Part I (documents received from the Secretariat of the United Nations)

United Nations A/C.4/77/L.12/Rev.1
General Assembly
Distr.: Limited
10 November 2022
Original: English
22-25414 (E) 101122
*2225414*
Seventy-seventh session
Special Political and Decolonization Committee (Fourth Committee)
Agenda item 47
Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories
Algeria, Brunei Darussalam, Cuba, Egypt, Iraq, Jordan, Lebanon, Mauritania, Namibia, Qatar, Saudi Arabia, Senegal, Tunisia and State of Palestine: revised draft resolution
Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem
The General Assembly,
Recalling the Universal Declaration of Human Rights,1
Recalling also the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights3 and the Convention on the Rights of the Child,4 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem,
Reaffirming its relevant resolutions, including resolution 75/98 of 10 December 2020, as well as those adopted at its tenth emergency special session,
Recalling the relevant resolutions of the Human Rights Council,
Recalling also the relevant resolutions of the Security Council, and stressing the need for their implementation,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of __________________
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 United Nations, Treaty Series, vol. 1577, No. 27531.
A/C.4/77/L.12/Rev.1
2/9 22-25414
the Occupied Territories5 and the report of the Secretary-General on the work of the Special Committee,6
Taking note of the report of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,7 as well as of other relevant recent reports of the Human Rights Council,
Taking note also of the report of the independent international commission of inquiry established pursuant to Human Rights Council resolution S-30/1,8
Stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,
Taking note of the recent report by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan,9
Deeply regretting that 55 years have passed since the onset of the Israeli occupation, and stressing the urgent need for efforts to reverse the negative trends on the ground and to restore a political horizon for advancing and accelerating meaningful negotiations aimed at the achievement of a peace agreement that will bring a complete end to the Israeli occupation that began in 1967 and the resolution of all core final status issues, without exception, leading to a peaceful, just, lasting and comprehensive solution of the question of Palestine,
Aware of the responsibility of the international community to promote human rights and ensure respect for international law, and recalling in this regard its resolution 2625 (XXV) of 24 October 1970,
Recalling 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,10 and recalling also relevant General Assembly resolutions,
Noting in particular the Court’s reply, including that 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,
Taking note of its resolution 67/19 of 29 November 2012,
Noting the accession by Palestine to several human rights treaties and the core humanitarian law conventions, as well as other international treaties,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,11 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, __________________
5 A/77/501.
6 A/76/333.
7 A/HRC/49/87.
8 A/77/328.
9 A/77/90-E/2022/66.
10 See A/ES-10/273 and A/ES-10/273/Corr.1.
11 United Nations, Treaty Series, vol. 75, No. 973.
A/C.4/77/L.12/Rev.1
22-25414 3/9
Reaffirming further the obligation of the States parties to the Fourth Geneva Convention12 under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties,
Recalling the statement of 15 July 1999 and the declarations adopted on 5 December 2001 and on 17 December 201413 by the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, aimed at ensuring respect for the Convention in the Occupied Palestinian Territory, including East Jerusalem,
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,
Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process, including the Sharm el-Sheikh understandings, and the implementation of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,14
Stressing also the need for the full implementation of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip,
Gravely concerned by the tensions and violence in the recent period throughout the Occupied Palestinian Territory, including East Jerusalem and including with regard to the holy places of Jerusalem, including the Haram al-Sharif, and deploring the loss of innocent civilian life,
Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and in the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter,
Reaffirming also the obligation to respect the historic status quo, the special significance of the holy sites, and the importance of the City of Jerusalem for the three monotheistic religions,
Recognizing that security measures alone cannot remedy the escalating tensions, instability and violence, and calling for full respect for international law, including humanitarian and human rights law, including for the protection of civilian life, as well as for the promotion of human security, the de-escalation of the situation, the exercise of restraint, including from provocative actions and rhetoric, and the establishment of a stable environment conducive to the pursuit of peace,
Expressing grave concern about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the excessive use of force and military operations causing death and injury to Palestinian civilians, including children, women and non-violent, peaceful demonstrators, as well as journalists, medical personnel and humanitarian personnel; the arbitrary imprisonment and detention of Palestinians, some of whom have been imprisoned for decades; the use of collective punishment; the closure of areas; the confiscation of land; the establishment and expansion of settlements; the construction __________________
12 Ibid.
13 A/69/711-S/2015/1, annex.
14 S/2003/529, annex.
A/C.4/77/L.12/Rev.1
4/9 22-25414
of a wall in the Occupied Palestinian Territory in departure from the Armistice Line of 1949; the destruction of property and infrastructure; the forced displacement of civilians, including attempts at forced transfers of Bedouin communities; and all other actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and demanding the cessation of all such unlawful actions,
Gravely concerned by the ongoing demolition by Israel, the occupying Power, of Palestinian homes, as well as of structures, including schools, provided as international humanitarian aid, in particular in and around Occupied East Jerusalem, including if carried out as an act of collective punishment in violation of international humanitarian law, which has escalated at unprecedented rates, and by the revocation of residence permits and eviction of Palestinian residents of the City of Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and around the Gaza Strip and the high number of casualties among Palestinian civilians in the recent period, including among children, and any violations of international law, and calling for full respect for international humanitarian and human rights law and for the principles of legality, distinction, precaution and proportionality,
Gravely concerned about the disastrous humanitarian situation and the critical socioeconomic and security situation in the Gaza Strip, including that resulting from the prolonged closures and severe economic and movement restrictions that in effect amount to a blockade and deepen poverty and despair among the Palestinian civilian population, and about the short- and long-term detrimental impacts of this situation and the widespread destruction and continued impeding of the reconstruction process by Israel, the occupying Power, on the human rights situation,
Recalling with grave concern the United Nations country team report of August 2012, entitled “Gaza in 2020: a liveable place?”,
Recalling the statement by the President of the Security Council of 28 July 2014,15
Stressing the need for the full implementation by all parties of Security Council resolution 1860 (2009) of 8 January 2009 and General Assembly resolution ES-10/18 of 16 January 2009,
Stressing also that the situation in the Gaza Strip is unsustainable and that a durable ceasefire agreement must lead to a fundamental improvement in the living conditions of the Palestinian people in the Gaza Strip, including through the sustained and regular opening of crossing points, and ensure the safety and well-being of civilians on both sides, and regretting the lack of progress made in this regard,
Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the successive military operations in the Gaza Strip,16 and reiterating the necessity for serious follow-up by all parties of the recommendations addressed to them towards ensuring accountability and justice,
Stressing the need for protection of human rights defenders engaged in the promotion of human rights issues in the Occupied Palestinