of Jerusalem.
42. Complaints by the Jordanian authorities relevant to the safety, welfare and
security of the population of the West '+nk could not all be investigated in detail
or verified by the Special Representative". .,They can%e grouped into the following
categories: ".
(a) Efforts to expel the population from the area;
(b) Acts of deliberate intimidation, terror and oppression of the population;
(c) Atrocities against civilian populations;
(d) Demolition of houses, buildings and entire villages after hostilities had
ended;
(e) Looting;
(f) Use of napalm and fragmentary ,bombs during the fighting;
(g) Limitations and conditions put up by Israel and impeding the free return
of all refugees;
(h) Inhuman treatment of -prisoners of war.
43. Israel has eithe_r, ...r ejected these complaints as unfounded, or has put forward
its views on them, particularly as regards demlition of villages.
44. Before proceedingtothe West Bank, the Special Representative paid a first
visit to Ammano n 18, 19 and 20 July, The discussions between the Jordanian
Government and the Special Representative were almost entirely devoted to two
/ *..
-13-
problems of particular concern to the Government; namely, the . provision of adequate
relief to those persons who had fled to the East Bank as a consequence of the June
hostilities, and their return to the West Bank. In this connexion the Special
Representative visited a number of refugee camps on the East Bank which were
providing temporary shelter for the displaced persons.
45. ,During several tours of the West Bank, the Speciel Representative visited the
towns of Nablus, Q,alqUiya, Bethlehem and Hebron, as well as a number of villages
and refugee csmps. During these visits contact was made with the Israel military
authorities and their advisers concerned with the restoration of normaL civilian
life, and also with Arab representatives of local government bodies and spokesmen
for local econom3.cin terests, the Moslem religious authorities and the refugees.
Efforts to eael the population
46. In letters circulated to the Security Council (e.g. S/7975, S/&04, s/8110,
s/8115 and s/8117), Jordan 'dc omplains in general terms about Israel attempts to
create "yet another Arab exodus" , and in precise detail ibout the exculsion of,
specific numbers of inhabitants and about intimidation of the population,
for example, by dynamiting houses in Nablus.
47. These complaints raise two distinct but related issues: the alleged Israel
attempts to create another exodus to the East Bank, affecting the whole West Bank
population, and the expulsion of populations from specific localities on the West
Bank (which were subsequently demolished), whether or not the populations involved
in. fact moved to the East Bank.
48. On the first issue, affecting the West Bank as a whole, the Special
Representative finds difficulty in defining what constitutes "expulsion" or "use of
force" in relation to the movement of populations. During his visit to the area,
the Special Representative received no specific reports indicating that persons had
been physically forced to cross to the East Bank. On the other hand, there are
persistent reports of acts of intimidation by Israel armed forces and of Israel
attempts to suggest to the population, by loudspeakers mounted on cars, that they
might be better off on the East Bank. There have also been reports that in several
localities buses and trucks were put at the disposal of the population for travel
to the East Bank.
/ . . .
-14-
49. During his visits to several refugee camps on the East Bank, newly displaced
-persons consistently informed the Special Representative that they had left the
West Bank under pressure and that they had suffered many atrocities.
$0. The truth seems to lie somewhere between an Israel statement that "no
encouragement" was given to the population to flee, and the allegations about
the use of brutal force and intimidation made by refugees. The inevitable impact
upon a frightened civilian population of hostilities and military occupation as
such, particularly when no measures of reassurance are taken, has clearly beer! a
main factor in the exodus from the West Bank.
Demolition of villages
51* More specific details are available concerning th? second category of persons
displaced by Israel military forces in connexion with tre demolition of certain
villages and towns. Jordanjan complaints submitted to th? Security council claim
that 12,000 people from Qalqiliya were lzving in the open d.r around 22 June,
that the villages of Beit Awa and Beit Mersim as well as thrte villages in the
Latrun area had been levelled, leaving 5,000 to 7,000 inhabitcnts homeless. The
Special Representative has been able to gather information cove-ing those and
other localities mentioned in other Jordanian complaints submittt't directly to
him.
Qalqiliya
52. Qalqiliya was a town of some 13,000 to 14,000 inhabitants located weit of the '
: city of Nablus and near the Jordan/Israel border where a large number of hc!ses
' have been destroyed.
53. Israel, in a letter to the Security Council (S/8013), mentions that Qalq.?j,ya
was one of the concentration points of the Jordanian general attack on Israel
and that large numbers of troops and artillery pieces were located in and arounr
the town from which shelling of Tel Aviv and Israel villages took place. The
letter states that the inhabitants left before the arrival of the Israel troops,
that only houses in which Jordanian troops were found were damaged and that since
the end of the battle no further buildings had been destroyed. In support of the
statement that destruction had been caused by actual fighting, reference is made
-15-
in the Israel statement to the nearby town of Tulkarm where allegedly no damage
was done since no fighting took place there.
54. During a visit by the Assistant to the Special Representative, the Arab
Mayor of Qalqiliya stated that most of the people had left the city and taken
cover in the hills before and during the fighting and that about one quarter of
the population had remained in the city. After the occupation of the city by
the Israel forces, the remaining population was advised by the Israel Military
Commander to leave. The Mayor asserted that up to that moment, perhaps some
fifteen to twenty houses had been destroyed or damaged through actual fighting.
The population was taken to the town of Azun, twenty kilometres from Qalqiliya;
from Azun they left for Nablus, where they stayed for about three days, when
they were told they could go back. But when they were going back they were
stopped in Azun. The Mayor requested and was allow,ed to see the Minister of
Defence in Jerusalem; three weeks after they left their city, the population was
allowed to go back to Qalqiliya. Upon their return they found that out of a 3
total of some 2,000 dwellings approximately 850 had been demolished. The Mayor
repeatedly stated that he did not know the reasons for this large-scale
d' destruction.
55. The Israel military governor stated that the destruction had been caused
,i* partly by tanks and part.ly by dynamite. He stressed that Qalqiliya "fought",
by which it was meant that there was general resistance to the Israel military
forces, and that it was the first Jordanian town taken. Houses from which
sniping took place were dynamited. Others were destroyed for "safety' reasons,
e.g. houses on the point of collapsing and possibly containing unexploded
ammunition, or for sanitary reasons, e.g. because of the presence of dead bodies.
Fear of the possible collapse of houses was also given by the military governor
as a reason why the population was not allowed to return for some time.
56. The military governor said that he was willing to support the population in
their plans for reconstruction and that he had already taken measures to get
food supplies to the city and to get shops opened again.
.; 57. The city was heavily guarded.by Israel military personnel and no signs of
f
friendly contact between local inhabitants and the occupying forces were observed.
-16-
Villages in the L&run area
58. In the Latrun area are located the border-line villages of Emwas, Yalu and
Beit Nuba, together containing a population of some 4,000 according to Israel
information, and 10,000 according to information from the refugees. In the same
area are located the villages of Beit Likquia, Beit Sira and Beni Hareth, with an
estimated total population of 3,300. The first three villages mentioned have
been destroyed.
59. An Israel lis,ison officer stated that the destruction had taken place mostly
during the fighting, that the Jordanian Army in the area had been assisted by
one battalgon of Egyptian commandos, that the area had been heavily shelled, that
fighting had gone on all through the night and that tanks had gone through the
villages because these are located on the way from Tel Aviv to Jerusalem.
60. The Israel Minister of Defence, in his meeting with the Special Representative,
stated that he had ordered the destruction of these damaged villages for strategic
and security reasons since they dominated an important strategic area.
61. According to one of the military liaison officers assigned to the Special
Representative, the State of Israel had informed the representatives of these
three villages that it would help their population "to develop other areas".
62. According to accounts from displaced persons, the Israel forces entered the
three villages of Emwas) Yalu and Beit Nuba at 4.30 a.m. on 6 June and called the
inhabitants to assemble, after which they were ordered under threat to leave in
the directton of Ramallah. They were joined on the road by people from the "second
line" villages of Beit Likquia, Beit Sira and Beni Hareth. After three days they
were told that they could go back but they were allowed to reach the 'second line"
villsges only. Those who wanted to go on to Emwas , Yalu and Beit Nuba were turned
back. They then returned to Ramallah and some of them went to the East Bank.
63. According to the same sources, those who stayed behind in and around RamallXQ$'
or in the "second line" villages persisted in their demands to the Israel Commander
that they should be allowed to return to their homes. After two days, the
Commander of the Latrun area came to Ramallah and net with representatives of the
displaced villagers , who were informed that 70 per cent of their houses had been
destroyed but that arrangements for their return could be made if they so desired.
They were also told that there was a need for their labour in order to cultivate
/ . . .
-17-
the extensive monastery lands in the Latrun area. The representatives of the
villagers replied that their people wanted to go'back, even though their houses
had been destroyed.
64. According to the information available to the Special Representative,
however, these displaced villagers had not yet been able to return. They felt
encouraged, apparently, by the Israel decision to allow the people of Balqiliya to
return.
65* As regards the "second line" villages, to which the population has now been
allowed to return, the situation can be summarized as follows:
(a) At Beit Likquia out of a pre-war population of about 2,000, including
fifty UNRWAre fugees, 3C0 had left for unknown destinations (probably the
East Bank). Five hundred had come from the above-mentioned frontier villages;
these people, who were living in houses, schools or under trees, wanted to go
back. The food situation was under control, although there was a slight shortage
of water.
(b) At Belt Si ra, where there was a pre-war population of 1,250, about 1,COO
had remained. Two hundred and fifty additional Fersons had come from the three
above-mentioned villages.
(c) No information was available as regards Beni Hareth, which consisted of
a few houses only, Both UNRWaAn d the Lutheran World Federation were providing
emergency relief to the populations now living in these "second line"
villages.
Hebron area
66. At Beit Awa in the Hebron area (original population some 2,500 persons), out
of some 400 houses, more than 90 per cent have been completely demolished and the
remainder partly damaged. A second village in the area, Belt Mersim (original
population approximately 500), was completely destroyed.
67. The Special Representative visited Beit Awa on 11 August. The Arab Mukhtar
stated that Israel troops entered the village on 11 June at 5.30 a.m* The
inhabitants were then asked to take two loaves of bread and to go to the hills
surrounding the village. At 7.30 a.m. the Israel troops started to demolish the
houses with dynamite and bulldozers. Groves around the village were burnt. The
/ . . .
-18-
/I
belongings of the inhabitants were also burnt since they were unable to take them
along. The population stayed in the hills for a week. They were then authorized
to return by the military governor. Cut of the original population of 2,500,
some 300,had left for other areas.
68. The Mukhtar said he presumed that the reason for the demolition was that the
Israel authorities believed that there were members of the "El Fatah" organization
coming from the village. He claimed that members of this organization used to
pass through the village but did not live in it and that the inhabitants never
co-operated with them. In this connexion, the Israel authorities informed the
Special Representative that this village was an "El Fatah" base where members
of this terrorist organization used to stay overnight and where they received
ammunition and supplies.
69. The Israel military liaison officer informed the Special Representative
that a decision had been made to rebuild the village but that it had not yet been
decided whether this would be done by the Government alone or with the help of
voluntary organizations. In principle, he said that the Israel authorities were
going to supply technicians and provide cement to help in the rebuilding of the
houses. The Mukhtar said that the Israel authorities had promised them all this,
but that so far nothing had been.received.
70. In Beit Mersim, located fifteen kilometres from Beit Awa, a similar situation
prevailed, according to the Mukh-tar of Beit Awa.
71. Some other villages where destruction had allegedly taken place were Beit
II10 (near Ramallah), Kharas, Sourif and Edna. According to the Israel military
liaison officer, only the village of Belt 1110 had suffered some war damage, while
the villages of Kharas and Edna had not been touched. According to one of the
villagers of Beit Awa, eighteen houses had. been demolished in Sourif.
Number of homeless -persons
72. As regards the number of people from the town of Qalqiliya and from the
villages located in the Latrun and Hebron areas, rendered homeless for a shorter
or longer period, the situation can be summarized as follows:
(a) In the Latrun area at least 4,000 persons from the front line 4
villages of Emwas'Y, alu and Beit Nuba had not yet been allowed to return to their
/ . . .
-agvillages.
About 3,300 persons from the "second line" villages of Beit Sira,
Reit Likquia and Beni Hareth had been allowed to return.
(b) In the Hebron area 3,000 persons had been allowed to return to Beit Awa
and Beit Mersim.
(c) Qalqiliya. According to the Arab Mayor, about one quarter of the
total population of approximately 14,000 stayed in the town during the
hostilities. Thus a maximum of some 4,000 persons might have remained and been
ordered out by the Israel military authorities after actual fighting had ended.
Houses destroyed belonged both to this grouD and to the persons who left
before complete, or partial destruction of the 40 to 5O‘ger cent of the housing
had taken place, The populations had been allowed to return, but it was not
known how many actually did return,
Looting
73. There are Jordanian complaints about alleged looting "of everything” found
in banks by Israel occupying forces* This allegation has been rejected by Israel
as "unfounded"r During h%s tour of the area, the Special Representative was
informed by Israel spokesmen that in fact Israel had taken away the bank books
and money found in the banks, but against duly signed receipts and for the sole
purpose of making a systematic check on the situation of these banks at the time
Israel took over control of the area.
74. Jordanian complaints also allege looting of commercial stores, houses, the
hospital in Nablus and the theft of church jewellery from the Church of the Holy
Sepulchre in Jerusalem. According to press reports, the latter items had been
found and restored. The Special Representative received the specific Jordanian
complaints about looting only after his visit to the areas concerned and was
therefore unable to look into the alleged .looting of the Nablus hospital.
75e The Special Representative also received reports concerning looting in
Jerusalem by Israel miLLta.ry personnel, including cars) vacant houses and shops.
Since the alleged events took place, some two months before the arrival of the
Special Representative, it was difficult for him to form a firm opinion about
these allegations.
/ . . .
-2o-
74. The Assistant to the Specz$l Representative, during his visit to the hospital
of Qalqiliya, was informed by the doctor in charge that the X-ray machine, the
operating table, overhead lights and other equipment in the operating theatre, as
well as stocks of hospital linen had disappeared. Israel officers present during
the tour of the hospital stated that the Israel authorities had promised to
provide the hospital with a new operating theatre.
77. Israel spokesmen informed the Special Representative on several occasions
that the Israel authorities had taken measures to prevent looting and to stop it
when it occurred, including the court martialling of army personnel caught in
the act of looting.
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Economic and social conditions and needs
78, Views on the economic and social conditions of the civilian population on
the West Bank were conflicting. According to statements by spokesmen of the
Jordanian Government, the economy of the area was paralysed, there was a
threatened shortage of food approaching a situation of famine for the population,
there was no circulation of money owing to the confiscation by occupying forces
Of cash on hand in the Jordanian banks which were closed for business by these
forces, and moreover, confiscation of property has taken place. The Jordanian
Views of the situation are presented in more detail in statements presented by the
Jordanian Government to the Special Representative. These statements are attached
as annexes to this report (see annexes II to IV).
79. The Israel views on the situation, set forth in statements also attached as
annexes to this report, stress the speedy return of normal life in the occupied
area and the measures taken by the Israel Government to facilitate and encourage
this process in relation to local government, currency problems, price levels,
employment, the reactivation of agriculture, industry and commerce, the
re-establishment of basic services such as electricity, water, communications and
transportation, and the resumption of services in the fields of health, education,
welfare and religious and judicial life.
80. The Special Representative was not able, in the time at his disposal, to
assess completely the social and economic situation prevailing on the West Bank or
to establish a complete review of measures taken by the Israel Government, and even
less to analyse all the implications of Israel measures taken so far. He has been
able, however, to obtain an impression on these points by direct observation
during his visits to the main West-Bank towns of Hebron, Bethlehem, Nablus and
Qalqiliya, and through detailed and specific discussions with representatives of
the local population and of the Israel authorities.
81. The information gathered in this way is presented here classified according
to main items relevant to the situation prevailing in each of the four towns,
Since these situations differ, not all subjects are covered for each town.
Secondly, because of the variations in the time at the disposal of the Special
Representative in each town and the differences in background and knowledge between
/ . . .
-22-
the spokesmen consulted, the information is more complete on some subjects for
some towns than for others.
Qalqiliya
82. The information concerning Qalqiliya, which was visited by the Assistant to the
Special Representative on 12 August 1967, was as follows:
(a) Local government. The Arab Mayor stated that the employees of the
municipality had returned to work and that the municipality had received
4,000 pounds from the Jordanian Government and 3,000 pounds from the Israel
Government and that he was expecting more funds from the Israel Government.
He~st‘ated-'that it was necessary to'sti-engthen the budget of the municipality
'to carry out the reconstruction.of this largely destroyed city. Moreover,
additional funds would be requir'ed once the agricultural season began. SO
far, he said, no plans had been made regarding reconstruction, but a budget
had been submitted to the Israel authorities. The legal-edviser to the Israel
military governor stated that in a few days the municipality would receive
3 long-term loans to help the 'shopkeepers to start buying goods. According to
the Mayor, the main problems facing the city were the financing of the budget
and the general shortage of money. '
'(b) Eank.9~ There were no branches of Israel banks in the area.
(c) Basic amenities. The Mayor stated that the Israel Government had
helped in restoring of the water and electricity.systems.
(d) Food. Food was provided by UNRWA, For the first month UNRWA supplied
food to everyone; as from the second month, no rations were issued to those who
had their own means.
(e) Shelter. Some of those whose houses were destroyed are at present
living with relatives or outside Qalqiliya (in Nablus, for instance) or in their
former houses in Qalqiliya, where they had covered the destroyed parts with tents.
About 200 tents were distributed by the Israel Government and about 30 by UNRWA.
The tents provided by the Israel Government were cut into pieces and shared by
several families in order to cover damaged parts of their houses. The Mayor
stated that there were no official plans to reconstruct the town but that he had
read in newspapers that the Israel Government intended to carry out the
reconstruction.
I . . .
-23-
(f) Education. The Mayor stated that the schools would be functioning. He
had heard of teachers elsewhere who had been asked to fill in a special form
before resuming their work, but this had not happened in Qalqiliya.
(g) Health services. The Mayor stated that when the population returned to
Qalqiliya there were a number of human and animal remains in many places; the
Health Department proceeded to their removal and to a disinfection campaign. A
medical doctor was now visiting the city twice a week, but the Mayor considered
the present health services inadequate. He would prefer that the doctor be
permanently stationed in Qalqiliya. The UNRWA hospital was still functioning,
but without its previous operating theatre, as stated elsewhere in this report.
(h) E conomy. The main source of livelihood for the 12,500 non-UNRWA
residents was agriculture and remittances of money from those who emigrated to
other countries. Agriculture was being resumed since no fields were destroyed.
However, there was a problem of unemployment. Through the Israel Government
about 120 workers were now working on cleaning the town.
(i) Confiscations. The Mayor stated that no goods or properties had been
confiscated in Qalqiliya.
Nablus
83 0 The information regarding Nablus, visited on 24 July, may be summarized as
follows :
(a) Curfew. There was a curfew throughout the area from 7 p.m. to 4 a.m.,
when farmers start going to their work,
(b) Municipality. An Israel spokesman said that the Israel military
authorities had authorized the head of the municipality to run the services
himself and that they had given him the practical possibilities to do so by
providing supplies and assistance. The Mayor was the elected Arab Mayor of the
city who did not leave the city during the hostilities.
(c) Police. The police force was operating and consisted of about .
eighty-five policemen in Nablus only. Those who were found were all remobilized
,and back on duty. They were wearing uniforms, and the Israel authorities had
supplied them with weapons tq safeguard the town against looting.
/ . . l
(a) Employment of government officials. According to an Israel official,
there were 1,300 teachers in the district of Nablus. All of them would receive
their salaries. Moreover, salaries were also being paid to policemen, tothe
staff of government hospitals, and to the personnel of post offices. In
principle, all officers working for the administration would be paid. The
Israel official stated that already some 350 workers were working in the projects
of the municipality, such as construction of municipal roads and new buildings.
The Arab Mayor stated that even though the present Government was paying most of
the teachers, unfortunately most of the other departments had not yet received
any money, from either the Jordanian or the Israel Government. This situation,
in his opinion, affected "thousands of people", many of whom were coming to see
him daily about their problems. He mentioned in this connexion t,he Department of
Land Registry, the religious courts, the pension office, the civil law courts,
etc., which were located in Nablus and served the wider Nablus district. The
Israel spokesman stated that the Israel authorities did not know about the
existence of these offices and their specific tasks. According to their
information, there were about twenty-one government departments in Nablus, and
payment of salaries to their officers was now beginning, except for some civil
servants who were felt by the Israel authorities to be redundant.
(e) Banks. According to an Israel official, the banks were functioning.
(f) Basic public facilities. An Israel spokesman said that the
electricity supply had not been interrupted; postal and telephone services were
operating.
(g) 'Water. According to an Israel spokesman, the water pipeline was blown
up during the fighting and was being renewed. In midsummer it was usually dry
in Nablus, and the city needed water from outside.
(h) Food. An Israel spokesman said that the Israel authorities supplied
the most essential things which were not in stock in sufficient quantity in
Nablus, such as flour. In some villages around Nablus there was no flour either.
The Israel military authorities told the village Mukhtars that they could bring
their problems before the municipality in the areas in which their villages were
located, and through the Mayors the population had been supplied with flour.
There was no problem of starvation whatsoever. The Arab Mayor stated that there
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was enough food but the population lacked the money to buy it and that the
municipality had started to give help to about 16,000 people in Nablus city
alone (out of a total population of 75,000 to 80,000).
(i) Health. According to an Israel spokesman, hospitals were operating.
The Israel authorities gave the head of the municipality the power to run the
services in town, including the health services. The Arab Mayor stated that the
medical services were working, but not as they used to. Some of the personnel of
the clinics and some of the manual workers had left, some of the instruments had
been lost, and there was not as much transport as was needed. Moreover, apart from
the traditional medical services, there were some special projects, such as a
malaria eradication project and a tuberculosis centre and a maternity and child
health programme, all of which had come to a standstill. The Arab Mayor stated
that the municipality had discussed 'these problems with the Israel authorities
who showed "an eagerness to co-operate" and that weekly meetings had been arranged
with the health authorities in Jerusalem.
(A) Agriculture. According'to an Arab spokesman (formerly Minister of
Agriculture in the Jordanian Government), at least 50 per cent of the harvest in
the Nablus area was destroyed during the war. However, an Israel agricultural
specialist felt sure that more than 80 per cent of the crops of the area had been
saved. After hostilities ended, the Israelis had proceeded to the harvesting of
abandoned crops; in the case of wheat, to prevent it from burning out; in the
case of tomatoes and melons, to avoid rotting. Surplus perishable agricultural
products had been sent to Israel canning factories. He stated that the Israel
authorities had assisted local agriculture, first, by doing this emergency
harvesting, sometimes using machties brought in from Israel, and secondly, by
assisting in the sale of agricultural surpluses to industries in Israel now' that
the usual export outlets to countries like Kuwait had been closed. In addition
the authorities would be willing to supply seeds for the new agricultural season.
Arab spokesmen stressed the difficulty of resuming agricultural activities because
of the great number of people who had left for the East Bank. Difficulties would
soon be felt when the olives had to be picked. They felt that the reduced labour
force would lead to a reduction of agricultural -production which would result in
a shortage of food in the area. The Israel agricultural spokesman said that the
Israel authorities had started to prepare plans for the next agricultural season and felt sure that they would be able to plant all the areas where no war damage
had been done, He was surprised to hear that there was so much concern about the
alleged shortage of agricultural labour‘.
(k) c ommerce. All marketing had been arranged as from the first week after
the war, according to an Israel spokesman. During the war the'Israe1 military
authorities stopped all traffic. The day after the war traffic resumed with
private cars. Commodities which were lacking were brought in from Israel. The
,Israel authorities arranged for the sale of 'manufactured products from Nablus in the Arab part of Jerusalem. However, the Arab Mayor stated: 'The commercial
situation is a little better but is not what it should be."
(1) Shops. An Israel spokesman said that shops were open; everything was as
before. A few of the shopkeepers had left, and some others kept their shops
closed. Some travel agencies had closed down because they had no business. He stated: 'We give all the opportunities, but it is up to the municipality.". He drew attention to the fact that much~~tourist trade was now coming from Israel. The
Arab Mayor stated that a large number of shops had opened and that a large number
of Israelis had started to come to the area,,,and were buying; but apart from these
visitors, there were no tourists of the usual kind,
(m) Price level, According to an Israel spokesman, prices generally were
going up, but compared with Israel prices in Nablus were lower as the local
standard of living was lower.
(n) Unemployment situation. The Arab Mayor indicated that there was a problem
of unemployment affecting a large number of labourers. This was unusual as, before
the war, there had been no unemployment during the summer season but only in winter,
He declared that unemployment was felt in all sectors of the economy and gave as
examples both private and public building.and, related to this, unemployment in
many industries, such as ironwork and furniture, in which a large number of
labourers worked. Unemployment was also found, for example, in dressmaking, he
observed. According to an Israel official, soap factories in Nablus were resuming
work gradually and would again provide employment to about a hundred workers.
(0) Unemployment relief. An Israel official said that efforts were being
made to relieve unemployment in the area, especially through the initiation of
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/ . * .
public works. Many roads were being repaired, and there were plans to enlarge
other roads, These works were expected to absorb hundreds of labourers. Moreover,
the military authorities had asked the municipality to operate projects which had been planned before the war, If the municipality needed money to start the PrOjectS, the Israel Government would be ready to give it and had in fact already
done SO to some extent. Many people were working on these projects, which
included the reconstruction of the pipeline, road construction and road repair,
and the continuation of construction work on schools, hospitals and other public
buildings,
(p) Looting. An Israel official said that there had been complaints about
the looting of shops at night. The Israel defence forces had been able to catch
the looters, who had been tried before a military court, since breaking the
curfew and looting ware military offences.
Bethlehem
84. The information concerning Bethlehem, which was visited on 11 August, was as
follows:
(a) Municipality. The Mayor of Bethlehem informed the Special Representative
that the services of the municipality were running 100 per cent, Some projects
were being carried out with the help of the Israel Government. Salaries for the
month of June had been paid. As regards July salaries the Mayor had roughly half
of the amount required available for payment, Approval of the budget was expected
for August and September. As soon as the budget was approved, work could be given
to another 155 municipal workers,
(b) Banks. He stated that all money was frozen in the banks and that there
was no liquidity. oniy one Israel bank had opened, with very limited transactions.
Ihe Mayor had been informed that efforts were being made to obtain funds from
London to reopen the Ottoman and British banks in Bethlehem, which were still
closed,
(c) Food. Immediately following the end of hostilities, there had been a
shortage of flour, but new supplies had arrived within a few days. There were no
food problems.
j.. ,
(d) Education. The Arab Mayor asserted that schools would be opening in
September. Most of the teachers were from the area.
(e) Health, Th' e Arab Mayor remarked that the health situation was good and
that hospitals were working.
(r) Courts. There were no problems, according to the:<Arab Mayor.
(d E Bethlehem's main scurce of income was tdurism, but foreign
conomy.
tourists had stopped coming. The head of the department of tourism in Jerusalem
had promised to give the fullest attention to this point. The Israel military governor stated that Bethlehem could not exist without tourism coming through
Israel'and that therefore it was in the economic interest of the local population to co-operate with the Israel authorities.
(h) Employment. The Arab Mayor stated that there were some "jobless" but
that road construction works were going on. However, construction on the
Bethlehem-Jerusalem road, involving some forty to sixty employees, had been
interrupted because the contractor had disappeared.
(i) Movement of population. According to the Arab Mayor, there were three
camps of Palestinian refugees in the ,area, with e total refugee population of
some 20,000. About 30 per cent of them had left, Very few of the local residents
of the Bethlehem area had left, however.
Hebron
85. As regards Hebron, which was also visited by the Special Representative on
11 August, the information received by him may be summaried as follows:
(a) Municipality. The Arab Mayor informed the Special Representative that
the officials who originally were working with the Government had all been
re-employed except for about 20 per cent who had to be terminated upon the request
of the Israel authorities.
(b) Food. Immediately after the war, basic commodities had been gathered
together, and the municipality, together with the chamber of commerce, had carried
out an inventory of stocks, The Israel authorities had supplied flour and fuel,
of which there was a shortage.,
(c) Education. Schools would reopen on 1 September. Some teachers, mainly
those who had been recruited from outside the area, had left. The places of
teachers Who did not return would be filled by university students.
/..i
(a) EcononUr, The main economic activity in the region was fruit-growing.
The Mayor observed that at present it was not possible to export fruit to the East
Bank and that, moreover, it was not possible to send trucks to the Jericho area on
the West Bank. Secondly, a large number of people from the area used to work in
the Arab peninsula and to send money home or to come to Hebron themselves for
holidays and thus spend their earnings but they were no longer doing so.
(4 C ommerce. He stated that except for the absence of imports, commerce
was going on normally. Before the war a large number of merchants hadplacedorders
through Amman for all sorts of goods which were now waiting in the port of Aqaba,
and the merchants were now unable to bring these goods to Hebron* During his
subsequent visit to Amman, the Special Representative took this matter up with the
authorities there, who informed him of their willingness to seek a satisfactory
arrangement for the merchants concerned.
(f) Employment. From the point of view of manpower and employment, there
were no difficulties in the agricultural sector nor in other sectors of the economy,
where work and life were continuing normally,
(g) Confiscations. The Israel custodian of absentees' property had seized
the houses of those who were away since the houses were empty. However, in some
cases the inhabitants were only temporarily away on a visit to Amman. In other
cases, when a relative of the owner had been present but not the owner himself,
the property had still been considered as'absentee property by the Israel
authorities,
(h) Abraham's Tomb. The Mufti informed the Special Representative that
Moslems had at first been forbidden to go and pray in the main mosque, built over
Abraham's Tomb, They had protested, and the Israel Minister of Defence had to
discuss the matter directly with them. It had been agreed that the Moslems would
conduct their prayers at certain hours, while other hours would be reserved for
visitors, An Israel officer explained that the difference of opinion arose from
the fact that the shrine of Abraham's Tomb is equally holy to Moslems and Jews.
The latter were now allowed to pass through the mosque.
(5) Moslem religious courts. The Mufti also declared that the main chiefs
of the Islamic community had met and decided to appoint one of their number to
represent them in Jerusalem and deal with the Israel authorities. Any relevant
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Israel order8 were now received through this representative. No difficulty had
been encountered in carrying on the normal Moslem legislation and court affairs.
(j) Movement of population. The Mayor mentioned that before the entry of
the Israel troops, an agreement had been reached that no fighting would take place
in this area, and that in fact no fighting had taken place. Yet when the Arab
Legion withdrew from the area, people began to flee. Approximately 15,000 to
18,000 out of a population of 150,000 in the area had left. The majority had
left before the arrival of the Israel troops; some were still leaving. They had
left of their own free will without any pressure from the army. Many had come
back, and about 90 per cent of all those who had gone would like to come back. The
army treated the population well. There were about 50,000 Palestinian refugees
in the area, out of whom approximately 10,000 left. (Forty per cent of the
refugees lived in camps.)
86. The above data from various sources seem to indicate that as a result of the
hostilities the general economy of the West Bank came to a standstill. Trade
between the West Bank and the East Bank was suspended; banks were closed, and
credit facilities had been withdrawn. Many businesses were closed, and employees no
longer received their salaries. The general impression was that food had soon .
become available, but not the money to buy it. The three major problems facing
the economy were lack of liquidity, unemployment, and changing price levels.
87. The Israel Government assured the Special Representative that it had taken
initial measures to restart the West Bank e,conomy$ including the purchase of West
Bank agricultural surpluses formerly exported to East Jordan and to other Arab
countries, to re-employ former Jordanian Government and municipal employees,
including teachers, as well as to create employment by public work projects, and
to authorize some Jordanian banks to reopen and create branches of the Bank of
Israel in the principal West Bank centres,
88. An economist, a member of the Israel planning committee for the development of
areas under Israel control, stated that at the beginning the idea had been to do
whatever Israel could do to maintain the existing price levels in the occupied
area. However, it was found that it would be impossible to operate separate customs
controls for the West Bank and for the Gaza area and that in general,it would be
physically impossible for Israel to ensure a complete separation between the
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economies of the three areas, Therefore, at a later stage, a more
flexible policy was adopted accepting the idea that in principle there would
have to be an adjustment of the level of prices between Israel and the occupied
areas. Thinking then focused on measures to ensure a gradual adjustment so that the
shock would not be too great. Such a gradual adjustment would be obtained by
ensuring an effective rise in salaries and in the purchasing capacity of the
population, in order to nullify the negative effect of the rise in price levels.
In this connexion it was found that opening the area for Israel tourists would
allow the population to sell whatever they had to sell, which in turn would
increase their purchasing power,
89. According to the same spokesman, a representative of the Israel National Bank
Went to discuss the rate of exchange of the Jordan dinar with the International
Monetary Fund (IMF). The Pund had reservations regarding Israel's rate of
exchange for the dinar. Israel informed the IMF of its readiness to modify the
rate of exchange, provided that the convertibility of the dinar would be
guaranteed for the future. Mereover, Israel was willing to let the local Arab
banks resume business if the Jordanian banks transferred back all the balances being
held in Amman. The ?24F discussed this with the Jordanian authorities. These
,'
authorities drew up a list of proposals which, Israel felt,amounted to. putting
Israel in a situation where the economy of the West Bank would be run from Amman.
Therefore, Israel decided,as a unilateral act, to raise the rate of exchange of the
'Jordan dinar (and of the Egyptian pound) in order to counter-balance the negative
effect on the purchasing power.
90. According to the same spokesman, Israel wanted to secure facilities for the
transfer of remittances to the population; Israel felt that too much talk about
this subject could bring about a situation where some Arab countries would not
transfer money to their families, in the occupied areas, Therefore, the IMP, the
Red Cross and the United Nations were informed of the factual situation, namely,
that Israel would see that any remittances transferred to persons in those areas
would be made out to them through the banks. The banks were given orders to
transfer any remittances which they received directly or indirectly for or on
behalf of residents.
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91. According to the data provided by the Israel authorities, little damage was
done in agricultural areas, and agriculture as an economic activity was
functioning fairly well in most areas, with the possible exception of the Nablus
region. Israel set up a group composed of various experts attached to the Prime
Minister to look into plans for water resources and agricultural development.
Ihe immediate problem was, however, what to plan for the next agricultural season.
For the moment there were surpluses, and Israel was faced with the problem of what
to do with them. Israel policy aimed, according to Israel sources, at maintaining
the economic activity at its previous level, but it was not to be expected that
next season's agricultural production could be exported to the East Bank. Instead,
the Israel market would have to be used as a basis for planning of West Bank
agriculture, Agriculturalists from the West Bank had already been taken on visits
to Israel to show them the situation and orientation of agriculture there, in order
to help them make adjustments in their own plans for the next season. The Special
Representative was informed that whatever the future of the West Bank would be, 'it
was the earnest wish of Israel Cabinet Ministers responsible that the West Bank
population should be able to conclude that the Israel administration had done
whatever it could to raise the'standards of living of the population.
92, The Special Representative considered that, if there should be a delay in the
resumption of normal economic life both on the West Bank and in the Gaza strip, a
considerable portion of the population in these areas would suffer a decline in
-living standards and that nutritional problems might develop. Under these
conditions, there would be a continued need to provide food relief for those
persons who were not at present under UMRWA's care. Early consideration would
therefore have to be given to the continuation or the expansion of existing feeding
programmes, such as those that were being discussed between the Israel Government
and CAPE. Discussions were also taking place between UNICEF and the Israel
authorities on this subject.
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C. The United Arab Republic and areas administered
by the United Arab Republic
General situation
93- There are striking differences in population density and composition as well
&S ill eCOn0IKi.C and social life between the United Arab Republic-administered Gaza
strip and Sinai, The Gaza strip is a small but densely populated area with a
total pre-her population estimated at about 455,000, of whom 315,000 or about
'70 per cent, were UNRWAre gistered refugees. Sinai is a Vast peninsula still
characterized in the interior by the traditional Bedouin way of life. The settled
population in this peninsula is largely concentrated in the town of El-Arish on the
Mediterranean coast and in the eastern part of' the town of Kantara on the East
Bank of the Suez Canal. According to local Arab sources, the gre-war population of
El-Arish was, estimated at between 30,000 and 40,000 end that of East Kantara at
about 15,000.
94. Prior to his visit to these areas the Special Representative proceeded to Cairo
on 2'7 July for discussions with representatives of the United Arab Republic
Government. These discussions highlighted three issues to which the United Arab
Republic attached -particular importance: the alleged shortage of food and the
starvation of the population in El-Arish, the shortage of water in East Ksntara
and the responsibility of the occupying authority for this state of affairs, and
finally, the alleged expulsion of Palestinians across the Suez Canal by the Israel
forces. Arrangements were made for the Special Representative to visit newly
displaced persons who had been given temporary shelter in recently constructed
villages in the land reclamation Ixojects of the Liberation Province north west of
Cairo. A visit to Israel prisoners of war held in the United Arab Republic was also
arranged at the request of the Special Representative.
959 The Special Representative visited El-Arish and East Kantara on 14 August and
Gaza town and its surrounding areas on the next day. In each locality meetings were
held with the Israel military forces in charge of the administration as well as
representatives of Arab local government bodies and other spokesmen for the local
Arab population and for Palestinian refugees.
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96. The Israel authorities submitted to the Special Representa.*t i_v.e. two aide-memoires
on the situat$on in the Gaza strip and northern Sinai, which are 'annexed to this
report (see annexes VIII and IX).
97. Besides considering the alleged expulsion of Palestinians from the Gaza strip,
the Special Representative gave attention during his short visit to the area to a
number of questions affecting the safety, welfare and security of the population.
98. The information obtained by the Special Representative is set forth below
according to subjects. In this connexion i-1; should be pointed out that because
UNRWA registered refugees made up 70 per cent of the total population, UNRWA played
an essential role in the economic and social life in the area which affected not'
only the refugees but also the population as a whole.
(a) Movement of population
99. Until recently the population living in the Gaza area could be divided into
three categories : the original Gaza population which had inhabited the area for
centuries; Palestinian refugees and persons of Egyptian origin, mostly government
civil servants, teachers,. and professional persons. ,
100. The Israel military commander of the Gaza area stated that there were still
,some 200 Egyptian civil servants in Gaza together with their families, who wanted
to return to the United Arab Republic. He declared that they did not want to work
in Gaza now since if, they did so, they would lose their job potential in the
United Arab Republic. However, if they stayed in the area under Israel control,
they would have to wprk. According to other sources some 600 or 700 persons were
imprisoned initially. Of these the Israel authorities later retained only men between eighteen and fifty-five years of'age and allowed the others to leave for
the United Arab Republic. The men between the ages of eighteen and fifty-five were then transferred to El-Arish. The Special Representative had the opportunity
to visit 289 United Arab Republic officials detained ia El-Arish.
101. Some sources claimed that after the hostilities ended in the Gaza area,
Xsrael military forces rounded up about 3,000 persons who were thcught to be
mexnbers of the Falestine Liberation Army, and subsequently took them to places
autside the Gaza strip+ During his visit to the prisoner-of-war camp in Athlit
(Israel) the Special Representative was informed that some of these Palestinians
were detained there. According to various sources, others were taken to Kantara.
There Lhey were authorized by the Israel authorities to cross to the west side
of the Suez Canal.
102. The Special Representative had not been able to find official confirmation
of the above-mentioned figure of 3,000 persons involved, or to determine how many
of these had been released and how many were still being detained inside or outside
the Gaza strip by the Israel authorities.
103. The Israel authorities had made arran$ements enabling residents of the
Gaza area to visit relatives on the West Bank, At the time of the visit of the
Special Representative to the Gaza strip, Gaza residents desirous of visiting
the West Bank had to apply for permission to the military authorities, Upon
approval of their request they received two passes - one to go to the West Bank
and one to come back. It was said that about six large buses were leaving every
day for the West Rank, It was not known to the Special Representative whether
on an average six busloads of people also returned every day and to what extent
the authorities checked whether individuals returned on or before the return date
mentioned on their return passes, According to information subsequently received,
the requirement for permits to visit the We& Bank had been lifted and only identity
cards were required.
(b) Municipality
104, Accord&r@ to the Israel military governor of the Gaza strip, the municipality
was working normally, The Arab personnel of the municipality had not been replaced
and were receiving their salaries. All services were functioning.
105* The Arab Mayor of the municipality declared that 450,000 Egyptian pounds
belonging to the municipality had been taken from banks by the Israel authorities.
Jsrael spokesmen denied this.
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106. The military commander of Gaza town declared that the municipality budget was
given priority as regards payments. The municipality had already received
20,000 Egyptian pounds from the Israel military government, but in addition the
municipality was requ,esting grants similar to those received in the past for
carrying out projects.
(c) Banks end currency
107. Members of the Gaza municipal council complained that economic life was at a
standstill because depositors could not withdraw money from the banks. In this
connexion, one Israel senior military officer asserted that 70 per cent of the
local currency in the banks had been taken to the United Arab Republic; another
Israel officer declared that the Israel authorities found altogether 526,000
Egyptian pounds in the banks in the Gaza strip, that the local banks were
bankrupt and that banking was now functioning through Israel banks.
108. During his visits to Cairo, the Special Representative was informed by the
United Arab Republic authorities that in the whole of Gaza and Sinai, Israel forces
had taken 1 million Egyptian pounds from the banks, as well as 400,000 Egyptian
pounds found with the United Arab Republic troops and earmarked for their next
salary payment. Israel spokesmen in the Gaza strip and elsewhere insisted that
wherever bankbooks or money had been taken from banks, this had been done only
upon receipts handed over to the directors of the banks concerned. Moreover, they
stated that the, cash held in banks did not suffice to refund the deposits made by
the, inhabitants.
109. Exchanges of currency according to the latest Israel regulations could
officially be made in the Gaza strip until 15 August.
(d) Food
110. During his visit to Gaza town, the Special Representative noted that there
seemed to be an ample supply of food there. According to the information received
by him, supplies left behind by the United Arab Republic authorities had been
used to a large extent. Food prices had increased somewhat,for instance, those
of fresh meat, canned meat and fish. People were coming from Israel and buying
these foodstuffs, and this was one reason for the rise in prices.
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111. Though food seaed to be available, money to buy it was scarce, The GARI$
??iQresentatiVe s"&&ted tf%t CARE was @Ki.ng food and assistance to approximately
80,000 pC?rsOnS, Who WF?F@ nO% UNRWAre fugees of whom1 0,000 were in El-Arish. CJU3.E
was carrying on that activity in close co-operation with UNICEF, UNICEF would
distribute the same rations as CARE, reaching those persons who were not covered
at Izesent by either ~~A or CARE, particularly nursing and expectant mothers.
CARE supplied food to other categories such as old people, widows, orphans,
disabled people, and people who were able to work but had been unemployed for
at least four weeks.
(e) Health
212, According to the Israel military commander, health services continued under the
same conditions as in the past when they were provided by the Government free of
charge. He stated that the hospitals were functioning, but that some people had
asked the military government to provide them with better hospitals. He stated
that an Israel doctor w&s touring the area regularly,
113. However, according to other sources, the hospital in Rafah had been destroyed,
and only the UNRWAho sprtal there was funtioning,
(f) Education
114. The military commander informed the Special Representative that he expected
the schools to reopen with adequate equipment. He hoped that enough teachers would
be available,
115. Some ~jources indicated that about 200 teachers had left the Gaza area, most of
them before the war, and that some equipment had been looted during and after the
116, The Special Representative heard from both sides many expressions of grave
concern regarding the course of future developments in the education field, Israel
spokesmen repeatedly expressed their disapproval of the textbooks in use, which
allegedly contained hate propaganda against Israel. According to the latest
reports received by the Special Representative but which had not, as far as known,
been officially confirmed by the Israel authorities, Israel would continue to use,
the old textbooks, but would delete from them those passages which were offensive
to Israel,
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. .
(g> E conomy
117. Traditionally, the Gaza area is a citrus-growing region. According to the Arab
Mayor of Gaza town, citrus exports represented 25 to 30 per cent of the local
revenue before the hostilities. These exports had now been blocked, and there was
no prospect as yet of the resumption of these exports. One member of the Gaza
municipal council mentioned that there were 40,000 workers involved in the citrus
sector, from the groves to exportation.
118. The military governor stated that the matter of exports was under consideration
and that the Ministry of Agriculture was studying plans for using Gaza citrus
fruits in Israel canning factories and for improving the quality and packing of the
fruits for marketing.
119; Before the war salaried workers were mainly dependent on a few main employers,
including the ,United Arab Republic Government, which employed some 5,000 persons,
UHRWAan d UNEF. An Israel spokesman stated that most of these Governmente mployees
were still in the area and that 30 per cent of them were working.
120. A third source of income had been remittances,to persons living in Gaza from
relatives in Kuwait, Saudi Arabia, and other oil-rich countries. Those remittances
had now stopped, but might be resumed through the channels opened by the ICRC.
One source indicated that more than half of the Palestinian refugees depended in
varying degrees on money remitted from abroad;‘
121. From persons in each of the above-mentioned three main income categories, the
present situation was characterized by unemployment and hardship. A member of the
municipal tiounci.1 of Gaza stated that every day about 2,000 workers applied for work,
but, that only half of them were successful.
122.6 The military governor of the Gaza area stressed that the military authorities,
instead of giving money to able-bodied persons not engaged in any productive
activity, had very much encouraged the population to work on projects such as
the reconstruction of roads, the building of new roads, the cleaning of streets, and
the reconstruction of public buildings but the, local population seemed reluctant to
work On these projects for a number of reasons. He stated that the Israel military
authorities would open a labour exchange shortly. Every unemployed person who --
wanted to work should register his name, If no work could be given, assistance would
be provided to the applicant. He mentioned that the population had been informed
that those whor:wanted to go and work on the West Bank could do so.'
/
(h) Civilian casualties and property damage
123. The Special Representative received reports from various sources that not only
during but after the active hostilities civilians had been killed and houses
destroyed.
124. Regarding the destruction of houses after the war, the Israel military commander
Of the Gaza strip stated that two or three houses 'had been destroyed for security
reasons because explosives and weapons had been found in them. As regards Rafah,
he stated that, after having himself made a tour of the area, he did not have the
impression that the town was destroyed, but only that some of the houses were
damaged. In Rafah, to his knowledge, there had been no destruction for such
security reasons as those referred to above,
125. During the Special Representativers visit to a refugee camp, spokesmen for
the refugees drew his attention to continuing searches of the camp by Israel forces
and requested that in order to avoid frightening women and children, such searches
should not be ccnducted during the night. The military commander of Gaza town
who attended the meetings, stated that until very recently some Egyptian officers and
soldiers and ammunition and weapons had been found in the camp and that on questions
of military security there could be no bargaining whatsoever.
126. A member of the Gaza municipal council stated that the looting of shops
continued creating fear among the shopkeepers. He added that there were fewer police
now than in the past. The military commander of Gaza town indicated that there
were about 250 local police there and that this number would be increased.
According to him, the military authorities were in fact trying to reorganize the
whole police force. The police, who used to work only four hours a day were now.
working eight hours a day. Moreover, the Israel police and the local police would
be combined. The military authorities could not rely on the local police, he
declared, and mixed patrols of Israel and local police were planned. An increase
in salaries was also being considered. The entire reorganization was expected to
take approximately two weeks. A new police station had just been opened.
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El-Arish
127. During his visit to El-Arish, the most important city of Sinai, the Special
Representative gave attention to the food situation as well as to a number of
other problems of particular interest to the local population,. The information
obtained by him is summarized below.
(a) Food
128. During his first visit to the United Arab Republic, the Special
Representative was informed by a Government spokesman that the population in
El-Arish was starving and that the United Arab Republic authorities therefore had
intended to send a ship with food to El-Arish. According to an Israel spokesman,
Israel had let it be known that the population was not starving in El-Arish, but
if the United Arab Republic wanted to send food, Israel would not object provided
the ship flew a Red Cross flag. Subsequently, according to the same Israel
spokesman, the United Arab Republic Government had abandoned the idea. The United
Arab Republic spokesman informed the Special Representative that the decision not
to send the ship to El-Arish had been taken when the news of the Special
Representative's imminent arrival in Cairo had been received, The United Arab
Republic Government wished to avail itself of this visit in order, first, to
clarify the question of principle that it was the exclusive responsibility of the
occupying authority to supply food in sufficient quantity to the local population
of El-Arish.
129. According to Israel, as well as Arab and neutral spokesmen, there was no
immediate food problem in El-Arish, but there was a scarcity of money to buy the
food that was available.
130. Israel sources indicated that food was now brought into El-Arish by rail.
As mentioned elsewhere, CARE was supplying rations to some 10,000 inhabitants.
(b) Municipality
131. According to the Israel military commander, the Israel authorities gave
money to the Mayor of the municipality to pay municipal workers (numbering
about 400); the water and electricity supplies were functioning. He mentioned
also that the local police force was operating.
-41-
(c) Banks
132. The two banks of El-Arish were closed, As soon as postal services were
restored, the military government opened the Israel Postal Bank.
133. From 16 August only Israel currency was to be accepted. The rate of exchange
had been established at six Israel pcunds fcr one Egyptian pound. The Israel
authorities would not object if after that date customers still paid for goods in
Egyptian pounds, but the exchange rate would be different, namely 3.5 Israel pounds
for one Egyptian pound.
(d) Housing
134. Israel spokesmen claimed, that there had been no heavy fighting in the town of
Eldrish, and only a few houses had been damaged. The local municipality had
called in tenders from local contractors to carry out the repairs, which would be
paid for from the municipal budget provided by the Israel authorities.
(e) Bealth
135. According to the Arab director of the El-Arish hospital, the health situation
was normal. Medical staff mmbering about 100, who had previously been responsible
for health services in different parts of the Sinai peninsula, were,now concentrated
in El-Arish, with the result that there was a relatively high number of medical
personnel per hospital bed.
(f) Income and employment
136. According to Arab spokesmen, almost all the population of El-Arish had
previously.depended indirectly on the salaries and purchasing power of civil
servants who were stationed in El-Arish for the administration and servicing of
the town itself and of the wider Sinai peninsula, as well as of the army. It was
said that there were some:4,000 heads of families of both categories who were now
without jobs or salaries. Of these 4,000, some 1,000 heads of families had
originally been recruited west of the Suez Canal. Israel spokesmen stated that
the Israel authorities in El-Arish were now employing and paying 700 permanent
civil servants, namely, 400 employed by the municipality and some 300 employed in
the police force and in services such as water supply. In addition, the military
: 5c -42: ”
authorities needed about 400 personnel to work for the Israel defence forces,
but up to that time, they had found it difficult to recruit as many workers as
were needed.
137.., Economic production in the primary sector in El-Arish consisted mainly of
fishing and date growing. The military.authorities had granted permission for the
resumption of fishing and were -ready to send fish to the West Bank of Jordan. ;
.i:, \,
(g) Civil servants of United Arab Republic origin
1%. During his visit to El-Arish the Special Representative's attention was
drawn to the presence of about 1,000 civil servants (together with their families
totalling about 5;OOO persons) who, it was stated, had originally been recruited
from parts of the United Arab Republic west of the Suez Canal and who now wished
to return to what they considered their homes.
139. Agreement had been reached that these 5,000 persons should be transferred to
the'West Bank of the Suez Canal. A first group had crossed the Canal, but the
United Arab Republic authorities.had detected some Palestinians among them and had
subsequently stopped the whole project, requesting lists of the names of all
officials wishing to return. These lists were immediately forwarded to the United
Arab Republic authorities, but the movement of the civil servants from El-Arish
across the Suez Canal had not been resumed since.
140. The Special Representative found the 1,000 officials concerned in a difficult
position as they had received no salaries since the hostilities and on the other
hand were not interested in taking new employment, since they believed they would
cross the Suez Canal any day. Neither the Israel authorities nor any voluntary
agkncy had 3+ken steps to,assist them for the same reason.
141. On 26 August the Special Representative discussed the problem in Cairo
with United Arab Republic Government officials. He was informed that the United
Arab Republic Government no.longer wished any of these persons to cross the
Suez Canal but wished them to stay in the occupied area so that their presence
might bolster the morale of the population,'
/ . . .
(h) United Arab Republic civil servants from Gaza
142. As mentioned before, some 290 United Arab Republic civil servants whose
original duty station was in the Gaza .area had been transferred to El-Arish
pending their return to the Nile valley area of the United Arab Republic. Their
families had already been allowed to cross the Suez Canal. The Special
Representative visited the camp where they were being held. Re found they
were not under military guard; there was only a local policeman at the'gate. The
detainees, stated that they were allowed to go to town in groups of up to twenty
at a time.
143. Guring his meeting with the spokesmen of the detainees, they made some
complaints about the quality of their food, the lack of mattresses, the poor
accommodation and the absence of letters from their families. The Israel
governor, who participated in.the meeting, promised to look into these matters.'
The Special Representative was subsec&ently informed that improvements had been
made. _ ,:
144. The United Arab Republic Government strongly objected to the detention of this
group of officials, for which it found no justification,iwhatsoever. It also ...
requested that
Suez Canal.
they be allowed to rejoin their families now living west of the
East Kantara
145. The information obtained by the.Special Representative during his visit
to East Kantara is set forth below.
(a) Water supply ,’
146, In a letter dated 13 July 1967, addressed to the Secretary-General of the
United Nations, the United Arab Republic Government informed him that the Israel
forces had threatened to expel United Arab Republic citizens residing in East
Kantara to the West Bank of the Suez Canal, if the United Arab Republic Government
refused to provide water to the part of the town situated on the East Bank. The
United Arab Republic Government stated that the population of Kantara always
depended on water from artesian wells in the city, and that additional water from ,
khe West Bank had in the past been furnished to the East Bank only to meet th6
needs of the United Arab Republic armed forces after they moved into Sinai.
-44"
147. On the occasion of the first visit of the Special Representative to Cairo,
the question of water supply at East Xantara was discussed. The United Arab
Republic Government reiterated that the civilian population of the eastern part
of Kantara (normally about 15,000 inhabitants) had always used the water supplied
by wells in the city, but it stressed that those wells had to be properly
maintained. On the other hand, when the Special Representative visited refugees
from Sinai in the United Arab Republic, some of those who had come from East Kantara
stated that they had always received their drinking water from the West Bank of
the Canal,
~48. When the Special Representative visited East Kantara on 14 August, it was
explained to him on the spot by the Israel authorities that the whole drinking
water system of that part of the town was connected with and dependent on supply
from the West Bank. Local inhabitants confirmed that this was the case. They
stated that for decades water from local wells had been used only for watering
gardens but that now they were forced to drink it. Even though they were boiling
the,water, the inhabitants were afraid that it was still not suitable for drinking.
149. During his second visit to Cairo, the Special Representative informed the
United Arab Republic Government of his findings in East Kantara and suggested
that tkiey should resume pumping water across the Canal In sufficient quantity to
supply the remaining civilian population only. If the Israel Governm.ent would
agree to such an operation, the Special Representative would then see to it that
the water was distributed to the civilian population under a system of reliable
control. However, the representatives of the United Arab Republic did not
respond favourably to this suggestion, since they felt it was the sole responsibility
of the Israel authorities to provide the population in occupied areas with proper
drinking water.
150. The Special Representative discussed this matter with the Israel authorities,
They pointed out that water supply was a great problem also for the Israel troops,
as drinking water had to be brought across the desert by tanker.
/ ..*
(b) Movement of population
151. The President Of the municipality declared that out of a population of about
15,000, only 1,116 persons had remained. He informed the Special Representative
that some 900 of them'desired to be allowed to cross the Canal to the West Bank,
In this connexion, the Israel military commander of the area informed the Special
Representative that the Israel Government had no objection to the population leaving
East Kantara if they so desired. This point was raised by the Special
Representative with the United Arab Republic Gove,rnment, which informed him that
it wished the inhabitants to stay in East Kantara.
(c) Food
152. The Special Representative was informed by the population of East Kantara
that there were shortages of certain foodstuffs in the town. Vegetables, fruits .
and meat, which they said were usually brought in from the West Bank of the Canal,
were no longer available, All shops were closed and the Israel authorities had only
supplied a few basic foods, namely, flour, sugar and tea.
153. The Israel commander recognized that some foodstuffs were in short supply in
the area. He pointed out that the supply of food was also a great pryblem for
the Israel troops in the area, since most of the commodities now had to be brought there across the desert from Israel in refrigerated trucks and were therefore
strictly rationed.
the Special Representative took up this matter with
154. During his visit to Cairo, the United Arab Republic Government. He suggested that the United Arab Republic
Government might allow vegetables and fruits to be brought over the Canal, perhaps once a week; but the United Arab Republic Government declared that the
responsibility for ensuring an adequate food supply rested with the o-Wing
authority.
(d) Health
155. The inhabitants complained that it was not enough for an Israel doctor to be
available only once a week. They pointed out that the hospital had been broken
into and looted and was no longer functioning. There was no clinic and only %WO
local nurses, neither of them qualified.
I l . .
-46-
156. The Special Representative raised this matter with the Israel military
commander of the arca,.who promised to look into the possibility of improving
the medical facilities.
(e) Employment
157. The population of 1,116 persons consisted mainly of women and children. Some
fifty to sixty men were employed with the United Nations observers or had found
other remunerated employment in the area.
(f) Mail
158. The president of the municipality complained that the people were not receiving
letters. The ICRC delegate was, however, going there to arrange the exchange of
letters between the inhabitants and their relatives elsewhere.
-47- III. SITUATION OF DISBLAC~ PERSONS FROM AREAS UNDER ISRAEL CONTROBA ND THE QUESTION OF THEIR RETURN Situation of displaced persons
159. The number of persons who had fled from the areas under Israel occupation
during and after the June hostilities is roughly estimated at about 350,000. This
figure includes:
(a) About 200,000 persons (of whom about 93,000 were refugees registered with
UNRWA) who had moved from the West Bank to the East Bank in Jordan;
(b) About 110,000 persons according to Syrian sources and not more than
85,000 according to Israel sources (of whom about 17,000 were UNRWA-registered
refugees) who had moved from the south-western corner of Syria, mainly to the areas
of Damascus and Dera'a;
(c) About 35,000 persons (of whom 3,000 were UNRWA-registered refugees in the
Gaza strip) who had moved across the Suez Canal from the Gaza strip or Sinai.
160. Immediately after the hostilities, emergency assistance was given to those
displaced persons to alleviate their hardship. As the Commissioner General of UNRWA
pointed out, this emergency assistance was a combined operation to which the
Governments directly concerned, other donor Governments, the Red Cross and the Rea
Crescent, UNRWA, UNICEF, the specialized agencies, national and international nongovernmental
organizations and individuals in many parts of the world all made
important contributions.
161. The assistance provided to the displaced persons included donations in cash,
as well as donations in kind, such as tents, blankets, clothing, mattresses, kitchen
utensils, food, milk, medicaments and vehicles. Some of this assistance was
channelled through UNRWA and the Red Cross or Red Crescent organizations, and some
d,#ya s distributed by voluntary agencies. The Special Representative haa discussed in
'some detail the assistance given to displaced persons and their needs with the
Governments and organizations concerned with this problem. These discussions
highlighted the importance of continuing and intensifying the assistance given to
displaced persons. Certain pressing needs are set forth in the sections below. It
should be pointed out that this question will also be dealt with by the Commissioner
General of UNRWA in his annual report to the General.Assembly.
/ . . .
-48-
(a) Needs in Syria
162. The Syrian Government took full charge of the displaced Persona, with the
assistance of the International Committee of the Red Cross, the World Food
Programme, the Lutheran World Federation, UNFMA, etc., while UNRWA assumed
responsibility for meeting the needs of the 1'7,000 displaced Palestinians already.
registered with it, with UNICEF's help in providing protein supplements.
1.63. The Special Representative reported that one of the most immediate and acute
problems would be that of shelter, as about 80 per-cent of the displaced persons
were now accommodated in schools which should be vacated before the new school Year+
In connexion with this new emergency, the pressing needs would be for, 2~~,~~~
blankets, 50,000 mattresses and 15,000 tents. The food situation might also become
precarious when the present World Food Programme assistance ran out at the end of
October.
164. The necessary clinics, sanitation facilities and social services would have to
be established before the cold weather arrived and before health conditions
deteriorated. New schools would have to be opened and supplementary feeding would
be required for the next six to nine months.
165. Emergency feeding would probably be needed also for another three months and
World Food Programme assistance in ensuring further supplies would be most desirable,
166. UNICEF had advised the Syrian authorities that it could provide further
assistance in the form of equipment for clinics, supplementary feeding kitchens and
schools, as well as assistance for sanitary facilities and drinking water supplies,
sewing machines and possibly training aid for the production of children's
clothing, and supporting transport if required. UNICEF also indicated that it could
give consideration to providing assistance in the operation of supplementary feeding
programmes, including the provision of vitamins and other dietary supplements, and,
in case of special emergency needs, the supply of imported slotted angle-irons as a
supporting framework for local structures to house the facilities mentioned above.
167. The Special Representative noted that, as the Syrian Government had received
less external aid in the present emergency in proportion to the number of refugees
than the other areas concerned, material and financial aid to carry out the
necessary Projects for shelter and community facilities would be needed.
/ . . .
168. In connexion with the import of relief supplied for Syria and also for east
Jordan, the Special Representative was informed that since 5 June, vessels flying
certain flags had been unable to discharge cargoes at Beirut. These relief supplies
had therefore been unloaded at various other Mediterranean ports, entailing losses,
delay and substantially increased costs. The Special Representative believed that
this difficulty could result in the interruption of some refugee assistance projects
at a most critical time.
(b) Needs in East Jordan 169. In this area, the Jordan Government and UNRWA had poolea their resources in a
joint effort to assist the displaced persons. The World Food Programme and UNICEF,
together with the Red Cross and other voluntary agencies, were also helping these
persons.
170. The Special Representative noted that the new refugee camps which had been
hurriedly set up coincident with the hostilities to provide shelter for the
displaced persons were unsuitable for continued occupancy, particularly in cold
weather. Improved shelters would have to be provided in substantial numbers,
together with expanded facilities for health, education and social services. 171. To preserve the health of the children, adequate sanitation was urgently needed, including arrangements for refuse dispcsal. It would also be necessary to keep the children reasonably dry. and warm. For this purpose, footwear, particularly rubber boots, additional blankets and warm clothing would be required. Supplementary feeding schemes in each camp would be necessary to provide at least one hot meal a
day for the children. 172. Another urgent problem would be schooling for the children. Although Jordan was normally well provided with teachers, tents, to be usea as school rooms, and textbooks were lacking.
173. The displaced persons who were living in the homes of friends or relatives
constituted a group which had been overlooked until recently. The distribution of.
certain food-stuffs mightalleviate the economic hardship incurred by their hosts,
as they might have difficulties in feeding the relatives and friends they were
housing.
-5o-
(c) Needs in the United Arab Republic
-174. During his stay in the United Arab Republic, the Special Representative visited
several villages in the Liberation Province, where about 10,000 displaced persons
had been given shelter.
These villages were recently constructed as part of a vast
land reclamation and settlement programme and were intended to house new agricultural
communities at the beginning of the next agricultural season. The United Arab
Republic authorities had made space available to displaced persons in these villages
although this would interfere with the scheduled agricultural development in the
area.
175. UNRWA, in agreement with the United Arab Republic Government, undertook to make
food supplies available to the 3,000 Palestinian refugees from Gaza, and to contribute
towards the provision of medical and sanitation services.
176. In addition, the World Food Programme was arranging for a programme of food
assistance and the Pontifical Mission was planning a distribution of blankets,
cooking stoves and clothing. .
Return of displaced persons
177. In its resolution 237 (1967) the Security Council called upon the Government of
Israel to facilitate the return of those inhabitants who had fled the areas since
the outbreak of hostilities.
178. The Special Representative devoted much of his time in the area to discussing
this problem with the Government of Israel, the Governments of Jordan, Syria and the
United Arab Republic, as well as the United Nations agencies and other international
organizations. The information obtained by.the Special Representative on this
subject is set forth below.
(a) Displaced persons in Syria
179. The problem concerning the return of displaced persons was quite different
Syria from what it was in Jordan, for instance. The long-standing and intense
in
antagonism between Syria and Israel permeated discussions on every issue and at any
level. Moreover, the occupied area of Syria was now virtually empty and under
military administration, SO that there was no civilian organization to take care of
I . . .
-5lthe
arrangements for the reception of displaced persons in the case of their return,
or to keep the issue alive by its sheer presence and activity.
180. During his discussions with displaced persons, the Special Representative found
them divided on their desire to return. Some wanted immediate return, whether
Israel continued to control the area or not. Others insisted on the prior condition
of complete liberation of the territory from Israel occupation.
181. In their first discussions with the Special Representative, the Syrian
authorities indicated their willingness to allow displaced persons to return to the
area under Israel occupation. They designated two possible channels for discussion
on the return of displaced persons: the ICRC and UNTSO. Later discussions indicated
that the Syrian Government in fact strongly desired the immediate return of the '
displaced persons to their homes.
182. The Israel Government informed the Special Representative of its official
attitude to the return of displaced persons to the occupied area in the following
terms, applicable to both Syria and the United Arab Republic:
"Israel and Jordan have reached agreement for the return of residents to
the West Bank. When talks are initiated with Syria and Egypt the Israel
Government will be prepared to discuss with them any outstanding issues
including the return of civilians who have left the territories under
Israel control'.
183. On the last visit of the Special Representative to Damascus on 29-30 August,
the question of the return of displaced persons to.the occupied area became the main
topic of discussion. The Syrian Government advocated an intervention by the United
Nations to negotiate such a return. Pointing out the agreement reached with the
Government of Jordan on this subject, the Special Representative stressed that the
Israel Government had not refused the return of displaced persons but had left the
door open for discussions. Since the Government of Syria was not willing to enter
.'
into direct negotiations with Israel, and since the Special Representative was about
to leave the area, he drew their attention to the possibility of pursuing this
matter through the ICRC, which had acted with success as an intermediary between
Israel and Jordan on the matter of the return of displaced persons.
184. In this connexion it should be mentioned that a return of the displaced
persons in Syria would be a much more complicated and difficult operation than the
return of the residents to the West Bank, since the occupied areas in Syria were
/ . . .
-52-
almost completely abandoned and had been so for a considerable period. More
detailed and thorough planning would therefore be necessary, including the
reconstruction of whole villages, as well as a major relief and rehabilitation
programme.
(b) Displaced persons in Jordan
185. In early July the Government of Israel announced its intention of authorizing the return of displaced persons to the West Bank on certain conditions. In order to
obtain the authorization to return, each head of family was to fill in an
application form for himself and his family, and submit it with adequate identity
documents. The date of 10 August 1967 was set as the deadline for the return.
186. Agreement was reached between the Israel and Jordan Governments through the
ICRC acting as intermediary on a draft text for the application forms and the
Israel Government undertook to print them. The forms as first printed carried a
heading reading "State of Isradl; Ministry of the Interior".
187. When the first batch of several thousand application forms with'this heading
was transmitted to the Jordan Government on 17 July, it returned them four days
later as unacceptable. An Israel Government spokesman later explained to the Special
Representative that the printing of official documents with this heading by the
Israel State Printing Office was such a routine matter that in this case the heading
was included in the application forms without prior explicit instructions from the
Government authority concerned. All subsequent efforts to persuade the Israel
Government to delete the heading or to accept the insignia of the Red Cross instead
provea unavailing. Israel spokesmen accused the Government of Jordan of having
unnecessarily made a political issue of what they considered a rather unimportant
formality.
188. Meanwhile, the Israel Government insisted that in order to settle the many
practical arrangements concerning the return of the displaced persons, direct
contact with the Jordan representatives was essential. On 6 August, during a
meeting at the Allenby Bridge, in which representatives of the Israel Government,
the ICRC, and the Jordan Red Crescent participated, it was agreed to adopt a heading
on the application forms mentioning the ICRC in the centre, the State of Israel on
the left side and the Hashemite Kingdom of Jordan on the right. In addition, a
number of other problems were discussed, in particular, the question of the deadline for return set by the Israel Government. It was agreed that the new forms would be printed in Israel and transmitted by the ICRC to the Jordanian authorities, who
would distribute them to the displaced persons. The distribution of the application forms began on 12 August. Subsequently, the Israel Government agreed to postpone
the deadline for the return operation until 31 August. 189. On 18 July, before this operation began, some fifty families had already returned to the West Bank, following an Israel Government decision to allow the
return of special hardship cases on that date. 190. After agreement on the applicationformshad been reached, information was received from the Jordan Government that it had transmitted through the ICRC about 40,000 applications,
involving some 170,000 persons. According to the Jordanian authorities, the Israel Government approved, during the period of 13 through 28 August, only 4,763 applications, covering 16,266 persons. The first displaced
persons under this scheme crossed the Jordan river on 18 August. On 9 September, the total number of those who had returned was given by Jordanian sources as 14,150
persons and by Israel sources as 14,056. 191. Later, the Israel Government claimed that 'for reasons never satisfactorily
explained by the Government of Jordan, the Jordanian authorities did not make full use of the permits issued, and only 60 per cent of the displaced persons who had been authorised to return did actually show up at the crossing points". It further claimed that it had opened two bridges across the Jordan river to receive returnees at the rate of 3,000 a day. 192. The Jordan Government asserted that the procedure insisted upon by the
occupying authority had proved to be an impediment to a smooth functioning of the
return operation, and mentioned in this connexion that only a fraction of the forms
submitted had been approved and that only short notice, often of.less than twelve-
hours, had been given of this approval on a day-to-day basis. The lists of approved cases submitted daily by the Israel authorities were said to cover, in a single document, refugees accommodated in several localities and camps, who then had to be contacted and transported to the crcssing points .over the Jordan river
within a few hours.
/ . . . ,i
",
&:,
193. The Jordan Government also complained that the Israel authorities sometimes
approved the return of some members of one family while denying its approval to
other members of the same family. Moreover, displaced persons were not allowed to
bring with them all their personal belongings, such as their cars. These factors
had had, according to the Jordanian authorities, a negative effect on the desire of
displaced persons to return.
194. Finally, the Jordan Government claimed that the approvals given by the Israel
authorities excluded UNRWA-registered refugees and those displaced persons
accommodated in emergency camps on the East Bank as well as displaced persons
originating from the areas of Jerusalem, Bethlehem and Jericho. These restrictions
had made the organization and administration of the operation extremely difficult
for the Jordanian authorities and this was the main reason why many displaced
persons authorized to return did not actually appear at the crossing points,
195- The Jordan Government expressed through many channels its insistence on the
inalienable right of every displaced person to return to his home and on the
necessity of extending the deadline beyond 31 August.
1%. The Special Representative considered that, even without the many initial
difficulties which were bound to arise during such an extensive and delicate
operation, the deadline set by the Israel Government could not have allowed the
return of all those who wished to do so. Even if the potential daily rate Of
3,000 returnees mentioned by Israel had been reached every day during the period of
18 through 31August, only some 35,000 displaced persons could have returned.
197. In a letter to the Secretary-General dated 16 August, the Israel Government
asserted that while it was directing its efforts to alleviating the consequences of
the hostilities in order to bring back normalcy and to restore peaceful conditions,
including the return of displaced persons to their former homes, the Government of
Jordan was conducting a campaign of increasing violence, vituperation and direct
incitement, both of the prospective returnees and of the Arabs in Israel-controlled
territories.
198. The Israel authorities repeated these allegations to the Special Representative
during his stay in Israel and claimed that the alleged attitude of the Jordan
Government seriously impeded the whole question of the return of the displaced
persons. After a short visit to Amman, the Special Representative brought to the
-55- p’
Israel Government the assurance that the Jordan Government wished to proceed with
the return operation in an atmosphere of restraint and in accordance with
.ii
humanitarian principles.
199. In a note dated 24 August addressed to the Permanent Representative of,Israel,
(see A/@?'@, S/8133), the Secretary-General requested the Government of Israel to
extend the deadline for the return of displaced persons beyond the date of
:
31 August. In a reply dated 11 September (see A/6795, S/8153), the Permanent
Representative of Israel informed the Secretary-General that the Government of
Israel had decided:
(a) To allow former West Bank residents holding previously issued permits
who were unabletomake use of them before 31 August to return to their former homes
within a fixed period of time. Arrangements to this effect were being made.
(b) To authorize the Israel authorities to accept applications from residents
of the West Bank for the reunion of their femilies. Such applications would be
reviewed in each case by the Israel authorities with sympathetic consideration.
(c) To study individual applications based on conditions of special hardship.
(d) To discuss with Ul!TRWA representatives in Israel ways by which Israel
might contribute to a solution of the urgent problem arising from the adverse
physical conditions in the camps now occupied by those who were'previously UNRWA
refugees, particularly in the Jericho camps,
It whould be noted that the category of displaced 'PerSOnS referred to under
point (a) above would include 4,086 persons according to Jordanian es-&a-k and
6,602 persons according to Israel estimates.
(c) Displaced persons in the United Arab Republic
-I 200. The displaced persons whom the Special Representative met during his visit to
the United Arab Republic all expressed their desire to return to their homes. The
governor of the Liberation Province stated that upon their arrival in the land
reclamation project he had offered free plots of land to some displaced persons but
that they had refused, insisting on their desire to return to their areas of
2.‘
origin. It may be noted in this connexion that some of these displaced persons,
particularly bedouin families from the Sinai peninsula, had no agriCUltUrEd
experience.
-56-
201. The official position of the Israel Government concerning the return of
displaced persons from the United Arab Republic is similar to that concerning
displaced persons in Syria and has been set forth earlier in this report (see
paragraph 182).
202. The Government of the United Arab Republic, in its second rcund of talks with
the Special Representative on 26 August, held the view that discussions concerning
the return of displaced persons should be initiated by the Special Representative
in pursuance of Security Council resolution 237 (Sg67), while the ICRC might assume responsibility for the practical implementation of any agreement reached on this subject.
-57-
IV. TRE!ATM.RT!!TO F PRISONERS OF WAR
203. In paragraph 2 of its resolution 237 (1967), the Security Council recommended
to the Governments concerned the scrupulous respect of the humanitarian principles
governing the treatment of prisoners of war contained in the Geneva Conventions of
12 August 1949.
204. Under the Geneva Conventions it is incumbent on the ICRC to work for the
faithful application of these conventions and to take cognizance of complaints
regarding alleged breaches of the conventions and to endeavour to ensure the
protection of and assistance to prisoners of war. Consequently the Special
Representative kept in close contact on this question with the ICRC headquarters
I
in Geneva, with the Regional Representative of the ICRC stationed in Cyprus as
well as with its representatives in Israel, Jordan, Lebanon, Syria and the
United Arab Republic and had ample opportunity to appreciate the untiring efforts
of these officers in pursuing their~delicate mission.
265. In this connexion it should be.stressed that the ICRC had, in view of the
increasing tensions in the Near East, already sent representatives about ten days
before the outbreak of hostilities to Amman, Beirut, Cairo, Damascus and Tel Aviv,
and that this organization was therefore on the spot from the very beginning of
the conflict and has been there ever since to verify the application of the
Geneva Conventions. On the whole the ICRC has, as far as is known to the Special
Representative, been able to play in the area of conflict its important role as
agent and neutral intermediary.
206. Jordan, Syria, and the United Arab Republic, in letters to the Secretary-
General of the United Nations accused Israel of inhuman acts against, and
maltreatment of, prisoners of war from their countries and also of executions of
prisoners of war. Israel denied these allegations in letters addressed to the
Secretary-General. It also expressed grave concern over the treatment and
conditions of the Israel prisoners of war in the Arab countries, alleging that
public lynching of Israel pilots had taken place in the United Arab Republic
and that of two Israel pilots brought down over Syrian territory during the war,
one had been murdered and the other mutilated.
/ . . .
1
-5%
207. The Special Representative was not in a position to investigate any of the
above accusations, which referred to events alleged to have taken place well
before his arrival in the area, but he paid a visit to the r,emaining prisoner-ofwar
camps in Israel and the United Arab Republic and gathered the impression that
the treatment of prisoners was correct on both sides. The contact between the.
prisoners of war and their families had been established, after some initial
difficulties, through the ICRC and on both sides they had received mail and
parcels, all of which had helped to bolster the morale of the prisoners, who were
extremely unhappy about the slow'pace of the negotiations concerning their
exchange.
208. An exchange of prisoners of war had been successfully concluded. through the
ICRC between Israel on one side and Jordan, Syria and Lebanon on the other,
Negotiations between Israel and the United Arab Republic concerning an exchange
were continuing through the intermediary of the ICRC but had apparently not yet
led to any agreement.
$09, Israel stated that it had returned some 200 wounded prisoners of war to the
United Arab Republic, and immediately after the cease,-fire had carried out an
extensive operation, in which the ICRC also took part, aimed at tracing and
assembling those United Arab Republic soldiers who were scattered all over Sinai
and,in great distress. According to Israel sources, some 12,000 soldiers were
allowed to return to their country and were not taken prisoner.
-59-
V. TIB QUESTION OF THE TREL4TME!XC OF MINORITIES
210. In paragraph 2 of its resolution 237 (1967), the Security Council recommended
to the Governments concerned the scrupulous respect of the humanitarian principles
governing the protection of civilian persons in time of war contained in the
Geneva Convention of 12 August 1949.
211. Certain information concerning the safety, welfare and security of the
civilian population in or from Arab territories at present under Israel control
and the zituation of the prisoners of war is presented in other chapters of this
report.
212. Since the outbreak of the recent hostilities: Israel has expressed concern
about the treatment of Jewish minorities , particularly in certain Arab States.
Upon his arrival, the Special Representative was approached on this subject by'
the Israel Government. The Special Representative, not being sure whether this
particular humanitarian problem should be inquired into under his terms of
reference, consulted the Secretary-General. The Secretary-General informed him
that the provisions of Security Counci.&.resolution 237 (1967) might properly be
interpreted as having application to the treatment, at the time of the recent
war and as a result of that war, of both Arab and Jewish persons in the States which
are directly concerned because of their participation in that war.
213. Since this particular aspect of the protection of civilian persons in time of
war could be taken up only towards the end of his stay in the area of conflict,
the Special Representative had very little time for discussion or investigation of
the actual situation of minorities.
214. On 17 August, i.e. shortly before his return to,New York, the Special
Representative requested, in writing, the Governments of Israel, Syria and the
United Arab Republic, information on the treatment and protection of Jewish persons
in Syria and the United Arab Republic and of Arab persons in Israel, He stressed
that it would be particularly helpful for him to ,know how the personal and
property rights of such persons had been affected by the recent war, how many
of them might have been and continued to be confined and for what reason, and /
whether they were free to leave the country in which they were resident.
. .
-6o-
215, The Government of Israel, in a letter dated 27 August, informd the Special
Representative that, according to Special Emergency Defence Regulations, forty-five
Arab citizens considered as security risks had been placed in detention on the
outbreak of the war. Most of these had been released by 18 June and the others
twelve days later. Moreover, a curfew from 1900 hours to 0500 hours had been
ordered in one or two areas contiguous with Israel's border with Arab territory,
and for exit from those areas a special permit had been required. All these
precautions had, however, been rescinded on 21 June.
216. Except for the above security measures, there had been, according to the
Israel Government, no discrimination against Arab citizens: their property rights
had been fully upheld and respected and they were at liberty to leave the country
whenever they so wished.
217. For reasons explained above, the Special Representative was not able to look
into this particular problem extensively while visiting Israel: In Arab countries,
the Special Representative heard allegations that the Arabs in Israel were looked
upon and treated as second class citizens. Against this, the Israel Government
maintained that the Arab citizens of Israel, in peace-time or in war, were treated
in the same way as the rest of the population and that there Was no discrimination
against them.
218. During his last visit to Cairo, the Special Representative raised the question
of the Jewish minority in the United Arab Republic with the United Arab Republic
Government, which had just received his letter on this subject. The United Arab
Republic Government expressed the firm opinion that the Security Council
resolution did not apply to the Jewish minority in the United Arab Republic and
requested clarification on this interpretation before replying to the letter of
the Special Representative, The United Arab Republic Government pointed out in this connexion that the Jewish minority in the United Arab Republic consisted of
three categories. First, those of foreign nationality or origin, for example,
French and Italian citizens, who were looked after by the ambassadors of their
countries of origin. Some of this group had left the country already. Secondly,
the stateless Jews. These Were under the mandate of the United Nations High
Commissioner for Refugees, who has an office in Cairo. Thirdly, Jews of Egyptian
nationality. These were, so it was maintained, solely the responsibility of the
United Arab Republic Government.
I . . .
,.j
-6~
219. The Special Representative indicated that there were persistent allegations,
that 500 to 600 Jewish men (the Jewish minority in the United Arab Republic is
estimated at about 2,500 persons) had been kept in detention since the beghling
of the war, and held incommunicado, although allowed to correspond by letter
with their families and to receive relief assistance, and moreover that the
property of the Jews in Cairo had been confiscated.
220. The Secretary-General also took up this question with the Permanent
Representative of the United Arab Republic in New York and received‘essentially
the same response as the Special Representative. The Secretary-General raised
this question also with the Permanent Representative of Israel, who assured
the Secretary-General that if his Special Representative approached the
Government of Israel on the matter, he would find the Government responsive.
221. During his last visit to Damascus on 29-30 August 1967, the question'raised
by the Special Representative in his letter to the Syrian Government on the
Jewish minority in Syria was discussed at some length. Pending a written
answer to this letter, the Government explained that they welcomed the chance to
assure the Special Representative that the Jewish minority in Syria, numbering
about 4,000 and mainly concentrated in the cities of Damascus, Aleppo and
Kamishli, was treated in exactly the same way as other Syrian citizens. As
among the Christian and Moslem population, there were among the Jews certain
individuals who were under suspicion for anti-Government activities and were
therefore restricted in their movements for security reasons. Otherwise-they
had the same freedom of movement and of work as other Syrian nationals.
222. The Special Representative was invited to visit some Jewish shops, and
during a tour of the shopping district of Damascus in the company of officials
of the Ministries of Foreign Affairs and the Interior he saw a number of Jewish
shops which all seemed to be working normally.
VI. CONCLUDING REMARKS
223. This report gives a wide-ranging impression, which clearly could not be
exhaustive, of the problems, the sufferings and the condition of the peoples in the areas of the Near East affected by the hostilities of last June. This tragic
human aftermath of war is a world-wide responsibility and must touch us all.
224. The report leaves no room for doubt about the grave hardships which the
peoples affected have undergone, and it is clear that in many places hardship and
distress on a large scale continue. I hope very much that the Governments concerned
will find it possible to divorce the purely humanitarian aspects of the situation
in the Near East from the political and military aspects, so that measures to
relieve the suffering of the innocent civilians involved can be taken with
humanitarian considerations mainly in mind. It would be doubly tragic if the
victims of the war should continue to be victims of the animosities and tensions
of the parties to the conflict and if efforts to alleviate their sufferings were
rendered ineffective by any spirit of retaliation or vindictiveness. It is clear
from'the report that the Governments concerned have themselves exerted efforts to
help the people affected by the war. I very much hope that, pending some more
basic settlement, these efforts can go forward and be increased. TJNRWAls efforts
also have now become more indispensable than ever, and I hope that co-operation
with UNRWA in the area itself as well as support for it from outside will be
commensurate with the new challenges which UNRWA now has to face.
225, I wish to express my appreciation to all the Governments that have made
voluntary contributions of one kind or another to aid the distressed peoples of
the Near East. Many of these voluntary contributions are set forth in detail in
document ~/6792 and Add.1. I would also like to record my appreciation and
admiration to the many voluntary and national agencies which have given practical
succour to the afflicted peoples of the Near East in this tragic time. In
expressing these sentiments, I feel it my duty to point out that the onset of
winter will greatly increase the sufferings of many and that more assistance of
almost all kinds is still urgently required. I appeal to all Governments, and
to voluntary agencies as well, to continue to contribute to the humanitarian task
which faces the international community in the Near East.
/ . . .
" .
i
-65 i
,
ANNEX I
Itinerary of the Mission of the Special Representative
(11 July - 1 September 1967)
11 July
16 July
1.7 - 18 July
18 July
20 July
20 July
23 July
24 July
25 July
26 July
27 July
28 July
29 my
4 August
6 August
8 ,August
9 August
11 August
Arrival at Beirut by air from New York.
Beirut - Damascus by car.
Visits to refugee camps in and around Damascus.
\
Damascus - Amman by car.
Visits to refugee camps in the Jordan Valley close to
Allenby Bridge, Karameh, Salt and a new camp in the desert
north of Amman.
Amman - Beirut by air.
Beirut - Jerusalem via Tel Aviv by car.
Jerusalem - Nablus - Jerusalem by car. Visit to the Old
City of Jerusalem.
Visit to camps at Kalandia and Amara.
Jerusalem - Tel Avia - Jerusalem by helicopter. Visit to
POW camps at Atlit.
Jerusalem - Tel Aviv by car.
Tel Aviv -* Nicosia by air.
Meeting with the Chief Delegate of ICRC in Nicosia.
Nicosia - Cairo by air.
Cairo - Liberation Province (north-west of Cairo) - Cairo
by tax.
Visit to refugee camps.
Cairo - Beirut by air.
Beirut - Amman by air.
Amman - Jerusalem via Allenby Bridge by car.
Jerusalem - Safad by air.
Safad - Kuneitra - Majd-el-Shams - Safad via Banyas and
Tel Azzaziat by car.
Safad - Jerusalem via the kibbutzim of Lehavot Habashan,
Gadot and Tel Katzir by car.
Jerusalem - Hebron - Beitaua - Bethlehem - Jerusalem by
car.
/ . . .
12 August -
13 August -
14 August -
15 August Y
17 August -
25 August -
27 August -
29 August -
30 August -
1 September -
-64-
Special Representative:
Jerusalem - Amman - Jerusalem via Allenby Bridge by car.
Assistant to the Special Representative:
Jerusalem - Qalquiliya - Beitnuba - Yalu - Imwas -
Jerusalem by car.
Tour of the outskirts of the Old City of Jerusalem.
Jerusalem - El Arish - El Kantara (Sinai) - Ashqelon by
helicopter.
Ashqelon - Gaza - Jabalia - Jerusalem by car.
Jerusalem - Beirut by car.
Beirut - Cairo by air.
Cairo - Beirut by air.
Beirut - Damascus by car.
Damascus - Beirut by car.
Departure from Beirut for New York.
-65-
ANNEX II
Aide-memoire submitted to the Special Representative
by the Jordanian authorities
1. .At the meeting held today in the office of the Prime Minister in Amman
attended by Mr. Gussing and his aides on the one hand, and members of the
Ministerial Committee for Refugees t Affairs on the other, a complete review was
made of the background, causes and development of the refugee problem involving
about 215,000 Jordanian nationals who were displaced from their camps, villages
b and towns on the West Bank of Jordan.
The review included also measures taken by the Jordanian authorities in
collaboration with UNRWA and with the help of sister and other friendly countries
t0 provide whatever measuTe of relief was possible and practicable under very
different circumstances of influx of large numbers of refugees during the Israeli
aggression and directly thereafter with very limited supplies of' tentage, blankets,
foodstuffs and medicines at the disposal of the authorities,
2. The Jordanian Government hastened to set up a Ministerial Committee composed
of the Ministers of Finance, National Economy, Education, Social Welfare, Health
and Reconstruction and Development as well as the Director of Public Security
and the President of the Jordan Red Crescent Society. This group was to be joined
at a later stage by two representatives of the private sector and the Governor of
Amman. This Committee organized relief work and controlled all stocks of
contributions in kind on receipt and distribution. It also conducted through
sixty-two centres throughout the East Bank which were managed by committees
consisting of civil servants and UNRWA officials, a registration of those refugees
who were mainly housed in schools, social centres, public buildings and mosques,
living in a very unhygenic manner, mixed up in a socially unacceptable manner and
overcrowded with very poor nutrition especially for children. The registration
date set for 1 July 1.967 was announced ahead of time to all, but particularly for
the purpose of those who were not in such public buildings but had stayed with other
other refugees in camps around Amman, Zerka and Irbed or had no shelter at all,
and stayed in the open fields. The forms they filled in triplicate (copies
presented at meeting) contained many details about the family whose head filled
the form after being cautioned against untruthful statements. It contained items
-66-
relating to previous registration card with UNRWA, place of residence and such
other relevant information. Once the registration was completed, the refugees
were teken to the eleven camps set u$ by the Government, in respect of six of
.
which UIXRWA had accepted to take managerial and maintenance responsibility. These
camps were located at:, Souf, Zezia, Wadi Dhuleil, Mayan, Tafeeleh, Kerak (on the
highlands), and Karameh, Shuneh, M'adi, Deir Alla and Wadi El-Yabis (in the
Jordan Valley). Those camps that were not taken by UNRWA were managed by the
Government with help in certain respects from UNRWA.
The result of the registration showed a total of 177,165 refugees but did not
include a large number who were not registered. The number registered is estimated
to be 70 per cent of the total number of refugees and displaced persons,
3* It can hardly be said that, in spite of all the efforts on the part of both
the Government and UNRWA, the general conditions of the refugees was in any manner
or description satisfactory. It is true to say, however, that their problem
continues to be humanitarian, social and political of an undefinable magnitude,
The Jordan Government had noted with satisfaction the Security Councilts
resolution No, 237 adopted at its 136ht meeting on 14 June 1967, and had on
more than one occasion made appeals to the Secretary-General to ensure the
implementation of said resolution:
A, With respect to total or major destruction by the Israel attacking
forces, whether during combat or after the cease fire, of many Jordanian
towns and villages on the West Bank of Jordan including but not limited to:
Kalkilya, Beit Nuba, Imwas, Yalu, Beit Aou, Nuba, Khares, Idna, Soureef as well
as the Magharbeh Quarter and Sa'diyah Quarter in the City of Jerusalem.
All of this resulted in making homeless and destitute all the innocent
civilian dwellers and inhabitants of these plaqes, turning them into helpless
refugees and displaced persons. A visit by Mr. Cussing t.o these places is most
important to establish the facts with regard to the damage caused by Israeli
forces,
B. With respect to returning the refugees who have fled from the West
Bank of Jordan sinc.e the outbreak of hostilities to their homes, camps, towns
and villages.
/ . . .
-67-
4. The UNFS?A COMMISSIONER GENERAL put out his'report on "HUMANITARIAN ASPECTS
OF THE SITUATION IN THE MIDDLE EAST" on 18 June 1967 and his second report on
4 July, which has since been issued as a United Nations General Assembly and
Security Council document. Both of these reports showed clearly the pitiful,
condition in which the peaceful inhabitants of the West Bank of Jordan had
found themselves and in some cases becoming 'refugees square" (for the second
time", since 1948.
5s ' The Government of Jordan has consistently maintained that the West Bank
of Jordan, which was under temporary and forcible military occupation by the
Israeli army, was an inseparable part of the territory of the Hashemite Kingdom
of Jordan, and that the right of those who have been displaced from their lands
and homes to return thereto and to maintain possession and ownership thereof
was an established and inalienable right. It appealed to the inhabitants of the
West Bank still resident there to stay in their homes and lands, and made continued
appeals to the United Nations for the return o,f the refugees who moved from the
West Bank or who have been displaced therefrom.
On 3 July and after the Israeli announcement of 2 July, the Jordan
Government reiterated its stand as above described and conveyed it again
officially to the Secretary-General through the Jordan Permanent Delegate
at the United Nations. ,
Then followed the General Assembly's resolution on Humanitarian Assistance
adopted on 4 July, which welcomed with great satisfactkon the Security Councilrs
resolution 237 (1967) of 14 June.
6. Cables were exchanged between the International Committee for the Red Cross
and the Jordan Government between 5 an& 7 July regarding setting up two
pedestrian and two transport bridges on the River Jordan for the purposes of
returning refugees and displaced persons. The Jordan Government gave all the
approvals required on very practical and reasonable conditions.
7. Continued consultations were maintained by the Jordan Government with the
Commissioner General, Deputy Commissioner General and the Representative in
Jordan of UNRWA for the purpose of administering relief to UNRWA registered
refugees who moved to the East Bank from the West Bank of Jordan, as well as
to other displaced persons, The Government also paid a great deal of attention
in said discussions to:
/ . . .
A. Deteriorating conditions of inhabitants of the West Bank of Jordan,
where the economy has been paralysed, a shortage of food approaching hunger
was becoming a threat, means of transportation were confiscated by the occupying
forces, and there is no circulation of money due to confiscation by occupying
forces of cash on hand at the Jordanian banks who were closed for business by
these forces.
B. Return of the refugees and other displaced persons who moved from the
West Bank of Jordan during and as a result of the hostilities.
Similar contact was being maintained with the President of the International
Committee for the Red Cross, the League of Red Cross Societies and the Red
Cross delegates in Jordan, A meeting was held by top Government officials and
the President on: 15 July in Amman.
8, The Jordanian stand has always been very clear:
A. The West Bank has been and continued to be an inseparable part of the
land and territory of the Hashemite Kingdom of Jordan inhabited by Citizens
of the Kingdom.
B, The right of the refugees and other displaced persons to return to
their homes and lands in the West Bank of Jordan was sacred, undisputable and
inalienable. It is a right that stands no condition and should not be subject
to any,.
C. The return of the refugees and other displaced persons in exercise of
the right above mentioned should be under the supervision of the ICRC and any
request for such return by the families should be made to the ICRC, who is
fully empowered by the Jordan Government to satisfy itself of the identity and
place of residence on the West Bank of the refugees and displaced persons in
addition to verification of any other information regarding any of the refugees,,
The Government is willing to facilitate the work of the Red Cross to the utmost,
+ D. The occupying forces should return to their rightful owners all
properties confiscated whether in the form of transport vehicles, other materiel
assets and all monies confiscated unlawfully and forcefully from Jordanian banks
in the West Bank of Jordan which amounted to about JD 600,ooC.
-69-
E . As very few refugees have ever had an identity card issued them and
.even fewer were able to bring with them any identification papers in the very
difficult circumstances of their influx and flight from the West Bank, it was
proposed to the Red Cross:
(0 The forms customarily used by the Red Cross for such repatriation
operations are acceptable to the Jordan Government. This is a
humanitarian operation and should not form a part of any political
involvement.
F.
with some
stated in paragraph 2 above as adequate evidence of the status and
place of residence of persons other than UIVRWA registered refugees in
respect of whom UNRWA certificates would be issued as in (ii) above.
The Jordan Government would like to provide the returning refugees
food-stuffs and some cash for their livelihood and this should be
facilitated by the Israel Authorities,
G. . The Jordan Government has arranged with UNRWA for administering relief
assistance to the returning refugees en route to their camps and at their camps
after return thereto, Also an international appeal has been made through the Red
Cross for urgent relief assistance to other inhabitants of the West Bank who live
under very difficult economic, political and social conditions.
H. The Jordan Government is attempting at making some suitable arrangements
for the reopening of Jordanian banks on the West Bank under the auspices of the
IMF in order to serve Jordanians in rehabilitating economic activities on the
West Bank pending withdrawal of the occupying forces from Jordanian territory,
(ii)
(iii)
To have UNRWA issue certificates for those who have been UIYRWA
registered refugees in the West Bank and who had received UNRWA
rations in May 1967, and were eligible for such rations in May 1967,
and were eligible for such rations on 5 June 1967.
To accept the 1 July registration form filled and certified as
ANNEX III
Aide-memoire prepared by the Jordanian authorities
concerning talks held with the Special Representative
by the Minister of Foreign Affairs and the Minister of
National Economy of Jordan,in Amman, cn5 August 1967
1. This meeting took place at the office of the Minister for Foreign Affairs
at LO,15 a.m., and was followed by another meeting between Mr. Gussimg and the
Prime Minister.
or, Gussing was desirous of reviewing developments that have taken place
since his last visit to Amman which ended on 19 July, and stated that he intended
to go over to the occupied territory on Sunday, 6 August, for a more extensive
visit.
2. The viewpoint of the Jordan Government was stated as follows:
A. The Government is still desirous of repatriation of the refugees and
other displaced persons who have moved over to the East Bank from the West
Bank of the Hashemite Kingdom of Jordan during, since and because of the Israeli
aggression of June 1967. w
The Government has done all it could to have this humanitarian operation
successfully effected, including authorizing the Jordanian Red Crescent Society
and the International Committee for the Red Cross to take all measures and steps.
in accordance with their conventions and principles of International Law (with
special relation to inhabitants of occupied territories), to return the refugees
and displaced persons to their homes, towns, villages and camps on the West Bank,
presently under temporary military occupation,
The Government, therefore, hoped that Mr. Gussing will continue his efforts
to achieve this end in fulfilment of the Security council*s resolution of
14 June 1967 (No. 237/1361). The Government being ready to facilitate his work,
affirms its p?XdoUS stand in welcoming Mr. Gussing to visit any part of the
countrY and to meet whomever he finds necessary to meet and talk to, but it feels
it is only Proper not to allow such rightful return to Jordanian territory by the
refugees and displaced persons who are all citizens of the Kingdom, nor such a
hwnanitarian operation to form part of any political involvement,
I . . .
-7l-
Equally, the Government of Jordan felt that it was most essential for
Mr, Gussin to be given the freedom and opportunity to visit all places and to
meet all people in the West Bank of Jordan whom he deems would contribute
towards better enabling him to report more fully to the Secretary-General
regarding the situation on the West Bank and the conditions under which its
inhabitants are today living. This would particularly be true in the case of the
towns and villages wholly or partially demolished by the occupying forces
(paragraph 3 A, page 2 of the Aide Memoire dated 19 July). Equally important
would be the visit by Mr. Gussing to the detained personalities whose matter will
be alluded to hereinafter.
It was promised that Mr. Gussing would be informed of the outcome of
Jordan's discussions with the Red Cross as soon as possible. (Mr, Gussing was
given a fuller and up to date briefingby the Chairman of the Ministerial
Committee for Refugees Affairs during the course of the evening.)
3. Mr. Gussing's attention was drawn to the unlawful detention and expulsion
by the military forces in the occupied territory of leading Jordanian citizens
in Jerusalem, some of whom are high Government officials, and other professional
personalities.
The following have been detained and/or expelled to other parts of
Palestine:
(i) Mr,, Anwar Al-Khatib, Governor of Jerusalem,
(ii) Dr. Daoud Al-Husseini, one-time a Member of Parliament.
(iii) Mr,. Ibrahim Bakr, an advocate and member of the Jordan Bar.
(iv) Mr. Abdul Muhsin abou Meizer, an advocate and member of the Jordan Bar.
The Government takes the firm stand that the action in respect of the above
gentlemen is highly illegal, contrary to recognized principles of International
Law and contravenes both The Hague Rules and the Civilian Convention of Geneva.
It is, in addition, in direct conflict with paragraph 1 (a) of the Security
Council resolution No. 23Tr whereby Israel was
welfare and security of the inhabitants of the
have taken place".
called upon "to insure the safety,
area where military operations
/ *..
-
Lc. Mr. Gussing's attention was also drawn to the attempts by the military
authorities in the Occupied Territory to require Jordanian teachers to fill forms
by or before 6 August 1967, which provide for a statement by the teacher filling
such form to the effect that his l'$revious nationality was Jordanian" and
"present nationality is Israeli". This is absolutely and flagrantly contrary
to Rule 45 of The Hague Rules of 1.967, whereby it has been forbidden to force the
inhabitants of the Occupied Territory to swear aUegiance to the occupying force.
5. The same treatment meted to the teachers has also been attempted at:
A. Judges of the courts of justice, who have been required to owe
allegiance to the occupying forces, who have been required to sit in Ramallah
while their normal area of jurisdiction under existing Jordanian laws is in
Jerusalem, and whose working conditions1 was being made so impossible that they
cannot exercise justice in accordance with the laws of the land.
B. Doctors and other professional people whose working conditions were
being made impossible, especially in the case of doctors where the question of
allegiance and extremely poor pay combine to cripple their most needed services
to the inhabitants.
6, In addition, the Occupying forces have announced their intention to change
the curriculae and teaching programmes at the schools in the West Bank of Jordan
while it is also a recognized principle of International Law that schools and
educational establishments must be permitted to continue their ordinary activities,
and the occupant is bound to facilitate the proper working of all institutions
devoted to the care and education of children. Kindly refer to article 50 of
the Geneva Convention "The Civilian Convention" of 1949.
7. All the above being basic aspects of the welfare of the inhabitants of the
West Bank, the Government "requests the intervention of Mr. Gussing, to seek an end to such unlawful measures", which might lead to injurious results harmful
to the whole population of the West Bank of Jordan including Jerusalem.
8. The il.Legality of all actions taken by the occupying forces with regard to
Jerusalem was also discussed, It was becoming very apparent that these forces
were not getting any response or co-operation from the people of the city in
respect of such illegal acts. On the other hand, such acts have prejudiced
/ . . . .:.
-72-
the safety and well-being of the inhabitants, Some attempts have been made at
I: >14X changing existing Jordanian laws, imposition of taxes and customs duties on goods
coming into the city from other parts of the West Bank of Jordan, in addition
15%
to other arbitrary and illegal measures, with the result of causing extreme hardships, obstmcting and disrupting the minimum of economic activities and
causing unemployment.
It was requested, therefore, that such a situation should "receive the
attention and care" of Mr. Gussing as touching on the welfare of the inhabitants.
It will also be brought to the attention, at a later stage, of the United Nations
Secretary-General's Personal Representative for Jerusalem.
/ . l .
ANNEXIV
Statement on the situation on the West Bank by an official
Jordanian spokesman, submitted to the Special Representative
by the Jordanian authorities
2 August. 1967
i
An official Jordanian spokesman announced the following:
The occupying authorities broadcasted that they have carried out an economic
survey on the West Bank of the Hashemite+Eingdom of Jordan in which they claimed
that the Jordan Government has not invested in the West Eaak except one third
of total investments and that it adopted other economic discriminatory measures
against Jordanian nationals in the West Bank.
The Jordan Government declares that all these claims constitute a clear
distortion of facts and falsification of the simplest principles of economics and
do not represent except cheap intrigue meant to create confusion and cover up for
the enemy's responsibility for stagnating the economic conditions in the West Bank
by various means and pressures so as to destroy economic, construction and touristic
activities, thereby creating unemployment, decreasing output and income and
throttling business activity.
The Jordan Government views and continues to view the Kingdom with its two
Banks as constituting one entity from the political, economic and social aspects.
On the basis of this principle it has formulated, financed and implemented plans
to develop all of Jordan's human, natural and economic resources with the aim of
raising living standards of its people wherever they are and without any
discrimination whatsoever, with special emphasis on the development of all these
resoWYeS in order to increase income and production and create additional
employment opportunities without neglecting the development of social sectors such
as health, education and social welfare. In addition, adequate attention has been
given to road construction, public utilities and other social ser&.ces which wo&d
suPPort the development of productive sectors and strengthen its effectiveness.
As it is well known to international economic circles, Jordan has faced
since 1948 tremendous obstacles consequent to the Israeli aggression which resulted
in the influx of one million Palestinian refugees. This has led within few months to tripl.ing the population of the Hashemite kingdom of Jordan without
a proportionate increase in the country's resources. Moreover it has necessitated
c omplet e rerouting of Jordan's trade and lines of communication. Notwithstanding
all these problems, Jordan has, under the wise and dedicated leadership of
H.M. King Hussein and efforts of its people, achieved rapid economic growth,
Gross National Product has risen from JD 52 million in 1954 to JlI 187 million
in 1966 thereby raising per capita income from CTD 37 in 1954 to JP 95 in 1966.
In spite of the non-stable conditions in the Middle East engendered by the
continuous encroachments and acts of aggression by the Israeli forces of evil,
the profound confidence of Jordanians in the growth and prospects of Jordan economy
has been the major incentive underlying their participation In the development
of the various sectors of the economy by investing their savings which raised the
proportion of capital formation to,,gross national product from 10 per cent in
1954 to ~&per cent in 1966. The, role which the Government exercised in this respect has contributed significantly towards strengthening this confidence
through the maintenance of financial and monetary stability as well as the creation
of close co-operation between the public and private sectors towards attaining,
the objectives of comprehensive development.
According to official statistics, the direct contribution of the West Bank
amounted to 40 per cent of gross domestic product, and about 50 per cent of :
gross national product' if the appropriate economic components were taken into
consideration. This plainly refutes the figures given in the misleading report
which was broadcasted by the occupying forces. Therefore per capita product in
the West Bank is higher than was cited in the referenced report.
Moreover available data indicate clearly that investment by the private and
public sectors was almost equal in both Banks. For example, investments in the
West Bank of the Kingdom represented about 95 per cent of total investment in
tourism, 60 per cent of private constructions, 52 per cent of Government buildings,
48 per cent of municipal and rural development schemes and 44 per cent of highways
and roads.
Th, e Government of Jordan has, through its financing agencies, provided
necessary funds to develop the agricultural sector in the West Bank in accordance
with & sound and well conceived plan. This led to the prosperity of this sec$i:
and e&panded production whereby it produced 87 per cent of the country's produdt~on
of olives, 80 per cent of fruits and 45 per cent of vegetables. This has been
achieved in spite of the fact that the agricultural area of the West Bank does not
exceed 28 per dent of the total cultivated area in the Kingdom.
The Government has also established and financed 239 co-operative societies
in the West Bank out of a total of &64 societies in the Kingdom. In addition
investments have been made in irrigation, water supply, and electricity projects.
Theiimplementation of Jordan's electrification plan has been commenced and its aims
at provid-ing electric power to all villages in the Kingdom with population
exceeding 2,000 inhabitants ,by 1970. Similarly work was underway on the expansion
and:improvement of the Jerusalem Airport and the construction of a modern highway
co$ecting Jerusalem and Bethlehem. These two projects were planned to be
completed this year had it not been for the Israeli aggression.
Industrial planning,in Jordan, as is the case with other countries, is based
on sound economic bases, and thus Jordan industries have been established in the
various parts of the Kingdom in a way befitting the conditions of each industry
and the attainment of its econctie and technical feasibility so as to contribute
to the development of the Kingdom as a whole giving equitable employment and
ownership opportunities for all Jordanians.
There is no doubt that all &tempts by the enemy to distort facts and spread
confusion are doomed to failure particularly since all citizens in both Banks
are aware of the extent of the joint efforts by the Government and the public
which were made and continue to be made in the various fields of economic and
social development which have effectively contributed in raising living standards
and,income to all Jordanians.
: Our citizens in the West Bank have experienced all means of enemy twisted
proiaganda which aims at diverting the attention of the people from the
indisputable fact of the unity of Jordan soil and their deep faith in the national,
social, economic and political ties which unite all Jordanians together in one
family and with one goal in mind, namely, the invincibility of the Hashemite
Kingdom of Jordan and its prosperity as an indivisible part of the Arab World.
B’i.rst aide-memoire submitted to the Special.
Representative by the Israel authorities on
the situation on the West Bank
_S_o_m-e-- “-c-h-_a-r-a--c-t-e--r-i_st_ic_s_ _I____o__f __W_e_s_t_ _B_a-n k economy
The West Rank had almost half of Jordan’s population ( 900.000
Out of two million ) but it accounted for only one-third of the output. Average
income in Transjordan was U.S. $335 per person; in the West Bank only U. S.
$216. One cause was the bias in investment policy, another the presence of
refugees. Of U. S. $84m. invested in 1966, two-thirds went to Transjordan,
seat of, all the country’s sizeable industries, such as oil refining, cement’
and phosphates. On the other hand economic activity in the West Bank,
concenfrated on agriculture, supplying 12 per cent of Jordan’s farm output,
and on tourism.
The West Bank had only 22 per cent of Jordan’s industry and
16 per cent of her trausport. Total industry output in the West Bank equals
two per cent of Israel’s production.
_E_m-p--lo--y-m--e- nt
Several steps have been taken in order to provide wider
employment to local labour. The Public Works Department was instructed
to follow‘the same work methods as in the past, A large number of labourers
(500) have been engaged by the authorities to work on road repairs on the
Nablus-Ramallah and Megiddo-Jenin roads. Another 300 are working on road
repairs in the Ramallah and Jericho areas. 130 workers have been employed
in the same areas in afforestation and irrigation. Street repair work is
conducted in Jenin. The Nablus municipality received a loan from the Israel
authorities for current public works ‘and the road leading to Mount Gerizim
will be widened, The road from Tul Kaream will be repaved. 18 large public
buildings the construction of which was interrupted by the outbreak of war,
will now be completed, mainly in order to provide employment. The Public
\Vorks Department is resuming work on projects which employ 15.000 persons.
The Jiinistry of Labour is setting up vocational training centres
for ~nl~killed dltlt~, ” Ort” is preparing to open 4 vocational schools in the I
A_g-.r.i-c-k--tu--ree- -
-78.
Agricultural institutions operating before 5 June have been
reopened and are manned largely by the original staff. Also operating
are Government research stations, plant nurseries, offices of afforestation,
veterinary supervision centers. The next agricultural season is being planned
with a view to avoiding surpluses. Commercial marketing of agricultural
prcduction has been organized in order to solve the Problem of agricultural
surpluses it has been agreed that they would be used ti Israeli processing
plants. In the field of agricultural exportation a trial shipment of plums from
Hebron was air-freighted by El-Al to West Europe.
I_n-d-_us--t-r-y
The Nablus factory ,@roducing special oil used in Arab cuisine has
reopened, It employs 150 workers. The local match ractory is operating again.
C--o--m--m--e_r-c e
Branch offices of the Ministry of Commerce and Industry will be
opened in the major towns of the West Bank, the Gaza Strip and the Golan Heights
to help local businessmen. A senior Ministry official has been appointed to
coordinate commercial and industrial activities in these areas.
Trade will be permitted between the West Bank, the Gaza Strip
and the Golan Plateau.
-S-e--r-v-i-c-e s
-P-o--s-t-s
The Post Office in Jenin was reopened, bringing up the number
of post offices that have resumed work on the West Bank to six - in Hebron,
Bethlehem, Ramallah, Jericho, Nablus and Tulkarm. Distribution of mail
in all villages has been arranged.
Phones i’n East Jerusalem have been Hnked to the national direct
d&ding I~JV~~CZDWLor.k has also been ordered to proceed on the restoration of,
interurban telephone connections between the West Bank towns.
-E-l-e--c-t-r-ic--it y
A survey has been carried out of electricity supply. Damaged
lines and wires have been repaired. The whole Western Bank electricity
network is operating except for the Jericho high voltage line scheduled
for reopening on 15.8.67. At ,present Jericho gets its electricity supply
from a local generator.
-W--a--t-e r
Thorough water supply system surveys were carried out.
Existing installations are operating and those under constructions are
being completed.
-H-e--a-l-t h
Hospitals and clinics are functioning normally. The 1.700
beds that were at the disposal of the local population are used as before.
Health and sanitary conditions are satisfactory. This results in low
occupancy of hospitals. In special cases, where local facilities cannot
supply adequate medical treatment, patients are transferred to Israeli
hospitals,
The Israel authorities assist in the operation of 8 governmental
hospitals, 6 health clinics and a central laboratory. A blood supply was
arranged for urgent cases, and preparations are under way for the
establishment of a Blood Bank.
Vaccinations against epidemics are carried out in cooperation
with UNRWA,
The local staff of public health organizations, which amounts
to 700 persons, receives wages from the Israel Ministry of, Health.
A special commission under the chairmanship of a deputy director
of the Ministry of Health was appointed for the purpose of planning preventive
medicine, public health and sanitation.
/ . . .
-.-h
The Israel Medical Association has announced that it is ready
to admit to its membership all medical institutions and personnel within
areas now under Israel control. It has also announced that Israel doctors
would extend to these areas all necessary assistance to solve their. health
problems.
-E= -d,=u=s =a=t,io n_
Registration of educational staff was completed as schools are
scheduled to open on.l.9.67 after the end of the summer holiday. 4.575
teachers are being paid their salaries by the authorities.
The number of school children in the West Bank is about
180.000 of whom 130.000 attend governmental schools ; 42.000 are in
UNRWA schools and the rest in private institutions.
The Israel authorities have set up a special budget for repair
of schools damaged during the’war.
-We-e-lefa--re
3 district welfare officers operate in Jerusalem, Hebron and
Nablus granting allowances to individuals and supportingsrarious welfare
organizations. Also operating are 8 welfare institutions, 9 juvenile
deliquency institutions, a home for aged, for the blind and one for homeless
bhildren.
150 persons are employed in the above-mentioned institutions.
C ommunic ation
The Egged Transport Company has opened recently anew bus
route from Gaza to the West Bank, via Beer-Sheba. Buses will ply’the
route twice daily with stops at He&on, Bethlehem, Jerusalem, Ramallah
and other West Bank towns,
R--E--L-I-G-_IO- N
8 Xoslem religious courts are functioning. The staff (40), is
being paid by the Israel authorities.
Protection of the Holv Places
The Ministry of Police is about to set up a ” Holy Places guard It
consisting of 48 unarmed watchmen of various denominations, with full
police authority. The Ministry of Religious Affairs is helping the Moslem
religious trusts in East Jerusalem to repair the few mosques that were
damaged during the fighting. The Egyptian architect supervising the restoratioh
work at the Dome of the Rock at the El Aksa Mosque, Mr. Abdul Moneim
Abd-el-Wahab, is back at work.
L--A-_WCivil
courts have resumed their work in Nablus on 3 3uly,
They are adjucating under Jordanian law.
Second aide-memoire submitted to the Special
Representative by the Israel authorSties on
the situation on the West Bank
Israel’s policy in the areas under its control is guided by the
following principles :
a.
b.
C.
Speedy restoration of normal civilian life in all its aspects;
Continued functioning of existing local authorities;
Return of West Bank inhabitants who fled following the
outbreak of hostilities;
d. Co-operation with UNRWA, the International Red Cross
e.
f.
and welfare organizations operating in the areas;
Study of possibilities of solving the refugee problem;
Buttressing the economic fabric of the towns and the
countryside.
TIIE WEST BANK
The effects of the hostilities
The fighting was brief, Consequently, physical damage and casualties
were limited. Nevertheless, by the time cease-fire between Israel and
Jordan was established, life on the West Bank was seriously disrupted.
During the fighting, considerable numbers of inhabitants crossed the
Jordan River eastwards. In many cases they were motivated by fear;
but the main impulse was economic: the desire to ensure the continusd
reciept of money transfers from relatives in other Arab States or of
salary payments by the Jordanian Government. Many of those who left
the West Rank were registered with UNRWA as refugees, The certainty
that they would continue to receive UNRWA assistance served as
encouragement.
As a result of the hostilities there was a general breakdown of
public administration, Many of the Government and municipal officials
crossed to the East Bank during and after the fighting. Frequently they took
with them the public funds in their charge. The shortage of funds was
further accentuated by the fact that banks were found to have a liquidity
of less than ten per cent. The remainder was usually held at the head
offices in Amman. Furthermore, such services as electricity and
telephone communications were seriously damaged during the fighting.
A number ofmeasures of an administrative and economic nature have been
adopted with a view to restoring normal life.
Municipalities and local councils
Shortly after the cessation of hostilities, all municipal and local
councils were urged to pursue their activities as usual. They are now
in the course of preparing ordinary and long-term budgets. Advances
on municipal budgets have already been made by the Israel authorities.
These advances, paid in Jordanian dinars, are intended for-salary
disbursements and other routine expenses. The salaries of all municipal
; employees are paid regularly.’ This applies also,to most of the former
Government officials, including all teachers. The latter are now on
summer vacation but have already begun preparations for re-opening
schools in accordance with the regular schedule.
Public Health
Health services are functioning normally. Hospitals are fully
staffed and equipped. Medical supplies are distributed where needed,
but ample stocks are in general available locally.
Freedom of movement
Curfew has been rapidly reduced. There is complete freedom of
movement within the West Bank. Movement from the Gaza Strip to the
West Bank, not permitted in the px st, is being gradually introduced. Visits
are being arranged from the West Bank to various parts of Israel,
Transportation
Almost all private vehicles requisitioned during the hostilities have
been restored, This is true also of all agricultural machines and equipment.
Public transportation, including inter-urban bus services, has been
fully resumed. Fuel supply is normal.
Local Police
Arab policemen have been re-employed on a large scale.
Administration of Justice
Local Courts, including District Courts, have been reactivated.
They are functioning on the basis of laws in force before 5 June.
Postal Services
All major post offices have been re-opened.
Commerce
Most shops and other commercial enterprises have re-opened. The
influs of tourists has contributed to a considerable upsurge of commercial
activity.
Welfare
All personal remittances from abroad reach their destination
through banks. With a view to channelling new funds into the economy
All international and local welfare organixations, including religious
welfare institutions, are being encouraged to pursue their normal
activities. Most have resumed their regular work. Arrangements are
also being made for continuing the welfare activities formally supported
by the Government of Jordan.
Financial and economic measures
and encouraging development, Israeli banks have been permitted to
open -branches (one to a town) on the Fiest Bank. Cine of the main
activities is to grant loans to industry, commerce and agriculture.
Returnees from East Bank
Persons who had resided on the West Bank, and who crossed over
to the East Bank between 5 June and 4 July 196’7, have been permitted to
return to the West Bank, under an Israel Government decision adopted
as a gesture of goodwill. Arrangements for the return of such persons
are being made through the good offices of the International Red Cross.
Refugees
A special agreement was reached with UNRWA for the continuation
of its activities, In addition, the Prime Minister of Israel has appointed
a team of experts who will be charged with drawing up proposals concerning
ways and means of rehabilitating the Arab refugees. The team comprises
experts in the fields of economics, agriculture, irrigation, industry, crafty,
commerce, development, social problems, demography and related areas.
ANNEX VII Aide-memoire submitted to the Special Representative
by the Israel authorities entitled "Foundations of
Israel's economic policy in the areas under its control"
Ever since the termination of hostilities, the Government of Israel has
striven to restore normal social and economic conditions in the areas under Israel
control. Vital services had to be revived immediately to ensure an uninterrupted
supply of food for the civilian population as well as for the large number of
refugees in the West Bank and the Gaza Strip. Refugee needs .were subject
of an agreement signed by the Government of Israel with,UNRWA enabling the agency
to continue its activities in these areas as heretofore, Permission was also
granted to voluntary relief organisations previously active there to resume
their assistance to the needy.
During the five weeks of Israeli administration, the following basic steps
have been taken:
1, All municipalities and local councils are operating again and such local
services as electricity, water, sanitation, and police have been re-established.
2. Medical and health services are functioning satisfactorily,
3* Post offices have been reopened in the main towns, and municipal
telephone networks repaired,
4. Following the return of private vehicles to their owners, public
transport is being reorganized - vehicles are being tested, licensed and insured
for third party damages.
5* Banks have been opened to serve the public in the main towns of the West
Bank and the Gaza Strip.
A. FINANCE AND CURREIK!Y
The legal tender in these areas remains as it was before hostilities
(Jordanian Dinar, Egyptian and Syrian Pound).
Regulations have been issued to bar trading in all other currencies.
Implementation of this policy met with some difficulties owing to the very low
liquidity of the local banks, which in general hardly reached 10 per cent,
/
9 . .
Banks were> therefore, unable to reopen their doors to the public, and this meant d much hardship to depositers, who were unable to draw on their savings. The scarcity of means Of payment in circulation greatly hindered economic activity
in the first days, B, PRICE POLICY The Policy Of the Government of Israel is to maintain as far as possible the
level of prices in all the areas under control, with the exception of those of fuel, cigarettes and alcoholic drinks, in respect of which equalization with prices prevailing in Israel will have to be ensured, to prevent smuggling, -
C. AGRICULTURR All necessary steps have been taken to renew the rural pursuits which
constitute the mainstay of the economies of the,controlled areas, Representatives of the Israel Ministry of Agriculture, together with local elements, have already organized methods of supply and marketing of produce and primary materials through a central organization, All agricultural vehicles and equipment have been restored.
Wells have resumed pumping and the necessary fuel is being supplied. With the assistance of employees of Israel farmer organieations, fruit orchards and
Government farms are again under cultivation. The local farmers have gone back
to work their fields and plantations and to deliver the produce. Abandoned
groves are being cared for again, D. SUPPLY AND TRADE the guiding lines of this sphere are aimed at guaranteeing the incomes of wholesalers and retailers. To that end, Israelis have been forbidden to trade directly with the inhabitants of the areas under control Or to open branches Of
Israel firms or other businesses there. Land and property deals are prohibited. A central supply company has been ordered to supply the needs of wholesalers on their application - payments to be effected for the goods in local currency (Dinars or Egyptian and Syrian Pounds). Israeli Pounds may also be used. / . ,a T
-88-
E. THE BALANCE OF TRADE
It should be noted that, prior to the hostilities, the West Bank economy
suffered from a negative balance, of trade, covered mainly by tourism, transfers
of private funds and foreign aid. The maintenance of that economy at its
pre-war level, and the upkeep of services at previous standards, will require
an estimated import of capital totalling about 50 million US dollars a year.
The Gaza Strip*s foreign trade deficit amounted to 14.8 million US dollars,
(24.7 million US dollar worth of imports and 9.9 million US dollars worth of
exports).
F. TOURISM A brisk tourist trade existed previously in the West Bank only, All efforts
are being made to restore fully this trade. It has been decided to open the
tourist hotels and to resume organized tourism-in the Jerusalem region, the West
Bank and the Holy Places, and also in the city of Gaza and the regions of Banias
and El-Hamma. Two bus companies have been allowed to conduct organized tours
and permission has been granted for authorized bodies to engage in transporting
tourists to the various areas. Courses have been organized by the Ministry of
Tourism, for 200 guides resident in the West Bank, to bring their knowledge
up-to-date and to license them as guides, As from 19 July, all the areas are
open to organized tourism from Israel and abroad.
G. GOVERNMSNT-INITIATED WORKS TO SPUR ECONOMIC ACTIVITIES
1. Israel authorities have begun paying the salaries of all former civil
servants, including teachers who have come back to their jobs.
2, Means of payment have been allocated to UNRWA and CARE to pay the
salaries of their employees, who are numbered in the thousands.
3. Loans have been granted to municipalities to enable them to pay salaries
and current expenses. These are equal in amount to their monthly budgets.
4. Banks have been instructed to convert into local currency all foreign
currency remittances addressed to local inhabitants.
5. Tourists and Israeli troops are allowed to exchange Israel Pounds for
local currency to enable them to make purchases in controlled areas.
/ .a.
-
6. The Government of Israel has decided to make provision for underwriting
some of the banks to encourage them to grant loans for capital flow to industry,
trade and agriculture.
7* Instructions have been issued to complete public works and construction
begun before 5 June, utilizing local manpower and equipment.
8, Arrangements have been made for the continuation of social assistance
payments to those who had been on relief before the hostilities.
9s Full assistance and encouragement are being given to all relief
activities of such international bodies as UNRWA, CARE and the Red Cross.
In co-operation with the Ministry of Labour, Israel authorities have drawn
up plans for the immediate employment,.of the chronically unemployed. They will
be engaged primarily in public works; such as road laying and repairing, clearing
debris, upkeep and completion of -public buildings, and afforestation. In the
first stage the Israel authorities will provide eplployment for 6,000 in the
Gaza Strip. These will be supporters of families, In,the meantime, teams of
experts are examining plans for medium-term employment.
It may be said here, that, despite the acute problems arising from the war,
life is being quickly brought back to normal, and that the local inhabitants,
by and large, are co-operating with the Israel authorities in reactivating the
economy. Although short-term implementation is as yet incomplete, attention is
already being given to medium- andlong-range economic-planning designed to ensure
productive employment which will allow thousands of refugees and other needy
persons to earn a sufficient and honourable living.
Aide+nemoire submitted to the Special
Kenresentative by the Israel authoritisg
on the si.tiiation in the Gasa Strip’ and
Northern Sinai,
Administration
The area is divided into three administr&ive -.-,d._is~ t.r icts headed by
Military Governors (Gaza, Rafa,&han Younis, El A&h). The local administration has been reinstated throughout the area. Thjs consists both of a central area admini&ation divided into ten departments and municipal and
local councils.
Elected mayors and village chiefs (mukhtars), as well as
municipal and rural officials, including those appointed by the Egyptian admi-
nistratioq are continuing in office, except for some senior Egyptian officials
and a few local officials who had to be replaced for reasons of securi@. Sirlaries for all local Government officials are unchanged and are being paid by the Israel
Treasury. Local government administrations are being granted loans in order to enable them to discharge their liabilities, until new budgetary proposals will
have been drawn up and the collection of local rates reactivated. Local administration is functioning smoothly and satisfactorily, and it
is not intended at present to introduce any changes in its structure.
Services
Essential services - electricity and street lighting, water supply, garbage
collectioa, bus service (local and inter-urban), taxi service, local Police
(partly armed) - are functioning normally, having been progressively
reactivated since the first week after Israel assumed control of the area.
Eleven police stations are in operation. Postal facilities are being resumed.
The railway line in the Strip has been linked up with’the Israel network, and
its capacity is sufficient to cope with any foreseeable traffic requirements.
Freedom. of movement
The hours of curfew prevailing in the area have been steadily
shortened. They extend at present from 9 pm to 4 am. The population enjoys
free movement throughout the Gana Strip. ti from 16 July, a system of permit8
is in operation, enabling permit holders to visit the West Bank. It is intended.
ID extend this system in the near future.
Hoallh
Hospitals are functioning normally. The Israel Ministry of Health has
delegated a senior medical officer,%0 ‘establish liaison with local health administrations
and public hospitals, The necessary medical supplies are being made
available from Israeli sources. There is no shortage of medical staff, and the
number of hospital beds available is amply sufficient.
Legal status
All laws and ordinances in force in the area at the moment the Israel
forces assumed control remain valid, except where changed by military ordi+
nances, proclaimed by the Military Governor. At present there are thirty-one
such ordinances, dealing mainly with security matters and economic problems;
Administration of Justice
All local Courts are functioning. Magistrates who’were officiating under
the Egyptian administration have taken up their posts and are holding court
normally., All lawyers admitted to the Bar under the Egyptian administration
are practising, and the basic rights of the accused are protected.
Legal Tender’
On 19 July, the official rate of exchange of the Egyptian pound was
fixed at six Israeli pounds, to one Egypti an. This replaces the previous rate
of three to one. This modification in the rate of exchange will enable the
population to double its purchasing capacity. It is to be observed that real
value of one Egyptian pound is TJS$ 1.20.
Fin ante and Ba&ing
Local banks had to be closed for lack of ‘available funds, all local
banks are branch - banks with headquarters in Egypt, and their liquidity,
was about ten per cent. An Israel bank has opened a branch in Gaza and is
offering normal banking facilities to local residents and institutions. Other
Israel banks are scheduled to open branches in the area in the future.
Arrangements are being worked out for the resumption of capital
transfers from abroad to l&al inhabitants.
Commerce
Most shops are open and functioning. Basic necessities such as foodstuffs
and petrol are supplied to local outlets by the Israel authorities. Fruit, vegetables
and meat are supplied to the market from local sources, and so far the supply is
plentiful. Preparations for the resumption of normal commercial contacts with
foreign markets are under way. As soon as commercial channels with Israel are
established, the Government will withdrow from the,local market.
Employment
A labour exchange bureau was opened on 16 July in the Gaza Strip. An
interim programme for the immediate employment of 15.000 workers has been
launched. During the first stage, workers will be employed on public works and
the revetment of Wadi Gaza and the seashore, Fishermen have been allowed to start
going out to sea again. The Israel Treasury is prepared to invest about one
million Israel pounds in ensuring employment for inhabitants of the Gaza Strip.
Education
Preparations are under way for the re-opening of schools after the summer
holidays. The Israel Ministry of Education and Culture, in co-operation with the
local Administration and with the aid of the Military Government, is beginning to
repair buildings and equipment which were damaged during combat.
Welfare
The .Israel Ministry of Welfare, in co-operation with the ‘Care* organization
has reestablished an assistance programme for 76,000 needy non-refugees, It has
been agreed to extend this programme to include another 10.000 needy persons in
the El Arish area, and there are plans eventually to bring it up to’s ceiling of
120.000 beneficiaries.
An adequate amount in the welfare budget allocation has been set aside as a
Government contribution to the lo@ orphanage.
In addition to the welfare offices functioning in Gaza, offices are being
set up in Dir-el-Balab and Khan Younis. All three offices are handling
applications for cash grants to needy,families. These grants ar’e in addition
to ‘Care* or UNRWA rations.
Other welfare organizations have sent study missions to the area and
are now working out programmes in various fields. In contacts with representatives
of these organizations, Israel authorities have stressed the need for aid
programmes of a constructive character, enabling a growing number of refugees
to be provided with productive work.
Agriculture
The agricultural services are functioning normally. The following projeots
deserve special mention:
El Arish Development Scheme. This scheme, projected by Egyptian
Administration, affects 10,000 dunams of various plantations. An effort is
being made to develop the irrigation system by improving existing and drilling
new artesian wells.
Bar Dawile. This lake, situated twenty kilometres to the west of El Arish,
is now being surveyed with a view to establishing its fishing potential. A research
vessel is operating in its waters and experts from the Israel Fishing Service are
conducting a research programme.
A study project on the salinity of underground wells and a soil conservation
project in the Wadi Gaza area have been initiated. Preparations are under way
to make the necessary arrangements for the marketing of the coming citrus harvest. ,
Small loans as well as supplies of insecticides and fertilizer are being
made available to owners of orange groves.
Crop Spraying, The local company has been revived and provided with
the necessary insecticides and equipment..
Veterinary Services.
The veterinary services have been strengthened by the addition of two
veterinarians.
-g4-
UNRWA
UNRWA food distribution and health services are back to normal.
Food distribution was resumed three days after the end of hostilities.
UBRWA education services are expected to continue normally when the
new school year opens.
Aide-memoire submitted to the Special
Representative by the Israel authorities
on the situation in the Gaza Strip
TRE GAZA STRIP
Employment
Unemployment registration has begun in: the Gaza Strip. The number
Of unemployed is estimated at 1.5.000 with some 10.000 in Gaza proper, The
Israel authorities report that they will try to place some df them in their
previous jobs in, various Government offices,
Welfare
Two welfare bureaus were opened in Khan Yunis and Rafah with local
personnel. Welfare recipients will be paid on the same scale as before.
Arrangements are also being made to reopen the Gaza Orphanage in time for
the new school year in September.
Food Supplg
Flour and sugar are being provided to Gaza through the centralized
marketing agency, thus helping to stabilize prices.
Facilities to stimulate economic life
Residents of the Gaza Strip will be able to go abroad, after
receiving an appropriate visa from the authorities. They will thus be able
to settle their financial affairs abroad and arrange for future transfers. This is expected,to stimulate the economic life of the city.
r
MAP I
ITINERARY OF THE MISSION
OF THE SPECIAL REPRESENTATIVE
(II July - I September
--I By air
SYRIA
! . . . . . ..#I....... II By car
---
./ /.;‘t\\ iJ ‘b DAMASCUS
JORDAN
UNITED ARAB REPUBLIC
0 50 100 160
MlLES
0 50 100 150
c
KILOMETRES
Th, houndc,,,e, ,h.um DR this map a,. not, In roma In~fasc~t,
2a” - /fndlv detemi4ned and thalr npwducrlon doer no1 ImPb
off,&,, ,~do,,amm, or iuceptance bu the llnttrd Natimw.
I I
30’ 32’
MA? NO, 1757 UNITED NATIONS
SEPTEMBER 1967
MAP II
36’
PLACES VISITED BY
THE SPECIAL REPRESENTATIVE
(II July - I September 1967)
Q Places visited
* Places viewed through field glasses
Custom’s House Positlan - 3.
MEDITERRANEAN
Wadi Dhleel
MAP NO. 1755 UNITED NATIONS
SEPTEMBER 1987
ES-7/l. Credentials of representatives to the seventh emergency special session Of
the General Assembly
The General Assembly
Approves the second report of the Credentials Committee. J/
21st plenary meeting
28 April 1982
ES-7/4. Question of Palestine
The General Assembly,
Havinq considered the question of Palestine at its resumed seventh emergency
.special session,
Noting with regret and concern that the Security Council, at its 2348th
meeting, on 2 April 1982, and at its 2357th meeting, on 20 April 1982, failed to
take a decision as a result of the negative*votes of the United States of America,
Having heard the statement by the Head of the Political Department of the
Palestine Liberation Organisation, the representative of the Palestinian people, 4/
Convinced that the worsening situation in the Middle East and the failure,to
find a solution to this question pose a grave threat to international peace and
security,
Deploring the repressive measures taken by the Israeli authorities in the
illegally occupied Palestinian Arab territories, including Jerusalem,
Recalling the relevant United Nations resolutions pertaining to the status and
unique character of the Holy City of Jerusalem , in particular Security Council
resolutions 465 (1980) of 1March 1980, 476 (1980) of 30 June 1980 and 478 (1980)
of 20 August 1980,
Affirmins once more that the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, ,5/ is applicable to all
territories occupied by Israel since 1967, including Jerusalem,
21 For resolution ES-7/l A, see A/ES-7/14, sect. II.
Y A/ES-7/13/Fdd.l.
41 A/ES-7/PV.12, p. 16.
s/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
-4-
Noting with reqret that, owing to the negative vote of one of its permanent
members, the Security Council has, so far, failed to take a decision on the
recommendations of the Committee on the Exercise of the Inalienable Rights of the
Palestinian People endorsed by the General Assembly in its resolutions 31/20 of
24 November 1976, 32/40 A of 2 December 1977, 33/2-8 A of 7 December 1978, 34/65 A
of 29 November 1979, 35/169 A of 15 December 1980 and 36/120 D of 10 December 1981,
1. Reaffirms its resolutions ES-7/2 of 29 July 1980 and 3236 (XXIX) and
3237 (XXIX) of 22 November 1974 and all.other relevant United Nations resolutions
pertinent to the question of Palestine;
2. Reaffirms the fundamental principle of the inadmissibility of the
acquisition of territory by force;
3. Reaffi&s that all the provisions of the Hague Conventions of 1907 s/ and
the Geneva Convention relative to the Protection of Civilian Persons in Time of
'War, of 12 August 1949, apply to all territories occupied by Israel since 1967,
including Jerusalem, and calls upon all parties to these instruments to respect and
ensure respect of their obligations in all circumstances;
4. Demands that Israel should comply with the provisions of Security Council
resolution 465 (1980) 1
5. Further demands that Israel should comply with all United Nations
resolutions relevant to the status and unique character of the Holy City of
Jerusalem, in particular with Security Council resolutions 476 (1980) and
47.8 (1980);
6. Expresses its rejection of all policies and plans aiming at the
resettlement of the Palestinians outside their homeland;
7. Condemns Israel, the occupying Power, for its:
(a) Failure to fulfil its obligations under the provisions of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War;
(h) Disbanding of the elected municipal council of El-Bireh;
(2) Dismissal of the elected mayors of Ramallah and Nablus;
(fi) Violation of the sanctity of the Holy Places, particularly of Al-Haram
Al-Shareef, in Jerusalem;
(E) Shooting and killing and wounding of worshippers in the precincts of
Al-Haram Al-Shareef by members of the Israeli army on 11 April 19823
(f) Repressive measures, including shooting at the unarmed civilian
population in the occupied Palestinian territory and in the occupied Syrian Golan
Heights, resulting in death and injury1
21 Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
-5-
(3) Attacks against and interference with the functions of various civic and
religious institutions in the occupied Palestinian territory, including Jerusalem,
in Particular educational institutions;
8. Condemn6 all policies which frustrate the exercise of the inalienable
right6 of the Palestinian people, in particular providing Israel with military,
economic and political assistance and the misuse of the veto by a permanent member
Of the Security Council, thus enabling Israel to continue its aggression,
Occupation and unwillingness to carry out its obligations under the Charter and the
relevant resolutions of the United Nations;
9. Urges all Governments which have not yet done so:
(=) To recognize the inalienable rights of the Palestinian people;
(k) To renounce the policy of providing Israel with military, economic and
political assistance , thus discouraging Israel from continuing its aggression,
occupation and disregard of its obligations under the Charter and the relevant
resolutions of the United Nations;
(2) To act accordingly in all the organs of the United Nations;
10. Conderms the policies which encourage the flow of human resource6 to
Israel, enabling it to implement and to proceed with its colonization,and
settlement policies in the occupied Arab territoriest
11. Declares once aqain 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 19491
12. Calls again upon Israel, the occupying Power, to observe and apply
scrupulously the provisions of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War and the principles of international law governing
#military occupation in all the occupied Palestinian and other Arab territories,
including Jerusalem)
13. Demand6 that Lsrael, the occupying Power, should permit entry into the
occupied territories of the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Population of the Occupied Territories and of the
Commission established by Security Council resolution 446 (1979), in order to
facilitate the fulfilment of the mandates entrusted to them by the General Assembly
and by the Council, respectively;
14. Urges the Security Council to recognize the inalienable right6 of the
Palestinian people as defined in General Assembly resolution ES-7/2 and to endorse
the recommendations of the Committee on the Exercise of the Inalienable Rights of
the Palestinian People, as endorsed by the Assembly in its resolution 3l/20 and in
subsequent resolutions;
15 . Calls upon the Secretary-General, in concurrence with the Security
Council and in consultation as appropriate with the Committee on the Exercise of
the Inalienable Rights of the Palestinian people, to initiate contacts with all
-6-
- ----- ---- - _______ ~ -..---- __ _____.. “= ___- __.c_ ___.. -~.-~.---.-
present resolution and to report thereon at appropriate*intervals to Member States
as well as to the Security, Council and to submit a compreheneive report to the
General Assembly at its thirty-seventh session under the item entitled *Question Of
Palestine”;
17. Decides to adjourn the seventh emergency special session temporarily and
to authorize the President of the latest regular session of the General Assembly to
resume its meetings upon request from Member States.
20th plenary meeting
28 April 1982
ES-7/5. pestion of Palestine
The General Assembly,
Having considered the question of Palestine at its resumed seventh emetge=Y
special session,
Having heard the statement of the Palestine Liberation qrganieationp the
representative of the Palestinian people, 1/
*
Alarmed by the worsening situation in ‘the Middle East resulting from Israel’s
acts of aggression against the sovereignty of Lebanon and the Palestinian people in
Lebanon,
Recalling Security Council resolutions 508 (1982) of 5 June 1982, 509 (1982)
of 6 June 1982 and 512 (1982) of 19 June 1982,
Takinq note of the reports of the Secretary-general relevant to this
situation, particularly his report of 7 June 1982, i/
Taking note of the two positive replies to the Secretary-General by the
government of Lebanon 2/ and the Palestine Liberation Organization, g/
,
I
L/ A/ES-7/PV.22, p. 6.
a/ s/15178.
21 Ibid., para. 3;
g/ Ibid . , para. 4.
- ----- ---- - _______ ~ -..---- __ _____.. “= ___- __.c_ ___.. -~.-~.---.-
present resolution and to report thereon at appropriate*intervals to Member States
as well as to the Security, Council and to submit a compreheneive report to the
General Assembly at its thirty-seventh session under the item entitled *Question Of
Palestine”;
17. Decides to adjourn the seventh emergency special session temporarily and
to authorize the President of the latest regular session of the General Assembly to
resume its meetings upon request from Member States.
20th plenary meeting
28 April 1982
ES-7/5. pestion of Palestine
The General Assembly,
Having considered the question of Palestine at its resumed seventh emetge=Y
special session,
Having heard the statement of the Palestine Liberation qrganieationp the
representative of the Palestinian people, 1/
*
Alarmed by the worsening situation in ‘the Middle East resulting from Israel’s
acts of aggression against the sovereignty of Lebanon and the Palestinian people in
Lebanon,
Recalling Security Council resolutions 508 (1982) of 5 June 1982, 509 (1982)
of 6 June 1982 and 512 (1982) of 19 June 1982,
Takinq note of the reports of the Secretary-general relevant to this
situation, particularly his report of 7 June 1982, i/
Taking note of the two positive replies to the Secretary-General by the
government of Lebanon 2/ and the Palestine Liberation Organization, g/
,
I
L/ A/ES-7/PV.22, p. 6.
a/ s/15178.
21 Ibid., para. 3;
g/ Ibid . , para. 4.
Notinq with regret that the Security Council has, so far, failed to take
effective and practical measures, in accordance with the Charter of the United
Nations, to ensure implementation of its resolutions 508 (1982) and 509 (1982),
Referrinq to the hmanitarian principles of the Geneva Convention relative to
the Protection of Civilian Persons in Time of war, of 12 August 1949, 11/ and to
the obligations arising from the regulations annexed to the Hague Conventions of
1907, l2/
/
Deeply concerned at the sufferings of the Palestinian and Lebanese civilian
populations,
Reaffirminq once again its conviction that the question of.Palestine is the
core of the Arab-Israeli conflict and that no comprehensive, just and lasting peace
in the region will be achieved without the full exercise by the Palestinian people
of its inalienable national rights,,
Reaffirming further that a just and comprehensive settlement of the situation
in the Middle East cannot be achieved without the participation on an equal footing
of all the parties to the conflict, including the Palestine Liberation Organization
as the representative of the Palestinian people,
1, Reaffirms the fundamental principle of the inadmissibility of the
acquisition of territory by force;
2. Demands that all Member States and other parties observe strict respect
for Lebanon's sovereignty, territorial integrity, unity and political independence
within its internationally recognised boundaries1
3. Decides to support fully the provisions of Security Council resolutions
508 (1982) and 509 (1982) in which the Council, inter alia, demanded that%
(2) Israel withdraw all.its military forces forthwith and unconditionally to
the internationally recognized boundaries of Lebanonr
(k) All parties to the conflict cease immediately and simultaneously all
military activities within Lebanon and across the Lebanese-Israeli border;
4. Condefms Israel for its non-compliance with resolutions 508 (1982) and
509 (1982);
5. Demands that Israel comply with all the above provisions no later than
0600 hours (Beirut time) on Sunday, 27 June 1982;
6. Calls upon the Security Council to authorize the Secretary-General to
undertake necessary endeavours and practical. steps to implement the provisions of
resolutions 508 (1982, 509 (1982) and 512 (1982)l
11/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
12/ Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915). -8-
7. Urges the Security Council, in the event of continued failure by Israel
to comply with the demands contained in resolution5 508 (1982) and 509 (1982) ,’ to
meet in order to consider practical ways and means in accordance with the Charter
of the United Nations;
8. Calls upon all State5 and international agencies and organizations to
continue to provide the most extensive humanitarian aid possible to the victim5 of
the Israeli invasion of Lebanon1
9. Requests the Secretary-General to delegate a high-level commission to
investigate and asses5 the extent of loss of human life and material Uamage and to
report, as soon as possible, on the result of this investigation to the General
Assembly and the Security Council;
10. Decides to adjourn the seventh emergency special session temporarily and
to authorize the President of the latest regular session of the General Assembly to
resume its meetings upon request from Member States.
24th plenary meetiq
26 June 1982
Es-7/6. Question of Palestine
The General Assembly,
Having considered the question of Palestine at its resumed seventh emergency
special session,
Having heard the statement of the Palestine Liberation drganisation, the
representative of the Palestinian people, 1’3/
Guided by the purposes and principles of the United Nations, in particular the
respect for the principle of equal rights and self-determination of peoples,
Aware of the functions of the Security Council during its meetings relevant to
the s=ion in the Middle East, in particular since 4 June 1982,
&pressing its deep regret that the Security Council has, so far, failed t0
take effective and practical measures in accordance with the Charter of the United
Nations to ensure implementation of its resolutions 508 (1982) of 5 June 1982 and
509 (1982) of 6 June 1982,
-9-
Alarmed that the situation in the Middle East has further worsened as a result,
of Israel’s acts of aggression against the sovereignty of Lebanon and the
Palestinian people in Lebanon,
Guided further by the purposes and principle5 of the United Nations, in
particular to take effective collective measure5 for the prevention and rermvalof
threats to the peace and for the suppreeion of acts of aggression,
l3/ A/HE+7/PV. 25, p. 7.
7. Urges the Security Council, in the event of continued failure by Israel
to comply with the demands contained in resolution5 508 (1982) and 509 (1982) ,’ to
meet in order to consider practical ways and means in accordance with the Charter
of the United Nations;
8. Calls upon all State5 and international agencies and organizations to
continue to provide the most extensive humanitarian aid possible to the victim5 of
the Israeli invasion of Lebanon1
9. Requests the Secretary-General to delegate a high-level commission to
investigate and asses5 the extent of loss of human life and material Uamage and to
report, as soon as possible, on the result of this investigation to the General
Assembly and the Security Council;
10. Decides to adjourn the seventh emergency special session temporarily and
to authorize the President of the latest regular session of the General Assembly to
resume its meetings upon request from Member States.
24th plenary meetiq
26 June 1982
Es-7/6. Question of Palestine
The General Assembly,
Having considered the question of Palestine at its resumed seventh emergency
special session,
Having heard the statement of the Palestine Liberation drganisation, the
representative of the Palestinian people, 1’3/
Guided by the purposes and principles of the United Nations, in particular the
respect for the principle of equal rights and self-determination of peoples,
Aware of the functions of the Security Council during its meetings relevant to
the s=ion in the Middle East, in particular since 4 June 1982,
&pressing its deep regret that the Security Council has, so far, failed t0
take effective and practical measures in accordance with the Charter of the United
Nations to ensure implementation of its resolutions 508 (1982) of 5 June 1982 and
509 (1982) of 6 June 1982,
-9-
Alarmed that the situation in the Middle East has further worsened as a result,
of Israel’s acts of aggression against the sovereignty of Lebanon and the
Palestinian people in Lebanon,
Guided further by the purposes and principle5 of the United Nations, in
particular to take effective collective measure5 for the prevention and rermvalof
threats to the peace and for the suppreeion of acts of aggression,
l3/ A/HE+7/PV. 25, p. 7.
Mindful of the humanitarian principles and provisions of the Geneva
’ Conventions of 1949 14/ and Additional Protocol I thereto 15/ and the obligations
arising from the regxations annexed to the Hague Conventizs of 1907, g/
Reaffirming its conviction that the question of Palestine is the core of the
Arab-Israeli conflict and that no comprehensive, just and lasting peace in the
region will be achieved without the full exercise by the Palestinian people of its
inalienable rights in Palestine,
Reaffirming once again that a just and comprehensive settlement of the
situation in the Middle East cannot be achieved without the participation on an
equal footing of all the parties to the ,conflict, including the Palestine
Liberation Organization as the representative of the Palestinian people,
Expressing its indignation at the continuation and intensification’ of military
activities by Israel within Lebanon, particularly in and around Beirut,
Recallinq all its resolutions relevant to the question of Palestine,
Recalling Security Council resolutions 508 (1982) of 5 June 1982, 509 (1982)
of 6 June 1982, 511 (1982) of 18 June 1982, 512 (1982) of 19 June 1982, 513 (1982)
of 4 July 1982, 515 (1982) of 29 July 1982, 516 (1982) of 1 August 1982, 517 (1982)
of 4 August 1982 and 518 (1982) of 12 August 1982,
1. Reiterates its affirmation of the fundamental principle of the
inadmissibility of the acquisition of territory by force1
2. Calls for the free exercise in Palestine of the inalienable rights of the
PalestiniaGple to self-determination without external interference and to
national independence;
3. Reaffirms i ta rejection of all policies and plans aiming at the
resettlement of the Palestinians outside their homeland,
4. Demands that Israel respect and carry out the provisions of the previous
resolutions of the General Assembly relating to the occupied Palestinian and other
Arab territories, including Jerusalem, as well as the provisions of Security
Council resolution 465 (1980) of 1 March 1980, in which the Council, inter aliar
(~1 Determined that all measures taken by Israel to change the physical
character, demographic composition, institutional structure or status of the
Palestinian and other Arab territories occupied since 1967, including Jerusalem, or
any part thereof had no legal validity and that Israel’s policy and practices of
settling parts of its population and new immigrants in those territories
g/ United Nations, Treaty Series, vol. 75, Nos. 970-973.
l.S/ A/32/144, annex 1.
g/ Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
-lOconstituted
a flagrant Violation of the Geneva Convention relative to the
Protection of Civilian p ersons in Time of War, of 12 August 1949, c/ and also
constituted a serious obstruction to a&ieving a comprehensive, just and lasting
peace in,the Middle estt
(5) Strongly deplored the continuation and persistence of Israel in pursuing
those policies and Practices and called upon the Government and people of Israel to
rescind those measures, to dismantle the existing settlements and in particular to
cease, On an urgent basis, the establishment, construction and planning of
sett1ements in the Arab territories occupied since 1967, including Jerusalem)
5. Demands al80 that Israel carry out the provisions of Security Council
r=solutions 509 (19821, 511 (X382), 512 (1982), 513 (1982), 515 (1982), 516 (198%
517 (1982) and 518 (1g82)t
6. -&Z,! the Secretary-General, with the concurrence of the Security Council
and the Government of Lebanon and pending the withdrawal of Israel from Lebanon, t0
undertake effective measures to guarantee the safety and security of the
Palestinian and Lebanese civilian population in South Labanon)
7. &amns Israel for its nomampliance with resolutioirs of the Security
Council, in defiance of Article 25 of the Charter of the Uhited Nations;
8. Urges once again the Security Council, in the event of continued failure
by Israel to comply with the demnds contained in its resolutions 465 (1980) I
508 (19821, 509 (1982), 515 (1982) and 518 (1982) , to meet in order to consider
practical ways and means in accordance with the relevant provisions of the Charter;
9. RegUeStS once again the Secretary-anera to delegate a high-level
commission to investigate and make an up-to-date assessment of the extent of loss
of human life and material damage and to report , as soon as possible, on the result
of this investigation to the General Assembly and the 8ecurity Council)
10. Requests the Secretary-&neral and organizations of the United Nations
system, in co-operation with the International Committee of the Wd Cross and other
non-governmental organizations, to investigate the etrict application by Israel of
the provisions of the Geneva Conventions of 1949 and other instruments in the case
of those detained;
Il. Calls once again upon the Secretary-Qneral to initiate contacts with all
the parties to the +rafrIsraeli conflict ,in the Middle East, includtng the _
Palestine Ciberation Organization, the representative of the Palestinian people,.
with a view to convening an international conference, under the auspices of the
United Nations, tc, find concrete ways and means of achieving a comprehensive, just ,
and lasting solution, conducive to peace in conformity with the principles of the
Charter and relevant resolutions;. .
l.J/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
-ll12.
Decides to adjourn the seventh emergency special session temporarily and
to authorize the President of the latest regular session of the General Assembly to
resume its meetings upon request from Member States.
31st plenary meeting
19 August 1982
RS-7/7. International Conference on the Question of Palestine
The General Assembly,
Racallinq its resolution 36/120 C of 10 December 1981, by which it decided to
convene an International Conference on the Question of Palestine, not later than
1984, for a comprehensive effort to seek effective ways and means to enable the
Palestinian people to attain and exercise its rights,
Deeply alarmed at the explosive situation in the Middle East resulting from
the Israeli aggression against the sovereign State of Lebanon and the Palestinian
people, which poses a threat to international peace and security,
Deeply aware of the ‘responsibility of the United Nations under its Charter for
the maintenance of international peace,
Gravely concerned that no just solution to the problem of Palestine has been
achieved and that this problem therefore continues to aggravate the Middle East
Conflict, of which it is the core, and to endanger international peace and security,
Taking note‘of the final communiqu& of the Extraordinary Ministerial Meeting
Of the Co-ordinating Bureau of the Non-Aligned Countries on the Question of
Palestine, held at Nicosia from 15 to 17 July 1982, g/
Recognizinq the need to intensify all efforts by the international community
to enable the Palestinian people to attain and exercise its inalienable rights as
defined and reaffirmed in United Nations resolutions,
Stressinq the importance of the work of the Preparatory Committee for the
International Conference on the Question of Palestine and the need for securing the
broadest possible involvement of Member States in the preparatory processes leading
up to the Conference, and in the Conference itself,
1. Decides to convene the International Conference on the Question of
Palestine at the headquarters of the United Nations Educational, Scientific and
Cultural Organization, in Paris, from 16 to 27 August 1983;
2. Requests the Secretary-General to ensure that adequate resources from the
regular budget of the United Nations are provided urgently in order to enable the
successful holding of the Conference and to carry out the necessary preparations
for and follow-up activities to the Conference;
g/ A/37/366-S/15727, annex.
-12-
a
12. Decides to adjourn the seventh emergency special session temporarily and
to authorize the President of the latest regular session of the General Assembly to
resume its meetings upon request from Member States.
31st plenary meeting
19 August 1982
RS-7/7. International Conference on the Question of Palestine
The General Assembly,
Racallinq its resolution 36/120 C of 10 December 1981, by which it decided to
convene an International Conference on the Question of Palestine, not later than
1984, for a comprehensive effort to seek effective ways and means to enable the
Palestinian people to attain and exercise its rights,
Deeply alarmed at the explosive situation in the Middle East resulting from
the Israeli aggression against the sovereign State of Lebanon and the Palestinian
people, which poses a threat to international peace and security,
Deeply aware of the ‘responsibility of the United Nations under its Charter for
the maintenance of international peace,
Gravely concerned that no just solution to the problem of Palestine has been
achieved and that this problem therefore continues to aggravate the Middle East
Conflict, of which it is the core, and to endanger international peace and security,
Taking note‘of the final communiqu& of the Extraordinary Ministerial Meeting
Of the Co-ordinating Bureau of the Non-Aligned Countries on the Question of
Palestine, held at Nicosia from 15 to 17 July 1982, g/
Recognizinq the need to intensify all efforts by the international community
to enable the Palestinian people to attain and exercise its inalienable rights as
defined and reaffirmed in United Nations resolutions,
Stressinq the importance of the work of the Preparatory Committee for the
International Conference on the Question of Palestine and the need for securing the
broadest possible involvement of Member States in the preparatory processes leading
up to the Conference, and in the Conference itself,
1. Decides to convene the International Conference on the Question of
Palestine at the headquarters of the United Nations Educational, Scientific and
Cultural Organization, in Paris, from 16 to 27 August 1983;
2. Requests the Secretary-General to ensure that adequate resources from the
regular budget of the United Nations are provided urgently in order to enable the
successful holding of the Conference and to carry out the necessary preparations
for and follow-up activities to the Conference;
g/ A/37/366-S/15727, annex.
-12-
a
3. Call8 upon all States to co-operate with the Preparatory Committee for
the International Conference on the Question of Palestine in the implementation of
the present resolution and invites them to establish national focal points for
effective co-ordination of preparations at the national level.
E-7/8. International Day.of Innocent Children Victims of Aggression
The General Assembly,
Having considered the question of Palestine at its resumed seventh emergency
special session,
31st plenary meeting
19 August 1982
@Palled by the great number.of innocent Palestinian and Lebanese children
victims of Israel’s acts of aggression,
Decides to commemorate 4 June of each year as the International pay of
Innocent Children Victims of Aggression.
31st plenary meeting
19 August 1982
35-7/g. Ckestion of Palestine
The General Assembly, I
Having considered the question of Palestine at its resumed siventh emergemY
special session,
Having heard the statement of the Palestine Liberation Organization, the
representative of the Palestinian people, 19/
Recalling and reaffirming, in particular, its resolution 194 (III) of
11 December 1948,
Appalled at the massacre of Palestinian civilians in Beirut,
Recalling Security Council resolution’s 508 (1982) of 5 June 1982, 509 (1982)
of 6 June 1982, 513 (1982) of 4 July 1982, 520 (1982) of 17 September 1982 and
521 (1982) of 19 September 6982, ,
Taking note of the reports of the Secretary-enera relevant to the situation,
particularly his report of 18 September 1982, g/
l9/ See A/Es-7/PV. 32.
20/ s/15400.
-13-
3. Call8 upon all States to co-operate with the Preparatory Committee for
the International Conference on the Question of Palestine in the implementation of
the present resolution and invites them to establish national focal points for
effective co-ordination of preparations at the national level.
E-7/8. International Day.of Innocent Children Victims of Aggression
The General Assembly,
Having considered the question of Palestine at its resumed seventh emergency
special session,
31st plenary meeting
19 August 1982
@Palled by the great number.of innocent Palestinian and Lebanese children
victims of Israel’s acts of aggression,
Decides to commemorate 4 June of each year as the International pay of
Innocent Children Victims of Aggression.
31st plenary meeting
19 August 1982
35-7/g. Ckestion of Palestine
The General Assembly, I
Having considered the question of Palestine at its resumed siventh emergemY
special session,
Having heard the statement of the Palestine Liberation Organization, the
representative of the Palestinian people, 19/
Recalling and reaffirming, in particular, its resolution 194 (III) of
11 December 1948,
Appalled at the massacre of Palestinian civilians in Beirut,
Recalling Security Council resolution’s 508 (1982) of 5 June 1982, 509 (1982)
of 6 June 1982, 513 (1982) of 4 July 1982, 520 (1982) of 17 September 1982 and
521 (1982) of 19 September 6982, ,
Taking note of the reports of the Secretary-enera relevant to the situation,
particularly his report of 18 September 1982, g/
l9/ See A/Es-7/PV. 32.
20/ s/15400.
-13-
Noting with regret that the Security’ Council has so far not taken effective
and practical measures, in accordance with the Charter of the United Nations, to
ensure implementation of its resolutions 508 (1982) and 509 (1982).,
Referring to the humanitarian principles of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 194% w and ,tO
the obligations arising from the regulations annexed to the Hague Convention8
of 1907, 22/
Deeply concerned at the sufferings of the Palestinian and Lebanese civilian
populations,
Noting the homelessness of the Palestinian people,
Reaffirminq the imperative need to permit the Palestinian pwple tC, eXerCiSe
their legitimate rights,
1. Condemns the criminal massacre of Palestinian and other civilians in
Beirut on 17 September 19821
2. Urges the Security Council to investigate, through the means available to
it, the circumstances and extent of the mssacre of Palestinian and other civilians
in Beirut on 17 September 1982, and to make public the report on its findings as
soon as possible;
3. Decides to support fully the provision8 of Security Council resolutions
508 (1982) and 509 (1982), in which the Council, inter a’lia, demanded that;
(a) Israel withdraw all its military forces forthwith and unconditionally to
the internationally recognized boundaries of Isbanon)
(b)’ All parties to the conflict cease immediately and simultaneously all
military activities within Lebanon and across the Lebanese-Israeli border8
4. Remands that all Member States and other parties observe strict respect
for the sovereignty, territorial integrity, unity and political independence of
Lebanon within its internationally recognized boundaries;
5. Reaffirms the fundamental principle of the inadmissibility of the
acquisition of territory by force;
6. Resolves that, in conformity with its resolution 194 (III) and subsequent
relevant resolutions, the Palestinian refugees should be enabled to return to their
hcxnes and property from which they have been uprooted and displaced, .and demands
that Israel comply unconditionally and immediately with the present resolution;
z/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
2J/ Carnegie Endowment for International Peace, The I&qua Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
-140
7. Uraee the Security Council, in the event of continued failure by Israel
to conaply with the demands contained in resolutions 508 (1982) and 509 (1982) and
the present resolution, to meet in order to consider practical ways and means in
accbrdance with the Charter of the United Nationsl
8. Calls upon all States and international agencies and organizations to
continue to provide the most extensive humanitarian aid possible to the victims of
the Israeli invasion of Lebanon1
9. Requests the Secretary-General to prepare a photographic exhibit of the
massacre of 17 September 1982 and to display it in the United Nations visitors’
hallt
10. I’hcides to adjourn the seventh emergency special session temporarily and
to author&e the President of the latest regular session of the General Assembly to
resume its nmetings upon request from Member States.
32nd plenary meeting
24 September 1982
-15-
UNITED NATIONS
GENERAL SECURITY
ASSEMBLY COUNCIL
Report of -t!lc Secre’tary -dknera1
1 I, The present report is submitted in pursuance of paragraph 12 of General
.Assmbly resolution S-,7/2 ~ adopted on 29 July 1980 during its seventh eimr~;encg
special session, in which the General Assembly requested th,e Secretary-.Generals to
report to i~t at its thirty., r fifth session on the inplementr*tion of the resolution.
2. Ins thn-t resolution, the General Assembly recalled~ and reaffirmed its
resolutions 3236 (XXIX) rind 3237 (XXIX) of 22 ;!oveM,er 1974 and all other relevant
TJnited 3ations resolntions pertinert to th,e question of Dalestine (para, 1):
resffime& in particular, that a cmprehensive, just and lasting :peace in the
Midd.le East could not be es~kblished~, in accordance with, the Charter of the lJnited
Ikkions md the relevant Unii;ed ;"n-tions resolutions, without the withdrawal of
Israel. from a.11 the occupied Palestinian and other Arab territories, including
Jerusn.lem,; and without the achievement of a just solution of the ;?mblem of
Pn!cs-tine on ~th,e basis of the attniment of the inslienable rights of the
Palestinian people in Palestine (pera. 2); reaffirmed the innlienable ri?;ht of the
Palestinians to return to their homes and property in Pal-estine, from which they
had been displaced and uprooted~; anS calleEL for their re'curn (para. 3): reaffirmed
also the inalienable rich& in Palestine of the Palestinian pea-,le, including
(a) the right to self..d~eterlnination without external interference, and to national
irde~nendence and sovereipxty ~ and. (b) the right to establish its own independent
sovereigl~ state (y-a. b) ', reaffirmd the right of the Pales~tine Liberation
Or,Tonization, the re?resa?tative of the Palestinian people, to participate on an
equal footine in all efforts, dxliberations and conferences on the question of
Pales-tine Andy the si-tuation in the k!iddle East within the frmeworlr of the Uni.ted
Nations (para. 5): reaffirmed the fundamental principle of the inadmissibility of
-the acquisition of territory by force (para. 6): called upon Israel to vithdrm
completely and uncond~itionally from all the Palestinian and other Arab territories
occupied since June 1367, including Jerusalem, with all property and services
intact, and urged that such r.rithc?rawal from all the occupied terri.tories should
start before 15 November 1980 (para. 7): demnde~;that Israel sho+d fully comply
with provisions of resolution 1!~65 (1980) ed~opted unanimously by the Security Council
on 1 llarch l@O (para. 8): further demanded that Israel shou~ld fully comply with
all Whited Jrstions resolutions relevant to the historic character of the Holy City
o!: ,Jerusslciil., rn garticular Security Council resolation 476 (IS&l) of 30 June 1980
(prra. 9). an+ e::pressec? its opposition to all policies and plans aimw.5 at the
i~s~ttleaent of the Palestinians outside their honelaud (pars,. 10).
3~ In a, le.tter dated 30 July 1980: the Secretsry~General requested the Peminent
Representative of Israel to inform him zt an early date of the measures taker! or
ellVisap;ed by the Governnent of Israel to <nplemx,t the provisions of General
Asseml3l.y resolu-tion 'tE%7/2. The reply of the "ermznen-t Rerresentative of Israel is
contsineir ia a letter i?ntecl lr Iiovenber 1000. it reads as 'I'ollows:
"I have the honour to refer to your letter of 30 July 1980 with which you
enclosed e copy of resolution m-7/2, adqted by the iGenera Assembly 01:
29 .July 1980.
I~t will be recalled that Security Council resolution 21i2 (1967)
constitutes the only agreed bxis for a ney:otiated settlement of the Amb
Israel conflict.
'In this connection,a I should like to refer to the statement nade by the
Minister for Foreign Affairs of Israel on 29 September 1980 in the course of
the general debate 2t the thirty-fifth regular session of the General Assembly.
On that occasion, the Foreign Minister stated -that the Camp David Framemrlr
Accord for Peace in the Micldle East ,~., vhich is based 0~ Security Council
reso!.ution 24% (1967) .~ is the only approach which is within the realm of the
possible, Andy that, in acco:rdance with that Frammorl; Accord, negotiations
have been taking; place for the attsinmnt of full autonomy for the Palestinian
Arab inhabitants of Judea ~ Sarmria an?! the Gnza District. :Ie also ur~;ed those
rrho ~;enuinely seek peace to encourage the progess which has alrenc1y been
achive in the Cmp David process.
I> j In parar;raph 13 of General 4sse;nbly resolution m-7/2, the General Assembly
reques-ted the Security Council.: :in the event of non--complimce by Israel wi-th the
resolution:. to convene in order to consider the situation and the acioption of
effective measures under Chapter VII of the Charter. Dy a note datccl 5 nugx3t 1980
(S/ll:O%;),i the Secretary General brought to the attention of the Security Council
Cenera.1 Assembly resolution E-,7/ 2 and in particular para&raph 13 of the resolution.
The present report is beiny; circulated as a document of the General Assercbly and
the Security Council.
5. In parngaph 11 of the resolution, the General Assenbly requested aid
authorized the Secretary--General, in consultation, as appropriate, with the
Commit-tee on the Exercise of the Inalienable Rights of the Palestinian People. to
take the necessary imasures tomwds the implementation of the recommendations
contained in -paragraphs 59 to 72 of the report of the Committee to the General
Ass&&r at j.ts thirty-firs.t ses:jion IJ as a basis for the solution Of the qUeStion
lf Official Records of the General Assembly,
]lJo o 35 ( ~~~~~-------
Thirty-first Sesss-on, Supplement
I I ” .
A/35/618
s/14250
English
Page 3
of Palestine. The Secretary-General has given careful consideration, in
consultation with the Bureau of the Committee on the Exercise of the Inalienable
Rights of the Palestinian People, as to what measures he could take towards the
implementation of the recommendations of the Ccmmittee. Those recommendations
concern essentially (a) the establishment by the Security Council of a time-table
for the complete withdrawal by the Israeli occupation forces from those areas
occupied in 1967; (b) certain measures to be taken by the United Nations during and
after the withdrawal, including the possibility of setting up temporary peacekeeping
forces to facilitate the process of withd~rawal;, (c) measures to be taken
to facilitate the return of displaced Palestinians to their homes and (d) action to
be taken by the Security Council on the question of the Israeli settlements in
occupied territories. With regard to the setting up of temporary peace-keeping
forces, in the event of the Security Council takin,q a decision on this matter,
con-tingency plans can be presented to the Council without delay. With regard to
the return of displaced Palestinians, it may be recalled that in 1978 the Committee
on the Exercise of the Inalienable Rights of the Palestinian People inq~uired what
the United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA) might be able to do as preparatory work to implement the Committee's
recommendations. The Commissioner.-Genera1 of LJNRWA stated in his reply that, given
the authority, the funds and the co-operation of the Governnents concerned, LJNRWA
could be capable of providing the assistance referred to by the Committee promply,
efficiently and economically. 2/ The Commissioner-General has reiterated this
ass'urance to the Secretary-&n&al. With respect to the other measures referred
to in the recommendations of the Committee, such as those in paragraph 72 (e),
(f) and (h) of the report of the Committee, they can be taken only after the
question of the withdrawal has been resolved. The question of the withdrawal, as
well as that of the settlements in occupied territories, has been dealt with by the
General Assembly in paragraphs 7 and 8 of resolution ES-T/2 and also in its
paragraph 12, which requests the Security Council to take up the matter in the case
of non-compliance. The above conclusions of the Secretary-General have been brouC;ht
to the attention of the Bureau of the Cormittee on the Exercise of the Inalienable
Rights of the Palestinian People.
2/ Official Records of the General Assembly, Thirty-third Session,
Suppl&nt No. 35 (A/33/35), para. 45.
UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/ES-10/2
5 May 1997
Tenth emergency special session
Agenda item 5
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/ES-10/L.1 and Add.1)]
ES-10/2. Illegal Israeli actions in occupied East
Jerusalem and the rest of the Occupied
Palestinian Territory
The General Assembly,
Aware of the commencement, after the adoption of General Assembly
resolution 51/223 of 13 March 1997, of construction by Israel, the occupying
Power, of a new settlement in Jebel Abu Ghneim to the south of East Jerusalem
on 18 March 1997, and of other illegal Israeli actions in Jerusalem and the
rest of the Occupied Palestinian Territory,
Noting with regret that the Security Council, at its 3747th meeting, on
7 March 1997, and at its 3756th meeting, on 21 March 1997, twice failed to
adopt a resolution on the actions referred to above, as a result of the
negative vote of a permanent member of the Council,
Reaffirming the permanent responsibility of the United Nations with
regard to the question of Palestine until it is solved in all its aspects,
Reaffirming also the principle of the inadmissibility of the acquisition
of territory by force,
Having considered the serious deterioration of the situation in the
Occupied Palestinian Territory, including Jerusalem, and in the Middle East in
general, including the serious difficulties facing the Middle East peace
process, as a result of recent Israeli actions and measures,
Affirming its support for the Middle East peace process, started at
Madrid in 1991, on the basis of Security Council resolutions 242 (1967) of
22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of
19 March 1978, for the principle of land for peace and for the full and timely
97-77251 /...
A/RES/ES-10/2
Page 2
implementation of the agreements reached between the Government of Israel and
the Palestine Liberation Organization, the representative of the Palestinian
people, and of all commitments reached between the parties,
Recalling its relevant resolutions, including resolutions 181 (II) of
29 November 1947 and 51/223, and the relevant resolutions of the Security
Council, in particular those on Jerusalem and Israeli settlements in the
occupied territories, including resolutions 252 (1968) of 21 May 1968,
446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of
1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980,
672 (1990) of 12 October 1990 and 1073 (1996) of 28 September 1996,
Reaffirming that the international community, through the United
Nations, has a legitimate interest in the question of the City of Jerusalem
and the protection of the unique spiritual and religious dimension of the
City, as foreseen in relevant United Nations resolutions on this matter,
Reaffirming also the applicability of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949,1 and the
Regulations annexed to the Hague Convention IV of 19072 to the Occupied
Palestinian Territory, including Jerusalem, and all other Arab territories
occupied by Israel since 1967,
Recalling the obligation of the High Contracting Parties to the Geneva
Convention relative to the Protection of Civilian Persons in Time of War to
respect and ensure respect for the Convention in all circumstances, in
accordance with article 1 of the Convention,
Conscious of the serious dangers arising from persistent violation and
grave breaches of the Convention and the responsibilities arising therefrom,
Convinced that ensuring respect for treaties and other sources of
international law is essential for the maintenance of international peace and
security, and determined, in accordance with the preamble to the Charter of
the United Nations, to establish conditions under which justice and respect
for the obligations arising from treaties and other sources of international
law can be maintained,
Also convinced, in this context, that the repeated violation by Israel,
the occupying Power, of international law and its failure to comply with
relevant Security Council and General Assembly resolutions and the agreements
reached between the parties undermine the Middle East peace process and
constitute a threat to international peace and security,
Increasingly concerned about the actions of armed Israeli settlers in
the Occupied Palestinian Territory, including Jerusalem,
Aware that, in the circumstances, it should consider the situation with
a view to making appropriate recommendations to the States Members of the
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
/...
A/RES/ES-10/2
Page 3
United Nations, in accordance with General Assembly resolution 377 A (V) of
3 November 1950,
1. Condemns the construction by Israel, the occupying Power, of a new
settlement in Jebel Abu Ghneim to the south of occupied East Jerusalem and all
other illegal Israeli actions in all the occupied territories;
2. Reaffirms that all legislative and administrative measures and
actions taken by Israel, the occupying Power, that have altered or purported
to alter the character, legal status and demographic composition of Jerusalem
are null and void and have no validity whatsoever;
3. Reaffirms also that Israeli settlements in all the territories
occupied by Israel since 1967 are illegal and an obstacle to peace;
4. Demands immediate and full cessation of the construction in
Jebel Abu Ghneim and of all other Israeli settlement activities, as well as of
all illegal measures and actions in Jerusalem;
5. Demands also that Israel accept the de jure applicability of the
Geneva Convention relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949,1 to all the territories occupied since 1967, and that
it comply with relevant Security Council resolutions, in accordance with the
Charter of the United Nations;
6. Stresses the need to preserve the territorial integrity of all of
the Occupied Palestinian Territory and to guarantee the freedom of movement of
persons and goods in the territory, including the removal of restrictions into
and from East Jerusalem, and the freedom of movement to and from the outside
world;
7. Calls for the cessation of all forms of assistance and support for
illegal Israeli activities in the Occupied Palestinian Territory, including
Jerusalem, in particular settlement activities;
8. Recommends to the States that are High Contracting Parties to the
Geneva Convention relative to the Protection of Civilian Persons in Time of
War to take measures, on a national or regional level, in fulfilment of their
obligations under article 1 of the Convention, to ensure respect by Israel,
the occupying Power, of the Convention;
9. Requests the Secretary-General to monitor the situation and to
submit a report on the implementation of the present resolution, within two
months of its adoption, in particular on the cessation of the construction of
the new settlement in Jebel Abu Ghneim and of all other illegal Israeli
actions in occupied East Jerusalem and the rest of the Occupied Palestinian
Territory;
10. Expresses the need for scrupulous implementation of the agreements
reached between the parties, and urges the sponsors of the peace process, the
interested parties and the entire international community to exert all the
necessary efforts to revive the peace process and to ensure its success;
11. Recommends that a comprehensive, just and lasting solution to the
question of the City of Jerusalem, which should be reached in permanent status
negotiations between the parties, should include internationally guaranteed
/...
A/RES/ES-10/2
Page 4
provisions to ensure the freedom of religion and of conscience of its
inhabitants, as well as permanent, free and unhindered access to the Holy
Places by the faithful of all religions and nationalities;
12. Rejects terrorism in all its forms and manifestations, in
accordance with all relevant United Nations resolutions and declarations;
13. Decides to adjourn the tenth emergency special session of the
General Assembly temporarily and to authorize the President of the General
Assembly to resume its meetings upon request from Member States.
3rd plenary meeting
25 April 1997
UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/ES-10/3
30 July 1997
Tenth emergency special session
Agenda item 5
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[Without reference to a Main Committee (A/ES-10/L.2/Rev.1)]
ES-10/3. Illegal Israeli actions in Occupied East
Jerusalem and the rest of the Occupied
Palestinian Territory
The General Assembly,
Having received with appreciation the report of the Secretary-General,1
Recalling all relevant United Nations resolutions,
Reaffirming its resolution ES-10/2 of 25 April 1997,
Having been informed in the report of the Secretary-General that, inter
alia, the Government of Israel, as of 20 June 1997, has not abandoned its
construction of the new Israeli settlement at Jebel Abu Ghneim and that
settlement activity, including the expansion of existing settlements, the
construction of bypass roads, the confiscation of lands adjacent to
settlements and related activities, in violation of Security Council
resolutions on the matter, continues unabated throughout the Occupied
Palestinian Territory, and also that the Israeli Prime Minister and other
representatives of the Government continue to reject the terms of resolution
ES-10/2 requiring the cessation of those activities,
Aware that, in the light of the position of the Government of Israel, as
indicated in the report of the Secretary-General, the General Assembly should
once more consider the situation with a view to making additional appropriate
recommendations to States Members of the United Nations, in accordance with
General Assembly resolution 377 A (V) of 3 November 1950,
1 A/ES-10/6-S/1997/494 and Corr.1 and A/ES-10/6/Add.1-S/1997/494/Add.1.
97-77443 /...
A/RES/ES-10/3
Page 2
1. Condemns the failure of the Government of Israel to comply with
the demands made by the General Assembly at its tenth emergency special
session in resolution ES-10/2;
2. Strongly deplores the lack of cooperation of the Government of
Israel and its attempts to impose restrictions upon the intended mission of
the Special Envoy of the Secretary-General to Israel and the Occupied
Palestinian Territory, including Jerusalem;
3. Reaffirms that all illegal Israeli actions in Occupied East
Jerusalem and the rest of the Occupied Palestinian Territory, especially
settlement activity, and the practical results thereof cannot be recognized,
irrespective of the passage of time;
4. Reiterates the demands made in resolution ES-10/2, in particular
for the immediate and full cessation of the construction of a new settlement
at Jebel Abu Ghneim, to the south of Occupied East Jerusalem, and of all other
Israeli settlement activities, as well as of all illegal measures and actions
in Jerusalem;
5. Demands that Israel, the occupying Power, immediately cease and
reverse all actions taken illegally, in contravention of international law,
against Palestinian Jerusalemites;
6. Recommends to Member States that they actively discourage
activities which directly contribute to any construction or development of
Israeli settlements in the Occupied Palestinian Territory, including
Jerusalem, as these activities contravene international law;
7. Demands that Israel, the occupying Power, make available to Member
States the necessary information about goods produced or manufactured in the
illegal settlements in the Occupied Palestinian Territory, including
Jerusalem;
8. Stresses that all Member States, in order to ensure their rights
and benefits resulting from membership, should fulfil in good faith the
obligations assumed by them in accordance with the provisions of the Charter
of the United Nations;
9. Emphasizes the responsibilities, including personal ones, arising
from persistent violations and grave breaches of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August
1949;2
10. Recommends that the High Contracting Parties to the Geneva
Convention relative to the Protection of Civilian Persons in Time of War
convene a conference on measures to enforce the Convention in the Occupied
Palestinian Territory, including Jerusalem, and to ensure its respect, in
accordance with common article 1, and requests the Secretary-General to
present a report on the matter within three months;
2 United Nations, Treaty Series, vol. 75, No. 973.
/...
A/RES/ES-10/3
Page 3
11. Calls for the reinjection of momentum into the stalled Middle East
peace process and for the implementation of the agreements reached between the
Government of Israel and the Palestine Liberation Organization, as well as for
the upholding of the principles of the process, including the exchange of land
for peace, and calls upon the two sides to refrain from actions that impede
the peace process by pre-empting permanent status negotiations;
12. Stresses the need for actions in accordance with the Charter, to
continue to ensure respect for international law and relevant United Nations
resolutions;
13. Decides to adjourn the tenth emergency special session of the
General Assembly temporarily and to authorize the President of the most recent
General Assembly to resume its meetings upon request from Member States.
5th plenary meeting
15 July 1997
UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/ES-10/4
19 November 1997
Tenth emergency special session
Agenda item 5
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/ES-10/L.3 and Add.1)]
ES-10/4. Illegal Israeli actions in Occupied East Jerusalem and the rest of the
Occupied Palestinian Territory
The General Assembly,
Having received the report of the Secretary-General submitted in accordance with paragraph 10 of its
resolution ES-10/3 of 15 July 1997,1
Having received at an earlier date the report of the Secretary-General submitted in accordance with
paragraph 9 of its resolution ES-10/2 of 25 April 1997,2
Determined to uphold the purposes and principles of the Charter of the United Nations, international
humanitarian law and all other instruments of international law, as well as relevant General Assembly and
Security Council resolutions,
Reiterating the demands made in resolutions ES-10/2 and ES-10/3, namely:
(a) The immediate and full cessation of the construction in Jebel Abu Ghneim and of all other Israeli
settlement activities, as well as of all illegal measures and actions in Jerusalem;
1 A/ES-10/16-S/1997/798 and Add.1; see Official Records of the Security Council, Fifty-second Year,
Supplement for October, November and December 1997, document S/1997/798.
2 A/ES-10/6-S/1997/494 and Corr.1 and Add.1; see Official Records of the Security Council, Fifty-second
Year, Supplement for July, August and September 1997, document S/1997/494.
97-77599 /...
A/RES/ES-10/4
Page 2
(b) That Israel accept the de jure applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949,3 to all the territories occupied since 1967, and that it
comply with relevant Security Council resolutions, in accordance with the Charter of the United Nations;
(c) That Israel, the occupying Power, immediately cease and reverse all actions taken illegally, in
contravention of international law, against Palestinian Jerusalemites;
(d) That Israel, the occupying Power, make available to Member States the necessary information about
goods produced or manufactured in the illegal settlements in the Occupied Palestinian Territory, including
Jerusalem,
Aware that Israel, the occupying Power, has not heeded any of the above-mentioned demands and that
it continues with its illegal actions in Occupied East Jerusalem and the rest of the Occupied Palestinian
Territory,
Having been informed in the report of the Secretary-General2 of the responses of the High Contracting
Parties to the Geneva Convention and of the collective responses transmitted through letters from the
President of the Coordinating Bureau of the Movement of Non-Aligned Countries, the Secretary-General of
the League of Arab States and the Presidency of the Council of the European Union, to the note sent by the
Government of Switzerland in its capacity as the depository of the Convention,
Reaffirming the permanent responsibility of the United Nations with regard to the question of Palestine
until it is solved in all its aspects,
Having received a letter dated 20 August 1997 from the Permanent Observer Mission of Palestine to the
United Nations,4 informing about specific cases of assistance by individuals for illegal settlement activities,
Gravely concerned at the continuing deterioration of the Middle East peace process and the lack of
implementation of the agreements reached,
Reaffirming that all illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied
Palestinian Territory, especially settlement activities, and the practical results thereof, cannot be recognized
irrespective of the passage of time,
Recalling its rejection of terrorism in all its forms and manifestations in accordance with all relevant
resolutions and declarations of the United Nations
1. Condemns the failure of the Government of Israel to comply with the provisions of resolutions
ES-10/2 and ES-10/3, in particular the continuation of the building of a new settlement in Jebel Abu Ghneim
to the south of Occupied East Jerusalem;
2. Reiterates its call for the cessation of all forms of assistance and support for illegal Israeli activities
in the Occupied Palestinian Territory, including Jerusalem, in particular settlement activities;
3. Reiterates its recommendation to the High Contracting Parties to the Geneva Convention relative
to the Protection of Civilian Persons in Time of War,3 to take measures on a national or regional level, in
3 United Nations, Treaty Series, vol. 75, No. 973.
4 A/ES-10/14.
/...
A/RES/ES-10/4
Page 3
fulfilment of their obligations under article 1 of the Convention, to ensure respect by Israel, the occupying
Power, of the Convention, as well as its recommendation to Member States to actively discourage activities
that directly contribute to any construction or development of Israeli settlements in the Occupied Palestinian
Territory, including Jerusalem, as these activities contravene international law;
4. Reiterates also its recommendation that the High Contracting Parties to the Geneva Convention
convene a conference on measures to enforce the Convention in the Occupied Palestinian Territory, including
Jerusalem, and to ensure its respect in accordance with common article 1;
5. Recommends to the Government of Switzerland, in its capacity as the depository of the Geneva
Convention, to undertake the necessary steps, including the convening of a meeting of experts in order to
follow up on the above-mentioned recommendation, as soon as possible and with a target date not later than
the end of February 1998;
6. Requests the Government of Switzerland to invite the Palestine Liberation Organization to
participate in the above-mentioned conference and any preparatory steps for that conference;
7. Calls for reinjecting momentum into the stalled Middle East peace process and for the
implementation of the agreements reached between the Government of Israel and the Palestine Liberation
Organization, as well as for the upholding of the principles of the process, including the exchange of land
for peace;
8. Decides that, in case of continuous lack of compliance by Israel, the occupying Power, with the
provisions of resolutions ES-10/2 and ES-10/3, it shall reconsider the situation with a view to making further
appropriate recommendations to the States Members of the United Nations in accordance with its resolution
377 A (V) of 3 November 1950;
9. Decides to adjourn the tenth emergency special session of the General Assembly temporarily and
to authorize the President of the most recent General Assembly to resume its meetings upon request from
Member States.
7th plenary meeting
13 November 1997
/...
UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/ES-10/5
20 March 1998
Tenth emergency special session
Agenda item 5
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/ES-10/L.4/Rev.1 and Add.1)]
ES-10/5. Illegal Israeli actions in Occupied East Jerusalem and the rest of the
Occupied Palestinian Territory
The General Assembly,
Reaffirming its resolutions ES-10/2 of 25 April 1997, ES-10/3 of 15 July 1997 and ES-10/4 of 13
November 1997,
Determined to uphold the purposes and principles of the Charter of the United Nations, international
humanitarian law and all other instruments of international law, as well as relevant General Assembly and
Security Council resolutions,
Increasingly concerned about the persistent violations by Israel, the occupying Power, of the
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949,1 including its settlement construction at Jebel Abu Ghneim to the south of Occupied East
Jerusalem, and its failure to accept the de jure applicability of the Convention to the Occupied Palestinian
Territory, including Jerusalem, and the rest of the Arab territories occupied since 1967,
Aware that the necessary steps recommended in paragraph 5 of resolution ES-10/4, including the
convening of a meeting of experts with a target date not later than the end of February 1998 in order to
follow up on the recommendations mentioned in paragraph 10 of resolution ES-10/3 and paragraph 4 of
resolution ES-10/4, remain to be fulfilled,
1 United Nations, Treaty Series, vol. 75, No. 973.
98-77191 /...
A/RES/ES-10/5
Page 2
1. Reiterates its condemnation of the failure of the Government of Israel to comply with the
provisions of resolutions ES-10/2, ES-10/3 and ES-10/4;
2. Reiterates all the demands made in resolutions ES-10/2, ES-10/3 and ES-10/4, and stresses the
necessity of the full and immediate implementation by Israel, the occupying Power, of those demands;
3. Reiterates once again its recommendation that the High Contracting Parties to the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 19491 convene
a conference on measures to enforce the Convention in the Occupied Palestinian Territory, including
Jerusalem, and to ensure its respect in accordance with common article 1;
4. Reiterates its recommendation to the Government of Switzerland, in its capacity as the depositary
of the Geneva Convention, to undertake the necessary preparatory steps, including the convening of a
meeting of experts in order to follow up on the above-mentioned recommendation;
5. Extends the target date for the convening of the meeting of experts of the High Contracting
Parties until the end of April 1998;
6. Reiterates the request made in paragraph 6 of resolution ES-10/4 to the Government of
Switzerland to invite the Palestine Liberation Organization to participate in the above-mentioned
conference and in any preparatory steps for that conference;
7. Reiterates its decision that, in case of continued lack of compliance by Israel, the occupying
Power, with the provisions of resolutions ES-10/2, ES-10/3 and ES-10/4, it shall reconsider the situation
with a view to making further appropriate recommendations to the States Members of the United Nations
in accordance with its resolution 377 A (V) of 3 November 1950;
8. Decides to adjourn the tenth emergency special session temporarily and to authorize the President
of the most recent General Assembly to resume its meeting upon request from Member States.
9th plenary meeting
17 March 1998
UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/ES–10/6
24 February 1999
Tenth emergency special session
Agenda item 5
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/ES–10/L.5/Rev.1)]
ES–10/6. Illegal Israeli actions in Occupied East Jerusalem and the rest of the
Occupied Palestinian Territory
The General Assembly,
Reaffirming the resolutions of its tenth emergency special session, namely, ES–10/2 of 25 April 1997,
ES–10/3 of 15 July 1997, ES–10/4 of 13 November 1997 and ES–10/5 of 17 March 1998,
Determined to uphold the purposes and principles embodied in the Charter of the United Nations,
international humanitarian law and all other instruments of international law, as well as relevant General
Assembly and Security Council resolutions,
Reiterating the permanent responsibility of the United Nations towards the question of Palestine until
it is solved in all its aspects,
Aware that Israel, the occupying Power, has not heeded the demands made in the resolutions of the
tenth emergency special session and that it continues to carry out illegal actions in Occupied East
Jerusalem and the rest of the Occupied Palestinian Territory, in particular settlement activity, including
the construction of the new Israeli settlement at Jebel Abu Ghneim, the building of other new settlements
and the expansion of existing settlements, the construction of bypass roads and the confiscation of lands,
Reaffirming that all illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied
Palestinian Territory, especially settlement activities and the practical results thereof, remain contrary to
international law and cannot be recognized, irrespective of the passage of time,
99-76957 /...
A/RES/ES–10/6
Page 2
Expressing its appreciation to the Government of Switzerland, in its capacity as depositary of the four
Geneva Conventions,1 and to the International Committee of the Red Cross for their efforts to uphold the
integrity of the Conventions,
Increasingly concerned about the persistent violations by Israel, the occupying Power, of the
provisions of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War,
of 12 August 1949,2
Conscious of the serious dangers arising from persistent violations and grave breaches of the Fourth
Geneva Convention and the responsibilities arising therefrom,
Aware of the upcoming fiftieth anniversary of the four Geneva Conventions, which is an occasion
for renewed determination to promote international humanitarian law further and to reaffirm the
undertaking by the High Contracting Parties to respect and to ensure respect for the Conventions in all
circumstances in accordance with common article 1,
Taking note of the measure taken by the Government of Switzerland to organize a meeting between
the Palestinian and Israeli sides, in the presence of the International Committee of the Red Cross, which
was held at Geneva from 9 to 11 June 1998 and was aimed at examining ways to contribute to the
effective application of the Fourth Geneva Convention in the Occupied Palestinian Territory, and
expressing disappointment that Israeli violations of the Convention continued unabated in spite of such
a measure,
Taking note also of the meeting of experts of the High Contracting Parties, convened from 27 to
29 October 1998 at the invitation of the Government of Switzerland, in its capacity as the depositary of
the Convention, on general problems concerning the Convention, in particular in occupied territories, as
well as of the Chairman's report of the proceedings of that meeting,
Gravely concerned at the suspension, on 20 December 1998, by the Government of Israel of the
implementation of the Wye River Memorandum, signed at the White House in Washington, D.C., on
23 October 1998, including the negotiations on the final settlement, which should be concluded by 4 May
1999,
Determined to persist in its work to bring about compliance by Israel, the occupying Power, with the
terms of resolutions adopted by the tenth emergency special session,
Aware that, under the circumstances, it should continue to consider the situation with a view to
making appropriate recommendations to the States Members of the United Nations in accordance with
General Assembly resolution 377 A (V) of 3 November 1950,
1. Reiterates its condemnation of the failure of the Government of Israel to comply with the
provisions of resolutions ES–10/2, ES–10/3, ES–10/4 and ES–10/5;
1 United Nations, Treaty Series, vol. 75, Nos. 970–973.
2 Ibid., No. 973.
/...
A/RES/ES–10/6
Page 3
2. Expresses its grave concern at the adoption by the Knesset of the law of 26 January 1999 and
the legislation of 27 January 1999, and reaffirms that all legislative and administrative measures and
actions taken by Israel, the occupying Power, which have altered or purport to alter the character, legal
status and demographic composition of Occupied East Jerusalem and the rest of the Occupied Palestinian
Territory, are all null and void and have no validity whatsoever;
3. Reiterates in the strongest terms all the demands made of Israel, the occupying Power, in the
above-mentioned resolutions of the tenth emergency special session, including the immediate and full
cessation of the construction at Jebel Abu Ghneim and of all other Israeli settlement activities, as well as
of all illegal measures and actions in Occupied East Jerusalem, the acceptance of the de jure applicability
of the Fourth Geneva Convention and compliance with relevant Security Council resolutions, the cessation
and reversal of all actions taken illegally against Palestinian Jerusalemites and the provision of information
about goods produced or manufactured in the settlements;
4. Reiterates also its previous recommendations to Member States for the cessation of all forms
of assistance and support for illegal Israeli activities in the Occupied Palestinian Territory, including
Jerusalem, in particular settlement activities and actively to discourage activities that directly contribute
to any construction or development of those settlements;
5. Affirms that, in spite of the actual deterioration of the Middle East peace process as a result of
the lack of compliance by the Government of Israel with the existing agreements, increased efforts must
be exerted to bring the peace process back on track and to continue the process towards the achievement
of a just, comprehensive and lasting peace in the region on the basis of Security Council resolutions 242
(1967) and 338 (1973) and the principle of land for peace, as well as Security Council resolution 425
(1978);
6. Reiterates its recommendation that the High Contracting Parties to the Fourth Geneva Convention
convene a conference on measures to enforce the Convention in the Occupied Palestinian Territory,
including Jerusalem, and to ensure respect thereof in accordance with common article 1, and further
recommends that the High Contracting Parties convene the said conference on 15 July 1999 at the United
Nations Office at Geneva;
7. Invites the Government of Switzerland, in its capacity as the depositary of the Geneva
Convention, to undertake whatever preparations are necessary prior to the conference;
8. Requests the Secretary-General to make the necessary facilities available to enable the High
Contracting Parties to convene the conference;
9. Expresses its confidence that Palestine, as a party directly concerned, will participate in the
above-mentioned conference;
10. Decides to adjourn the tenth emergency special session temporarily and to authorize the President
of the most recent General Assembly to resume its meeting upon request from Member States.
12th plenary meeting
9 February 1999
United Nations A/RES/ES-10/7
General Assembly Distr.: General
1 November 2000
Tenth emergency special session
Agenda item 5
00 71092
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.6)]
ES-10/7. Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
The General Assembly,
Reaffirming the resolutions of its tenth emergency special session and the
necessity of full implementation of those resolutions,
Welcoming the adoption by the Security Council of resolution 1322 (2000) of
7 October 2000, and stressing the urgent need for full compliance with the
resolution,
Expressing its deep concern over the provocative visit to Al-Haram Al-Sharif
on 28 September 2000 and the tragic events that followed in Occupied East
Jerusalem and other places in the Occupied Palestinian Territory, which resulted in a
high number of deaths and injuries mostly among Palestinian civilians,
Expressing its deep concern also over the clashes between the Israeli army and
the Palestinian police and the casualties on both sides,
Reaffirming that a just and lasting solution to the Arab-Israeli conflict must be
based on Security Council resolutions 242 (1967) of 22 November 1967 and
338 (1973) of 22 October 1973, through an active negotiation process which takes
into account the right of security for all States in the region, as well as the legitimate
rights of the Palestinian people, including their right to self-determination,
Expressing its support for the Middle East peace process and the efforts to
reach a final settlement between the Israeli and the Palestinian sides, and urging the
two sides to cooperate in these efforts,
Reaffirming the need for the full respect by all for the Holy Places of Occupied
East Jerusalem, and condemning any behaviour to the contrary,
Reaffirming also the need for the full respect by all for the Holy Places in the
rest of the Occupied Palestinian Territory, as well as in Israel, and condemning any
behaviour to the contrary,
Determined to uphold the purposes and principles embodied in the Charter of
the United Nations, international humanitarian law and all other instruments of
A/RES/ES-10/7
2
international law, as well as relevant resolutions of the General Assembly and
Security Council,
Reiterating the permanent responsibility of the United Nations for the question
of Palestine until it is solved in all its aspects,
Conscious of the serious dangers arising from persistent violations and grave
breaches of the Fourth Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949,1 and the responsibility arising
therefrom,
Stressing the urgent need for providing protection for the Palestinian civilians
in the Occupied Palestinian Territory,
Noting the convening, on 15 July 1999, for the first time, of the Conference of
High Contracting Parties to the Fourth Geneva Convention on measures to enforce
the Convention in the Occupied Palestinian Territory, including Jerusalem, at the
United Nations Office at Geneva, and welcoming the statement adopted by the
participating high contracting parties,
1. Condemns the violence that took place on 28 September 2000 and the
following days at Al-Haram Al-Sharif and other Holy Places in Jerusalem as well as
other areas in the Occupied Palestinian Territory, resulting in the deaths of over 100
people, the vast majority of whom were Palestinian civilians, and many other
casualties;
2. Condemns also acts of violence, especially the excessive use of force by
the Israeli forces against Palestinian civilians;
3. Expresses support for the understandings reached at the summit
convened at Sharm el-Sheikh, Egypt, and urges all parties concerned to implement
these understandings honestly and without delay;
4. Demands the immediate cessation of violence and the use of force, calls
upon the parties to act immediately to reverse all measures taken in this regard since
28 September 2000, and acknowledges that necessary steps have been taken by the
parties in this direction since the summit of Sharm el-Sheikh;
5. Reiterates that Israeli settlements in the Occupied Palestinian Territory,
including Jerusalem, are illegal and are an obstacle to peace, and calls for the
prevention of illegal acts of violence by Israeli settlers;
6. Demands that Israel, the occupying Power, abide scrupulously by its
legal obligations and its responsibilities under the Fourth Geneva Convention
relative to the Protection of Civilian Persons in Time of War,1 which is applicable to
all territories occupied by Israel since 1967;
7. Strongly supports the establishment of a mechanism of inquiry into the
recent tragic events, with the aim of establishing all the precise facts and preventing
the repetition of these events, and in this regard strongly supports also the
understanding reached at Sharm el-Sheikh about a committee of fact-finding, and
calls for its establishment without delay;
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/ES-10/7
3
8. Supports the efforts of the Secretary-General, including his efforts for the
establishment of the above-mentioned committee, and requests him to report to the
Assembly on the progress made in these efforts;
9. Calls upon the members of the Security Council to follow the situation
closely, including the implementation of Council resolution 1322 (2000), in
fulfilment of the Council’s primary responsibility for the maintenance of
international peace and security;
10. Invites the depositary of the Fourth Geneva Convention to consult on the
development of the humanitarian situation in the field, in accordance with the
statement adopted on 15 July 1999 by the above-mentioned Conference of High
Contracting Parties to the Convention, with the aim of ensuring respect for the
Convention in all circumstances in accordance with common article 1 of the four
Conventions;
11. Supports the efforts towards the resumption of the Israeli-Palestinian
negotiations within the Middle East peace process on its agreed basis, and calls for
the speedy conclusion of the final settlement agreement between the two sides;
12. 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.
14th plenary meeting
20 October 2000
United Nations A/RES/ES-10/8
General Assembly Distr.: General
24 December 2001
Tenth emergency special session
Agenda item 5
01 71497
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.7)]
ES-10/8 Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
The General Assembly,
Recalling its relevant resolutions,
Recalling also relevant Security Council resolutions, including resolution 1322
(2000) of 7 October 2000,
Emphasizing the need for a just, lasting and comprehensive peace in the
Middle East based on Security Council resolutions 242 (1967) of 22 November 1967
and 338 (1973) of 22 October 1973 and the principle of land for peace,
Emphasizing also in that regard the essential role of the Palestinian Authority,
which remains the indispensable and legitimate party for peace and needs to be
preserved fully,
Expressing its grave concern at the continuation of the tragic and violent
events that have taken place since September 2000,
Expressing also its grave concern at the recent dangerous deterioration of the
situation and its possible impact on the region,
Emphasizing further the importance of the safety and well-being of all
civilians in the whole Middle East region, and condemning in particular all acts of
violence and terror resulting in the deaths and injuries among Palestinian and Israeli
civilians,
Expressing its determination to contribute to ending the violence and to
promoting dialogue between the Israeli and Palestinian sides,
Reiterating the need for the two sides to comply with their obligations under
the existing agreements,
A/RES/ES-10/8
2
Also reiterating the need for Israel, the occupying Power, to abide scrupulously
by its legal obligations and responsibilities under the Fourth Geneva Convention
relative to the Protection of Civilian Persons in Time of War of 12 August 1949,1
1. Demands the immediate cessation of all acts of violence, provocation and
destruction, as well as the return to the positions and arrangements that existed prior
to September 2000;
2. Condemns all acts of terror, in particular those targeting civilians;
3. Also condemns all acts of extrajudiciary executions, excessive use of
force and wide destruction of properties;
4. Calls upon the two sides to start the comprehensive and immediate
implementation of the recommendations made in the report of the Sharm el-Sheikh
Fact-Finding Committee (Mitchell report) in a speedy manner;
5. Encourages all concerned to establish a monitoring mechanism to help
the parties implement the recommendations of the report of the Fact-Finding
Committee and to help to create a better situation in the Occupied Palestinian
Territory;
6. Calls for the resumption of negotiations between the two sides within the
Middle East peace process on its agreed basis, taking into consideration
developments in previous discussions between the two sides, and urges them to
reach a final agreement on all issues, on the basis of their previous agreements, with
the objective of implementing Security Council resolutions 242 (1967) and 338
(1973);
7. Decides to remain seized of the matter.
15th plenary meeting
20 December 2001
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
United Nations A/RES/ES-10/9
General Assembly Distr.: General
24 December 2001
Tenth emergency special session
Agenda item 5
01 71503
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.7)]
ES-10/9 Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
The General Assembly,
Recalling its relevant resolutions, including resolutions of the tenth emergency
special session on the situation in Occupied East Jerusalem and the rest of the
Occupied Palestinian Territory,
Recalling also relevant Security Council resolutions, including resolutions 237
(1967) of 14 June 1967, 242 (1967) of 22 November 1967, 259 (1968) of 27
September 1968, 271 (1969) of 15 September 1969, 338 (1973) of 22 October 1973,
446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March
1980, 468 (1980) of 8 May 1980, 469 (1980) of 20 May 1980, 471 (1980) of 5 June
1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 484 (1980) of 19
December 1980, 592 (1986) of 8 December 1986, 605 (1987) of 22 December 1987,
607 (1988) of 5 January 1988, 608 (1988) of 14 January 1988, 636 (1989) of 6 July
1989, 641 (1989) of 30 August 1989, 672 (1990) of 12 October 1990, 673 (1990) of
24 October 1990, 681 (1990) of 20 December 1990, 694 (1991) of 24 May 1991,
726 (1992) of 6 January 1992, 799 (1992) of 18 December 1992, 904 (1994) of 18
March 1994 and 1322 (2000) of 7 October 2000,
Taking note with appreciation of the convening of the Conference of High
Contracting Parties to the Fourth Geneva Convention, on 15 July 1999, as
recommended by the General Assembly in its resolution ES-10/6 of 9 February
1999, and the statement adopted by the Conference,
Taking note with appreciation also of the reconvening of the above-mentioned
Conference, on 5 December 2001, and the important declaration adopted by the
Conference,
Recalling relevant provisions of the Rome Statute of the International Criminal
Court,1
_______________
1 A/CONF.183/9.
A/RES/ES-10/9
2
Reaffirming the position of the international community on Israeli settlements
in the Occupied Palestinian Territory, including East Jerusalem, as illegal and as an
obstacle to peace,
Expressing its concern at Israeli actions taken recently against the Orient
House and other Palestinian institutions in Occupied East Jerusalem as well as other
illegal Israeli actions aimed at altering the status of the city and its demographic
composition,
Reiterating the applicability of the Fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 19492 to the Occupied
Palestinian Territory, including East Jerusalem,
Stressing that the Fourth Geneva Convention, which takes fully into account
imperative military necessity, has to be respected in all circumstances,
Bearing in mind the relevant provisions of the Charter of the United Nations,
including Article 96 thereof,
1. Expresses its full support for the declaration adopted by the Conference
of High Contracting Parties to the Fourth Geneva Convention, convened on 5
December 2001 at Geneva;
2. Calls upon all members and observers of the United Nations as well as
the Organization and its agencies to observe the above-mentioned declaration;
3. 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.
15th plenary meeting
20 December 2001
_______________
2 United Nations, Treaty Series, vol. 75, No. 973.
United Nations A/RES/ES-10/10
General Assembly Distr.: General
14 May 2002
Tenth emergency special session
Agenda item 5
02 37700
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.9/Rev.1)]
ES-10/10. Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
The General Assembly,
Recalling its resolutions, including the resolutions of the tenth emergency special
session on illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied
Palestinian Territory,
Expressing its grave concern at the continuation of the tragic and violent events that
have taken place since September 2000, especially the recent attacks and the increased
number of casualties,
Expressing its profound concern at the grave situation in the Occupied Palestinian
Territory, including Jerusalem, particularly since the start of the Israeli military attack on
Palestinian cities and the Palestinian Authority on 29 March 2002,
Gravely concerned at the extensive loss of life and injuries suffered by the
Palestinian people, as well as the destruction of both public and private property, including
homes and institutions of the Palestinian Authority,
Gravely concerned in particular at the reports of grave breaches of international
humanitarian law committed in the Jenin refugee camp and other Palestinian cities by the
Israeli occupying forces,
Expressing its profound concern at the dire humanitarian situation of the Palestinian
civilian population, including the lack of access to food, water and medicines, owing to the
Israeli siege and the attacks on Palestinian cities,
Deploring the destruction of holy sites in the Occupied Palestinian Territory,
including mosques and churches, and expressing its expectation that the Israeli military
siege on the Church of the Nativity in Bethlehem will end immediately,
Noting that Security Council resolutions 1402 (2002) of 30 March 2002 and
1403 (2002) of 4 April 2002 have not yet been fully implemented,
Noting also that Israel, the occupying Power, has refused to cooperate with the
Secretary-General’s fact-finding team to the Jenin refugee camp, in disregard of Security
Council resolution 1405 (2002) of 19 April 2002, noting as well the decision of the
Secretary-General to disband the team, and welcoming his efforts to develop accurate
information regarding the recent events,
A/RES/ES-10/10
2
Taking note that the Security Council is yet to take the necessary measures in
response to the Israeli refusal to cooperate with the fact-finding team and the ensuing
developments,
Reaffirming the applicability of the Fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 19491 to the Occupied
Palestinian Territory, including Occupied East Jerusalem,
Reiterating the obligation of Israel, the occupying Power, to abide scrupulously by
its legal obligations and responsibilities under the Fourth Geneva Convention,
Deploring Israel’s disregard for relevant Security Council resolutions, and stressing
the need for full accountability in this regard,
Welcoming and encouraging the diplomatic efforts of special envoys from the United
States of America, the Russian Federation, the European Union and the United Nations, as
well as others, to bring about a comprehensive, just and lasting peace in the Middle East,
1. Condemns the attacks committed by the Israeli occupying forces against the
Palestinian people in several Palestinian cities, particularly in the Jenin refugee camp;
2. Also condemns the refusal by Israel, the occupying Power, to cooperate with
the Secretary-General’s fact-finding team to the Jenin refugee camp, in disregard of
Security Council resolution 1405 (2002);
3. Emphasizes the importance of the safety and well-being of all civilians in the
whole Middle East region, and condemns in particular all acts of violence and terror
resulting in deaths and injuries among Palestinian and Israeli civilians;
4. Demands the immediate and full implementation of Security Council
resolution 1402 (2002);
5. Calls for the implementation of the declaration adopted by the Conference of
High Contracting Parties to the Fourth Geneva Convention, reconvened in Geneva on
5 December 2001, through concrete action on the national, regional and international
levels to ensure respect by Israel, the occupying Power, of the provisions of the
Convention;
6. Requests the Secretary-General to present a report, drawing upon the available
resources and information, on the recent events that took place in Jenin and in other
Palestinian cities;
7. Demands that Israel, the occupying Power, cease all hindrances and obstacles
to the work of humanitarian organizations and the United Nations agencies in the Occupied
Palestinian Territory, in particular the International Committee of the Red Cross and the
United Nations Relief and Works Agency for Palestine Refugees in the Near East,
including by lifting the restrictions on the freedom of movement and ensuring a free and
safe access of staff and vehicles;
8. Calls for the provision of urgently needed assistance and services to help in
alleviating the current humanitarian situation and the reconstruction efforts, including the
rebuilding of the institutions of the Palestinian Authority;
9. Calls upon all concerned parties to redouble their efforts to assist the parties to
end the current crisis and bring them back to negotiations towards the achievement of a
final settlement on all issues, including the establishment of the State of Palestine;
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/ES-10/10
3
10. 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
meetings upon request from Member States.
17th plenary meeting
7 May 2002
United Nations A/RES/ES-10/11
General Assembly Distr.: General
10 September 2002
Tenth emergency special session
Agenda item 5
02 57781
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.11)]
ES-10/11. Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
The General Assembly,
Recalling its relevant resolutions, including the resolutions of the tenth emergency
special session on the situation in Occupied East Jerusalem and the rest of the Occupied
Palestinian Territory,
Having received with interest the report of the Secretary-General prepared pursuant
to General Assembly resolution ES-10/10 on the recent events that took place in Jenin and
in other Palestinian cities in the period from the beginning of March to 7 May 2002,1
Strongly deploring the lack of Israeli cooperation in implementing Security Council
resolution 1405 (2002) of 19 April 2002, and in the preparation of the report,
Noting that a full and complete account of the events that took place in Jenin and in
other Palestinian cities could not be obtained,
Reiterating the obligation of Israel, the occupying Power, fully and effectively to
respect the Geneva Convention relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949,2 in the Occupied Palestinian Territory, including Jerusalem, and
noting that the Convention, which takes fully into account imperative military necessity,
has to be respected in all circumstances,
Gravely concerned at the tragic and violent events that have taken place since
September 2000 and at the continued violence in the Occupied Palestinian Territory,
including Jerusalem, as well as in Israel,
Gravely concerned also at the reoccupation of Palestinian cities, the continuation of
severe restrictions on the movement of persons and goods, the severe deterioration of the
economic situation and the living conditions, together with the dire humanitarian crisis
facing the Palestinian people,
Stressing the need to end the Israeli occupation,
_______________
1 A/ES-10/186.
2 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/ES-10/11
2
Emphasizing the importance of the safety and well-being of all civilians in the whole
Middle East region, and condemning all attacks against civilians on both sides,
1. Takes note of the report of the Secretary-General;1
2. Demands the immediate cessation of military incursions and all acts of
violence, terror, provocation, incitement and destruction;
3. Also demands the immediate withdrawal of the Israeli occupying forces from
Palestinian population centres towards a return to the positions held prior to September
2000;
4. Stresses the need for all concerned parties to ensure the safety of civilians, and
to respect the universally accepted norms of international humanitarian law;
5. Emphasizes the urgency of ensuring that medical and humanitarian
organizations are granted unhindered access to the Palestinian civilian population at all
times;
6. Stresses the need for the High Contracting Parties to follow up on the
implementation of the declaration adopted on 5 December 2001 by the Conference of High
Contracting Parties to the Fourth Geneva Convention;
7. Calls for the urgently needed assistance and services to help in alleviating the
current dire humanitarian situation facing the Palestinian people and to assist in rebuilding
and revitalizing the Palestinian economy, and expresses support for efforts in the
reconstruction of the Palestinian Authority, the reform of Palestinian institutions and the
holding of democratic and free elections;
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
meetings upon request from Member States.
19th plenary meeting
5 August 2002
United Nations A/RES/ES-10/12
General Assembly Distr.: General
25 September 2003
Tenth emergency special session
Agenda item 5
03 53063
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.12 and Add.1)]
ES-10/12. Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
The General Assembly,
Recalling the previous resolutions adopted at its tenth emergency special
session,
Recalling also Security Council resolutions 242 (1967) of 22 November 1967,
338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002) of
30 March 2002, 1403 (2002) of 4 April 2002, 1405 (2002) of 19 April 2002 and
1435 (2002) of 24 September 2002,
Reiterating its grave concern at the tragic and violent events that have taken
place since September 2000 which have caused enormous suffering and many
innocent victims throughout the Occupied Palestinian Territory, including East
Jerusalem, and in Israel,
Condemning the suicide bombings and their recent intensification, and
recalling in that regard that in the framework of the road map,1 the Palestinian
Authority has to take all necessary measures to end violence and terror,
Deploring the extrajudicial killings and their recent escalation, and underlining
that they are a violation of international law and international humanitarian law and
compromise the efforts to relaunch the peace process and must be stopped,
Reaffirming the illegality of the deportation of any Palestinian by Israel, the
occupying Power, and affirming its opposition to any such deportation,
Reiterating the need for respect, in all circumstances, of international
humanitarian law, including the Geneva Convention relative to the Protection of
Civilian Persons in Time of War of 12 August 1949,2
1. Reiterates its demand for the complete cessation of all acts of violence,
including all acts of terrorism, provocation, incitement and destruction;
_______________
1 S/2003/529, annex.
2 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/ES-10/12
2
2. Demands that Israel, the occupying Power, desist from any act of
deportation and cease any threat to the safety of the elected President of the
Palestinian Authority;
3. Expresses its full support for the efforts of the Quartet, and demands that
the two sides fully implement their obligations in accordance with the road map,1
and emphasizes in this context the importance of the forthcoming meeting of the
Quartet in New York;
4. Decides to adjourn the tenth emergency special session temporarily and
to authorize the current President of the General Assembly to resume its meeting
upon request from Member States.
20th plenary meeting
19 September 2003
United Nations A/RES/ES-10/13
General Assembly Distr.: General
27 October 2003
Tenth emergency special session
Agenda item 5
03 57917
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.15)]
ES-10/13. Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
The General Assembly,
Recalling its relevant resolutions, including resolutions of the tenth emergency
special session,
Recalling also Security Council resolutions 242 (1967) of 22 November 1967,
267 (1969) of 3 July 1969, 298 (1971) of 25 September 1971, 446 (1979) of
22 March 1979, 452 (1979) of 20 July 1979, 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 and 1397 (2002) of 12 March 2002,
Reaffirming the principle of the inadmissibility of the acquisition of territory
by force,
Reaffirming also its vision of a region where two States, Israel and Palestine,
live side by side within secure and recognized borders,
Condemning all acts of violence, terrorism and destruction,
Condemning in particular the suicide bombings and their recent intensification
with the attack in Haifa,
Condemning the bomb attack in the Gaza Strip, which resulted in the death of
three American security officers,
Deploring the extrajudicial killings and their recent intensification, in
particular the attack on 20 October 2003 in Gaza,
Stressing the urgency of ending the current violent situation on the ground, the
need to end the occupation that began in 1967, and the need to achieve peace based
on the vision of two States mentioned above,
Particularly concerned that the route marked out for the wall under
construction by Israel, the occupying Power, in the Occupied Palestinian Territory,
including in and around East Jerusalem, could prejudge future negotiations and
make the two-State solution physically impossible to implement and would cause
further humanitarian hardship to the Palestinians,
A/RES/ES-10/13
2
Reiterating its call upon Israel, the occupying Power, to fully and effectively
respect the Geneva Convention relative to the Protection of Civilian Persons in Time
of War of 12 August 1949,1
Reiterating its opposition to settlement activities in the Occupied Territories
and to any activities involving the confiscation of land, disruption of the livelihood
of protected persons and the de facto annexation of land,
1. Demands that Israel stop and reverse the construction of the wall in the
Occupied Palestinian Territory, including in and around East Jerusalem, which is in
departure of the Armistice Line of 1949 and is in contradiction to relevant
provisions of international law;
2. Calls upon both parties to fulfil their obligations under relevant
provisions of the road map,2 the Palestinian Authority to undertake visible efforts on
the ground to arrest, disrupt and restrain individuals and groups conducting and
planning violent attacks, and the Government of Israel to take no actions
undermining trust, including deportations and attacks on civilians and extrajudicial
killings;
3. Requests the Secretary-General to report on compliance with the present
resolution periodically, with the first report on compliance with paragraph 1 above
to be submitted within one month and upon receipt of which further actions should
be considered, if necessary, within the United Nations system;
4. Decides to adjourn the tenth emergency special session temporarily and
to authorize the current President of the General Assembly to resume its meeting
upon request from Member States.
22nd plenary meeting
21 October 2003
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 S/2003/529, annex.
United Nations A/RES/ES-10/14
General Assembly Distr.: General
12 December 2003
Tenth emergency special session
Agenda item 5
03 64927
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.16)]
ES-10/14. Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
The General Assembly,
Reaffirming its resolution ES-10/13 of 21 October 2003,
Guided by the principles of the Charter of the United Nations,
Aware of the established principle of international law on the inadmissibility of
the acquisition of territory by force,
Aware also that developing friendly relations among nations based on respect
for the principle of equal rights and self-determination of peoples is among the
purposes and principles of the Charter of the United Nations,
Recalling relevant General Assembly resolutions, including resolution 181 (II)
of 29 November 1947, which partitioned mandated Palestine into two States, one
Arab and one Jewish,
Recalling also the resolutions of the tenth emergency special session of the
General Assembly,
Recalling further relevant Security Council resolutions, including resolutions
242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 267 (1969) of
3 July 1969, 298 (1971) of 25 September 1971, 446 (1979) of 22 March 1979,
452 (1979) of 20 July 1979, 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 and 1515 (2003) of
19 November 2003,
Reaffirming the applicability of the Fourth Geneva Convention1 as well as
Additional Protocol I to the Geneva Conventions2 to the Occupied Palestinian
Territory, including East Jerusalem,
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 Ibid., vol 1125, No. 17512.
A/RES/ES-10/14
2
Recalling the Regulations annexed to the Hague Convention Respecting the
Laws and Customs of War on Land of 1907,3
Welcoming the convening of the Conference of High Contracting Parties to the
Fourth Geneva Convention on measures to enforce the Convention in the Occupied
Palestinian Territory, including Jerusalem, at Geneva on 15 July 1999,
Expressing its support for the declaration adopted by the reconvened
Conference of High Contracting Parties to the Fourth Geneva Convention at Geneva
on 5 December 2001,
Recalling in particular relevant United Nations resolutions affirming that
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,
are illegal and an obstacle to peace and to economic and social development as well
as those demanding the complete cessation of settlement activities,
Recalling relevant United Nations resolutions affirming that actions taken by
Israel, the occupying Power, to change the status and demographic composition of
Occupied East Jerusalem have no legal validity and are null and void,
Noting the agreements reached between the Government of Israel and the
Palestine Liberation Organization in the context of the Middle East peace process,
Gravely concerned at the commencement and continuation of construction by
Israel, the occupying Power, of a wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, which is in departure from the Armistice
Line of 1949 (Green Line) and which has involved the confiscation and destruction
of Palestinian land and resources, the disruption of the lives of thousands of
protected civilians and the de facto annexation of large areas of territory, and
underlining the unanimous opposition by the international community to the
construction of that wall,
Gravely concerned also at the even more devastating impact of the projected
parts of the wall on the Palestinian civilian population and on the prospects for
solving the Palestinian-Israeli conflict and establishing peace in the region,
Welcoming the report of 8 September 2003 of the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in the Palestinian
territories occupied by Israel since 1967,4 in particular the section regarding the
wall,
Affirming the necessity of ending the conflict on the basis of the two-State
solution of Israel and Palestine living side by side in peace and security based on the
Armistice Line of 1949, in accordance with relevant Security Council and General
Assembly resolutions,
Having received with appreciation the report of the Secretary-General,
submitted in accordance with resolution ES-10/13,5
_______________
3 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and
1907 (New York, Oxford University Press, 1915).
4 E/CN.4/2004/6.
5 A/ES-10/248.
A/RES/ES-10/14
3
Bearing in mind that the passage of time further compounds the difficulties on
the ground, as Israel, the occupying Power, continues to refuse to comply with
international law vis-à-vis its construction of the above-mentioned wall, with all its
detrimental implications and consequences,
Decides, in accordance with Article 96 of the Charter of the United Nations, to
request the International Court of Justice, pursuant to Article 65 of the Statute of the
Court, 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?
23rd plenary meeting
8 December 2003
United Nations A/RES/ES-10/15
General Assembly Distr.: General
2 August 2004
Tenth emergency special session
Agenda item 5
04 44018
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.18/Rev.1)]
ES-10/15. Advisory opinion of the International Court of
Justice on the Legal Consequences of the Construction
of a Wall in the Occupied Palestinian Territory,
including in and around East Jerusalem
The General Assembly,
Guided by the principles enshrined in the Charter of the United Nations,
Considering that the promotion of respect for the obligations arising from the
Charter and other instruments and rules of international law is among the basic
purposes and principles of the United Nations,
Recalling its 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 of 1907,1
Recalling also 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 to the Geneva Conventions,3
Recalling further the International Covenant on Civil and Political Rights,4 the
International Covenant on Economic, Social and Cultural Rights4 and the
Convention on the Rights of the Child,5
_______________
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 See resolution 2200 A (XXI), annex.
5 Resolution 44/25, annex.
A/RES/ES-10/15
2
Reaffirming the permanent responsibility of the United Nations towards the
question of Palestine until it is resolved in all aspects in a satisfactory manner on the
basis of international legitimacy,
Recalling relevant Security Council resolutions, including resolutions
242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 446 (1979) of
22 March 1979, 452 (1979) of 20 July 1979, 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 also the resolutions of its 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 on the status of the Occupied Palestinian Territory, including East
Jerusalem, resolution 58/292 of 6 May 2004,
Reaffirming also the right of the Palestinian people to self-determination,
including their right to their independent State of Palestine,
Reaffirming further 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,
Calling upon both parties to fulfil their obligations under relevant provisions
of the road map,6 the Palestinian Authority to undertake visible efforts on the ground
to arrest, disrupt and restrain individuals and groups conducting and planning
violent attacks, and the Government of Israel to take no actions undermining trust,
including deportations and attacks on civilians and extrajudicial killings,
Reaffirming that all States have the right and the duty to take actions in
conformity with international law and international humanitarian law to counter
deadly acts of violence against their civilian population in order to protect the lives
of their citizens,
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 it
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?”,
_______________
6 S/2003/529, annex.
A/RES//ES-10/15
3
Having received with respect the advisory opinion of the Court on the Legal
Consequences of the Construction of a Wall in the Occupied Palestinian Territory,
rendered on 9 July 2004,7
Noting in particular that the Court replied to the question put forth by the
General Assembly in resolution ES-10/14 as follows:8
“A. The construction of the wall being built by Israel, the occupying Power,
in the Occupied Palestinian Territory, including in and around 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”,9
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”,10 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)”,10
Considering that respect for the Court and its functions is essential to the rule
of law and reason in international affairs,
_______________
7 See A/ES-10/273 and Corr.1.
8 Ibid., para. 163.
9 Ibid., para. 120.
10 Ibid., para. 162.
A/RES/ES-10/15
4
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,7 including in and around East Jerusalem;
2. Demands that Israel, the occupying Power, comply with its legal
obligations as mentioned in the advisory opinion;
3. Calls upon all States Members of the United Nations to comply with
their legal obligations as mentioned in the advisory opinion;
4. Requests the Secretary-General to establish a register of damage caused
to all 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 the present
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 upon both the Government of Israel and the Palestinian Authority
to immediately implement their obligations under the road map,6 in cooperation
with the Quartet, as 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 Convention2 to ensure
respect by Israel for the Convention, and invites Switzerland, in its capacity as the
depositary of the Geneva Conventions,11 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.
27th plenary meeting
20 July 2004
_______________
11 United Nations, Treaty Series, vol. 75, Nos. 970–973.
United Nations A/RES/ES-10/16*
General Assembly Distr.: General
4 April 2007
Tenth emergency special session
Agenda item 5
06-63829*
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.19 and Add.1)]
ES-10/16. Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
*
The General Assembly,
Recalling its relevant resolutions, including resolutions of the tenth emergency
special session,
Reaffirming Security Council resolutions 242 (1967) of 22 November 1967,
338 (1973) of 22 October 1973, 446 (1979) of 22 March 1979, 1322 (2000) of
7 October 2000, 1397 (2002) of 12 March 2002, 1402 (2002) of 30 March 2002,
1403 (2002) of 4 April 2002, 1405 (2002) of 19 April 2002, 1435 (2002) of
24 September 2002, 1515 (2003) of 19 November 2003 and 1544 (2004) of 19 May
2004,
Reaffirming also the applicability of the rules and principles of international
law, including humanitarian and human rights laws, in particular the Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949,1 to the Occupied Palestinian Territory, including East Jerusalem,
Expressing grave concern at the continued deterioration of the situation on the
ground in the Palestinian Territory occupied by Israel since 1967 during the recent
period, particularly as a result of the use of force by Israel, the occupying Power,
which has caused extensive loss of civilian Palestinian life and injuries, including
among children and women,
Deeply deploring the military actions being carried out by Israel, the
occupying Power, in the Gaza Strip, which have caused loss of life and extensive
destruction of Palestinian property and vital infrastructure,
Deeply deploring also the killing of many Palestinian civilians, including
children and women, by Israel, the occupying Power, that took place in Beit Hanoun
on 8 November 2006,
_______________
* Reissued for technical reasons.
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/ES-10/16
2
Deeply deploring further the firing of rockets from Gaza into Israel,
Emphasizing the importance of the safety and well-being of all civilians and
condemning all attacks against civilians on both sides, and stressing that the parties
must respect their obligations, including by putting an end to violence,
1. Calls upon Israel, the occupying Power, to immediately cease its military
operations that endanger the Palestinian civilian population in the Occupied
Palestinian Territory, including East Jerusalem, and to immediately withdraw its
forces from within the Gaza Strip to positions held prior to 28 June 2006;
2. Calls for the immediate cessation of military operations and all acts of
violence, terror, provocation, incitement and destruction between the Israeli and
Palestinian sides, including extrajudicial executions, bombardment against civilian
areas, air raids and the firing of rockets, as was agreed in the Sharm el-Sheikh
understandings of 8 February 2005;
3. Requests the Secretary-General to establish a fact-finding mission on the
attack that took place in Beit Hanoun on 8 November 2006 and to report thereon to
the General Assembly within thirty days;
4. Calls upon Israel, the occupying Power, to scrupulously abide by its
obligations and responsibilities under the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 in the Occupied
Palestinian Territory, including East Jerusalem;
5. Calls upon the Palestinian Authority to take immediate and sustained
action to bring an end to violence, including the firing of rockets on Israeli territory;
6. Emphasizes the need to preserve Palestinian institutions, infrastructure
and properties;
7. Expresses grave concern about the dire humanitarian situation of the
Palestinian people, and calls for the continued provision of emergency assistance to
them;
8. Emphasizes the urgency of ensuring that medical and humanitarian
organizations are granted unhindered access to the Palestinian civilian population at
all times and of allowing the severely injured a speedy exit outside the Occupied
Palestinian Territory for needed treatment, and emphasizes also the importance of
the implementation of the Agreement of Movement and Access of November 2005;
9. Calls upon the Quartet, together with the international community, to
take immediate steps to stabilize the situation and restart the peace process,
including through the possible establishment of an international mechanism for the
protection of civilian populations;
10. Calls upon the parties, with the support of the international community,
to take immediate steps, including confidence-building measures, aimed at the early
resumption of direct peace negotiations towards the conclusion of a final peaceful
settlement;
A/RES/61/ES-10/16
3
11. Stresses the importance of and the need to achieve a just, comprehensive,
and lasting peace in the Middle East, based on all relevant Security Council
resolutions, including resolutions 242 (1967), 338 (1973), 1397 (2002) and
1515 (2003), the Madrid terms of reference, the principle of land for peace, the Arab
Peace Initiative adopted by the League of Arab States at its fourteenth session, held
in Beirut on 27 and 28 March 2002,2 and the road map;3
12. Requests the Secretary-General to report to the General Assembly on the
implementation of the present resolution in a timely manner;
13. 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.
29th plenary meeting
17 November 2006
_______________
2 A/56/1026-S/2002/932, annex II, resolution 14/221.
3 S/2003/529, annex.
United Nations A/RES/ES-10/17
General Assembly Distr.: General
24 January 2007
Tenth emergency special session
Agenda item 5
06-66972
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.20/Rev.1)]
ES-10/17. Establishment of the United Nations Register of
Damage Caused by the Construction of the Wall
in the Occupied Palestinian Territory
The General Assembly,
Guided by the principles enshrined in the Charter of the United Nations and
the rules and principles of international law, including international humanitarian
law and human rights law,
Reaffirming the permanent responsibility of the United Nations towards the
question of Palestine until it is resolved in all its aspects in a satisfactory manner on
the basis of international legitimacy,
Recalling the relevant resolutions of the Security Council,
Recalling also its relevant resolutions, including the resolutions of its tenth
emergency special session on illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory,
Recalling further the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the Legal Consequences of the Construction of a
Wall in the Occupied Palestinian Territory,1 and recalling in particular the Court’s
reply to the question put forth by the General Assembly in resolution ES-10/14 of
8 December 2003, as set forth in the dispositif of the advisory opinion,2
Recalling in this regard the Court’s conclusion that, inter alia, “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”,
Reaffirming its resolution ES-10/15 of 20 July 2004 entitled “Advisory
opinion of the International Court of Justice on the legal consequences of the
construction of a wall in the Occupied Palestinian Territory, including in and around
East Jerusalem”,
_______________
1 See A/ES-10/273 and Corr.1.
2 Ibid., para. 163.
A/RES/ES-10/17
2
Recalling the request made in resolution ES-10/15 for the Secretary-General to
establish a register of damage caused to all natural or legal persons concerned in
connection with paragraphs 152 and 153 of the advisory opinion,
Noting in this connection the Court’s conclusion whereby, inter alia:
Israel is accordingly under an obligation to return the land, orchards, olive
groves and other immovable property seized from any natural or legal person
for purposes of construction of the wall in the Occupied Palestinian Territory.
In the event that such restitution should prove to be materially impossible,
Israel has an obligation to compensate the persons in question for the damage
suffered. The Court considers that Israel also has an obligation to compensate,
in accordance with the applicable rules of international law, all natural or legal
persons having suffered any form of material damage as a result of the wall’s
construction,3
Deploring the continuing construction, contrary to international law, by Israel,
the occupying Power, of the wall in the Occupied Palestinian Territory, including in
and around East Jerusalem, against the conclusions of the International Court of
Justice in its advisory opinion of 9 July 2004 and resolution ES-10/15 and in breach
of the applicable rules and principles of international law,
Recognizing the necessity of accurately documenting the damage caused by
the construction of the wall for the purpose of fulfilling the obligation to make the
above-mentioned reparations, including restitution and compensation, in accordance
with the rules and principles of international law, and noting that the act of
registration of damage, as such, does not entail, at this stage, an evaluation or
assessment of the loss or damage caused by the construction of the wall,
Taking note with appreciation of the report of the Secretary-General of
17 October 2006 pursuant to resolution ES-10/15,4
1. Reaffirms its resolution ES-10/15 entitled “Advisory opinion of the
International Court of Justice on the legal consequences of the construction of a
wall in the Occupied Palestinian Territory, including in and around East Jerusalem”,
and reiterates the demands made therein, inter alia, the demand that Israel, the
occupying Power, comply with its legal obligations as mentioned in the advisory
opinion;
2. Takes note with appreciation of the report of the Secretary-General
submitted pursuant to resolution ES-10/15;4
3. Establishes the United Nations Register of Damage Caused by the
Construction of the Wall in the Occupied Palestinian Territory:
(a) To serve as a record, in documentary form, of the damage caused to all
natural and legal persons concerned as a result of the construction of the wall by
Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem;
(b) To be referred to henceforth in brief as the “Register of Damage”;
_______________
3 Ibid., para. 153.
4 A/ES-10/361.
A/RES/ES-10/17
3
4. Decides to set up an office of the Register of Damage, which will be:
(a) Responsible for the establishment and comprehensive maintenance of the
Register of Damage;
(b) Composed of a three-member Board and a small secretariat, headed by
an Executive Director and consisting of substantive, administrative and technical
support staff;
(c) A subsidiary organ of the General Assembly operating under the
administrative authority of the Secretary-General;
(d) Established at the site of the United Nations Office at Vienna;
5. Requests the Secretary-General to appoint the three-member Board of the
Office of the Register of Damage, according to the selection criteria in the abovementioned
report, at the earliest practicable date;
6. Decides that the responsibilities assumed by the Board of the Office of
the Register of Damage shall be as follows:
(a) The Board shall have overall responsibility for the establishment and
maintenance of the Register of Damage;
(b) The Board shall establish the rules and regulations governing the work of
the Office of the Register of Damage;
(c) The Board shall determine the eligibility criteria, bearing in mind
varying circumstances with regard to the title and residency status of the claimants,
for the inclusion of damages and losses caused in the Register of Damage with an
established causal link to the construction of the wall;
(d) The Board shall, guided by the relevant findings of the advisory opinion,
general principles of international law and principles of due process of law, also
determine the criteria of damage and the procedure for the collection and
registration of damage claims;
(e) The Board, on the recommendation of the Executive Director, shall have
the ultimate authority in determining the inclusion of damage claims in the Register
of Damage;
(f) The Board shall meet at least four times each year at the Office of the
Register of Damage to determine which claims should be included in the Register of
Damage, based on the established objective criteria defined in the rules and
regulations;
(g) The Board shall engage, periodically and as deemed necessary, the
expertise of technical specialists in relevant fields, inter alia, agriculture, land law,
topography and assessment and compensation, to assist it in establishing and
maintaining the Register of Damage;
(h) The Board shall render progress reports periodically to the Secretary-
General for transmission to the General Assembly, including, as appropriate,
possible further steps in connection with paragraphs 152 and 153 of the advisory
opinion;
7. Requests the Secretary-General to appoint, at the earliest practicable
date, the Executive Director of the Office of the Register of Damage, who shall:
(a) Have responsibility for overseeing and administrating the work of the
secretariat of the Office of the Register of Damage;
A/RES/ES-10/17
4
(b) Be responsible for forwarding all damage claims to the Board for its
approval for inclusion in the Register of Damage and serve in an advisory capacity
to the Board in this regard;
8. Decides that the secretariat of the Office of the Register of Damage shall
provide substantive, technical and administrative support for the establishment and
maintenance of the Register of Damage by undertaking, inter alia, the following
functions:
(a) Designing the format of the damage claims;
(b) Administering a public awareness programme to inform the Palestinian
public about the possibility of and the requirements for filing a damage claim for
registration, including an extensive community outreach programme to explain the
purpose of the Register of Damage and provide guidance on how to fill out and
submit the claim forms;
(c) Receiving and processing all damage claims and establishing the
credibility of the causal link of those claims to the construction of the wall for
registration in the Register of Damage;
(d) Submitting all processed damage claims through the Executive Director
to the Board for inclusion in the Register of Damage;
(e) Aggregating and maintaining the records of damage claims approved by
the Board, including both hard copies of the claims and their electronic version,
which shall be maintained at the Office of the Register of Damage;
(f) Providing legal advice regarding the operations of the Office of the
Register of Damage and the submitted claims;
9. Resolves that the Register of Damage shall remain open for registration
for the duration of existence of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem;
10. Resolves also that the Office of the Register of Damage shall remain
active for the duration of the process of registration and shall carry out the specific
functions and directives ascribed to it by the Secretary-General in his report, as set
out in the present resolution, and such additional functions as requested by the
General Assembly upon recommendation by the Secretary-General;
11. Calls for the establishment and operation of the Office of the Register of
Damage and the establishment of the Register of Damage itself within six months of
the adoption of the present resolution and the immediate undertaking thereafter of
the process of registration of damage claims;
12. Instructs the Office of the Register of Damage, immediately upon its
establishment, to seek the cooperation of the concerned Governments and
authorities so as to facilitate its work in connection with the collection, submission
and processing of damage claims in the Occupied Palestinian Territory, including
East Jerusalem;
13. Calls upon the Government of Israel and the Palestinian Authority and
relevant Palestinian institutions to cooperate with the Office of the Register of
Damage;
14. Calls upon the Secretary-General to instruct the United Nations agencies
and offices present on the ground in the Occupied Palestinian Territory to lend their
A/RES/ES-10/17
5
support and expertise to the Office of the Register of Damage, upon its request, so
as to facilitate its work;
15. Requests the Secretary-General to provide the necessary staff and
facilities and to make appropriate arrangements to provide the necessary funds
required to carry out the terms of the present resolution;
16. Also requests the Secretary-General to report to the General Assembly
within six months on the progress made with regard to the establishment and
operation of the Office of the Register of Damage and the establishment of the
Register of Damage;
17. 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 the meeting of the special session upon request from Member States.
31st plenary meeting
15 December 2006
United Nations A/RES/ES-10/18
General Assembly Distr.: General
23 January 2009
Tenth emergency special session
Agenda item 5
09-21279
_______________
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/ES-10/L.21/Rev.1)]
ES-10/18. General Assembly resolution supporting the immediate
ceasefire according to Security Council resolution
1860 (2009)
The General Assembly,
Reaffirming the permanent responsibility of the United Nations with regard to
the question of Palestine until it is solved in all its aspects, in accordance with
international law,
Recalling the relevant rules and principles of international law, including
international humanitarian and human rights law, particularly the Fourth Geneva
Convention relative to the Protection of Civilian Persons in Time of War of
12 August 1949, 1 which is applicable to the Occupied Palestinian Territory,
including East Jerusalem,
Expressing grave concern about the developments on the ground since the
adoption of Security Council resolution 1860 (2009) on 8 January 2009, especially
following the intensified military operations in the Gaza Strip, causing heavy
casualties among civilians, including children and women, and the shelling of
United Nations headquarters, hospitals, media premises and public infrastructure,
and emphasizing that the Palestinian and Israeli civilian populations must be
protected and that their suffering must end,
Convinced that achieving a just, lasting and comprehensive settlement of the
question of Palestine, the core of the Arab-Israeli conflict, is imperative for the
attainment of comprehensive, just and lasting peace and stability in the Middle East,
1. Demands full respect for Security Council resolution 1860 (2009),
including its urgent call for an immediate, durable and fully respected ceasefire,
leading to the full withdrawal of Israeli forces from the Gaza Strip, and its call for
the unimpeded provision and distribution throughout the Gaza Strip of humanitarian
assistance, including food, fuel and medical treatment;
2. Calls upon all parties to exert all efforts to ensure, in cooperation with
the Security Council, full and urgent compliance with resolution 1860 (2009);
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/ES-10/18
3. Expresses its support for international and regional initiatives and efforts
under way and for the mission undertaken by the Secretary-General of the United
Nations;
4. Expresses its support for the extraordinary efforts by the United Nations
agencies, particularly the United Nations Relief and Works Agency for Palestine
Refugees in the Near East, to provide emergency relief, medical and other
humanitarian assistance to the Palestinian civilian population in the Gaza Strip;
5. Calls upon all Member States to urgently extend the necessary support to
international and regional efforts aimed at alleviating the critical humanitarian and
economic situation in the Gaza Strip, and emphasizes in this regard the need to
ensure the sustained opening of border crossings for the free movement of persons
and goods into and out of the Gaza Strip, in accordance with the Agreement on
Movement and Access of 15 November 2005;
6. 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.
36th plenary meeting
16 January 2009
2
United Nations A/RES/ES-10/19
General Assembly
Distr.: General
22 December 2017
17-23178 (E) 100118
*1723178*
Tenth emergency special session
Agenda item 5
Resolution adopted by the General Assembly
on 21 December 2017
[without reference to a Main Committee (A/ES-10/L.22 and A/ES-10/L.22/Add.1)]
ES-10/19. Status of Jerusalem
The General Assembly,
Reaffirming its relevant resolutions, including resolution 72/15 of 30 November
2017 on Jerusalem,
Reaffirming also the relevant resolutions of the Security Council, including
resolutions 242 (1967) of 22 November 1967, 252 (1968) of 21 May 1968,
267 (1969) of 3 July 1969, 298 (1971) of 25 September 1971, 338 (1973) of
22 October 1973, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980,
476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980 and 2334 (2016) of
23 December 2016,
Guided by the purposes and principles of the Charter of the United Nations, and
reaffirming, inter alia, the inadmissibility of the acquisition of territory by force,
Bearing in mind the specific status of the Holy City of Jerusalem and, in
particular, the need for the protection and preservation of the unique spiritual,
religious and cultural dimensions of the city, as foreseen in relevant United Nations
resolutions,
Stressing that Jerusalem is a final status issue to be resolved through
negotiations in line with relevant United Nations resolutions,
Expressing, in this regard, its deep regret at recent decisions concerning the
status of Jerusalem,
1. Affirms that any decisions and actions which purport to have altered the
character, status or demographic c omposition of the Holy City of Jerusalem have no
legal effect, are null and void and must be rescinded in compliance with relevant
resolutions of the Security Council, and in this regard calls upon all States to refrain
from the establishment of diplomatic missions in the Holy City of Jerusalem, pursuant
to Council resolution 478 (1980);
A/RES/ES-10/19 Status of Jerusalem
2/2 17-23178
2. Demands that all States comply with Security Council resolutions
regarding the Holy City of Jerusalem, and not recognize any actions or measures
contrary to those resolutions;
3. Reiterates its call for the reversal of the negative trends on the ground that
are imperilling the two-State solution and for the intensification and acceleration of
international and regional efforts and support aimed at achieving, without del ay, a
comprehensive, just and lasting peace in the Middle East on the basis of the relevant
United Nations resolutions, the Madrid terms of reference, including the principle of
land for peace, the Arab Peace Initiative 1 and the Quartet road map,2 and an end to
the Israeli occupation that began in 1967;
4. 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.
37th plenary meeting
21 December 2017
__________________
1 A/56/1026-S/2002/932, annex II, resolution 14/221.
2 S/2003/529, annex.
United Nations A/RES/ES-10/20
General Assembly Distr.: General
18 June 2018
18-09784 (E) 200618
*1809784*
Tenth emergency special session
Agenda item 5
Resolution adopted by the General Assembly
on 13 June 2018
[without reference to a Main Committee (A/ES-10/L.23 and A/ES-10/L.23/Add.1)]
ES-10/20. Protection of the Palestinian civilian population
The General Assembly,
Recalling its relevant resolutions regarding the question of Palestine,
Recalling also its relevant resolutions on the protection of civilians, including
resolution 71/144 of 13 December 2016 on the status of the Protocols Additional to
the Geneva Conventions of 1949 and relating to the protection of victims of armed
conflicts, resolution 72/131 of 11 December 2017 on the safety and security of
humanitarian personnel and protection of United Nations personnel and resolution
72/175 of 19 December 2017 on the safety of journalists and the issue of impunity,
Recalling further the relevant reports of the Secretary-General, including the
most recent report, of 14 May 2018, on the protection of civilians in armed conflict, 1
Recalling all relevant resolutions of the Security Council, including, inter alia,
resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973,
605 (1987) of 22 December 1987, 904 (1994) of 18 March 1994, 1397 (2002) of
12 March 2002, 1515 (2003) of 19 November 2003, 1544 (2004) of 19 May 2004,
1850 (2008) of 16 December 2008, 1860 (2009) of 8 January 2009 and 2334 (2016)
of 23 December 2016,
Recalling also the statement by the President of the Security Council of
28 July 2014,2
Bearing in mind the letter dated 21 October 2015 from the Secretary-General
addressed to the President of the Security Council, 3
__________________
1 S/2018/462.
2 S/PRST/2014/13; see Resolutions and Decisions of the Security Council , 1 August 2013–31 July
2014 (S/INF/69).
3 S/2015/809.
A/RES/ES-10/20 Protection of the Palestinian civilian population
2/4 18-09784
Recalling Security Council resolutions on the protection of civilians in armed
conflict, including resolutions on children and armed conflict, including, inter alia,
resolutions 1894 (2009) of 11 November 2009 and 2225 (2015) of 18 June 2015, as
well as relevant statements by its President, and resolutions on the protection of
medical and humanitarian personnel and on the protection of journalists, media
professionals and associated personnel in armed conflicts, including, inter alia,
resolutions 2222 (2015) of 27 May 2015 and 2286 (2016) of 3 May 2016, as well as
other relevant resolutions and statements by its President,
Reaffirming the obligation to respect and ensure respect for international
humanitarian law in all circumstances in accordance with article 1 of the Geneva
Conventions of 12 August 1949,4
Expressing its grave concern at the escalation of violence and tensions and the
deterioration of the situation in the Occupied Palestinian Territory, including East
Jerusalem, in particular since 30 March 2018, and its deep alarm at the loss of civilian
lives and the high number of casualties among Palestinian civilians, particularly in
the Gaza Strip, including casualties among children , caused by the Israeli forces,
Condemning all acts of violence against civilians, including acts of terror, as
well as all acts of provocation, inc itement and destruction,
Reaffirming the right to peaceful assembly and protest, and freedom of
expression and of association,
Emphasizing the need to pursue measures of accountability, and stressing in this
regard the importance of ensuring independent and transparent investigations in
accordance with international standards,
Alarmed at the exacerbation of the dire humanitarian crisis in the Gaza Strip,
and stressing the need to achieve a sustainable solution to this crisis in line with
international law,
Stressing the particular impact that armed conflict has on women and children,
including as refugees and displaced persons, as well as on other civilians who may
have specific vulnerabilities, including persons with disabilities and older persons,
and stressing the need for the Security Council and Memb er States to strengthen
further the protection of civilians,
Recalling that a lasting solution to the Israeli -Palestinian conflict can only be
achieved by peaceful means in accordance with international law and the relevant
United Nations resolutions and through credible and direct negotiations,
Stressing that the Gaza Strip constitutes an integral part of the Palestin ian
territory occupied in 1967,
Reaffirming the right of all States in the region to live in peace within secure
and internationally recognized borders,
1. Calls for full respect by all parties for international human rights law and
international humanitarian law, including in regard to the protection of the civilian
population, and reiterates the need to take appropriate steps to ensure th e safety and
well-being of civilians and ensure their protection, as well as to ensure accountability
for all violations;
2. Deplores the use of any excessive, disproportionate and indiscriminate
force by the Israeli forces against Palestinian civilians in the Occupied Palestinian
Territory, including East Jerusalem, and particularly in the Gaza Strip, including the
__________________
4 United Nations, Treaty Series, vol. 75, Nos. 970–973.
Protection of the Palestinian civilian population A/RES/ES-10/20
18-09784 3/4
use of live ammunition against civilian protesters, including children, as well as
medical personnel and journalists, and expresses its grave concern at the loss of
innocent lives;
3. Demands that Israel, the occupying Power, refrain from such actions and
fully abide by its legal obligations and responsibilities under the fourth Geneva
Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949;5
4. Deplores any actions that could provoke violence and endanger civilian
lives, and calls upon all actors to ensure that protests remain peaceful;
5. Also deplores the firing of rockets from the Gaza Strip against Israeli
civilian areas;
6. Calls for urgent steps to ensure an immediate, durable and fully respected
ceasefire;
7. Also calls for the exercise of maximum restraint and calm by all parties,
and stresses the need for immediate and significant steps to stabilize the situation and
to reverse negative trends on the ground;
8. Stresses the need to respond to situations of armed conflict where civilians
are being targeted or humanitarian assistance to civilians is being deliberately
obstructed, including through the consideration of appropriate measures that may be
taken in accordance with the Charter of the United Nations;
9. Calls for the consideration of measures to guarantee the safety and
protection of the Palestinian civilian population in the Occupied Palestinian Territor y,
including in the Gaza Strip;
10. Also calls for immediate steps towards ending the closure and the
restrictions imposed by Israel on movement and access into and out of the Gaza Strip,
including through the sustained opening of the crossing points of the Gaza Strip for
the flow of humanitarian aid, commercial goods and persons in accordance with
international law, including as it pertains to legitimate security requireme nts;
11. Demands that all parties cooperate with medical and humanitarian
personnel to allow and facilitate unimpeded access to the civilian population, and
calls for the cessation of all forms of viole nce and intimidation directed against
medical and humanitarian personnel;
12. Urges the provision of immediate and unimpeded humanitarian assistance
to the Palestinian civilian population in the Gaza Strip, bearing in mind critical
medical, food, water and fuel needs, and urges increased support to the United
Nations Relief and Works Agency for Palestine Refugees in the Near East,
recognizing the vital role of the Agency, alongside other United Nations agencies and
humanitarian organizations, in providing humanitarian and emergency assistance,
notably in the Gaza Strip;
13. Encourages tangible steps towards intra-Palestinian reconciliation,
including in support of the mediation efforts of Egypt, and concrete steps to reunite
the Gaza Strip and the West Bank under the legitimate Palestinian Government and
ensure its effective functioning in the Gaza Strip;
14. Welcomes and urges further engagement by the Secretary-General and the
United Nations Special Coordinator for the Middle East Peace Process and Personal
Representative of the Secretary-General to the Palestine Liberation Organizat ion and
the Palestinian Authority to assist, in cooperation with concerned partners, in the
__________________
5 Ibid., No. 973.
A/RES/ES-10/20 Protection of the Palestinian civilian population
4/4 18-09784
efforts to immediately de-escalate the situation and address urgent infrastructure,
humanitarian and economic development needs, including through the implementatio n
of projects endorsed by the Ad Hoc Liaison Committee for the Coordination of the
International Assistance to Palestinians;
15. Requests the Secretary-General to examine the present situation and to
submit a written report, as soon as possible, but not l ater than 60 days from the
adoption of the present resolution, containing, inter alia, his proposals on ways and
means for ensuring the safety, protection and well -being of the Palestinian civilian
population under Israeli occupation, including, inter alia , recommendations regarding
an international protection mechanism;
16. Calls for renewed and urgent efforts to create the conditions necessary to
launch credible negotiations on all final status issues to achieve, without delay, an
end to the Israeli occupation that began in 1967 and a comprehensive, just and lasting
comprehensive peace based on the vision of a region where two democratic States,
Israel and Palestine, live side by side in peace with secure and recognized borders, on
the basis of the relevant United Nations resolutions, the Madrid terms of reference,
including the principle of land for peace, the Arab Peace Initiative 6 and the Quartet
road map,7 as called for in Security Council resolution 2334 (2016) and other relevant
resolutions;
17. 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.
38th plenary meeting
13 June 2018
__________________
6 A/56/1026-S/2002/932, annex II, resolution 14/221.
7 S/2003/529, annex.
UNITED NATIONS A S
General Assembly
Security Council
Distr.
GENERAL
A/ES-10/6
S/1997/494
26 June 1997
ENGLISH
ORIGINAL: ENGLISH/FRENCH/
RUSSIAN/SPANISH
GENERAL ASSEMBLY SECURITY COUNCIL
Tenth emergency special session Fifty-second year
Agenda item 5
ILLEGAL ISRAELI ACTIONS IN
OCCUPIED EAST JERUSALEM AND
THE REST OF THE OCCUPIED
PALESTINIAN TERRITORY
Report of the Secretary-General submitted in accordance
with General Assembly resolution ES-10/2
CONTENTS
Paragraphs Page
I. INTRODUCTION ......................................... 1 3
II. CONSULTATIONS WITH ISRAEL AND THE PALESTINIAN
AUTHORITY ............................................ 2 - 14 3
III. REPORT PREPARED PURSUANT TO PARAGRAPH 19 OF
RESOLUTION ES-10/2 ................................... 15 - 26 7
IV. REPLIES FROM MEMBER STATES ........................... 27 10
Australia ........................................................ 10
Colombia ......................................................... 11
Democratic People's Republic of Korea ............................ 11
Egypt ............................................................ 11
Japan ............................................................ 12
Jordan ........................................................... 12
97-17631 (E) 270697 /...
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CONTENTS (continued)
Page
Netherlands ...................................................... 13
Norway ........................................................... 13
Russian Federation ............................................... 14
Saudi Arabia ..................................................... 14
Tunisia .......................................................... 15
V. REPLY FROM THE OBSERVER MISSION OF PALESTINE ..................... 15
/...
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I. INTRODUCTION
1. The present report is submitted pursuant to resolution ES-10/2 adopted on
25 April 1997 by the General Assembly at its tenth emergency special session.
Operative paragraph 9 of the resolution reads as follows:
"9. Requests the Secretary-General to monitor the situation and to
submit a report on the implementation of the present resolution, within two
months of its adoption, in particular on the cessation of the construction
of the new settlement in Jebel Abu Ghneim and of all other illegal Israeli
actions in occupied East Jerusalem and the rest of the Occupied Palestinian
Territory."
II. CONSULTATIONS WITH ISRAEL AND THE PALESTINIAN AUTHORITY
2. In order to comply with the above request, it was my intention to dispatch
a Special Envoy to the area. Accordingly, I instructed the Under-Secretary-
General for Political Affairs to contact the Permanent Mission of Israel to
discuss the scope of such a mission.
3. In the course of consultations held in early May, the Chargé
d'affaires a.i. of the Permanent Mission of Israel to the United Nations and the
Under-Secretary-General for Political Affairs discussed steps that might be
taken pursuant to resolution ES-10/2. In a letter dated 6 May 1997, the
representative of Israel informed me that he had communicated to the Under-
Secretary-General Israel's concerns over some of the proposals that his
Government found problematic. Those concerns involved the sending of a United
Nations representative to the region or the enlistment of United Nations
personnel already in the area to assist in the preparation of my report, and the
sending of communications to Member States to request reports on the
implementation of operative paragraphs 7 and 8 of resolution ES-10/2. At the
request of the representative of Israel, and in the light of those concerns,
further consultations were held.
4. In a letter dated 8 May 1997 the Under-Secretary-General for Political
Affairs informed the Chargé d'affaires a.i. of Israel of my intention to
nominate an Envoy to visit the area in question. The Envoy would undertake the
monitoring called for in the resolution and report his findings to me. In early
June 1997, I met Mr. Yasser Arafat, President of the Palestinian Authority, in
Harare on the occasion of the summit of the Organization of African Unity. He
expressed support for my proposal to send a Special Envoy to Israel and the
occupied territories.
5. On 14 May 1997, I addressed a note verbale to all Member States requesting
them to submit by 12 June 1997 any information relevant to the implementation of
that resolution. A request for information was also addressed to the Permanent
Observer of Palestine to the United Nations.
6. Throughout May and into the first half of June, further consultations were
held between the Chargé d'affaires a.i. of Israel and the Under-Secretary-
/...
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General for Political Affairs to discuss the terms of reference of the proposed
mission. In the course of those consultations the representative of Israel
reiterated that a visit should be based on his Government's invitation and not
be associated with the General Assembly resolution. While visiting the area,
the representative's interlocutors would be exclusively the Government of Israel
and the Palestinian Authority. Any views expressed by others whom the
representative met on either side should not be reflected in the report of the
Secretary-General. Furthermore, if the visit were to take place, the
construction of housing in Har Homa (Jebel Abu Ghneim) should be the only issue
to be reflected in the report to the General Assembly. Visits to settlements
other than Har Homa (Jebel Abu Ghneim) should not take place.
7. In his letter to me of 2 June 1997, the Chargé d'affaires a.i. of Israel
stated that the General Assembly resolution had not requested me to send an
Envoy to visit the area. Prior to the adoption of the resolution, such a
proposal had been deliberately removed from a draft of it, which indicated to
him that the sending of an Envoy was not the will of the General Assembly. He
added that even though the resolution had not called for the dispatch of an
Envoy, and despite the concerns of Israel that such a step could stir up
emotions and hinder the peace process, his Government remained prepared to
welcome my representative. His Government also offered to place at my disposal,
and at that of my representative, all relevant information.
8. In a letter dated 5 June 1997, I informed the Chargé d'affaires a.i. of
Israel of my proposal to dispatch to Israel and the occupied territories the
Under-Secretary-General for Political Affairs, Mr. Kieran Prendergast, as my
Special Envoy. I indicated that the terms of reference for his visit would be
to discuss with the Government of Israel any matter which it chose to raise with
him and, based on those discussions as well as on consultations with the
Palestinian Authority, to provide me with information that would enable me to
prepare the report requested by the General Assembly in its resolution ES-10/2.
I also stated that the primary focus of both the mission of my Special Envoy and
my report would be the construction of housing in Jebel Abu Ghneim/Har Homa.
However, I informed him that my Special Envoy would not decline to discuss other
topics, should the Government of Israel or his other interlocutors choose to
raise them. Similarly, while his principal interlocutors would be the Government
of Israel and the Palestinian Authority, my Special Envoy would be ready to meet
other parties should they request to see him.
9. In his reply dated 9 June 1997, the Chargé d'affaires a.i. of Israel
confirmed that his Government was, in principle, prepared to welcome a
representative of the Secretary-General, but that such a visit should not be
associated with the resolution adopted by the General Assembly and should only
take place after the terms of reference had been agreed upon. His Government's
views with regard to the terms of reference, he said, were as stated in the
conversations between myself and the Director-General of the Ministry of Foreign
Affairs that took place on 16 May and in conversations he had with me and the
Under-Secretary-General for Political Affairs and not those reflected in my
letter of 5 June 1997. He added that it would be regrettable if the visit of my
representative "were to have a negative effect on the current efforts to renew
the peace process, and in particular the negotiations between Israel and the
Palestinians".
/...
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10. In a letter dated 10 June 1997 to the Chargé d'affaires a.i. of Israel, I
noted his position that the visit of my Special Envoy should not be associated
with the General Assembly resolution. However, I also noted that from my
perspective the main purpose of the visit was to lay the ground for the report
requested by the General Assembly. Therefore, I added, the restrictions he
wished to impose (see para. 6 above) would constrain a visit by my Special Envoy
to the point where he could not adequately carry out the task of assisting me in
preparing my report. I expressed my hope that the visit could take place on the
basis set out in my letter of 5 June 1997. In order to allow time to complete
the report by 25 June 1997, as requested in the resolution, my Special Envoy
would need to leave New York not later than 14 June 1997.
11. In a reply dated 13 June 1997, the Chargé d'affaires a.i. of Israel stated
that his Government believed that there had been no procedural or substantive
justification for the convening of the emergency special session concerning the
construction of a residential neighbourhood in Jerusalem. He reiterated that
his country categorically rejected the one-sided resolution adopted at that
session which he said stood in contradiction to the peace process and its
principles. He repeated that the resolution did not require the Secretary-
General to send an Envoy to the area, and that such a visit at that juncture
could be detrimental to the efforts to renew the peace process and, in
particular, the negotiations between Israel and the Palestinians.
Notwithstanding the above, Israel had made a genuine effort to facilitate a
visit by my representative, "asking only that such a visit should not be
associated with the resolution and should only take place after the terms of
reference for the visit had been agreed upon". Despite the effort of his
Government, he added, it was understood from my letter of 10 June 1997 that I
would not be able to send an Envoy on that basis.
12. In a further letter dated 19 June 1997, the Chargé d'affaires a.i. of
Israel, in reference to the procedural aspects of the emergency special session
of the General Assembly, indicated that: (a) the controversy over the building
of a new neighbourhood in Jerusalem could not be considered, by any stretch of
the imagination, a "threat to international peace and security"; (b) no
determination had been made by the Security Council, during its two sessions on
the subject, that the controversy constituted a "threat to international peace
and security"; and (c) it should be noted that the procedure for the calling of
an emergency special session had not been put into use for 15 years. It was
particularly unsuited and discordant within the context of the Middle East peace
process, which was based upon principles of bilateral dialogue, negotiation and
mutual understanding.
13. With regard to resolution ES-10/2, the Israeli representative argued that:
(a) The peace process remained the only viable avenue for the solution of
the problems in the Arab-Israeli conflict. The emergency special session was
yet another manifestation of attempts to bypass the agreed-upon process of
direct negotiations between the parties and to internationalize the conflict.
These attempts had been futile in the past and would only serve to worsen the
situation rather than resolve the differences;
/...
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(b) The construction at Har Homa did not, in any way, violate the
agreements between Israel and the PLO. The project stemmed from the natural
needs of a major urban area. The same applied as regards Israel's policy
concerning settlements. There was no new policy in this regard - all that was
being done was limited to providing for the natural growth of the population;
(c) The resolution singled out and blamed Israel for the difficulties
which the peace process faced, while blatantly ignoring the obstacles posed by
the Palestinian side to continued negotiations. Israel had fulfilled all of its
commitments in accordance with the "note for the record" that was agreed upon at
the time of the Hebron accord. The Palestinian side had not only failed in this
regard by not amending the Palestinian National Charter, which it was committed
to do, but also by refusing to fight terrorism. They had in fact taken steps
which directly contradicted these commitments, and openly encouraged and enabled
violence and terror;
(d) The General Assembly, in its resolution ES-10/2, had determined that
the peace process was based, inter alia, on the principles of "land for peace".
However, this "principle" was clearly not part of the basis of the process. It
was not mentioned in the letter of invitation to the Madrid Conference, was not
part of the terms of reference of the process and had not been included in any
of the agreements signed within the Middle East peace process. Any attempt to
change the agreed basis of the peace process without the consent of all of the
parties concerned could have no effect and only served to undermine the process;
(e) The resolution, in referring to the restrictions on movement in the
territories, ignored the fact that such measures, which were fully in accordance
with the Israeli-Palestinian agreements, had been taken in the wake of ruthless
terrorist action by Palestinians, and served to prevent their recurrence;
(f) The resolution rejected terrorism in all of its forms and
manifestations. Terrorism brought not only pain and suffering to innocent
civilians, but tore apart the very fabric of the peace process. It is
imperative that the Palestinians live up to the solemn commitments they have
made on many occasions and fight this scourge without reservation;
(g) In this context, Israel wished to draw my attention to the fact that
countries such as the Libyan Arab Jamahiriya, the Islamic Republic of Iran and
the Syrian Arab Republic still promoted international terrorism as a tool for
advancing their agenda. The international community should take all necessary
measures to combat this dangerous phenomenon;
(h) Finally, the Israeli letter stressed that the resolution called for
measures "to ensure the freedom of religion and conscience of its (Jerusalem's)
inhabitants, as well as permanent, free and unhindered access to the Holy Places
by the faithful of all religions and nationalities". In fact, such measures had
been fully implemented by Israel in Jerusalem, in marked contrast to the
situation that prevailed prior to 1967.
14. Owing to the restrictions imposed on the scope of my Special Envoy's
proposed mission by the Government of Israel (see para. 6 above), which were not
acceptable to the United Nations, I regret that it has not been possible to
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dispatch a Special Envoy to Israel and the occupied territories in conditions
that would have enabled me to discharge the mandate entrusted to me by the
General Assembly in a fully satisfactory manner. I am therefore basing the
substantive portion of this report, which follows, on reliable sources available
to the United Nations at Headquarters and in the field.
III. REPORT PREPARED PURSUANT TO PARAGRAPH 9 OF
RESOLUTION ES-10/2
15. According to the information available to the United Nations, the
Government of Israel, as of 20 June 1997, has not abandoned its construction of
a new Israeli settlement at Jebel Abu Ghneim. Settlement activity, including
the expansion of existing settlements, the construction of bypass roads, the
confiscation of land adjacent to settlements and related activities in violation
of Security Council resolutions on the matter, continued unabated throughout the
occupied territories. The Abu Ghneim incident is nevertheless viewed as
particularly serious for a number of reasons:
(a) Politically, the commencement of construction of a new Israeli
settlement at Jebel Abu Ghneim on 18 March 1997 represents the first move to
construct an entirely new settlement on occupied Palestinian lands since a
freeze was imposed on such activities by the previous Israeli Government in the
context of the peace process. Palestinians point out that such a move
prejudices final status negotiations, during which the issue of Jerusalem and
borders is to be determined. The settlement is seen as closing the door on what
Palestinians unanimously expect to be the future capital of a Palestinian
State - East Jerusalem;
(b) Geographically, Abu Ghneim represents the final link in a chain of
settlements constructed by Israel around occupied East Jerusalem. Already
existing links in the chain include the settlements of French Hill, Ramot,
Pisgah Ze'ev, Neve Ya'cov, and Gilo. The closing of this chain is seen as a
final step towards the isolation of Jerusalem from the rest of the West Bank and
as part of the stated policy of the Government of Israel of fully incorporating
occupied East Jerusalem as part of the "unified eternal capital of the State of
Israel";
(c) Demographically, the establishment of this settlement would have a
significant effect on further advancing the forced alteration of the religious
and ethnic composition of occupied East Jerusalem. Projections indicate that
the new settlement would result in the transfer of some 50,000 Jewish settlers
from Israel into this predominantly Arab area of occupied East Jerusalem,
further altering the demographic character of the city;
(d) Economically, the establishment of a settlement on this site is
expected to have damaging effects on an already devastated Palestinian economy
in the occupied territories. Without reference to the losses suffered by
Palestinians, whose land has been acquired for the settlement, the broader
Palestinian economy would feel the immediate effects of the resulting separation
of the economic hub of East Jerusalem from the towns and agricultural areas of
the rest of the West Bank;
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(e) With regard to its effects on the peace process, and the confidence of
the Palestinian people in that process, the refusal of the Government of Israel
to abandon construction of a new settlement at Jebel Abu Ghneim appears to
represent, in the view of the Palestinian people, the largest single negative
factor in the breakdown of the peace process and the fomenting of unrest in the
occupied territories. Through both words (public statements) and actions
(continuing construction activity at Jebel Abu Ghneim) the Israeli Prime
Minister, and other representatives of the Government continue to reject the
terms of the resolution of the General Assembly requiring a cessation of those
activities. Palestinian communities in the Gaza Strip and the West Bank,
including Jerusalem, have responded with two months of public demonstrations and
protest. Hundreds of Palestinians have been wounded during the clashes with the
Israeli military forces, and a number of Palestinian deaths have been reported.
Tensions continue to mount.
16. Prime Minister Netanyahu announced a promise to build 3,500 housing units
for Palestinians in East Jerusalem at the same time as construction at Jebel Abu
Ghneim proceeds. The housing units are not to be built at Jebel Abu Ghneim, but
in 10 as yet unspecified neighbourhoods in Arab East Jerusalem. It was also not
clarified whether the housing units would be government funded, or if only
building permits would be issued. Since 1967, reportedly only 600 housing units
for Palestinians have been built by the Government.
17. Israeli settlement expansion activities continued throughout the period
under review in numerous locations throughout the occupied West Bank and Gaza
Strip, including commencement of new settlements, expansion of existing
settlements and construction of roads and other auxiliary sites adjacent to and
between settlements. Expansion activities have been recorded in more than 30
existing settlement areas. Settlement road construction was under way at more
than 10 sites.
18. Israel was widely reported during this period to have issued plans for the
creation of new settler housing units in the West Bank and Gaza Strip. In
May 1997 it was reported that 30,000 dunums of Palestinian land in the West Bank
were expropriated by Israel in 1997 for the expansion of settlements.
Significant portions of land have been seized for these purposes near Hebron,
around Jerusalem and in the Jordan Valley. In the Gaza Strip, attempts by
settlers to seize additional land adjacent to existing settlements at Gush Katif
resulted in violent clashes involving Palestinian civilians, Israeli settlers
and Israeli military personnel, resulting in a number of Palestinian injuries
and at least one Palestinian death.
19. External support for settlements and their economic infrastructures
continued during the period under review, including through private support from
foreign companies and individuals. In one highly publicized incident in June of
1997, it was verified that a Days Inn Hotel, a franchise of a hotel company
based in the United States of America (Days Inn of America, Inc.), had been
opened and was operating in the Gush Katif settlement in the Gaza Strip.
20. The Government of Israel has implemented further measures which alter or
purport to alter the character, legal status and demographic composition of
Jerusalem. During the period under review, a number of administrative, legal
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and other measures have been adopted by the State of Israel affecting the rights
and status of Palestinian Jerusalemites. Among the most serious developments,
hundreds of Palestinian Jerusalemites in 1997 received notice from the Israeli
authorities that their residency rights had been revoked, and hundreds of
Jerusalem identity cards - without which it is impossible to live in and often
even to enter Jerusalem - have been confiscated. The loss of such permits
results in a loss of rights to housing, health care, school access and freedom
of movement into and around Jerusalem. The administrative practices in question
apply only to non-Jews, i.e. mainly Palestinian Arabs in Jerusalem. Such
decisions have been justified on the grounds of an Israeli determination that
these people have "transferred their centre of life outside of Israel", based on
periods of time spent outside of their home city, thereby treating Palestinian
Jerusalemites as "resident immigrants", subject to discriminatory immigration
controls. The practice, which reduces the Arab presence in Jerusalem, now
threatens some 60,000 to 80,000 Palestinian Jerusalemites.
21. The Government of the State of Israel has not, as of 20 June 1997, accepted
the de jure applicability of the fourth Geneva Convention of 1949 to all
territories occupied since 1967. All other High Contracting Parties, as well as
the International Committee of the Red Cross, have retained their consensus that
the Convention does apply de jure to the occupied territories.
22. The realization of the principle of territorial integrity, as enunciated in
the Oslo accords, has been frustrated during the period under review by Israeli
restrictions on the movement of persons and goods between so-called A, B, and C
areas of the West Bank, between Jerusalem and the rest of the West Bank, between
the West Bank and the Gaza Strip, and between the occupied territories and the
outside world. Safe passage arrangements have not been established, and
arrangements for a Gaza seaport and airport have not been agreed upon. The
Israeli policy of general closure, which has been in effect since 30 March 1993,
imposes explicit restrictions on the mobility of goods and persons. There are
fixed Israeli checkpoints on Palestinian roads, including key transport routes,
and a system of differentiated mandatory permits for labourers, business people,
medical personnel and patients, students, religious worshippers, and all other
categories of Palestinians. Restrictions on entry to Jerusalem block access to
the main north-south transportation route in the West Bank, necessitating
lengthy and costly detours. This general closure has been aggravated by
periodic comprehensive closures entailing the complete denial of such movements
during a full 353 calendar days between 30 March 1993 and mid-June 1997. Since
21 March 1997, when a bomb attack in Tel Aviv, apparently carried out by Hamas,
killed three Israeli women, such comprehensive closures have been imposed for a
total of 24 days. Internal closure days, during which movement is not allowed
even inside the West Bank (between A and B areas) totalled 27 days in 1996.
Israeli restrictions on the movement of goods and personnel are also imposed on
United Nations officials and project materials, resulting in delays and added
costs for development projects in the West Bank and Gaza Strip and in serious
disruption of the work of humanitarian agencies.
23. A number of further activities deemed to be in violation of international
law continued to raise tensions and to jeopardize both the peace process and the
rights of Palestinians in the occupied territories. Among these are the
continued administrative detention of almost 300 Palestinians in Israeli jails,
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held without charge or trial, of which 10 have been held for more than three
years; 20 for between two and three years; and 20 for between one and one and a
half years. In all, more than 3,000 Palestinians are said to remain in Israeli
prisons. Palestinian detainees in Israeli custody continue to be subjected to
torture and other mistreatment under security regulations officially endorsed by
the High Court and the Government of Israel, in spite of recent condemnation by
the Committee Against Torture. Israeli demolitions of Palestinian homes in
Jerusalem and other parts of the occupied territories continued.
24. The 6 March Israeli decision to limit the long-delayed second redeployment
to only 9 per cent of the West Bank, with 7 per cent of that a redeployment from
area B to area A, rather than from area C to area A, has further aggravated the
situation. Further evidence of the deteriorating political and security
situation included punitive house demolitions, curfews, transfer of Bedouin
population and unlicensed house demolitions.
25. There was also a marked increase in Palestinian violence against Israeli
civilians, settlers and military personnel, as well as Palestinian military
operations against Palestinian civilians during the reporting period. Two
Israeli women hikers, found dead in Wadi Kelt, near Jericho, on 25 April, also
appear to have been victims of a terrorist attack, though no Palestinian
organization claimed responsibility for the killings. Two bombs detonated in
the Gaza Strip on 1 April under unclear circumstances, killing the two suicide
bombers and injuring six persons. While not carried out by a Palestinian, the
13 March killing of seven Israeli school girls by a Jordanian soldier stationed
in the Jordan Valley contributed to Israeli security concerns.
26. The reporting period witnessed an increase in violent incidents involving
settlers, within the overall context of the deteriorating security situation. A
number of incidents of settlers attacking Palestinians, often but not always in
response to stone-throwing, were reported, as were destruction of property,
attacks against livestock and attacks against agricultural land. The majority
of the incidents took place in the Hebron area. There also were sporadic
incidents of settler violence in the Gaza Strip.
IV. REPLIES FROM MEMBER STATES
27. As of 23 June 1997, replies to my note verbale had been received from the
following 11 countries: Australia, Colombia, the Democratic People's Republic
of Korea, Egypt, Japan, jordan, the Netherlands, Norway, the Russian Federation,
Saudi Arabia and Tunisia. They are substantially reproduced below.
Australia
[Original: English]
1. The Permanent Representative of Australia notes that Australia abstained on
resolution ES-10/2, both because the Government did not consider it would take
forward the process of seeking peace in the Middle East and because we did not
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regard use of resolution 377 A (V), the uniting for peace resolution, as
appropriate in the circumstances.
2. Australia has made clear its concern about Israel's decision to build on
Har Homa/Jebel Abu Ghneim. We regard the decision to be inconsistent with
Security Council resolutions on the Middle East and unhelpful because it
complicates the process of achieving a peaceful settlement. We have
consistently urged both sides to the dispute to avoid actions that jeopardize
the peace process.
3. Australia continues to be deeply concerned about the situation in the
Middle East and the absence of trust and confidence necessary for successful
resumption of the peace negotiations. We again urge both sides urgently to
commit themselves to honour the obligations they have made and to the search for
a peaceful resolution of their differences.
Colombia
[Original: Spanish]
The Permanent Representative of Colombia informs the Secretary-General that
his Government has implemented General Assembly resolution ES-10/2.
Democratic People's Republic of Korea
[Original: English]
1. The Government of the Democratic People's Republic of Korea has officially
expressed its denunciation of the attempts on the part of Israel to build new
Jewish settlements in East Jerusalem. At the same time, the Minister for
Foreign Affairs of the Democratic People's Republic of Korea sent a letter of
solidarity to the Council of the League of Arab States in support of its
decision on the question of East Jerusalem.
2. I would like to take this opportunity to reiterate my Government's
consistent position of support for the struggle of Arab peoples, including the
Palestinian people, to ensure lasting peace and security in the Middle East.
Egypt
[Original: English]
1. The construction of Israeli settlements in the Occupied Palestinian
Territory, including Jerusalem, is illegal and contravenes international law.
2. Resolution ES-10/2 reflects the continuous refusal and condemnation of the
international community of the settlement policy pursued by Israel in the
Occupied Palestinian Territory, including Jerusalem, and the other occupied Arab
territories. This policy undermines the peace in the Middle East and is in
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clear violation of the relevant rules of international law, the Geneva
Convention, as well as the relevant Security Council and General Assembly
resolutions on the matter.
3. Egypt favours an active role of the Secretary-General in the follow-up of
the said resolution. We believe that, in order to be able to present a
comprehensive report on the matter to the General Assembly in accordance with
paragraph 9 of the resolution, it will be of paramount importance for a senior
United Nations official to pay a visit to the occupied territories, including
Jerusalem, to gather all relevant and necessary information on the illegal
Israeli settlement activities in these territories, including the settlement
project in Jebel Abu Ghneim.
Japan
[Original: English]
The Government of Japan respects resolution ES-10/2 and has endeavoured to
revive the Middle East peace process by taking every opportunity to urge the
parties concerned to make progress in the peace process. Some of Japan's recent
efforts are as follows:
1. Prime Minister Ryutaro Hashimoto and Minister for Foreign Affairs
Yukihiko Ikeda, in their respective meetings with the visiting Israeli Foreign
Minister, Mr. David Levy, on 27 February 1997, expressed Japan's deep regret
concerning the decision of the Government of Israel to construct housing in the
Har Homa, or Jebel Abu Ghneim area of East Jerusalem.
2. Following the commencement of construction work by the Israeli Government
in the Har Homa, or Jebel Abu Ghneim area of East Jerusalem, and the terrorist
bombing in Tel Aviv, the Deputy Minister for Foreign Affairs conveyed Prime
Minister Hashimoto's message to the Prime Minister of Israel and the President
of the Palestinian Authority, urging that every effort should be made in order
to salvage the peace process.
3. On 21 March 1997, the Government of Japan decided to extend emergency grant
aid totalling 11 million dollars to assist the Palestinians, who are facing
deteriorating economic conditions as a result of the closure of the West Bank
and Gaza Strip by the Government of Israel.
Jordan
[Original: English]
1. In resolution ES-10/2, the international community has again condemned
Israel's illegal actions in the Palestinian and the other Arab territories that
it occupies by military force and that it subjugates through inhumane practices.
The resolution, in essence, also calls on Israel to respect its own moral and
legal obligations as a State Member of the United Nations and as an occupying
power.
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2. In view of the clarity of the resolution, and in view of the mandate given
to the Secretary-General in paragraph 9 of the resolution, Jordan believes that
the Secretary-General's involvement in and oversight of the situation in the
occupied territories remain central to the overall drive to a peaceful and
comprehensive resolution to the Israeli-Palestinian conflict and to the
situation in the Middle East. In this vein, Jordan is of the view that the door
is wide open for the Secretary-General to exercise the powers vested in his
offices towards the implementation of the resolution in its entirety, in order
to allow the peace talks to resume in the hope that the process will achieve the
desired results of realizing the comprehensive and permanent peace in the region
of the Middle East.
Netherlands
[Original: English]
The Permanent Representative of the Kingdom of the Netherlands in his
capacity as representative of the Presidency of the European Union, submitted
the following reply:
The European Union strongly disapproves of construction activities as
undertaken by Israel to build a new settlement on the West Bank in Jebel Abu
Ghneim/Har Homa. It reiterates that all settlement activities in the occupied
territories contravene international law and are a major obstacle to peace.
Settlement activities in territories under occupation by Israel constitute a
violation of the Fourth Geneva Convention. These territories are not under
Israeli sovereignty, and the European Union considers acquisition by force
inadmissible. It has taken note with concern that construction in Jebel Abu
Ghneim/Har Homa continues and that Israel has not yet complied with calls for
its immediate suspension.
Norway
[Original: English]
Norway remains gravely concerned about Israeli settlement activities on the
West Bank, including East Jerusalem. Such unilateral acts change the facts on
the ground and threaten a very fragile peace process. Its Government has raised
this issue with the Government of Israel on numerous occasions, underlining the
need to stop any further settlement activities while final status negotiations
are under way. Norway deeply regrets that Israel has not heeded calls from its
partner in peace, from neighbouring States and from the international community
to stop the construction on Jebel Abu Ghneim. Norway has repeatedly called on
both sides to show restraint and to resume as soon as possible negotiations on
outstanding issues and final status.
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Russian Federation
[Original: Russian}
1. The Russian Federation reaffirms its support for resolution ES-10/2. It
has repeatedly stated its official view that Israel's settlement activities in
the occupied territories are illegal from the standpoint of international law
and hinder the normal progress of the Middle East peace process. The renewed
construction of settlements runs counter to the Palestinian-Israeli agreements
barring changes in the status of the Occupied Palestinian Territory prior to the
conclusion of negotiations.
2. As a co-sponsor the peace process, the Russian Federation conveyed its
opinion on the problem of Jebel Abu Ghneim to the Government of Israel,
endeavouring to help to solve it in order to bring about the resumption of and
progress in the Palestinian-Israeli negotiations. The Russian side intends to
pursue active efforts to promote a normalized atmosphere in the context of a
Middle East settlement and to create the conditions for revitalizing the peace
process in all areas.
Saudi Arabia
[Original: English]
1. The Permanent Representative would first like to reiterate Saudi Arabia's
position on this matter, as already stated at the tenth emergency special
session of the General Assembly on 24 April 1997. Saudi Arabia continues to
believe strongly that a just and balanced peace in the Middle East is an
integral part of international peace and security.
2. Regrettably, the Government of Israel continues blatantly to violate the
provisions of the Madrid Peace Conference and the Oslo accords with its
persistence in proceeding with construction of settlements at Jebel Abu Ghneim
in the Holy City of Jerusalem, as well as other parts of the Occupied
Palestinian Territory. Its disregard for a just peace in the Middle East is
evident from its recent policies, including its decision to proceed with illegal
construction of settlements within 24 hours of the adoption of resolution
ES-10/2 by the international community, which "demands immediate and full
cessation of the construction in Jebel Abu Ghneim". To day, this illegal
activity has not ceased.
3. The Government of Israel must be persuaded to respect fully its commitments
under the Madrid Peace Conference and the Oslo agreement so that a genuine and
just peace can be secured in the Middle East.
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Tunisia
[Original: French]
1. The Permanent Representative of Tunisia wishes first of all to emphasize
Tunisia's indestructible attachment to the international legal order and its
respect for the spirit and letter of United Nations resolutions on the question
of Palestine, particularly the provisions of General Assembly resolution
ES-10/2.
2. Whereas the Oslo, Washington and Cairo accords raised hopeful prospects for
a just and lasting peaceful solution leading to the establishment of an
independent Palestinian State with Jerusalem as its capital, the new Israeli
Government has embarked on a policy of colonization of the occupied Palestinian
territories with the aim of creating situations of fait accompli on the ground.
Despite the condemnation of such practices by the international community, it is
regrettable to observe that Israel is continuing to pursue the construction of
settlements in Jebel Abu Ghneim, East Jerusalem and the rest of the Occupied
Palestinian Territory, in defiance of the provisions of General Assembly
resolution ES-10/2 and the relevant provisions of the Fourth Geneva Convention
of 12 August 1949, which prohibits making changes of a geographical nature in
territories under foreign occupation.
3. Every effort should be made, therefore, to compel the Government of Israel
to abide by the commitments which it made in the framework of the Madrid
Conference and the Oslo accords and to comply with the international legal order
with a view to the establishment of a just, comprehensive and lasting peace in
the Middle East.
V. REPLY FROM THE OBSERVER MISSION OF PALESTINE
28. The Permanent Observer of Palestine to the United Nations conveyed the
following remarks.
(a) The Permanent Observer of Palestine emphasizes the importance of the
tenth emergency special session, which was held to consider the illegal Israeli
actions in occupied East Jerusalem and the rest of the Occupied Palestinian
Territory in the wake of the failure of the Security Council twice to adopt a
resolution on those actions as a result of the negative vote of a permanent
member of the Council;
(b) The Permanent Observer of Palestine emphasizes also the importance of
resolution ES-10/2, overwhelmingly adopted by Member States of the United
Nations. The resolution contains, inter alia, recommendations for collective
measures to be taken by the members, in accordance with General Assembly
resolution 377 A (V) of 3 November 1950 and reaffirms the established positions
of the United Nations on illegal Israeli settlements and the question of the
city of Jerusalem;
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(c) The Permanent Observer of Palestine stresses the importance of the
full implementation of resolution ES-10/2 by Member States, in particular
operative paragraphs 7 and 8. With regard to operative paragraph 7, while there
is no known Member State providing assistance to illegal Israeli activities in
the Occupied Palestinian Territory, including Jerusalem, the activities of
private groups in some Member States to that effect and the issue of the
fungibility of money raise concerns that should be addressed;
(d) Operative paragraph 8 of resolution ES-10/2 stresses the obligation of
the High Contracting Parties to the Fourth Geneva Convention, under article 1 of
the Convention, to ensure respect by Israel, the occupying Power, of the
Convention. It is accordingly expected that specific actions will be taken in
this regard by the High Contracting Parties on a national as well as a regional
level;
(e) Resolution ES-10/2 demands immediate and full cessation of the
construction of Jebel Abu Ghneim and of all other Israeli settlement activities,
as well as of all illegal measures and actions in Jerusalem. It is unfortunate
to note that Israel, the occupying Power, has not heeded this demand and in fact
it continues with such illegal measures and actions;
(f) Resolution ES-10/2 stresses the need to preserve the territorial
integrity of all the Occupied Palestinian Territory and to guarantee the freedom
of movement of persons and goods in the Territory, including the removal of
restrictions into and from East Jerusalem, and the freedom of movement to and
from the outside world. It is also unfortunate to note that Israel, the
occupying Power, continues to violate the territorial integrity of the
Palestinian territory and continues to impose all kinds of restrictions on the
freedom of movement of persons and goods;
(g) Resolution ES-10/2 requests the Secretary-General to monitor the
situation and to submit a report on the implementation of the present
resolution, within two months of its adoption, in particular on the cessation of
the construction of the new settlement in Jebel Abu Ghneim and of all other
illegal Israeli actions in occupied East Jerusalem and the rest of the Occupied
Palestinian Territory. It is important to stress the necessity for the report
to cover fully the issues specified in the mandate given to the Secretary-
General;
(h) It would be useful, during the process of preparation of the report of
the Secretary-General to have a special representative of the Secretary-General
visit the area to gain first-hand experience, especially with regard to illegal
Israeli actions and measures related to Jerusalem and illegal Israeli
settlements throughout the Occupied Palestinian Territory. In any case,
however, the United Nations is believed to have broad experience and
information, available through several agencies and United Nations bodies, on
the actual situation on the ground;
(i) The efforts of the membership during the tenth emergency special
session and the efforts of the Secretary-General are indeed valuable in the
attempt to salvage the Middle East peace process, which is being very seriously
threatened by the Israeli failure to comply with the will of the international
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community, international law and the provisions of resolution ES-10/2, in
addition to its serious violations of the agreements reached between the
Palestine Liberation Organization and the Government of Israel in the framework
of the Middle East peace process;
(j) Resolution ES-10/2 makes it clear that the tenth emergency special
session adjourned temporarily and can be resumed to consider the report of the
Secretary-General and, in case of Israeli non-compliance, to follow up the
resulting serious situation in the Occupied Palestinian Territory and the Middle
East as a whole. In such a case, the tenth emergency special session can
consider making further recommendations within the framework of Chapters VI and
VII of the Charter of the United Nations.
The Permanent Observer of Palestine stresses that international law should
be upheld and the will of the international community must be heeded and no
State should be allowed to behave otherwise.
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UNITED NATIONS A S
General Assembly
Security Council
Distr.
GENERAL
A/ES-10/6/Corr.1
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1 July 1997
ENGLISH ONLY
GENERAL ASSEMBLY SECURITY COUNCIL
Tenth emergency special session Fifty-second year
Agenda item 5
ILLEGAL ISRAELI ACTIONS IN OCCUPIED
EAST JERUSALEM AND THE REST OF THE
OCCUPIED PALESTINIAN TERRITORY
Report of the Secretary-General submitted in accordance
with General Assembly resolution ES-10/2
Corrigendum
Page 1, table of contents
Section III should read
III. REPORT PREPARED PURSUANT TO PARAGRAPH 9 OF RESOLUTION ES-10/2 ......
-----
97-18152 (E) 020797
UNITED NATIONS A S
General Assembly
Security Council
Distr.
GENERAL
A/ES-10/6/Add.1
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11 July 1997
ENGLISH
ORIGINAL: ARABIC/ENGLISH
GENERAL ASSEMBLY SECURITY COUNCIL
Tenth emergency special session Fifty-second year
Agenda item 5
ILLEGAL ISRAELI ACTIONS IN OCCUPIED
EAST JERUSALEM AND THE REST OF THE
OCCUPIED PALESTINIAN TERRITORY
Report of the Secretary-General submitted in accordance
with General Assembly resolution ES-10/2
Addendum
CONTENTS
Page
REPLIES FROM MEMBER STATES ........................................... 2
Lebanon ........................................................ 2
South Africa ................................................... 2
Thailand ....................................................... 3
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REPLIES FROM MEMBER STATES
Lebanon
[Original: Arabic]
1. The current crisis facing the peace process in the Middle East is the
responsibility of the Government of Israel, which has repeatedly announced its
disavowal of the principles on which the peace process initiated at the Madrid
Conference was based. The Government of Israel has also reneged on commitments
made to other parties at Oslo and Washington.
2. That the Government of Israel should still be building and expanding
settlements is in itself in flagrant violation of any commitment to the peace
process and can only undermine and destroy that process. Israel's plans to
build a new settlement in Jebel Abu Ghneim to the south of occupied East
Jerusalem confirm its determination to impose a fait accompli by force in a
manner incompatible with the concept of peace and what it requires of the region
and also bear out the fact that it ignores the rights and interests of those who
are supposed to be its partners in peace.
3. Lebanon reaffirms its commitment to peace as a strategic choice and
believes that peace can only be achieved if the relevant principles and United
Nations resolutions are respected. It calls for the resumption of negotiations
on the Lebanese and Syrian tracks from the point previously reached. Lebanon
also calls for the final-status talks between Israel and the Palestinians to
begin, so that the Palestinian people will be accorded its legitimate rights as
they relate to the establishment of an independent State with Jerusalem as its
capital, in keeping with the political and religious significance that the Holy
City holds for Palestinians in particular and for adherents of the Islamic,
Christian and Jewish faiths in general.
South Africa
[Original: English]
1. The Government of South Africa strongly disapproves of construction
activities as undertaken by Israel to build a new settlement on the West Bank in
Jebel Abu Ghneim/Har Homa.
2. South Africa reiterates its view that all settlement activities in the
occupied territories contravene international law and are a major obstacle to
peace.
3. In addition, settlement activities in territories under occupation by
Israel constitute a violation of the Fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949. These
territories are not under Israeli sovereignty and South Africa considers the
acquisition of such by force as inadmissible.
/...
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Page 3
4. South Africa has taken note with concern that construction in Jebel Abu
Ghneim/Har Homa continues and that Israel has not yet complied with calls for
its immediate suspension.
Thailand
[Original: English]
The Royal Thai Government has strictly complied with General Assembly
resolution ES-10/2. It has never supported Israel's illegal activities in the
occupied territories, including Jerusalem. Thailand fully supports the
inalienable rights of the Palestinian people and the peace process in the Middle
East.
-----
UNITED NATIONS A S
General Assembly
Security Council
Distr.
GENERAL
A/ES-10/16
S/1997/798
14 October 1997
ENGLISH
ORIGINAL: ENGLISH/FRENCH
GENERAL ASSEMBLY SECURITY COUNCIL
Tenth emergency special session Fifty-second year
Agenda item 5
ILLEGAL ISRAELI ACTIONS IN OCCUPIED
EAST JERUSALEM AND THE REST OF THE
OCCUPIED PALESTINIAN TERRITORY
Report of the Secretary-General submitted in accordance
with General Assembly resolution ES-10/3
I. INTRODUCTION
1. The present report is submitted pursuant to resolution ES-10/3 adopted on
15 July 1997 by the General Assembly at its tenth emergency special session.
Paragraph 10 of the resolution reads as follows:
"Recommends that the High Contracting Parties to the Geneva Convention
relative to the Protection of Civilian Persons in Time of War convene a
conference on measures to enforce the Convention in the Occupied
Palestinian Territory, including Jerusalem, and to ensure its respect, in
accordance with common article 1, and requests the Secretary-General to
present a report on the matter within three months."
2. In order to fulfil my reporting responsibilities, on 31 July 1997, I
addressed a note verbale to the Permanent Observer of Switzerland to the United
Nations requesting the Government of Switzerland, in its capacity as depositary
of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, to provide me, in due course, with the necessary information.
II. INFORMATION PROVIDED BY THE GOVERNMENT OF SWITZERLAND
3. On 7 October 1997, the Government of Switzerland conveyed to me the
following information:
"In response to the note of the Secretary-General, the Government of
Switzerland sought the views of the 188 States parties to the Fourth Geneva
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Convention. The notes addressed to the States parties stated, inter alia,
the following:
'It is the responsibility of the States parties to the Fourth
Convention, after considering the recommendation addressed to them, to
determine how they wish to follow it up. As depositary, the Swiss
Government is interested in knowing their views. Therefore, the
Embassy has the honour to consult the Ministry and to invite it to
submit its comments on possible measures to follow up paragraph 10 of
resolution ES-10/3, including comments on the convening of a
conference, as recommended, and on the results that might thereby be
achieved.'
"To date, 53 States parties to the Convention have sent written
replies to the note requesting their views. These views are as follows:
- Twenty-nine States said that they were in favour of the convening
of a conference as recommended by resolution ES-10/3.
- One State was against the convening of a conference, saying that
'such a conference would have seriously harmful effects on
humanitarian protection and on the peace process'.
- One State said that it had 'voted in favour of General Assembly
resolution ES-10/3'.
- One State said that it had 'supported paragraph 10 of General
Assembly resolution ES-10/3'.
- One State said that it was 'willing to participate in the
conference ... in accordance with paragraph 10 of the
resolution'.
- One State said that it had 'noted the recommendation contained in
paragraph 10 of the resolution'.
- Two States said that they had 'no objection to the convening of a
conference'.
- One State said that it had 'no objection to the proposal to
convene a conference of experts from the interested parties, with
a view to discussing the existing humanitarian problems in the
Palestinian territory'. That State also felt that 'another
possible measure ... would be for the interested parties to
appeal to the International Fact-Finding Commission (article 90
of Additional Protocol I of 1977). The Commission is competent
to facilitate, through its good offices, the restoration of an
attitude of respect for the 1949 Conventions'. That State
believes, in that regard, 'that the fact that Israel has not
acceded to Additional Protocol I of 1977 should not prevent the
Commission from resolving the issue on an ad hoc basis'. In the
view of this State, 'the implementation of either of these two
/...
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S/1997/798
English
Page 3
measures would be a positive step and would encourage a
normalization of the humanitarian situation in the Palestinian
territory'.
- One State said that 'a more careful study should be made of the
appropriateness of convening this conference'. This State
therefore wishes 'to know the positions of the other States
concerned before expressing its own views'.
- One State considered that such a conference 'should be held if
the party concerned was in favour of such a meeting, so that the
prospect existed for an improvement in the enforcement of the
Fourth Geneva Convention'. This State, noting that such a
meeting, or a comparable one, had never before been held, said
that 'careful and prudent preparation was an essential
precondition for a conference'.
- One State said that it 'upheld, in principle, the idea of
convening a conference of the States parties to the Geneva
Convention relative to the Protection of Civilian Persons in Time
of War on measures to enforce the Convention in the [territories
referred to in resolution ES-10/3]', but that 'a conference of
this type required thorough preparation and should be structured
and timed so as to enhance the possibility of attaining a lasting
peace in these regions'.
- One State thought it would be preferable, 'given the delicate
situation in the Middle East, to await progress on the efforts
being made to bring about the resumption of the peace process,
particularly at a time when meetings are planned in the near
future between the parties directly involved'.
- One State wrote that it wished 'to try to exchange views with
other Governments in order to ensure that the convening of the
conference at the current stage will not provoke further tensions
in Israeli-Palestinian relations and will not endanger the
fragile peace which has already been threatened by the outbreak
of violence'.
- One State said that it 'did not believe that the convening of a
conference of the High Contracting Parties to the Geneva
Convention relative to the Protection of Civilian Persons in Time
of War would make an effective contribution towards advancing the
peace process'.
- One State said that 'in addition to recognizing the rights of the
Palestinian people, the resolution should contain an acceptance
of the fact that the peace process and the implementation of the
agreements between the Government of Israel and the autonomous
Palestinian Government should guarantee that neither of the two
Parties would commit acts which would affect the peace process
/...
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and tolerance, an indispensable condition to ensure the success
of the negotiations'.
- Four States reiterated word-for-word the joint reply which the
State currently presiding over the body of which they are members
had been authorized to transmit, according to which the members
of that body suggested that 'the possibilities should be explored
of convening a meeting of experts which would be charged with
examining the political and legal context before a conference of
the High Contracting Parties was convened'.
- One State, a member of the same body as the four mentioned above,
said that the State currently presiding over that body 'had been
authorized ... to transmit a joint reply', and that 'that note
thus reflects [its] opinion'.
- One State, a member of the same body as the five mentioned above,
said that the question 'would be dealt with' by the State
currently presiding over that body 'on behalf of its member
countries'.
- Three States, members of the same body as the six mentioned
above, referred to 'the note verbale sent' by the State currently
presiding over that body, 'which reflects the opinion (the
position) [of their] Government[s] on the matter'.
"Moreover, the depositary received a letter from the President of the
Coordinating Bureau of the Movement of Non-Aligned Countries in which he
expressed 'the support of the Movement for the convening of a conference of
the Parties to the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, as recommended in paragraph 10 of resolution
ES-10/3 adopted by the United Nations General Assembly on 15 July 1997'.
"Similarly, the Secretary-General of the League of Arab States sent a
letter expressing 'the approval of all the Arab countries of the contents
of the letter from the Swiss Government concerning the holding of such a
conference', adding, in a subsequent letter, that 'the Arab countries would
hope that this conference will be held as soon as possible in order to
safeguard the interests of the Palestinian people'.
"Lastly, the Presidency of the Council of the European Union stated
that it had been 'authorized by the 15 States members of the European
Union, High Contracting Parties to the Geneva Conventions, to transmit a
joint reply from the 15 member States concerning the follow-up to
resolution ES-10/3, paragraph 10 of which provides for the convening of a
conference'. In this joint reply, the member States said that they
'believe that the convening of a conference in the immediate future would,
in the present circumstances, risk giving rise to additional complications
unless it was carefully prepared'. The member States therefore suggested
that 'the possibilities should be explored of convening a meeting of
experts which would be charged with examining the political and legal
context before a conference of the High Contracting Parties was convened.
/...
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The meeting of experts could also examine the broader implications of such
a conference'.
"Upon receipt of these collective replies, the depositary indicated
that, out of a concern for clarity and precision, it would, as far as
possible, like to be able to obtain individual replies from the States
concerned. A number of those States acceded to the depositary's request
and sent individual replies, included in the 53 mentioned above, along the
lines of the reply sent by the body of which those States were members."
-----
UNITED NATIONS A S
General Assembly
Security Council
Distr.
GENERAL
A/ES-10/16/Add.1
S/1997/798/Add.1
10 November 1997
ENGLISH
ORIGINAL: FRENCH
GENERAL ASSEMBLY SECURITY COUNCIL
Tenth emergency special session Fifty-second year
Agenda item 5
ILLEGAL ISRAELI ACTIONS IN
OCCUPIED EAST JERUSALEM AND
THE REST OF THE OCCUPIED
PALESTINIAN TERRITORY
Report of the Secretary-General submitted in accordance
with General Assembly resolution ES-10/3
Addendum
II. INFORMATION PROVIDED BY THE GOVERNMENT OF SWITZERLAND
On 5 November 1997, the Government of Switzerland conveyed to me the
following information:
"Since the first document was sent on 7 October 1997 (see A/ES-10/16-
S/1997/798/Add.1), the depositary has received 20 additional replies.
These replies express the following views:
- One State said that it was in favour of convening the Conference of
High Contracting Parties as soon as possible.
- One State said that it agreed that a conference should be convened in
accordance with General Assembly resolution ES-10/3 of 15 July 1997.
- One State replied that it had voted in favour of the resolution and
could therefore support the proposal made in its paragraph 10.
- One State said that it supported the convening of a conference as
recommended in paragraph 10 of the resolution.
- One State said that it had no objection, and therefore supported the
proposal to convene a conference of the High Contracting Parties as
recommended in paragraph 10 of the resolution.
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- One State said that it would participate in the conference when it was
convened.
- One State said that it supported and would continue to support all
activities aimed at implementing the resolutions of the Geneva
Convention relative to the Protection of Civilian Persons in Time of
War.
- One State considered it necessary to hold a preliminary meeting of
experts with a view to making it possible to implement the proposal
contained in the draft resolution on the implementation in the
Occupied Palestinian Territory of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 1949.
- One State thought that if such a conference were to achieve the
desired results, it was necessary that the States concerned agree to
be represented in the deliberations and that they should express
clearly their will to be bound by the relevant provisions of the
conclusions resulting from the conference. That State also said that
its Government would give favourable consideration to any proposal and
would support any peaceful initiative consistent with resolution
ES-10/3, aimed at ending the physical and moral suffering of the
civilian populations in the Occupied Palestinian Territory.
- One State indicated that as a first step it would be desirable to
convene a group of experts from the States concerned, whose main task
would be to consider the political and legal implications of such a
conference. Once the group of experts had been consulted, the States
parties to the Convention would be in a good position to express their
views on the actual idea of such a meeting.
- One State reiterated word for word the joint reply that the State
currently presiding over the body of which it is a member had been
authorized to transmit, according to which the States members of that
body believed that the convening of a conference in the immediate
future would, in the present circumstances, risk giving rise to
additional complications unless it was carefully prepared, and
therefore suggested that the possibilities should be explored of
convening a meeting of experts which would be charged with examining
the political and legal context before a conference of the High
Contracting Parties is convened. The meeting of experts could also
examine the broader implications of such a conference.
- One State, a member of the same body as the State mentioned above,
said that it wished to refer to the reply which the State currently
presiding over that body had transmitted to the Swiss authorities, and
likewise reiterated word for word the joint reply.
- Two States, members of the same body as the two mentioned above, said
that the joint reply of the State currently presiding over that body
was consonant with their position on the question.
/...
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English
Page 3
- One State member of the same body as the four mentioned above said
that the views expressed in the note verbale sent by the State
currently presiding over that body were those of its Government.
- One State said that it had supported resolution ES-10/3 and attached
priority to the re-establishment and strengthening of humanitarian
international law and specifically to respect for the Fourth Geneva
Convention by all the parties to the conflict. According to that
State, the conference should serve to strengthen the peace
negotiations currently under way, which had reached a sensitive stage.
- One State indicated that it had no major objection to the convening of
a conference, provided that the idea was supported by a very large
majority of the States parties to the Convention.
- One State said that it approved of the content of the letter of the
Government of Switzerland concerning the conference.
- One State said that it saw no urgent need at the present time to
convene a conference and that in the immediate future it would be
better to follow closely the progress of the negotiations between the
parties.
- One State did not believe that such a conference would be useful or
necessary at the present time or that it would foster the atmosphere
of confidence required for progress in the negotiations between the
parties to the Middle East peace process. That State consequently did
not support the convening of such a conference and would not take part
if it were convened.
"In addition to those 20 replies, the depositary received a
spontaneous communication from the general delegation of Palestine in
Switzerland in which the Palestine Liberation Organization and the
Palestinian National Authority affirmed the need to convene a conference of
the High Contracting Parties to the Fourth Geneva Convention of 1949 as
soon as possible, so as to take practical measures aimed at ensuring
respect for the provisions of the Convention in the Occupied Palestinian
Territory, including East Jerusalem, and to confirm the necessity of
respecting them in accordance with common article 1 of the four Conventions
of 1949."
-----
United Nations A/ES-10/248
General Assembly Distr.: General
24 November 2003
Original: English
03-63077 (E) 261103
*0363077*
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
Report of the Secretary-General prepared pursuant
to General Assembly resolution ES-10/13
Summary
The present report is submitted pursuant to General Assembly resolution ES-
10/13 of 21 October 2003, adopted at the resumed tenth emergency special session of
the Assembly. In paragraph 1 of the resolution, the Assembly “demand[ed] that Israel
stop and reverse the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem, which is in departure of the Armistice Line of
1949 and is in contradiction to relevant provisions of international law”. In keeping
with the request of the General Assembly in paragraph 1 of resolution ES-10/13, I
have concluded that Israel is not in compliance with the Assembly’s demand that it
“stop and reverse the construction of the wall in the Occupied Palestinian Territory”.
Contents
Paragraphs Page
A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1–2 2
B. Compliance with resolution ES-10/13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2
C. Route of the Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4–22 2
D. Humanitarian and socio-economic impact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23–27 6
E. Observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28–31 7
Annexes
I. Summary legal position of the Government of Israel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
II. Summary legal position of the Palestine Liberation Organization . . . . . . . . . . . . . . . . . . . . . . . . 10
2
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A. Introduction
1. The present report is submitted pursuant to General Assembly resolution ES-
10/13 of 21 October 2003, adopted at the resumed tenth emergency special session
of the Assembly. In paragraph 1 of the resolution, the Assembly “demand[ed] that
Israel stop and reverse the construction of the wall in the Occupied Palestinian
Territory, including in and around East Jerusalem, which is in departure of the
Armistice Line of 1949 and is in contradiction to relevant provisions of international
law”. In paragraph 3, the Assembly requested the Secretary-General to report
periodically on compliance with the resolution, but with the first report on
compliance with paragraph 1.
2. This report focuses on the period from 14 April 2002, when the Government of
Israel first decided to build a system of fences, walls, ditches and barriers in the
West Bank (“the Barrier”),* to 20 November 2003. It is primarily based on publicly
available research carried out by United Nations offices on the ground. Other
materials available to the United Nations, including those in the public domain, were
used in the preparation of this report. The Government of Israel and the Palestinian
Authority were consulted in the preparation of this report and asked to provide
information they deemed relevant. Some of that information is attached in annexes I
and II.
B. Compliance with resolution ES-10/13
3. Paragraph 1 of resolution ES-10/13 states that the United Nations General
Assembly “demands that Israel stop and reverse the construction of the wall in the
Occupied Palestinian Territory, including in and around East Jerusalem, which is in
departure of the Armistice Line of 1949 and is in contradiction to relevant
provisions of international law”. Israel has not complied with that demand. It has not
stopped or reversed the ongoing construction of the Barrier. This is shown by the
following information from United Nations field monitoring:
• Ongoing construction in the occupied Palestinian territory, along the north-east
boundary of the West Bank and east of Jerusalem
• Levelling of land for a section in the north-west of the West Bank
• Ongoing issuance of land requisition orders
• Release of the first official map showing the planned route of the Barrier and
declaration of intent to complete it by 2005.
C. Route of the Barrier
1. Background to the construction of the Barrier
4. The Government of Israel has since 1996 considered plans to halt infiltration
into Israel from the central and northern West Bank, with the first Cabinet approval
of such a plan in July 2001. After a sharp rise in Palestinian terror attacks in the
__________________
* Palestinians often call this system the Separation Wall and Israelis use the term Security Fence.
For the purposes of the present report, the more general term “the Barrier” is used.
3
A/ES-10/248
spring of 2002, the Cabinet approved Government Decision 64/B on 14 April 2002,
which called for construction of 80 kilometres of the Barrier in the three areas of the
West Bank. The Seam Zone Administration, headed by the director general of the
Israeli Ministry of Defence, was established to implement that decision.
5. On 23 June 2002, Israel’s Cabinet Decision 2077 approved the first phase of a
“continuous” Barrier in parts of the West Bank and Jerusalem. The decision stated
that the Barrier “is a security measure” that “does not represent a political or other
border”. The route discussed was not made public; the decision stated that the “exact
and final route of the fence will be decided by the prime minister and minister of
defence”. On 14 August 2002, the Cabinet approved the final route for Phase A
construction, which ultimately included 123 kilometres in the northern West Bank
and 19.5 kilometres around Jerusalem, almost entirely on land occupied by Israel in
1967.
2. The overall route
6. On 1 October 2003, after nearly a year of construction on various sections, the
Israeli Cabinet approved a full Barrier route in Decision 883. Ministry of Defence
documents say the planned route of the Barrier will form one continuous line
stretching 720 kilometres along the West Bank. A map of the route, which shows
both completed and planned sections, was posted on the Ministry of Defence web
site on 23 October 2003, two days after the General Assembly approved resolution
ES-10/13.
7. Much of the completed Barrier, excluding East Jerusalem, runs close to the
Green Line, though within Palestinian territory. The completed Barrier deviates
more than 7.5 kilometres from the Green Line in certain places to incorporate
settlements, while encircling Palestinian population areas. The part of the Barrier
that roughly hews to the Green Line is along the northernmost part of the West
Bank. A 1-2 kilometre stretch west of Tulkarm appears to run on the Israeli side of
the Green Line. The planned route, if fully constructed, would deviate up to 22
kilometres in places from the Green Line.
8. Based on the route on the official map, including depth barriers and East
Jerusalem, approximately 975 square kilometres, or 16.6 per cent of the entire West
Bank, will lie between the Barrier and the Green Line. This area is home to
approximately 17,000 Palestinians in the West Bank and 220,000 in East Jerusalem.
If the full route is completed, another 160,000 Palestinians will live in enclaves,
areas where the Barrier almost completely encircles communities and tracts of land.
The planned route incorporates nearly 320,000 settlers, including approximately
178,000 in occupied East Jerusalem.
3. Description of the Barrier
9. According to Israeli Ministry of Defence documents and field observation, the
Barrier complex consists of the following main components: a fence with electronic
sensors designed to alert Israeli military forces of infiltration attempts; a ditch (up to
4 metres deep); an asphalt two-lane patrol road; a trace road (a strip of sand
smoothed to detect footprints) that runs parallel to the fence; and a stack of six coils
of barbed wire marking the complex’s perimeter. This complex has an average width
of 50-70 metres, increasing to as much as 100 metres in some places.
4
A/ES-10/248
10. Ministry of Defence documents say that “various observation systems are
being installed along the fence”. These apparently include cameras and watchtowers
in some places where the Barrier consists of concrete walls. A planned allied
component is “depth barriers”, secondary barriers that loop out from the main
Barrier to the east. Two depth barriers are part of the planned route in the central
West Bank. Another three “depth barriers” in the northern West Bank that have
appeared on some unofficial maps have not been built and are not part of the 23
October official map.
11. Concrete walls cover about 8.5 kilometres of the approximately 180 kilometres
of the Barrier completed or under construction. These parts of the Barrier, which the
Israel Defense Forces (IDF) terms “gunfire protection walls”, are generally found
where Palestinian population centres abut Israel, such as the towns of Qalqiliya and
Tulkarm, and parts of Jerusalem. Some are currently under construction, while
others were planned and built separately from the current project, such as part of the
wall next to Qalqiliya, which was built in 1996 in conjunction with a highway
project.
4. Phases of the route completed or under construction
12. Phase A (excluding occupied East Jerusalem). This initial part of the Barrier,
which runs 123 kilometres from the Salem checkpoint north of Jenin to the
settlement of Elkana in the central West Bank, was declared completed 31 July
2003, although work continues in some parts. Much of Phase A construction
deviates from the Green Line, and incorporates Israeli settlements. United Nations
offices on the ground calculate that the Barrier has put approximately 56,000
Palestinians in enclaves, areas encircled by the Barrier that open into the West Bank.
They include about 5,300 Palestinians in “closed areas” between the Barrier and the
Green Line where Israel requires permits or identity cards for Palestinians who
reside there or want to enter the area. The enclaves include the town of Qalqiliya
(pop. 41,606) and, to its south, a cluster of three villages with about 7,300 residents.
13. Phase B. This section is planned to run 45 kilometres east from the Salem
checkpoint along the northern part of the Green Line to the Jordan Valley, and is
scheduled for completion in December 2003. It does not incorporate any settlements
or create any Palestinian enclaves.
14. Jerusalem. The existing barrier and planned route around Jerusalem is beyond
the Green Line and, in some cases, the eastern municipal boundary of Jerusalem as
annexed by Israel. Completed sections include two parts totalling 19.5 kilometres
that flank Jerusalem, and a 1.5-kilometre concrete wall in the eastern Jerusalem
neighbourhood of Abu Dis. The planned route includes a section due east of
Jerusalem that links up with the existing Abu Dis wall; levelling of land has started
at its southern end. A second section runs through the northern Jerusalem suburb of
Al-Ram, which will be cut off from Jerusalem, and links with the existing northern
barrier section at the Qalandia checkpoint. A third section will surround five
Palestinian communities north-west of Jerusalem, creating a 2,000-acre enclave with
14,500 people. A gap remains in the planned route due east of Jerusalem near the
settlement of Maale Adumim.
5
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5. Planned phases of the route
15. Elkana to Ofer Camp. This section links the north-western end of the
Jerusalem Barrier with the southern point of Phase A construction at Elkana. It
includes two “depth barriers” that together create enclaves encompassing around
29,000 acres and 72,000 Palestinians in 24 communities. The route deviates up to 22
kilometres from the Green Line to include several large settlements and
approximately 52,000 settlers in the “Ariel salient”. Cabinet Decision 883 of 1
October does not explain the nature of the Barrier around this area, where the
Government of Israel has said it would build disconnected “horseshoes” around the
settlements. However, the official map shows a planned route that seamlessly
encompasses the settlement block.
16. Southern West Bank. According to the official map, this route of the Barrier in
the southern West Bank runs 115 kilometres from the Har Gilo settlement near
Jerusalem to the Carmel settlement near the Green Line south-east of Hebron. It cuts
several kilometres into the West Bank to encompass the Gush Etzion settlement
block and the settlement of Efrat, creating enclaves with around 17,000 Palestinians.
Ministry of Defence documents say that construction on this stage, which has not
started yet, is slated for completion in 2005.
6. Process of land requisition as part of the Barrier’s construction
17. Land obtained for the building of the Barrier is requisitioned by military orders
in the West Bank and by the Ministry of Defence in Jerusalem Municipality. The
orders generally become effective on the date they are signed and are valid even if
they are not personally served on the property owners. Most orders are valid until 31
December 2005 and can be renewed.
18. Orders are sometimes left on the property itself or served on the village
council without personal service being given to the property owner. Landowners
have one or two weeks from the date of signature to object to the relevant
committee. The property owner can also petition the High Court of Israel.
According to IDF, over 400 first-instance objections have been submitted and 15
petitions have been lodged with the High Court on behalf of families or entire
villages.
7. The establishment of closed areas
19. On 2 October 2003, IDF issued a series of legal instruments (“the Orders”)
pertaining to land in the north-west part of the West Bank that lies between the
Barrier and the Green Line (“Closed Area”). The Orders provide that “no person
will enter the seam zone and no one will remain there” and will affect 73 square
kilometres and approximately 5,300 Palestinians living in 15 communities.
20. The Orders introduce a new system of residency status. Only on issuance of a
permit or ID card by IDF will residents of the Closed Area be able to remain and
will others be granted access to it. Israeli citizens, Israeli permanent residents and
those eligible to immigrate to Israel in accordance with the Law of Return can
remain in or move freely to, from and within the Closed Area without a similar
permit.
21. At the date of writing, most residents in the Closed Area had received permits
although they were only generally valid for a period of one, three or six months. As
6
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for those non-residents seeking access to the Closed Areas, indications are that a
majority of those who need or want access to the Closed Area had not yet received
permits.
22. Even with a permit or ID card, access and egress are regulated by the schedule
of operation of the access gates, which is reportedly limited at present to openings of
15 minutes three times a day. However, if residents are denied regular access to their
farmlands, jobs and services, a concern is raised that Palestinians may leave the
area. In this connection, it should be noted that in the past, Israel has expropriated
land for not being adequately cultivated, pursuant to military orders or through
enforcement of domestic legislation in the West Bank inherited from the Ottoman
and Jordanian regimes.
D. Humanitarian and socio-economic impact
23. The Barrier, in both completed and planned sections, appears likely to deepen
the fragmentation of the West Bank created by the closure system Israel imposed
after the outbreak of hostilities in September/October 2000. The main component of
the closure system is a series of checkpoints and blockades that severely restrict the
movement of Palestinian people and goods, causing serious socio-economic harm.
Recent reports by the World Bank and the United Nations show that construction has
dramatically increased such damage in communities along its route, primarily
through the loss of, or severely limited access to, land, jobs and markets. According
to the Palestinian Central Bureau of Statistics, so far the Barrier has separated 30
localities from health services, 22 from schools, 8 from primary water sources and 3
from electricity networks.
24. Palestinians living in enclaves are facing some of the harshest consequences of
the Barrier’s construction and route. For example, the Barrier surrounds the town of
Qalqiliya, with the only exit and entry point controlled by an Israeli military
checkpoint. This has isolated the town from almost all its agricultural land, while
surrounding villages are separated from its markets and services. A United Nations
hospital in the town has experienced a 40 per cent decrease in caseloads. Further
north, the Barrier is currently creating an enclave around the town of Nazlat Issa,
whose commercial areas have been destroyed through Israel’s demolition of at least
seven residences and 125 shops.
25. Completed sections of the Barrier have had a serious impact on agriculture in
what is considered the “breadbasket” of the West Bank. In 2000, the three
governorates of Jenin, Tulkarm and Qalqiliya produced US$ 220 million in
agricultural output, or 45 per cent of total agricultural production in the West Bank.
Palestinian cultivated land lying on the Barrier’s route has been requisitioned and
destroyed and tens of thousands of trees have been uprooted. Farmers separated
from their land, and often also from their water sources, must cross the Barrier via
the controlled gates. Recent harvests from many villages have perished due to the
irregular opening times and the apparently arbitrary granting or denial of passage.
According to a recent World Food Programme survey, this has increased food
insecurity in the area, where there are 25,000 new recipients of food assistance as a
direct consequence of the Barrier’s construction.
26. The Barrier’s route through Jerusalem will also severely restrict movement and
access for tens of thousands of urban Palestinians. A concrete wall through the
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neighbourhood of Abu Dis has already affected access to jobs and essential social
services, notably schools and hospitals. The northern section of the Barrier has
harmed long-standing commercial and social connections for tens of thousands of
people, a phenomenon that will be repeated along much of the route through
Jerusalem. The residences of some Jerusalem identity card holders are outside the
Barrier, while those of some West Bank identity card holders are inside the Barrier.
This raises concerns about the future status of residency for Palestinians in occupied
East Jerusalem under current Israeli laws.
27. If Israel persists in its construction of the Barrier, some of its economic and
humanitarian impact can be limited if Israel allows regular movement through a
series of 41 gates to Palestinians living east of the Barrier who need to access their
farms, jobs or services in the “Closed Area” to the west. Despite posted opening
times, the gates are not open with any regularity. Moreover, such access cannot
compensate for incomes lost from the Barrier’s destruction of property, land and
businesses. This raises concerns over violations of the rights of the Palestinians to
work, health, education and an adequate standard of living.
E. Observations
28. In keeping with the request of the General Assembly in resolution ES-
10/13, I have concluded that Israel is not in compliance with the Assembly’s
demand that it “stop and reverse the construction of the wall in the Occupied
Palestinian Territory”.
29. Israel has repeatedly stated that the Barrier is a temporary measure.
However, the scope of construction and the amount of occupied West Bank land
that is either being requisitioned for its route or that will end up between the
Barrier and the Green Line are of serious concern and have implications for
the future. In the midst of the road map process, when each party should be
making good-faith confidence-building gestures, the Barrier’s construction in
the West Bank cannot, in this regard, be seen as anything but a deeply
counterproductive act. The placing of most of the structure on occupied
Palestinian land could impair future negotiations.
30. I acknowledge and recognize Israel’s right and duty to protect its people
against terrorist attacks. However, that duty should not be carried out in a way
that is in contradiction to international law, that could damage the longer-term
prospects for peace by making the creation of an independent, viable and
contiguous Palestinian State more difficult, or that increases suffering among
the Palestinian people.
31. After so many years of bloodshed, dislocation and suffering, it should be
clear to all of us, as well as to the parties, that only through a just,
comprehensive and lasting peace settlement based on Security Council
resolutions 242 (1967) and 338 (1973) can the security of both Palestinians and
Israelis be assured. There is wide support in the international community for a
two-State solution — Israel and Palestine living side by side in peace and
security within secure and recognized borders, as called for by the Security
Council in resolutions 1397 (2002) and 1515 (2003). That support must urgently
be marshalled to assist the parties in achieving that end.
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Annex I
Summary legal position of the Government of Israel
1. Much of the information in this annex is derived from materials provided to
the United Nations by the Government of Israel. Other information comes from
publicly available sources.
2. Israel’s Parliament has not incorporated the Hague Regulations into domestic
legislation; however, Israeli authorities have relied on article 23 (g) of those
Regulations, which permits the seizure of property if demanded by the necessities of
war.
3. Despite having ratified the Fourth Geneva Convention, Israel has not
incorporated it into its domestic legislation. Nor does it agree that the Convention is
applicable to the occupied Palestinian territory, citing the lack of recognition of the
territory as sovereign prior to its annexation by Jordan and Egypt and, therefore, not
a territory of a High Contracting Party as required by the Convention.
4. Israel denies that the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights, both of which
it has signed, are applicable to the occupied Palestinian territory. It asserts that
humanitarian law is the protection granted in a conflict situation such as the one in
the West Bank and Gaza Strip, whereas human rights treaties were intended for the
protection of citizens from their own Government in times of peace.
5. Regarding the route, the Government of Israel states that neither the “Green
Line” nor the armistice line were confirmed as international boundaries in Security
Council resolutions 242 (1967) and 338 (1973), which call upon the parties to
negotiate. The legal status of the occupied Palestinian territory remains disputed.
6. According to its statement made before the General Assembly on 20 October
2003, the Government of Israel believes the construction of the Barrier is consistent
with Article 51 of the Charter of the United Nations, its inherent right to selfdefence
and Security Council resolutions 1368 (2001) and 1373 (2001). Israeli
officials say the Barrier has contributed to a significant decline in the number of
attacks inside Israel. According to the Ministry of Foreign Affairs, between 1 April
2002 and 31 December 2002, 17 suicide bombers crossed into Israel from the central
West Bank and killed 89 Israelis. Between 1 January 2003 and 5 November 2003,
after part of the Barrier had been completed, eight suicide bombers entered Israel
from the central West Bank and killed 51 Israelis.
7. The Government of Israel has asserted that land requisitions issued to enable
the building of the Barrier are proportionate given the number of deaths and injuries
sustained by Israeli citizens and are carried out in accordance with both international
and local law.
8. The Government of Israel argues: there is no change in ownership of the land;
compensation is available for use of the land, crop yield or damage to the land;
residents can petition the Supreme Court to halt or alter construction and there is no
change in resident status. It says that the completion of the Barrier will in fact, allow
the Israel Defense Forces (IDF) to reduce its presence in the West Bank and remove
roadblocks and checkpoints, thereby improving overall humanitarian conditions in
the West Bank.
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9. The Ministry of Foreign Affairs emphasized that the permit process for the
Closed Area is still in its early stages and that Israel is “committed that residents and
those that use the area will be able to live in and use the area with minimal
interference”.
10. As for access to the Closed Area by non-residents, the Ministry of Foreign
Affairs has advised that permits, as opposed to ID Cards, will be issued based upon
need. They explain that the activity of the individual will affect the nature of the
permit; for example, a teacher would receive a permit for an entire school year and
an olive farmer based on seasonal needs, and the health-care worker might have a
permit for all occasions. While legal proof of ownership or residence would be best,
it will not be necessary to receive official documentation proving ownership. Those
wishing to visit friends and family would be permitted access subject to the security
situation.
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Annex II
Summary legal position of the Palestine Liberation
Organization
1. The Palestine Liberation Organization legal opinion requested for this report
cites several provisions and principles of international law as bearing on the
question of the legality of the construction of the Barrier within the occupied
Palestinian territory. Among them:
• Israel has a right to undertake certain limited measures in cases of strict
military necessity and to protect its legitimate security interests. However,
these measures must be taken in accordance with international human rights
and humanitarian law.
• The measure of constructing the wall within the occupied Palestinian territory
and related measures taken by the Government of Israel constitute violations of
international humanitarian law because those measures are not justified by
military necessity and violate the principle of proportionality. The harm those
measures have caused include:
– Extensive destruction of Palestinian homes and other property and
appropriation of property not justified by military necessity, contrary to the
Fourth Geneva Convention;
– Infringements on the freedom of movement contrary to the International
Covenant on Civil and Political Rights and in violation of the obligations of
the Government of Israel under the Fourth Geneva Convention;
– Infringements on the rights to education, work, an adequate standard of
living and health care contrary to the Convention on the Rights of the Child
and the International Covenant on Economic, Social and Cultural Rights and
in violation of the obligations of the Government of Israel pursuant to the
Fourth Geneva Convention;
– Violations of the prohibition against arbitrary interference of home contrary
to the International Covenant on Economic, Social and Cultural Rights and
the freedom to choose one’s residence contrary to the International Covenant
on Civil and Political Rights and in violation of the protections provided in
the Fourth Geneva Convention as a result of the permit system established in
the Closed Area.
2. This violation of these Palestinian rights, including facilitating the entry into
and residency of Israeli civilians in the Closed Area while restricting Palestinian
access to and residency in that Area, are causing long-term, permanent harm,
including the transfer of Palestinians, contrary to the Fourth Geneva Convention and
the International Covenant on Economic, Social and Cultural Rights.
• Because these Israeli measures are neither necessary nor proportionate, they
give rise to criminal liability by the Government of Israel for violations of
human rights and some prima facie grave breaches of the Fourth Geneva
Convention.
• The requirement of proportionality can more likely be met by building the
Barrier within Israeli territory or even on the Green Line and by evacuating the
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Israeli civilian nationals currently residing in the Occupied West Bank contrary
to international law.
• The construction of the Barrier is an attempt to annex the territory contrary to
international law.
• The de facto annexation of land interferes with the territorial sovereignty and
consequently with the right of the Palestinians to self-determination.
United Nations A/ES-10/294
General Assembly Distr.: General
13 January 2005
Original: English
05-20986 (E) 180105
*0520986*
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Letter dated 11 January 2005 from the Secretary-General to the
President of the General Assembly
You will recall that in its resolution ES-10/15, adopted at the tenth emergency
special session, the General Assembly acknowledged 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 (A/ES-10/273 and
Corr.1), including in and around East Jerusalem, and requested that I “establish a
register of damage caused to all natural or legal persons concerned in connection
with paragraphs 152 and 153 of the advisory opinion”.
In its advisory opinion, the International Court of Justice had concluded that
by the construction of the wall in the occupied Palestinian territory, Israel had
violated various international law obligations incumbent upon it (para. 143) and that
since the construction of the wall entailed the requisition and destruction of homes,
businesses and agricultural holdings (para. 152), “Israel has the obligation to make
reparation for the damage caused to all the natural and legal persons concerned”. In
paragraph 153 of its Opinion, the Court said:
“Israel is accordingly under an obligation to return the land, orchards,
olive groves and other immovable property seized from any natural or legal
person for purposes of construction of the wall in the Occupied Palestinian
Territory. In the event that such restitution should prove to be materially
impossible, Israel has an obligation to compensate the persons in question for
the damage suffered. The Court considers that Israel also has an obligation to
compensate, in accordance with the applicable rules of international law, all
natural or legal persons having suffered any form of material damage as a
result of the wall’s construction.”
A register of damage is technically speaking a list or a record in documentary
form. However, such a document cannot establish itself spontaneously. There is,
therefore, a need for a mechanism that will be responsible for establishing and
maintaining such a document. The legal and institutional framework set out below
foresees a register and a mechanism for its establishment, a Registry.
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I. The purpose and legal nature of the Registry
1. The registration of damage is a technical, fact-finding process of listing or
recording the fact and type of the damage caused as a result of the construction of
the wall.* It thus entails a detailed submission process that would include a
statement setting out the alleged damage, eligibility for registration and the
causality between the construction of the wall and the damage sustained. It is
important to understand that the Registry is not a compensation commission or a
claims-resolution facility, nor is it a judicial or quasi-judicial body. The act of
registration of damage, as such, does not entail an evaluation or an assessment of
the loss or damage.
II. The structure and functions of the Registry
2. The Registry will consist of: (a) a Board, whose members are appointed by the
Secretary-General in their personal capacity, and who shall be independent; (b) legal
and technical experts in land and agriculture and in such other fields as may be
necessary, appointed by the Board; and (c) a small secretariat consisting of
administrative and technical support staff.
3. The Board will establish the rules and regulations governing the work of the
Registry, and will have the overall responsibility for the establishment and
maintenance of the register. It will establish eligibility criteria, categories of damage
and the process of registration. On the recommendation of the experts, the Board
will have the ultimate authority in determining the inclusion of damage in the
register. The Board will report periodically to the Secretary-General.
4. Under the authority of the Board, the experts will consider submissions for
inclusion in the register and deal with any other question entrusted to them by the
Board. On the basis of the foregoing, they will recommend the inclusion of damage
in the register.
5. The secretariat will service the members of the Board and the experts. It will
be responsible for the administration of the Registry and the compilation of the
database.
III. The legal status of the Registry
6. The Registry will be a subsidiary organ of the United Nations operating under
the authority of the Secretary-General. The Convention on the Privileges and
Immunities of the United Nations will thus apply to the Registry, its premises,
equipment, database and personnel. The secretariat staff will have the status of
officials of the United Nations within the meaning of articles V and VII of the
Convention, and the members of the Board and technical experts will have the status
of experts on mission within the meaning of article VI of the Convention.
IV. Resource requirements
7. The Registry will require adequate resources in keeping with its mandate and
technical requirements. As a subsidiary organ of the United Nations it will be
financed through assessed contributions. It is my intention to revert to the General
Assembly in due course on the budgetary implications of the establishment of the
Registry.
* The term used in the present letter, “the wall”, is the one employed by the General Assembly.
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V. The process of registration
8. In devising the process of registration, eligibility criteria and categories of
damage, the Board will be guided by the relevant findings of the advisory opinion,
general principles of law and, to the extent of their relevancy, principles of due
process of law. The register will be publicly available.
1. Eligibility for registration
9. In accordance with the advisory opinion, both natural and legal persons who
have sustained any form of material damage as a result of the construction of the
wall are eligible for compensation. They are thus eligible to request the inclusion of
damage in the register.
10. In accordance with the advisory opinion, the damage must be material damage,
and a causal link will have to be established between the construction of the wall
and the damage sustained.
2. Categories of damage
11. In paragraphs 133 and 153 of its advisory opinion, the International Court of
Justice described the kinds of damage sustained as a result of the construction of the
wall. They include: destruction and requisition of properties, seizure or confiscation
of land, destruction of orchards, citrus groves, olive groves and wells and the
seizure of other immovable property. Moreover, material damage sustained as a
result of the construction of the wall is not limited to lands and crops, but also
includes impeded access to means of subsistence, urban centres, work place, health
services, educational establishments and primary source of water in areas between
the green line and the wall itself. The categories of such material damage and their
eligibility for registration will be elaborated in greater detail by the members of the
Board.
3. Verification
12. A decision when and if it would be appropriate to engage in a process of
verifying the fact and extent of the damage will be taken at a subsequent stage.
VI. The life-span of the Registry and the duration of the register
13. (a) The Registry will remain active for the duration of the process of
registration. With the completion of the registration process, the Registry will be
dissolved;
(b) The register of damage will remain open for registration for the duration
of the wall on occupied Palestinian territory.
VII. Cooperation with the Government of Israel
14. The establishment and operation of the Registry in the occupied Palestinian
territory will require the cooperation of the Israeli authorities in granting the
Registry, its premises, database and other equipment, including its members, the
privileges and immunities to which they are entitled under the Convention on the
Privileges and Immunities of the United Nations. It will also require its cooperation
in facilitating its operations, including granting the members and experts access to
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documentary materials, to any governmental or municipal authority, organization or
institution, or any other person whose information can assist the Board in the
submission process.
I will keep the General Assembly appraised of developments relating to the
establishment of the Registry.
(Signed) Kofi A. Annan
United Nations A/ES-10/304
General Assembly Distr.: General
5 July 2005
English
Original: French
05-40999 (E) 120705 130705
*0540999*
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem
and the rest of the Occupied Palestinian Territory
Letter dated 30 June 2005 from the Permanent Representative of
Switzerland to the United Nations addressed to the President of
the General Assembly
I have the honour to transmit herewith the report prepared by Switzerland in
its capacity as depositary of the Geneva Conventions, pursuant to paragraph 7 of
resolution ES-10/15, adopted by the General Assembly on 20 July 2004, at the 27th
meeting of its tenth emergency special session, which states:
“[The General Assembly] [c]alls upon all States parties to the Fourth
Geneva Convention to ensure respect by Israel for 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.”
Pursuant to its mandate, Switzerland held broad consultations with the parties
to the conflict, the actors involved in the peace process and other important actors in
the region. All the High Contracting Parties to the Fourth Geneva Convention were
also informed and consulted.
The present report was prepared by the depositary on the basis of those
consultations; it contains summaries of the proposals and responses collected. The
depositary was encouraged by a large number of parties not only to report on the
results of the consultations, but also to formulate concluding observations. The
report was concluded on 27 June 2005 and does not take into account any
developments subsequent to that date.
Switzerland wishes to thank the High Contracting Parties to the Fourth Geneva
Convention and all the other parties concerned for their cooperation and the support
they provided throughout the consultations.
I should be grateful if you would circulate this report as a document of the
tenth emergency special session of the General Assembly, under agenda item 5.
(Signed) Peter Maurer
Permanent Representative of Switzerland
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Annex to the letter dated 30 June 2005 from the Permanent
Representative of Switzerland to the United Nations
addressed to the President of the General Assembly
Report by Switzerland, in its capacity as the depositary of
the Geneva Conventions, pursuant to General Assembly
resolution ES-10/15
27 June 2005
I. Introduction
1. At the 23rd meeting of its tenth emergency special session, on 8 December
2003, the General Assembly adopted resolution ES-10/14, by which it requested the
International Court of Justice to render an advisory opinion on 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”.1
2. On 9 July 2004, the International Court of Justice delivered its advisory
opinion on the Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory. The advisory opinion, along with the separate opinions and
the declaration appended thereto, was transmitted by the Secretary-General to the
General Assembly on 13 July 2004.2
3. The International Court of Justice replied to the question put forth by the
General Assembly in resolution ES-10/14 as follows:3
“A. The construction of the wall being built by Israel, the occupying Power,
in the Occupied Palestinian Territory, including in and around 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
__________________
1 See A/RES/ES-10/14.
2 See A/ES-10/273 and Corr.1.
3 See A/ES-10/273, para. 163.
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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.”
4. At the 27th meeting of its tenth emergency special session, on 20 July 2004,
the General Assembly adopted resolution ES-10/15 by which it “[a]cknowledges the
advisory opinion of the International Court of Justice […]”4 and “[d]emands that
Israel, the occupying Power, comply with its legal obligations as mentioned in the
advisory opinion”.5 Furthermore, the General Assembly, through paragraph 7 of
resolution ES-10/15:
“Calls upon all States parties to the Fourth Geneva Convention to ensure
respect by Israel for 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;”
5. The present report is submitted pursuant to paragraph 7 of resolution
ES-10/15. It represents the depositary’s summary of consultations undertaken and
responses received from the High Contracting Parties to the Fourth Geneva
Convention.
II. Consultations
6. In carrying out its mandate, the depositary began the consultations with the
parties directly concerned and continued with the actors involved in the peace
process and other important actors in the region. The depositary then consulted all
the High Contracting Parties to the Fourth Geneva Convention.
7. The consultations took place in the capitals.
8. The depositary was able to count on the cooperation of all parties.
9. The depositary was encouraged not only to report on the consultations
undertaken but also to formulate concluding observations.
III. Political context
10. The consultations were conducted in a context of ongoing political changes,
with the advisory opinion as legal framework.
11. Various interlocutors emphasized the fact that the situation has changed since
the adoption of resolution ES-10/15. They welcomed the encouraging political
developments observed in the region over the past months. There is hope that these
__________________
4 See A/RES/ES-10/15, para. 1.
5 See A/RES/ES-10/15, para. 2.
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developments, which include the implementation of the disengagement plan from
the Gaza Strip and the Northern West Bank, will contribute to relaunching the
political process.
12. Apprehension was expressed that the disengagement from the Gaza Strip and
the Northern West Bank would bring about a transfer of settlers to one or the other
of the settlements remaining in the West Bank and in East Jerusalem.
13. Mention was made of the lack of implementation of the Quartet road map and
the delays in the implementation of the Sharm el-Sheikh Summit commitments. It
was considered to be of paramount importance that the two parties respect and
implement their respective commitments.
14. Several States expressed their concerns regarding the situation created on the
ground in the West Bank and the impact of these activities on East Jerusalem. They
also underlined the risk that this situation will prejudge negotiations to come on the
final status and the borders of a future Palestinian State, or even render unrealistic
the vision of two States living side by side in peace and security.
IV. Results
A. General remarks
15. The question of the scope of the mandate and of its interpretation by the High
Contracting Parties was raised.
16. The majority supports a broad interpretation of the mandate, meaning respect
for the Fourth Geneva Convention throughout the Occupied Palestinian Territory. A
minority advocates for an interpretation limited to the barrier6 and its direct
consequences. An approach consisting of a broad interpretation while paying special
attention to the barrier can be supported by all those consulted.
17. Resolution ES-10/15 refers to a conference of High Contracting Parties as one
option among others. The consultations produced a virtual consensus on the
inadvisability of holding a new conference in the present circumstances. Some
States expressed opposition on principle: a conference is likely to politicize
international humanitarian law and to pose an obstacle to relaunching the peace
process. Others considered that it would be difficult to determine what a new
conference could possibly contribute in the way of added value, given the
conclusions reached by the International Court of Justice in its advisory opinion.
Others noted that two conferences of High Contracting Parties had already been
held, in 1999 and 2001 respectively; a declaration emphasizing law and the
obligations of the parties to the conflict, of the occupying Power, and of the High
Contracting Parties had been adopted on 5 December 2001. A very small minority
considered that a conference should not automatically be dismissed.
18. At the same time, all the High Contracting Parties recognize the need to
improve rapidly the living conditions of the civilian population in the Occupied
__________________
6 The depositary is aware of the discussion about the correct term for the structure in question.
For the purposes of this communication, the depositary will use the term “barrier” for the
reasons set forth in the report of the Secretary-General of 24 November 2003 prepared pursuant
to General Assembly resolution ES-10/13.
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Palestinian Territory and to identify concrete measures for doing so. Some noted the
high expectations of the Palestinian civilian population for a speedy and tangible
improvement in its everyday life.
19. It was suggested by some that political progress and the implementation of the
Quartet road map constitute the best means to achieve improvements in the
humanitarian situation.
20. However, the great majority considers that an improvement in the
humanitarian situation, by means of greater respect for international humanitarian
law, would create an environment favourable to political progress. Certain States
feel that respect for international humanitarian law as such also constitutes a
confidence-building measure.
21. Encouraging dialogue and direct contact among the parties to the conflict is
considered to be a priority.
22. The vast majority of States reaffirm that the applicable legal framework and
the obligations of the parties concerned were determined by the International Court
of Justice in its advisory opinion of 9 July 2004 and cannot be called into question.
23. Israel is generally expected to abide by the law and the findings of the
advisory opinion. In addition to the conclusions regarding the barrier, many of the
States consulted reaffirmed the de jure applicability of the Fourth Geneva
Convention and of the human rights instruments ratified by Israel; the illegality of
the settlements established by Israel in the Occupied Palestinian Territory, including
in and around East Jerusalem; and the right of the Palestinian people to selfdetermination.
24. Israel’s right to defend its population is recognized, provided that the measures
taken in this regard conform to international law principles and standards. Similarly,
the Palestinian Authority is expected to take the necessary measures to ensure
security and to prevent attacks against civilians, which notably take the form of
suicide attacks, and to prosecute those responsible.
25. Many recognize the changes made by Israel in the route of the barrier, as well
as the fact that it has in certain stretches been made to approach, or in places run
concurrent with, the Green Line. Such changes, however, were found to be
insufficient from the standpoint of international law and of the conditions set forth
in the advisory opinion of the International Court of Justice. The continuing
construction of the barrier in the Occupied Palestinian Territory is qualified as
contrary to international law and as a source of preoccupation. Israel is expected to
dismantle the barrier situated in the Occupied Palestinian Territory.
26. The activities associated with the settlements, such as their expansion, their
development, as well as the growing number of outposts, are a source of concern.
The same can be said of the link between settlement activities and the barrier’s
route. The freezing of all settlement activity, in accordance with the Quartet road
map, and of the construction of bypass roads was mentioned several times as
indispensable for the relaunching of the peace process.
27. Many States noted the barrier’s associated regime and its negative effects on
the Palestinian civilian population: the separation of communities by the creation of
closed zones and enclaves, the infringement of property rights and land
confiscation, the permit regime and its arbitrary implementation and the additional
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restrictions on freedom of movement. With regard to the regime associated with the
settlements, mention was made of the bypass roads and the establishment of a
network of roads reserved for the settlers.
28. Many States believe that Israel is prepared to accept and implement selective
measures, but not to significantly modify its policy towards the Occupied
Palestinian Territory. Some States think Israel’s objective is to stall for time in order
to ensure its control over East Jerusalem and the West Bank by continuing to build
the barrier, by expanding the settlements and by implementing other measures that
contribute to changing the appearance and demographic make-up of the Occupied
Palestinian Territory.
29. Without minimizing the importance of the obligations arising from
international law, as reaffirmed in the advisory opinion, the great majority of those
consulted recommend proceeding to improve the lot of the Palestinians
progressively through the implementation of concrete measures.
B. Proposals
30. Various proposals were made in relation to the barrier. Certain States asked
that it be dismantled, while others proposed that changes be made to its route along
the Green Line. Still others called for a firm commitment on Israel’s part to
dismantle the barrier as soon as the security situation becomes satisfactory, or, at the
very latest, five years from the present date. Another proposal involved Israel
declaring an initial three- to six-month moratorium on the construction of the
barrier, as a sign of its commitment to relaunching the peace process. Mention was
also made of the fact that no financial contribution should permit or facilitate the
construction of the barrier.
31. Restrictions to freedom of movement are recognized as the main cause of the
humanitarian, economic and social crisis afflicting the Occupied Palestinian
Territory. The situation was considered to comprise two complementary problems of
access: one, the access of humanitarian organizations to the populations concerned,
and two, the civilian population’s access to social and economic goods and services,
to its land and to its place of work. A reduction in the number of checkpoints and
roadblocks would mean an improvement in freedom of movement among cities as
well as between cities and neighbouring villages, and would help to improve the
humanitarian situation.
32. It is generally considered imperative that the civilian population’s access to
schools, hospitals and agricultural land be improved. The normal import and export
of goods to and from the Gaza Strip and the West Bank, as well as between these
two parts of the Occupied Palestinian Territory, must be guaranteed in order to
permit economic recovery. Access between East Jerusalem and the West Bank as
well as humanitarian access must be ensured at all times, the latter taking on
particular importance in the context of the withdrawal from the Gaza Strip.
33. Other more specific measures were also mentioned, including the release of
political prisoners and detained women and the improvement of infrastructure,
notably in the water sector. Israel’s renunciation at the Sharm el-Sheikh Summit of
extrajudicial executions and of its policy of collective punishments, such as house
demolitions, is considered a key measure which must be maintained.
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34. Dialogue between the parties to the conflict, and support for such dialogue,
was emphasized as crucial. Various proposals were made in this regard: dialogue
between Israel and the Palestinian Authority, with possible facilitation from thirdparty
States; the establishment of a mechanism to further dialogue between the
parties to the conflict, involving the participation by a group of States enjoying the
trust of both parties and committed to ensuring respect for the Geneva Conventions;
and the establishment of two such mechanisms in parallel, one with Israel, the other
with the Palestinian Authority, each with the participation of a group of States
enjoying the trust of both parties, and committed to ensuring respect for the Geneva
Conventions. The modalities with regard to level (technical or political) and
character (formal or informal) as well as follow-up would still need to be defined.
35. Another proposal was for an informal meeting of experts to discuss the
challenges to the application of international humanitarian law in the context of the
Israeli-Palestinian conflict.
36. A proposal was made for monthly reporting on the implementation of
resolution ES-10/15. Another proposal involved establishing a mechanism to
centralize all information concerning compliance with the Fourth Geneva
Convention and to guarantee its dissemination.
37. Some States referred to the elements mentioned in the Declaration on Palestine
adopted at the Ministerial Conference of the Non-Aligned Movement in August
2004 in Durban, South Africa.7
C. Position and proposals of parties concerned
38. Israel maintains that the barrier is a temporary measure and justifies its
construction on security grounds and the fact that it contributes to saving lives.
39. Changes to the route of the barrier were carried out following the judgement
handed down by the Israeli Supreme Court on 30 June 2004 in the Beit Sourik
Village Council vs. the Government of Israel and vs. Commander of the IDF Forces
in the West Bank case. The Israeli Supreme Court held the barrier’s construction to
be in itself in accordance with international law applicable to an area under
occupation if it is necessitated by military needs. Under this condition, the
construction of the barrier is within the authority of the military commander. But
this authority is inherently temporary as occupation is by definition temporary.
40. The Israeli Supreme Court affirmed the military authorities’ obligation to
respect international humanitarian law and Israel’s own principles of administrative
law in their choice of a route for the barrier; in particular the principle of
proportionality which requires a balance between military interests on the one hand
and the rights and needs of the affected local population on the other. On this basis,
the Court nullified certain land requisition orders made by the military, and thus
obliged it to modify the barrier’s course along the stretches in question.
41. Israel underlines that the barrier’s route is subject to constant re-examination
in the light of the principles established by the Israeli Supreme Court’s judgement in
the Beit Sourik case. Other hearings relating to the barrier are under way.
__________________
7 The Declaration can be read at the following Internet site: www.nam.gov.za/media/040820a.htm.
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42. Israel states that, since the Palestinian presidential elections and the Sharm
el-Sheikh Summit, it has taken a number of steps aimed at easing the Palestinians’
lives. Such steps include transfer of cities to Palestinian Authority responsibility;
release of prisoners; opening crossing points between Israel and the West Bank and
the Gaza Strip; increasing work permits in Israel for Palestinians; easing restrictions
on the entrance of Palestinians into Israel; lifting roadblocks and easing movement
within the West Bank and the Gaza Strip.8
43. Although it has stressed the temporary nature of the barrier, Israel does not
want to make any advance promise to dismantle, even if the security situation were
to improve. Israel has said that it will pursue its construction of the barrier.
44. As for the mandate, Israel has declared its willingness to cooperate and to
pursue a dialogue with the depositary. Israel has also proposed that the depositary
present, for the time being, an interim report to the General Assembly, and continue
the dialogue. However, Israel is opposed to any form of institutional follow-up.
45. According to Israel, measures it will take in the future, like those mentioned in
paragraph 42, will depend on the evolution of the political and security situations.
Israel has said that it is not prepared to make commitments within the context of the
present mandate.
46. For its part, the Palestinian Authority remains extremely concerned by
developments on the ground, in particular by the ongoing construction of the barrier
and by the expansion and construction of new settlements in the West Bank and in
East Jerusalem. The Palestinian Authority stresses the urgency of the situation, and
the fact that developments on the ground are destroying the territorial integrity and
unity of the Occupied Palestinian Territory, including East Jerusalem, and
undermining the efforts aiming to achieve a just, peaceful and lasting settlement of
the conflict based on the two-State solution.
47. The Palestinian Authority is of the view that it is imperative that States make a
clear distinction between their relations with Israel as a State and with Israel as an
occupying Power in terms of its activities in the Occupied Palestinian Territory,
including East Jerusalem. It emphasizes that actions and measures taken by Israel,
occupying Power, should be considered and evaluated by States on the basis of the
relevant rules and principles of international law, including international
humanitarian law and human rights law. The Palestinian Authority expects States to
accept their responsibilities under the Fourth Geneva Convention and take the
appropriate measures.
48. The Palestinian Authority proposes as an initial measure the establishment of a
group of friends with the intention of making regular representations to Israel and
convincing it that it must comply with international law, both in keeping with its
obligations and in its own interest. Such friends would be drawn from among the
States close to Israel.
49. If such a group were unable to bring about a change in Israel’s policy, the
Palestinian Authority deems that it would be necessary to consider the proposals
contained in the Declaration on Palestine adopted by the Non-Aligned Movement in
__________________
8 See the document “Israeli Assistance Steps and Humanitarian Measures Towards the
Palestinians Following the Palestinian Elections and the Sharm el-Sheikh Summit — May
2005”, available at www.mfa.gov.il.
9
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August 2004, in particular its calls for vigorous action on the part of the Security
Council; for punitive measures aimed at preventing the entry of any products from
the settlements, at declining entry of settlers and at imposing sanctions against
companies and entities involved in the construction of the barrier and other illegal
activities in the Occupied Palestinian Territory; and for the adoption of measures by
the High Contracting Parties with a view to ensuring Israel’s compliance with its
obligations under the Fourth Geneva Convention, especially as regards the
punishment of grave breaches.
50. The Palestinian Authority expects a concrete and institutional follow-up to
resolution ES-10/15, as well as intensified efforts on the part of the international
community.
V. Concluding observations
51. Israel’s occupation of the Gaza Strip and the West Bank, including East
Jerusalem, is not taking place in a legal void. International humanitarian law, and in
particular the Fourth Geneva Convention, constitutes the legal framework applicable
to a situation of occupation. It sets out the obligations of all parties to the conflict,
as well as those specifically binding upon an occupying Power. It remains essential
that it be respected. The advisory opinion of the International Court of Justice
confirms the de jure applicability of the Fourth Geneva Convention in the Occupied
Palestinian Territory, including East Jerusalem, which Israel continues to contest.
52. Israel justifies the barrier on security grounds. There is currently no
expectation that Israel will agree to dismantle the barrier, or ensure that it is built
entirely along the Green Line. Nevertheless, Israel has declared that the barrier is a
temporary security means for the prevention of terrorist attacks. It follows that an
improvement in the security situation should make it possible to dismantle the
barrier or move it so that it follows along the Green Line and to put a freeze on its
construction. A formal commitment from Israel along these lines would contribute
to reducing mistrust provided that it is accompanied by a complete freeze on all
settlement activities.
53. The Palestinian Authority, for its part, should pursue its efforts and its
commitment to contribute to the improvement of the security situation. This
includes a strong commitment to reform its security services and improve their
performance, to ensure the maintenance of order and security; and to prevent attacks
against civilians and prosecute those responsible for such attacks.
54. Israel must continue to take measures on behalf of the Palestinian population
in accordance with its international humanitarian law obligations. A number of
measures have already been taken, in large part on the basis of judgements handed
down by the Israeli Supreme Court. Additional measures are necessary.
55. The improvement of the humanitarian, economic and social situation
throughout the Occupied Palestinian Territory remains of primary importance,
regardless of developments at the political and security levels. Concrete measures
can, moreover, help to re-establish mutual trust.
56. In this context, it is incumbent on Israel, as the occupying Power, to take all
necessary measures to facilitate and to promote the movement of persons and goods
in the Occupied Palestinian Territory and between that territory and the outside
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world. This obligation remains applicable despite possible situations of insecurity.
In such circumstances, Israel has the right to take the necessary measures to
maintain the security of its armed forces and of its territory, but it must ensure at all
times the access of the Palestinian population to essential goods and services.
57. It is imperative that the parties concerned, neighbouring countries and the
other High Contracting Parties recognize the urgency of reaching substantial and
systemic improvements to the living conditions of the Palestinian population, in
particular in terms of access to education, health services, employment, and a
productive economic, social, and cultural life. Such measures are all the more
important since they are at the centre of a vision of human security which aims to
reinforce in time the viability of Palestinian institutions and stability in the region.
58. The consultations suggest that a conference of High Contracting Parties is not
the course to be pursued at the moment.
59. Instead, a mechanism promoting dialogue should be envisaged. The depositary
has proposed the establishment of two separate dialogue groups, one with Israel, the
other with the Palestinian Authority, reporting to the Quartet. These would require
the input of other States which have the confidence of both parties and are
committed to ensuring respect for the Geneva Conventions. The modalities of these
dialogue groups remain to be discussed. These dialogues should further respect
international humanitarian law and contribute to the improvement of the
humanitarian situation, in particular by promoting the lifting of restrictions imposed
on the movement of Palestinian persons and goods within as well as outside the
Occupied Palestinian Territory.
60. Despite the fact that the above-mentioned proposals did not enjoy the
necessary support from the parties concerned, the depositary continues to consider
that the approach is in itself a promising one, and believes that the modalities are
worth examining in further detail.
61. The depositary echoes the position of the International Court of Justice. It is
also convinced that only a negotiated settlement of the Israeli-Palestinian conflict,
based on international law, will ensure peace and security in the region with two
States, Israel and Palestine, living side by side.
62. The depositary submits the present report to the General Assembly pursuant to
resolution ES-10/15.
United Nations A/ES-10/361
General Assembly Distr.: General
17 October 2006
Original: English
06-57686 (E) 251006
*0657686*
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in occupied East Jerusalem
and the rest of the occupied Palestinian territory
Report of the Secretary-General pursuant to
General Assembly resolution ES-10/15
Summary
In paragraph 4 of the resolution ES-10/15 of 2 August 2004 adopted at the tenth
emergency special session of the General Assembly, I have been requested to
establish a register of damage caused to all natural or legal persons concerned in
connection with paragraphs 152 and 153 of 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.
The present report describes the institutional framework required for the
implementation of the decisions contained in paragraph 4 of the above-mentioned
resolution.
A/ES-10/361
2 06-57686
Contents
Paragraphs Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1–3 3
II. Purpose and legal nature of the Register of Damage . . . . . . . . . . . . . . . . . . . . . . . . 4 3
III. Structure and functions of office of the Register of Damage. . . . . . . . . . . . . . . . . . 5–12 4
IV. Legal status of the office of the Register of Damage . . . . . . . . . . . . . . . . . . . . . . . . 13 5
V. Process of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14–18 6
VI. Lifespan of the Register of Damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6
VII. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7
A/ES-10/361
06-57686 3
I. Introduction
1. The present report is submitted pursuant to General Assembly resolution
ES-10/15 of 2 August 2004, adopted at the resumed tenth emergency special session
of the General Assembly. In paragraph 1 of the resolution, the General Assembly
acknowledged 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 (see A/ES-10/273 and Corr.1), including in and around East
Jerusalem. In paragraph 4, the General Assembly requested me to “establish a
register of damage caused to all natural or legal persons concerned in connection
with paragraphs 152 and 153 of the advisory opinion”.
2. In its advisory opinion, the International Court of Justice had concluded that
by the construction of the wall1 in the Occupied Palestinian Territory, Israel had
violated various international law obligations incumbent upon it (para. 143) and that
since the construction of the wall entailed the requisition and destruction of homes,
businesses and agricultural holdings (para. 152), “Israel has the obligation to make
reparation for the damage caused to all the natural and legal persons concerned”. In
paragraph 153 of its opinion, the Court said:
“Israel is accordingly under an obligation to return the land, orchards,
olive groves and other immovable property seized from any natural or legal
person for purposes of construction of the wall in the Occupied Palestinian
Territory. In the event that such restitution should prove to be materially
impossible, Israel has an obligation to compensate the persons in question for
the damage suffered. The Court considers that Israel also has an obligation to
compensate, in accordance with the applicable rules of international law, all
natural or legal persons having suffered any form of material damage as a
result of the wall’s construction.”
3. In my letter to the President of the General Assembly of 11 January 2005
(A/ES-10/294), I presented a general framework for the establishment of the
register. Since the submission of that, the Secretariat has made every effort to fulfil
the obligation to establish a register of damage. The present report describes the
institutional framework required for the implementation of the decisions contained
in paragraph 4 of the resolution. In making the following recommendations, I have
borne in mind the need for maximum transparency, efficiency, flexibility,
impartiality and economy in the institutional framework that would be required for
the establishment of the register of damage.
II. Purpose and legal nature of the Register of Damage
4. The register of damage would be known as the United Nations Register of
Damage caused by the Construction of the Wall in the Occupied Palestinian
Territory (hereinafter referred to as the “Register of Damage”). The Register of
Damage would be a list or record in documentary form. An office would thus have
to be set up that would be responsible for establishing and maintaining the Register
of Damage. As noted in my letter to the President of the General Assembly, the
registration of damage would be a technical, fact-finding process of listing or
__________________
1 The term used in the present report, “the wall”, is the one employed by the General Assembly.
A/ES-10/361
4 06-57686
recording the fact and type of the damage caused as a result of the construction of
the wall. It would thus entail a detailed submission process that would include a
statement setting out the alleged damage, eligibility for registration and the
causality between the construction of the wall and the damage sustained. It would be
important to understand that the office of the Register of Damage would not be a
compensation commission or a claims-resolution facility, nor would it be a judicial
or quasi-judicial body. The act of registration of damage, as such, would not entail
an evaluation or an assessment of the loss or damage claimed.
III. Structure and functions of the office of the Register
of Damage
5. The office of the Register of Damage would consist of a Board, whose
members would be appointed by the Secretary-General in their personal capacity,
and a small secretariat composed of an Executive Director as well as substantive,
administrative and technical support staff.
A. Headquarters of the office of the Register of Damage
6. Bearing in mind the sensitivity of its function as well as for reasons of
practicality and economy, I propose to establish the office of the Register of
Damage in the site of the United Nations Office at Vienna.
B. Board
7. As a policymaking organ, the Board would have the overall responsibility for
the establishment and maintenance of the Register of Damage. The Board would
establish the rules and regulations governing the work of the office of the Register
of Damage and determine eligibility criteria, categories of damage and the
procedure of registration of claims. On the recommendation of the Executive
Director, the Board would have the ultimate authority in determining the inclusion
of damage claims in the Register of Damage.
8. The Board would be composed of three independent members, assisted by the
Executive Director of the secretariat of the Register of Damage as an ex-officio
member. It is of the utmost importance that members of the Board be selected in a
way that ensures the independence, objectivity and impartiality of the office of the
Register of Damage. Members of the Board would be chosen for their integrity,
experience and expertise in such areas as law, accounting, loss adjustment,
assessment of environmental damage and engineering. The geographical diversity of
the members’ nationalities would be an important factor in their selection. Members
of the Board would be appointed by the Secretary-General and remunerated only
when actually employed.
9. Once the office of the Register of Damage was fully operational, the Board
would meet at least four times each year at the office of the Register of Damage to
determine which claims should be included in the Register of Damage based on
established objective criteria defined in the rules and regulations. In so doing, the
A/ES-10/361
06-57686 5
Executive Director of the secretariat would forward damage claims to the Board for
its approval. The Executive Director would serve in an advisory capacity.
10. Under the authority of the Board, some technical experts might also be
engaged periodically to assist the Board in establishing or maintaining the Register
of Damage. These technical experts would comprise specialists in relevant fields
including agriculture, land law, topography and in such other fields as may be
necessary.
11. The Board would report periodically to the Secretary-General.
C. Secretariat of the Register of Damage
12. The secretariat of the Register of Damage would be responsible for providing
substantive, technical and administrative support for its set up and maintenance. It
would also provide comprehensive backstopping services to members of the Board.
The secretariat of the Register of Damage would be headed by an Executive
Director to be appointed by the Secretary-General. The Executive Director would
oversee the following functions to be performed by the secretariat of the Register of
Damage:
(a) The administration of a public awareness programme to inform the
Palestinian public about the possibility of and requirements for filing a damage
claim for registration. An extensive community outreach programme to be launched
in local Palestinian media by the secretariat would explain the purpose of the
Register of Damage and provide guidance on how to fill in the claim form and
submit it to the office of the Register of Damage. Such a programme would be
especially important in the early stages of the operations of the office of the Register
of Damage;
(b) The design of the format of the damage claims as well as the set up of the
Register of Damage;
(c) The processing of all the damage claims with a view to submitting them
through the Executive Director to the Board for inclusion. The secretariat of the
Register of Damage would also be responsible for keeping the records of damage
claims approved by the Board. The Register of Damage would include both hard
copies of the claims and their electronic version, which would be kept at the office
of the Register of Damage;
(d) The legal advice regarding various aspects of the operations of the office
of the Register of Damage and the submitted claims;
(e) The administration of the office of the Register of Damage.
IV. Legal status of the office of the Register of Damage
13. The office of the Register of Damage would be a subsidiary organ of the
General Assembly operating under the administrative authority of the Secretary-
General. The 1946 Convention on the Privileges and Immunities of the United
Nations and the 1995 Agreement between the Republic of Austria and the United
Nations regarding the seat of the United Nations Office in Vienna would thus apply
A/ES-10/361
6 06-57686
to the office of the Register of Damage, its premises, equipment, database and
personnel. The secretariat staff would have the status of officials of the United
Nations within the meaning of articles V and VII of the Convention, and the
members of the Board and technical experts would have the status of experts on
mission within the meaning of article VI and VII of the Convention.
V. Process of registration
14. As mentioned in my letter to the President of the General Assembly, in
devising the process of registration, eligibility criteria and categories of damage, the
Board would be guided by the relevant findings of the advisory opinion, general
principles of law and principles of due process of law.
15. In accordance with the advisory opinion, both natural and legal persons who
claim to have sustained any form of material damage as a result of the construction
of the wall are eligible for compensation. They are thus eligible to request the
inclusion of damage in the Register of Damage.
16. In accordance with the advisory opinion, the claimed damage must be material
damage, and a causal link would have to be established between the construction of
the wall and the damage sustained.
17. In paragraphs 133 and 153 of its advisory opinion, the International Court of
Justice described the kinds of damage sustained as a result of the construction of the
wall. They include: destruction and requisition of properties, seizure or confiscation
of land, destruction of orchards, citrus groves, olive groves and wells and the
seizure of other immovable property. Moreover, material damage sustained as a
result of the construction of the wall is not limited to lands and crops, but also
includes impeded access to means of subsistence, urban centres, work place, health
services, educational establishments and primary sources of water in areas between
the green line and the wall itself. The categories of such material damage and their
eligibility for registration would be elaborated in greater detail by the Board.
18. The most efficient, independent and impartial procedure for the distribution of
damage claims forms to the Palestinians and thereafter for its submission in sealed
envelopes to the office of the Register of Damage would be defined in the rules and
regulations to be prepared by the Board. In the same vein, a decision when and if it
would be appropriate for the office of the Register of Damage to engage in a process
of verifying the fact and extent of the damage would be taken at a subsequent stage.
VI. Lifespan of the Register of Damage
19. The Register of Damage would remain open for registration for the duration of
the wall on Occupied Palestinian Territory. The office of the Register of Damage
would remain active for the duration of the process of registration.
A/ES-10/361
06-57686 7
VII. Conclusion
20. In keeping with the request of the General Assembly in resolution ES-10/15,
the present report sets out the framework for the establishment of the Register of
Damage. In reviewing it, the General Assembly may wish to consider adopting a
resolution requesting me to establish the Register of Damage along the lines set
forth in the present report.
United Nations A/ES-10/794
General Assembly
Distr.: General
14 August 2018
Original: English
18-13378 (E) 170818
*1813378*
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem
and the rest of the Occupied Palestinian Territory
Protection of the Palestinian civilian population
Report of the Secretary-General
Summary
The present report is submitted pursuant to General Assembly resolution
ES-10/20, in which the Assembly requested the Secretary-General to examine the
situation in the Occupied Palestinian Territory and to submit a written report
containing, inter alia, his proposals on ways and means for ensuring the safety,
protection and well-being of the Palestinian civilian population under Israeli
occupation, including recommendations regarding an international protection
mechanism. The report contains an assessment of the present situation in the Occupied
Palestinian Territory, a review of current efforts to assist Palestinians and an
assessment of protection options for Palestinians.
A/ES-10/794
2/13 18-13378
I. Context
1. The protection of the Palestinian civilian population under Israeli occupation
has long been a concern of the international community. The General Assembly has
adopted a number of resolutions relating to this issue, including, most notably,
resolution 43/21 of 3 November 1988, resolution 44/2 of 6 October 1989, resolution
45/69 of 6 December 1990, resolution 46/76 of 11 December 1991 and resolution
47/64 E of 11 December 1992. Following the outbreak of the first intifada, the
Security Council adopted a series of resolutions on the issue, including resolution 605
(1987) of 22 December 1987, resolution 904 (1994) of 18 March 1994 and resolution
1073 (1996) of 28 September 1996. Further to Council resolution 605 (1987), the
Secretary-General issued a report on ways and means for ensuring the safety and
protection of the Palestinian civilians under Israeli occupation (S/19443), often
referred to as the Goulding report, after its principal author. In 2015, the Secretary -
General circulated to the Security Council a review of historical precedents for
regimes that have been devised to provide various forms of protection for a reas of
territory and their inhabitants ( S/2015/809). Both documents remain relevant as
Member States consider potential options for ensuring the safety, protection and well -
being of the Palestinian civilian population under Israeli occupation.
2. As noted in the Goulding report, the best way to ensure the safety and protection
of the Palestinian civilian population is the negotiation of a comprehensive, just and
lasting settlement of the Arab-Israeli conflict. The report identifies four possible types
of protection, all of which still apply: physical protection, for example the deployment
of armed forces; legal protection, through intervention with the security, judicial and
political authorities by an outside agency, such as the United Nations or the
International Committee of the Red Cross, in order to ensure just treatment of an
individual or group of individuals; general assistance, through the intervention of an
outside agency to help individuals or groups o f individuals to cope with life under
occupation; and protection by publicity, through the presence and attention of the
international media.
3. With regard to legal protection, general assistance and protection by publicity,
the United Nations already engages in a wide variety of activities aimed at ensuring
the safety, protection and well-being of the Palestinian civilian population (see
parts III and IV of the present report). Options for enhanced international protection
activities and mechanisms that are considered in the present report include:
(a) A more robust United Nations presence on the ground: additional human
rights, coordination and political officers could be deployed to provide enhanced
monitoring, reporting and situational analysis, to co ordinate United Nations
activities, to strengthen the Organization ’s preventive capacities, to increase its
visibility and to demonstrate the international community ’s focus on and commitment
to protecting Palestinian civilians under Israeli occupation ;
(b) Additional resources and better humanitarian access to ensure the well -
being of the civilian population: the expansion of current United Nations
programmatic, development and humanitarian assistance could be used to address the
needs of Palestinian civilians under Israeli occupation and to strengthen Palestinian
institutions more effectively;
(c) Dedicated civilian observers: a civilian observer mission (deployed by the
United Nations or a third party) could be established, with a specific mandate to report
on protection and well-being issues and to provide local mediation. This would be
particularly relevant in sensitive areas, such as checkpoints, the Gaza fence and areas
near settlements;
A/ES-10/794
18-13378 3/13
(d) Physical protection: the United Nations, if mandated to do so, could deploy
armed military or police forces to act as a deterrent and, if necessary, to ensure the
safety of the civilian population. Alternatively, instead of establishing a dedicated
United Nations mission, groups of like -minded Member States operating under a
United Nations mandate could provide physical protection.
4. For each of these options to be viable, the cooperation of the parties, a sustained
cessation of hostilities and additional resources would be necessary. In addition, in
the case of the physical protection option, a United Nations mandate would be
required, as it would be if the civilian observer mission took the form of a United
Nations mission.
II. Introduction
5. Information on the political, security and socioeconomic situation in the
Occupied Palestinian Territory is provided regularly to United Nations bodies,
including through the monthly Security Council briefings on the situation in the
Middle East, reporting on the implementation of Security Council resolution 2334
(2016); the annual reports of the Office of the Special Coordinator for the Middle
East Peace Process to the Ad Hoc Liaison Committee for the Coo rdination of the
International Assistance to Palestinians; and reports from the Secretary -General to the
General Assembly and the Economic and Social Council, and from the United Nations
High Commissioner for Human Rights highlighting the human rights situ ation and
related Israeli practices in the Occupied Palestinian Territory.
6. As noted in the report of the Middle East Quartet of 2016, negative trends with
regard to settlement-related activity, violence and incitement, the absence of
Palestinian unity and militant build-up in Gaza imperil the viability of the two -State
solution. The Quartet and the Security Council have emphasized the urgent need to
stabilize the situation, reverse those trends and create the conditions for a return to
meaningful negotiations on the basis of the two-State solution, in line with relevant
United Nations resolutions, international law and previous agreements.
7. Settlement expansion continues unabated and constitutes a flagrant violation
under international law. The expansion and construction of settlements; efforts to
legalize settlement outposts under Israeli law; declarations of land in Area C for
exclusive Israeli use as, inter alia, closed military zones; the demolition of property
owned by Palestinians; the prevention of Palestinian development; and settler
violence are major obstacles to peace. Recent legal and legislative developments in
Israel could also change long-standing norms and practices by enabling, under certain
circumstances, the use of privately owned Pale stinian land for settlement purposes.
8. Violence against civilians, terrorist attacks and militant build -up and activities
in Gaza, as well as a lack of accountability, add to the cycle of violence and present
serious obstacles to peace. The continued closures imposed on Gaza compound an
already dire humanitarian situation. The indiscriminate launching of rockets, mortars
and incendiary devices from Gaza towards Israel by Hamas and other Palestinian
militants and the digging of tunnels crossing into Israe l threaten the lives of
Palestinians and Israelis alike. The high number of Palestinians, including children,
killed in protests at the Gaza fence since 30 March 2018 reflects an alarming trend in
the use of lethal force by Israeli security forces against individuals who may not pose
a threat of imminent death or serious injury to others. Reported incidents of excessive
use of force by Israeli law enforcement officials have also been a long -standing
concern in the West Bank. The detention of Palestinian chi ldren by Israel remains of
particular concern. Incitement, provocative rhetoric and the glorification of terror
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attacks by Palestinian factions perpetuate the conflict, breed mistrust and diminish
hope for constructive dialogue.
9. In Gaza, in addition to the closures imposed, 2 million Palestinians live under the
rule of Hamas and its increasingly separate legal and administrative system. To date,
Fatah and Hamas have failed to demonstrate the necessary commitment to advancing
reconciliation, which has exacerbated the dire humanitarian and economic situation
and undermined stability. Hamas and other militant groups have previously used
civilians as covers for militant activities, carried out extrajudicial executions and used
the death penalty, in contravention of Palestinian and international legal obligations.
10. Policies and measures related to the protracted military occupation by Israel and
the security measures that it has implemented have a severe impact on the lives of
Palestinians in the Occupied Palestinian Territory, including their ability to travel,
study, trade and receive basic services. Agreements among the parties and unilateral
actions over the past decades have created a reality in which Palestinians in the
Occupied Palestinian Territory are subject to different ruling authorities and legal
frameworks. In areas A and B, where some 90 per cent of the Palestinian population
of the West Bank resides, the Palestinian Authority exercises significant control over
governance, civil affairs and civil security. However, Palestinians in Area C of the
West Bank live under the full control of the Israeli military authorities, and in East
Jerusalem under Israeli civilian laws and institutions.
11. The shrinking space for civil society organizations and human rights defenders
remains a cause for concern. There have been incidents where the Palestinian
Authority and Hamas have taken actions that have resulted in limits on freedom of
expression and, in some cases, arbitrary arrests and the violent suppression of
protests. Israel has imposed new restrictions and requirements that could have an
impact on Israeli human rights organizations, including some that carry out advocacy
work or provide direct humanitarian or legal assistance to Pa lestinians in the
Occupied Palestinian Territory. The Israeli authorities have also detained Palestinians
or restricted their movements for exercising their right to freedom of expression.
III. Current United Nations efforts for the protection
of Palestinians
12. United Nations deployment in the Occupied Palestinian Territory includes the
Office of the Special Coordinator for the Middle East Peace Process and 19 resident
and 4 non-resident funds, programmes and specialized agencies, employing a total of
around 800 staff, in addition to the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA). Together, they carry out activities
aimed at protecting Palestinians, in the form of diplomacy; support for the Palestinian
State and institution-building; the provision and coordination of humanitarian aid;
monitoring, reporting and advocacy; and other programmatic assistance.
A. Diplomatic activities and preventive diplomacy
13. The Special Coordinator for the Middle East Peace Process represents the
Secretary-General in discussions with the parties and the international community on
all matters related to United Nations support for the peace process, including the
Quartet. The Special Coordinator regularly engages in preventive diplomacy aimed
at reducing tensions, preventing violent escalations and mediating among the parties.
Diplomatic activities include intensive discussions at the highest levels with the
Israeli and Palestinian authorities, as well as with key regional and international
actors. The Special Coordinator also engages actively with religious leaders and civil
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society groups with a view to countering radicalization and violent extremism. In
addition, the Special Coordinator supports intra-Palestinian reconciliation, with the
goal of returning Gaza to the full control of the Government of the State of Palestine,
based on the principles of the Palestine Liberation Organization and the Quartet.
B. Support for the Palestinian State and institution-building
14. In his capacity as Personal Representative of the Secretary -General to the
Palestine Liberation Organization and the Palestinian Authority, the Special
Coordinator supports the work of the United Nations count ry team in strengthening
Palestinian institutions. During 11 years of political division between the West Bank
and Gaza and the cycle of violence between Israel and Hamas , the United Nations has
striven to mitigate the heavy economic and humanitarian toll taken on Palestinians
and on the Palestinian national project.
C. Coordination of humanitarian aid
15. A key pillar of the mandate of the Office for the Coordination of Humanitarian
Affairs is the coordination of effective and principled humanitarian action in partnership
with national and international actors. The Office is responsible, therefore, for
bringing together humanitarian actors to ensure a coherent response to emergencies,
with the aim of assisting Palestinians in the Occupied Palestinian Territory when they
most need relief or protection. The implementation of the humanitarian country
team’s policies is coordinated by an inter-cluster coordination group, led by the
Office. Many of the responses provided by the various clusters are aimed at
addressing protection-related issues.
16. While protection considerations are mainstreamed across the system, the
protection cluster, coordinated by the Office of the United Nations High
Commissioner for Human Rights (OHCHR), plays a key role in coordinati ng the
provision of specific responses by United Nations and non -United Nations
humanitarian organizations aimed at preventing, averting or mitigating protection
risks resulting from the occupation, violence and human rights violations. Such
interventions include monitoring and documenting violations; carrying out rights -
based advocacy among duty bearers; deploying a protective presence for communities
at risk; and providing legal and psychosocial support.
17. In addition to promoting coordination among the Government of the State of
Palestine, the United Nations, the international community and the Government of
Israel for the delivery of assistance in the Occupied Palestinian Territory, the Office
of the Special Coordinator for the Middle East Peace Proces s has also played a central
role in facilitating the work of the Gaza Reconstruction Mechanism after the
hostilities in 2014.
D. Monitoring, reporting and advocacy
18. The work of OHCHR and the United Nations Children ’s Fund in regularly
monitoring and reporting on the human rights situation provides a detailed and
extensive resource for Member State action and allows the United Nations to raise
protection concerns in real time with the Israeli and the Palestinian authorities on the
ground. United Nations human rights officers deployed by OHCHR in the Occupied
Palestinian Territory regularly monitor the situation, record the testimonies of
victims, their families and communities at risk of human rights violations, attend
court hearings and, at times, monitor clashes and demonstrations. The mandate of
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OHCHR includes monitoring human rights violations by the Palestinian Authority
and the de facto authorities in Gaza, with a particular focus on detention, fair trial,
the use of force, freedom of expression and assembly, the use of the death penalty and
gender-related violations. The work of OHCHR is augmented by the reporting of
Special Rapporteurs and several commissions of inquiry set up following instances
of significant escalation and harm to civilians. The monitoring and analysis work
feeds into the five mandated reports submitted annually to the General Assembly and
the Human Rights Council.
19. The Office for the Coordination of Humanitarian Affairs, supported by partners,
collects data covering a range of protection-related indicators, provides analysis and
publishes a number of widely circulated and cited special focus reports and fact sheets
on key protection concerns. The Office engages with all relevant duty bearers on
access and protection issues and coordinates the humanitarian country team’s
advocacy work, which is aimed at ensuring that people in need are protected and that
assistance is timely, and at increasing respect for international humanitarian law and
international human rights law.
20. UNRWA engages with a range of political actors to raise awareness of the
situation of Palestine refugees across the Middle East, in the absence of a just and
lasting solution to their plight in accordance with General Assembly resolutions.
Through its field staff, UNRWA monitors the protection of Palestine refugees and
undertakes both private and public advocacy to raise awareness of protection threats
among a range of different actors. It also engages with relevant duty bearers with a
view to preventing violations of the rights of Palestine refugees under international
law. When such violations do occur, it calls for accountability and remedial measures,
including through cooperation with United Nations human rights mechanisms.
21. The monitoring on the ground carried out by the United Nations complements
that of international and national non-governmental organizations, with activities and
personnel specifically devoted to protection. In addition, the advocacy work of
OHCHR aims at drawing attention to human rights concerns, specifically allegations
of violations of individuals’ rights and trends in violations of international human
rights law and international humanitarian law, with a view to increasing protection and
accountability.
22. A large number of Palestinian, international and Israeli non -governmental
organizations constantly monitor the situation, provide real -time alerts, data and
analysis on threats to Palestinian civilians and their human rights, and engage in
public and legal advocacy for their protection. This network of non-governmental
organizations is an integral part of international protection efforts, and many of its
activities are sponsored by members of the international community.
E. Programmatic assistance
23. The report of the Secretary-General on assistance to the Palestinian people
(A/73/84-E/2018/72) contains a recent assessment of the assistance provided by the
United Nations to Palestinian individuals and communities in all geo graphic areas of
the Occupied Palestinian Territory.
24. The needs of the Palestinian people and the intended United Nations response
are reflected in several complementary strategic documents. Under the 2018–2020
Humanitarian Response Plan, $539.7 millio n was sought for 2018 to provide access
to basic services and deliver assistance to 1.9 million vulnerable Palestinians. As at
the end of July 2018, the Plan was 24.5 per cent funded and only 29 per cent of the
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protection cluster’s funding needs had been met.1 The United Nations Development
Assistance Framework 2018–2022 presents the United Nations strategic response to
Palestinian development priorities contained in the National Policy Agenda for
2017−2022, in line with the 2030 Agenda for Sustainable Deve lopment.
25. In accordance with its mandate, UNRWA safeguards and advances the rights of
Palestine refugees through its programmes, delivering services directly in the areas
of education, health, relief, social services, microfinance, infrastructure and c amp
improvement. In 2017 and 2018, under its emergency programme, it provided food
support to more than 1 million food-insecure refugees, mostly in the Gaza Strip.
UNRWA also addresses vulnerability and external protection threats through targeted
protection programmes, including programmes to empower and promote the
resilience of Palestine refugees.
26. The United Nations coordinates and delivers humanitarian assistance in the
areas of protection, shelter, food security, water and sanitation, health, nutri tion and
education, with a particular focus on individuals and communities in the Gaza Strip.
As at June 2018, 950,000 litres of fuel had been provided every month, targeting
200−250 critical facilities. In Gaza, the United Nations has cleared aerial bomb sites
and is supporting the safe removal of explosive remnants of war. In the West Bank, it
has provided emergency agricultural support by restoring access to water for farming
households and providing animal feed and in -kind support to farming and herding
communities at risk of displacement.
27. Development assistance also continues to be provided throughout the Occupied
Palestinian Territory in the areas of education, health, water and sanitation,
employment, targeted social protection, food security and agriculture, environment,
housing and urban development, rule of law, governance and human rights, with a
specific focus on the most vulnerable groups. Young people, women and children
have received specific attention, with targeted assistance focused on e liminating and
responding to gender-based violence, enhancing capacities in the administration of
juvenile justice, and empowering young people through skills training.
28. United Nations funds, programmes and specialized agencies operating in the
Occupied Palestinian Territory provide technical assistance and capacity development
to Palestinian institutions according to their mandate, with the aim of strengthening
the ability of Palestinian institutions to serve and protect the Palestinian people.
Employment opportunities for Palestinian workers have increased through United
Nations job creation and business development programmes and management training
courses.
29. Humanitarian mechanisms implemented by United Nations agencies and
international and national non-governmental organizations in Gaza are well
established and efficient, but lack the necessary resources. At the same time, donor -
driven funding reductions for UNRWA and the humanitarian response, coupled with
measures imposed by the Palestinian Authority, including salary cuts affecting at least
20,000 people in Gaza, have created an increasingly complicated and desperate
socioeconomic environment. In response, the United Nations has taken steps to
identify quick-impact projects, enhance project implementation capacity and
strengthen coordination with the Palestinian Authority, Israel and Egypt. These efforts
have three overall objectives: reducing the risk of a military conflict with potential
regional implications; supporting Egyptian efforts to ac hieve intra-Palestinian
reconciliation to fully empower the Government of the State of Palestine to take up
its responsibilities in Gaza; and alleviating some of the underlying drivers of
__________________
1 Financial Tracking Service, Humanitarian Financia l Tracking System. Available at
fts.unocha.org/appeals/633/summary (accessed on 26 July 2018).
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humanitarian need by implementing projects that create jobs, improve water and
electricity networks, and support the delivery of health services.
F. Legal protection
30. In the Goulding report, the Secretary-General concluded that the most effective
way of ensuring the protection of the civilian population would be for Israel to apply
in full the provisions of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War (the Fourth Geneva Convention) . To that end, he
recommended that the Security Council consider making a solemn appeal to all t he
High Contracting Parties to the Fourth Geneva Convention that had diplomatic
relations with Israel, drawing their attention to their obligation under article 1 of the
Convention to “ensure respect for the present Convention in all circumstances ”. In its
resolution 681 (1990) of 20 December 1990, the Council subsequently called upon
the High Contracting Parties to ensure respect by Israel for its obligations under the
Convention in accordance with article 1 thereof.
31. To the same end, the Secretary-General subsequently suggested in his report of
31 October 1990 (S/21919) that the Security Council might wish to call for a meeting
of the High Contracting Parties to discuss possible measures that might be taken by
them under the Convention to ensure Israel ’s respect for it. The Council, in its
resolution 681 (1990), requested the Secretary-General, in cooperation with the
International Committee of the Red Cross, to develop further the idea of convening a
meeting of the High Contracting Parties and to invite the Parties to submit their views
on the proposal.
32. The General Assembly subsequently implemented the idea and, in a series of
resolutions adopted between 1997 and 1999, culminating in resolution ES-10/6 of
9 February 1999, recommended that the High Contracting Parties convene a
conference on measures to enforce the Convention in the Occupied Palestinian
Territory and to ensure respect thereof in accordance with article 1. A conference was
held in 1999, at which participants reaffirmed the applicability of the Fourth Geneva
Convention to the Occupied Palestinian Territory, including East Jerusalem, and
reiterated the need to ensure the full respect of its provisions in that Territory. In 2001,
the conference was reconvened and participants called upon the occupying Power to
fully and effectively respect the Fourt h Geneva Convention in the Occupied
Palestinian Territory, including East Jerusalem, and to refrain from violating the
Convention. A second conference was convened in December 2014, at which
participants made the same call. While the Government of Israel h as consistently
disputed the de jure applicability of the Fourth Geneva Convention to the Occupied
Palestinian Territory, since 1967 it has voluntarily applied the humanitarian
provisions of the Convention in the Territory, with the exception of East Jerus alem,
where it applies Israeli law.
33. The United Nations human rights framework strives to enhance the legal
protection, safety and well-being of the Palestinian civilian population under Israeli
occupation, ranging from engaging all duty bearers on thei r obligations under
international law to operational activities on the ground. Bodies established under
international human rights treaties provide advice to Israel, based on its obligations
as an occupying Power, and to the Palestinian Authority, on their respective
obligations towards the Palestinian population, and publicly highlight concerns over
potential violations. Most of the treaty bodies also provide other States with a forum
in which they can make complaints about non -compliance.
34. During the past three decades, the human rights situation in the Occupied
Palestinian Territory has come under review by all the relevant United Nations bodies
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and mechanisms entrusted with upholding international human rights law, as well as
by the International Court of Justice and the International Criminal Court.
35. Reports and decisions by the Human Rights Council have included broad -
ranging recommendations, ranging from calling on Israel and the Palestinian
Authority to respect and uphold their human rights obl igations, to recommending that
the Security Council, if certain defined steps were not taken, refer the situation in
Gaza to the Prosecutor of the International Criminal Court. The Human Rights
Council has an agenda item (item 7) dedicated to the human rig hts situation in
Palestine and other occupied Arab territories, which it considers at three regular
annual sessions and, if needed, at special sessions. It also examines the situation in
the context of the universal periodic review. The Human Rights Council will continue
to serve as a forum in which protection concerns may be raised publicly for
intergovernmental attention and action, notably through recommendations contained
in resolutions adopted by the Council. The Council ’s independent special procedures,
including the Special Rapporteur on the situation of human rights in the Palestinian
territories occupied since 1967, provide expert independent analysis of the human
rights situation and may make public proposals that include measures to protect the
Palestinian population. The Council has also established commissions of inquiry to
investigate alleged violations and provide analysis, conclusions and recommendations
on accountability for violations of international human rights and humanitarian law.
36. Israel has consistently refused to cooperate with the Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967. Similarly,
it has refused to cooperate with or permit access by successive commissions of inquiry
and fact-finding missions established by the Council, claiming that such mechanisms
are biased against Israel and have been politicized by its adversaries. Citing the same
grounds, Israel has also refused to engage in Human Rights Council debates under
agenda item 7. With respect to the treaty bodies, Israel has taken the position that its
human rights obligations under the United Nations human rights conventions do not
extend to the Occupied Palestinian Territory. All treaty bodies have rejected this
position, as has the International Court of Justice, which confirmed the extraterritorial
application of the human rights obligations of Israel to the Occupied Palestinian
Territory in its 2004 advisory opinion.2 The advisory opinion of the Court and relevant
resolutions of the General Assembly and the Security Council also confirm the de jure
applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory.
37. On 1 January 2015, the Government of the State of Palestine lodged a
declaration under article 12 (3) of the Rome Statute of the International Criminal
Court, accepting the exercise of jurisdiction by the Court with respect to alleged
crimes committed in the Occupied Palestinian Territory, including East Jerusalem,
since 13 June 2014. On 2 January 2015, the Government of the State of Palestine
acceded to the Rome Statute by depositing its instrument of accession with the
Secretary-General. The Rome Statute entered into force for the State of Palestine on
1 April 2015.
38. On 16 January 2015, the Prosecutor of the International Criminal Court
announced the opening of a preliminary examination into the situation in Palestine to
establish whether the Rome Statute criteria for opening an investigation were met.
That preliminary examination is still ongoing. On 22 May 2018, the Prosecutor
received a referral from the State of Palestine of the situation in Palestine since
13 June 2014 with no end date. This referral is without prejudice to the Prosecutor ’s
ongoing preliminary examination.
__________________
2 Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004, p. 136.
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39. The measures above reflect what the United Nations is already doing to ensure
the protection of Palestinian civilians ; however, these efforts fall short of addressing
the concerns for protection of the Palestinian civilian population under Israeli
occupation as expressed in General Assembly resolution ES-10/20.
IV. Additional options for protection
40. The present section provides a description and an analysis of possible additional
options for protection that Member States might wish to consider as an international
protection mechanism, as requested by the General Assembly in its resolution
ES-10/20.
Additional resources
41. To enable an enhanced and more visible international presence, additional
resources, both human and financial, will be fundamental. However, assistance to and
protection operations for Palestinians in the Occupied Palestinian Territory by the
United Nations already suffer from an acute shortage of funding. As noted above,
only a quarter of the funding needed for the 2018–2020 Humanitarian Response Plan
has been provided. In addition, pledges made in 2014 for the reconstruction of Gaza
have not been fully honoured by donors. Emergency assistance to Gaza is also
constantly at risk of running short of what is needed. The Office of the Special
Coordinator for the Middle East Peace Proc ess is currently leading an effort to raise
funds for the enhancement of the Organization ’s capacity to implement projects in
Gaza, as well as for the projects themselves, including critical water and electricity
infrastructure initiatives.
42. Of particular concern is the unprecedented shortfall in funding for UNRWA. The
Agency has had to begin making painful cuts to its emergency assistance in the
Occupied Palestinian Territory, including the termination or reduction in working
hours of a small portion of its workforce in July. In Gaza, UNRWA has witnessed
serious disruption following the announcement of those measures. The Agency’s core
services, including providing education to some 300,000 children in the Occupied
Palestinian Territory, are at risk. An y disruption to the Agency’s mandated services
would cause hardship to already vulnerable Palestine refugees and could result in
increased instability in the Middle East region.
Dedicated civilian observers
43. Although it does not involve physical pro tection through the potential or actual
use of armed force, protection through the presence of unarmed observers (whether
police or civilian, and whether deployed by the United Nations or a third party) is
another option to be considered. Such a presence c ould, in cases where gaps are
identified in existing monitoring and reporting mechanisms, be deployed provided
that the situation on the ground permits. It is worth noting that , in the past, such
mechanisms have been deployed by groups of like -minded Member States. An
observer mission would normally be deployed to monitor a verifiable ceasefire or
other agreement, as part of a transitional framework accepted by all the relevant
parties. If such a mission took the form of a United Nations mission, a United N ations
mandate would be required.
44. The deployment of an observer mission would require the consent and
cooperation of the parties concerned. Such consent and cooperation were and have
been forthcoming in the case of the Temporary International Presence in Hebron, the
mandate of which states that its observers — wearing a distinctive uniform with a
special emblem — assist in monitoring and reporting efforts to maintain normal life
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in the city of Hebron, thus creating a sense of security among the Palestinians in
Hebron.
Physical protection
45. Physical protection was defined in the Goulding report as “the provision of
armed forces to deter, and if necessary fight, any threats to the safety of the protected
persons.” However, it was concluded in the report that options for physical protection
presented very real difficulties and were not practicable at the time, citing the lack of
consent on the part of Israel and the concern that the deployment of such a force
would detract from the occupying Power ’s responsibilities under the Fourth Geneva
Convention. These observations remain as valid today as they were three decades ago.
The existing mandates established by the Security Council for the Organization’s
missions in the area do not provide for the protection of civilians. It would be up to
the members of the Security Council to consider whether to expand any existing
mandate in the region.
Protection through United Nations administration
46. In July 2014, during the conflict in the Gaza Strip and southern Israel, the
President of the State of Palestine wrote to the President of the Security Council
requesting that the territory of the State of Palestine be placed under an internation al
protection system by the United Nations, with the central aim of ensuring the
protection of the Palestinian people living in Gaza ( S/2014/514).
47. The Secretariat undertook an internal review of historical precedents for regimes
that have been devised over the course of the past 100 years to provide varying forms
of protection for areas of territory and their inhabitants. The Secretary -General
subsequently shared that review with the members of the Security Council in October
2015 (S/2015/809).
48. With respect to the instances of administration of territory by the League of
Nations or the United Nations that appear in the review, their practicability would
depend upon the consent and the cooperation of the relevant parties, including Israel.
Whatever potential value such regimes might have in the present context lies in how
they might assist in the implementation of a negotiated settlement of the conflict or
as transitional arrangements on a negotiated path to a two -State solution.
V. Observations
49. The protection of civilians is a critical component in maintaining peace and
security and in the prevention agenda that I laid out in May 2017, which prioritiz es
United Nations action to help countries to avert the outbreak of crises that take a high
toll on humanity, undermining institutions and capacities to achieve peace and
development. As detailed in the present report, the United Nations is already
undertaking many protection initiatives. However, the measures taken fall short of
the protection concerns for the Palestinian civilian population mentioned in General
Assembly resolution ES-10/20. While the underlying solution for all protection
challenges is political, until such a solution is achieved, Member States may further
explore all practical and feasible measures that will significantly improve the
protection of the Palestinian civilian population. Such measures will also improve the
security of Israeli civilians.
50. In accordance with international human rights law, everyone must uphold and
ensure respect for the right to life. While allowing States to take actions necessary for
protecting their security, international law, including principles that are codified in
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the Fourth Geneva Convention, obliges all States and non -State parties to a conflict
to ensure respect for the sanctity of life, including through the principles of
distinction, precaution and proportionality. The targeting of civilians, particularly
children, is unacceptable. I call upon all concerned to refrain from any act that could
place civilians in harm’s way. I remind all parties of their obligations under
international humanitarian law to protect civilians and civilian infrastructure, not to
make civilian infrastructure the object of attack, to respect and protect medical
personnel, and not to direct attacks against hospitals and other medical facilities, as
recalled by the Security Council in its resolution 2286 (2016). Those responsible for
violations of international humanitarian law must be held accountable.
51. After more than 50 years of Israeli military occupation, Palestinians in the West
Bank, including East Jerusalem, and in the Gaza Strip remain particularly vulnerable
to violence, intimidation, loss of property and income, and various violations of
international humanitarian and human rights law. The combination of a prolonged
military occupation, constant security threats, weak political institutions and a
deadlocked peace process provides for a protection challenge that is highly complex
politically, legally and practically. Operations in Gaza also face difficulties for
security and financial reasons. All duty bearers have responsibilitie s for the protection
of Palestinian civilians in accordance with the applicable law. As detailed in the
present report, the United Nations will continue to employ means to protect
Palestinian civilians under these challenging circumstances.
52. Even in the current absence of a final status agreement, opportunities are also
available for increased efforts by the United Nations to mediate and facilitate
understanding with regard to the protection of civilians and critical civilian
infrastructure, as well as with regard to incremental steps leading towards the
resolution of political stalemates. The expansion of existing protection mechanisms
to prevent and deter future violations could be explored, including but not limited to
the deployment of additional political affairs, human rights and coordination officers
to enable enhanced monitoring, situational analysis and coordination of protective
presence and protection responses. The deployment by the United Nations of armed
military, armed or unarmed police for ces or unarmed observers, whether military or
civilian, would require a United Nations mandate and the consent and cooperation of
the relevant parties on the ground.
53. It is crucial that ongoing United Nations efforts to ensure Palestinians ’
protection, safety and well-being be maintained and strengthened, particularly in the
light of the current financial shortfalls faced by humanitarian and development
agencies on the ground, in particular UNRWA. I urge all Member States to step up
their financial contributions and political support for these efforts.
54. I reiterate the call that I made before the Human Rights Council in 2017, that
we must speak up for human rights in an impartial way, without double standards, not
allowing them to be instrumentalized as a political tool, while upholding the rule of
law and the need for justice and accountability. I call upon all Member States to work
with me and with the parties to help them to secure their rights and to fulfil their
obligations in full equality and humanity and in accordance with international law.
55. Support for efforts to return Gaza to the control of the Government of the State
of Palestine, in line with the principles of the Palestine Liberation Organization and
the Quartet, is critical to the lo ng-term protection of Palestinians in Gaza and the
alleviation of the dire humanitarian and economic situation, through a lifting of the
Israeli closures, in line with Security Council resolution 1860 (2009). I strongly
support the effort being led by the Special Coordinator for the Middle East Peace
Process to fast track critical infrastructure projects in Gaza. This collaborative
approach, which addresses the political, security, economic and humanitaria n
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dimensions of the situation in the Occupied Palestinian Territory, in accordance with
United Nations resolutions, exemplifies my vision of a United Nations system —
humanitarian, development and political — working together to achieve shared
political objectives.
56. Increased United Nations efforts, including through the Quartet, in support of
achieving a lasting political resolution to the conflict are critical, as ultimately such
a resolution is the only way to achieve the full protection of Palestini ans. This tragedy
underlines the urgency of revitalizing the peace process. It is only by realizing the
vision of two States living side-by-side in peace, security and mutual recognition,
with Jerusalem as the capital of Israel and the State of Palestine, and all final status
issues resolved permanently through negotiations, that the legitimate aspirations of
both peoples will be achieved.
United Nations A/ES-10/839
General Assembly
Distr.: General
24 July 2020
Original: English
20-09002 (E) 270720
*2009002*
Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory
Letter dated 24 July 2020 from the Secretary-General addressed to
the President of the General Assembly
In accordance with paragraph 6 (h) of General Assembly resolution ES-10/17, I
have the honour to transmit herewith the progress report, dated 1 July 2020, from the
Board of the United Nations Register of Damage Caused by the Construction of the
Wall in the Occupied Palestinian Territory (see annex).
I should be grateful if you would bring the present letter and its annex to the
attention of the members of the General Assembly.
(Signed) António Guterres
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Annex
Letter dated 1 July 2020 from the members of the Board of the
United Nations Register of Damage Caused by the Construction of
the Wall in the Occupied Palestinian Territory addressed to the
Secretary-General
We have the honour to provide th e progress report of the Board of the United
Nations Register of Damage Caused by the Construction of the Wall in the Occupied
Palestinian Territory for transmission to the General Assembly, in accordance with
paragraph 6 (h) of Assembly resolution ES-10/17 (see enclosure).
We request that the progress report be issued as a document of the General
Assembly. Our 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019
progress reports were issued as documents A/ES-10/455, A/ES-10/498, A/ES-10/522,
A/ES-10/598, A/ES-10/599, A/ES-10/658, A/ES-10/683, A/ES-10/730, A/ES-10/756,
A/ES-10/801 and A/ES-10/821, respectively.
(Signed) Ronald Bettauer
Member of the Board
(Signed) Harumi Hori
Member of the Board
(Signed) Matti Pellonpää
Member of the Board
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Enclosure
Progress report of the Board of the United Nations Register of
Damage Caused by the Construction of the Wall in the Occupied
Palestinian Territory
1. The Board of the United Nations Register of Damage Caused by the
Construction of the Wall in the Occupi ed Palestinian Territory provides the present
progress report, in accordance with paragraph 6 (h) of General Assembly resolution
ES-10/17, covering the period from 22 June 2019 to 1 July 2020. The 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019 progress reports of the
Board were contained in documents A/ES-10/455, A/ES-10/498, A/ES-10/522,
A/ES-10/598, A/ES-10/599, A/ES-10/658, A/ES-10/683, A/ES-10/730, A/ES-10/756,
A/ES-10/801 and A/ES-10/821, respectively. Board progress reports, as well as other
basic documents pertinent to the work of the Register of Damage, are posted on the
website of the Register (www.unrod.org).
2. During the reporting period, the Register of Damage continued to undertake
outreach activities in the Occupied Palestinian Territory in order to collect, process
and consider claim forms for inclusion in the Register in accordance with its Rules
and Regulations Governing the Registration of Claims.
3. Since its launch in 2008, the community outreach campaign has been conducted
in Jenin, Tubas, Tulkarm, Qalqiliya, Salfit, Ramall ah, Hebron, Bethlehem and
Jerusalem Governorates, which comprise a population of more than 1.3 million
inhabitants. In addition, specialized outreach activities have been conducted during
the reporting period in 16 municipalities that have sustained damage to property
belonging to communities. Thousands of printed posters and leaflets have been
distributed to inform potential claimants of the requirements for completing a claim
for registration of damage. During the reporting period, more than 50 meetings w ere
held by the claim intakers of the Register of Damage based in the Occupied
Palestinian Territory with governors, mayors, local councils and potential claimants
in the areas covered by the outreach campaign. In addition, the Register of Damage
organized two specialized seminars for mayors and local council officials from the
municipalities that had sustained damage to property belonging to communities on
legal and organizational aspects of claim intake of category F (public resources and
other) losses. The first such seminar was held in October 2019; the second, which was
scheduled to be held in April 2020, was cancelled owing to the restrictions on
movement resulting from the coronavirus disease (COVID-19).
4. By 1 July 2020, 71,547 claim forms for reg istration of damage and more than
1 million supporting documents had been collected and delivered to the Office of the
Register of Damage in Vienna. Claim-intake activities had been carried out in all nine
affected governorates: Jenin, Tubas, Tulkarm, Qalq iliya, Salfit, Ramallah, Hebron,
Bethlehem and Jerusalem.
5. As at 1 July 2020, the Board had decided to include in the Register some or all
of the losses set out in 36,023 claim forms and to exclude 1,234 claim forms in which
none of the losses met the eligibility criteria, bringing the total number of decided
claims to 37,257.
6. During the reporting period, the Office of the Register of Damage continued to
process the claim forms with diligence, although the processing of claims was slowed,
starting in March 2020, by the stay-at-home and reduced office attendance measures
taken by the United Nations to mitigate the risks of COVID-19. The considerable gap
between the number of claim forms collected and the number processed by the Office
is narrowing.
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7. The Board held two meetings in Vienna to review claim forms that had been
translated, processed and individually reviewed by Office staff, from 16 to
20 September and from 2 to 6 December 2019. In the light of the financial liquidity
crisis at the United Nations and as a cost-saving measure, it was planned that back -
to-back meetings would be held in Vienna from 22 June to 3 July 2020. Those
meetings had to be cancelled owing to the COVID-19 pandemic and travel
restrictions. Nevertheless, the Board held vid eo conferences with the secretariat on
18 May, 29 June and 1 July 2020 to discuss various matters related to Register
activities, including the review and approval of the present report.
8. At its meetings in Vienna in September and December 2019, the Boa rd reviewed
and decided to include in the Register some or all of the losses set out in 860 claim forms
and 960 claim forms, respectively. It decided not to include 36 claim forms at the first
meeting and 31 claim forms at the second meeting, since none of the losses in the forms
met the eligibility criteria in the Rules and Regulations of the Register of Damage.
9. Of the claim forms reviewed during the reporting period, 1,517 contained claims
for category A (agriculture) losses, 151 for category B (commercial) losses, 3 for
category C (residential) losses, 160 for category D (employment) losses, 65 for category
E (access to services) losses and 4 for category F (public resources and other) losses.
10. In its review of claims, the Board continued to app ly the eligibility criteria in
accordance with article 11 of the Rules and Regulations. In view of the limited time
available and the large number of claims for losses included in claim forms forwarded
to the Board by the Executive Director of the Register Office, the Board continued to
employ sampling techniques as provided for in article 12 (3) of the Rules and
Regulations. During the two meetings covered by the present report, Board members
reviewed in detail approximately 10 per cent of the claims for l osses included in the
forms submitted for review. As indicated in the Board report of 2012, the Executive
Director of the Register consulted a statistician informally concerning the sampling
methodology applied by the Board. The level of sampling is within statistical
parameters of reliability. Claims that did not meet the eligibility criteria were either
excluded from the Register or returned to the claimants for clarification.
11. The Board identified some of the issues addressed and decisions reached du ring
previous reporting periods. The following are among the issues addressed and
decisions reached by the Board during the present reporting period:
(a) Certificates of legacy issued by ecclesiastical courts . The Board decided
several claims submitted by members of Christian churches, who claimed, in
accordance with the local practice followed by ecclesiastical courts, such as the Latin
Ecclesiastical Court in the Occupied Palestinian Territory, a share in a deceased
person’s estate on the basis of the principles of sharia law. In such cases it has been
the Board’s practice to accept the share allocation set out in certificates of legacy
issued by local courts as sufficient evidence of the claimant’s interest and share in the
claim. The secretariat is continuing its research on that matter.
(b) Illegal employment in Israel. The Board decided not to include in the
Register claims for employment losses in which the claimants explicitly stated or
otherwise indicated that they were working illegally in Israel or that they were
crossing into Israel illegally, on the basis that the claimants had not established
interest in a loss caused by the Wall.
(c) Employment losses caused by delays at barrier gates . In some category D
(employment) claims, the claimants asserted that, after the construction of the Wall,
in order to reach their workplaces, they had to travel a long distance to the designated
barrier gate, where they had to endure delays and were subje cted to searches.
Consequently, reaching the workplace became difficult and they arrived late or not at
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all. As a result, some of them were dismissed for absenteeism or tardiness, penalized
with pay cuts or forced to work part-time. Moreover, their transportation costs
increased considerably. In those cases, the Board decided that additional
transportation costs and losses stemming from reduced employment could be included
in the Register as long as all other eligibility criteria were met.
(d) Evidence of employment on agricultural land. Some claimants submitted
claims as farm workers who used to work on privately owned lands located in the
Occupied Palestinian Territory and claimed employment losses caused by the complete
loss of access to their workplaces after the construction of the Wall, owing to lack of
permits. Those claimants provided letters from their employers confirming that they
had been working on the employers’ lands at the time of the construction of the Wall.
In those cases, the Board decided that such documents constituted sufficient
corroboration of the claimants’ employment at the time of the construction of the Wall,
where there was evidence of the employers’ right (as owner/co -owner, tenant/co-tenant
or user with permission) to use the land on which the claimants used to work.
(e) Salary deductions. The Board decided that pay cuts stemming from forced
absenteeism or tardiness caused by delays at Wall crossings could be recorded as a
“salary deduction” loss, whenever the claimant had pro vided evidence of employment
and a credible statement and all other eligibility criteria had been met.
(f) Work permits issued after the construction of the Wall . Some claimants
asserted that their respective employers had refused to renew their work perm its after
the construction of the Wall, out of fear that the restrictions on access would prevent
the claimants reaching their workplaces even if they possessed a permit, which had
resulted in the loss of employment. The Board decided that such situations were
borderline cases and should be considered individually. They could be accepted for
inclusion in the Register only if the narrative was consistent with other claims
pertaining to the same location and any reference to “closures” indicated a link to
restrictions on access that were a part of the Wall system. In other situations, where
the loss of employment was more likely to be the consequence of an employer -caused
difficulty, the claims should not be included in the Register.
(g) Category F claims not meeting formal requirements. The Board decided
that all Category F claims received after 20 September 2019 not meeting the formal
requirements detailed in paragraph 12 would be deferred by the Board and returned
to the claimants to rectify the submission accordingly. However, the Board also
decided to reserve the right to review and decide claims in exceptional circumstances
should the formal requirements not be met, provided that all the required information
was available in the submitted claim.
12. The Board continued to consider a variety of claims relating to, inter alia,
institutional public resources. During the reporting period, it considered four claims
submitted by communities asserting that one or more roads had been damaged by the
Wall, that access to the remaining portion of the road on the Israeli side of the Wall
had been lost, and that access to land had been lost or restricted. The Board noted that,
in early public resource claims submitted, claimants had provided only a very brief
statement describing the village in question and when the Wall had been built there, a
paragraph describing the road that was claimed to be damaged or circumstances
affecting the land in question, a short statement confirming that the head of the village
council had the authority to submit the claim, and the sections of Law No. 1 of 1997
on Palestinian local authorities giving responsibility for local roads to village councils
(art. 15) and authorizing heads of village councils to take legal actions (art. 16). The
Board continued to ask that the staff encourage Palestinian institutions to include in
future public resource claims statements that systematically provided: (a) a detailed
description of the claimed loss; (b) a description of the affected location; (c) the t ime
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frame in which the loss had occurred; (d) a description of the circumstances leading
to the loss as a result of the construction of the Wall in the Occupied Palestinian
Territory; (e) a description of the impact of the loss; (f) a description of the co sts
incurred or expected to be incurred; and (g) any other relevant information.
13. The Board took note of the report of the Office of Internal Oversight Services
(OIOS) entitled “Audit of the United Nations Register of Damage” dated 9 April 2020
(report 2020/006). While the OIOS audit report’s assessment and its satisfactory
outcome related to governance, control processes and the effective management of the
Register of Damage is appreciated, the Board regrets that the Board members, who have
overall responsibility for the establishment and maintenance of the Register of Damage
under General Assembly resolution ES-10/17, were not consulted during the drafting
of the report and were not given an opportunity to comment before it was finalized.
(a) The report contained a seriously misleading statement, namely: “[The
Register of Damage] expected that by the end of 2019, it will have largely completed
the claims intake work in all the 271 communities affected by damage due to the
construction of the Wall.” That statement implies that all the work of collecting claims
related to the damage created by the construction of the Wall in the Occupied Palestinian
Territory will soon be completed. However, while claim intake work has been conducted
in the great majority of the 271 communities affected to date, only approximately 66 per
cent of the planned Wall has been constructed; more than an additional 10 per cent is
currently under construction and a further 20 per c ent is planned.
(b) The claim intake process and the consideration of the eligibility of claims
for inclusion in the Register will need to continue for the foreseeable future, given
the number of still-outstanding potential claims and the continued constr uction of the
Wall, which may result in new damage claims. The Office will also continue with the
collection of claims due to Wall rerouting losses, new agricultural losses (for example,
fires and floods) as well as new employment, educational and institut ional claims (for
example, losses relating to public resources, such as water, environment and
infrastructure, and to religious property and projects). The claim intake staff will also
need to follow up in the field on questions that arise from the process ing of claims
that have already been filed.
(c) Furthermore, resolution ES-10/17 clearly provides that the Register of
Damage “shall remain open for registration for the duration of existence of the wal l
in the Occupied Palestinian Territory, including in and around East Jerusalem”.
The Board therefore sent a letter to the Director of the Internal Audit Division of
OIOS, dated 26 May 2020, requesting that the misleading statement be corrected and,
if that was not possible, that its letter be annexed to the report and posted alongside
it on any website on which the report appeared, and that it be distributed with the
report as well. The Board is pleased to note that its letter has been annexed to the
report and published alongside it on the OIOS website.
14. Claim intake activities and a portion of the outreach activities in the Occupied
Palestinian Territory are funded by extrabudgetary contributions. Such voluntary
contributions have been received from the Governments of Algeria, Austria, Azerbaijan,
Belgium, Brunei Darussalam, Finland, France, Jordan, Kazakhstan, Malaysia, Malta,
Morocco, the Netherlands, Norway, the Philippines, Qatar, Saudi Arabia, Switzerland and
Turkey, as well as the European Commission and the Organization of the Petroleum
Exporting Countries (OPEC) Fund for International Development. More than
$8.5 million has been donated since the establishment of the Register of Damage. Several
Governments, as well as the OPEC Fund, have donated to the Register twice or more.
15. The Board would like to express its appreciation to those donors for providing
funding and political support enabling the implementation of the provisions of
resolution ES-10/17.
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16. Since January 2018, claim-intake activities in the Occupied Palestinian Territory
have been conducted by a small team of three claim intakers. Since April 2020, there
has been funding for only one claim intaker operating in the Occupied Palestinian
Territory. Unfortunately, those donor funds will be exhausted by the end of December
2020 and the claim collection programme of the Register in the Occupied Palestinian
Territory will have to be suspended if no additional resources are made available in
the very near future. The Board continues to stress that, in order to sustain the claim
collection programme in the Occupied Palestinian Territory effectively, even at a
reduced level, funding for one three-person claim-intake team is urgently required.
The secretariat will continue to contact potential donors that have already contributed
to funding the Register ’s claim-intake activities, as well as potential new donors.
17. As before, the Board would like to express its appreciation for the indispensable
cooperation extended by the Palestinian National Authority and the Palestinian
National Committee for the Register of Damage, as well as for the support provided
by local governors, mayors and members of village councils on many practical
matters, without which outreach and claim-intake activities could not be undertaken
successfully. As for the Government of Israel, it continues to consider that any claims
in relation to damage caused by the construction of the Wall should be addressed
through the existing Israeli mechanism. On the practical level, the Executive Director
of the Office of the Register of Damage continued to maintain constructive contacts
with relevant Israeli authorities until his retirement in May 2020, and the Office of
the Register of Damage did not experience any problems with access, the delivery of
needed materials or the issuance of required visas until the outbreak of COVID -19.
The outbreak has had a severe impact on the operations of the Register of Damage in
the Occupied Palestinian Territory and has caused various delays in achieving the
desired outcomes by restricting the access and movement of claim intakers in carrying
out critical functions for outreach and collection of claims in targeted local
communities. The Register of Damage will resume its operations on the ground once
the COVID-19-related restrictions on movement in the Occupied Palestinian Territory
are lifted and those functions can be safely resumed.
18. The Board of the Register of Damage notes with satisfaction the goo d
cooperation with United Nations agencies and offices present on the ground in the
Occupied Palestinian Territory, as called for in paragraph 14 of resolution ES-10/17.
The Board especially appreciates the efficient and tangible contribution provided by
the United Nations Office for Project Services in the areas of logistics, procurement,
human and financial resources, and management in support of the Register of
Damage. During the reporting period, the Register of Damage also continued to
benefit from the advice and assistance of the Under-Secretary-General for Political
and Peacebuilding Affairs and from the cooperation of the Department of Political
and Peacebuilding Affairs.
19. The Board wishes to thank Mr. Vladimir Goryayev, who served as the Executive
Director of the Office of the Register of Damage from 2008 until his retirement in
May 2020, for his dedicated service to the Organization. The recruitment process for
the post is ongoing. In the inter im, the Senior Legal Officer is performing the duties
of Officer-in-Charge of the Office of the Register.
20. The Board commends the staff of the Office of the Register of Damage for their
diligent and dedicated work.
21. The Board of the Register of Damage will continue to provide periodic reports.
Part II (B) - General Assembly Emergency Special Sessions (documents received from the Secretariat of the United Nations)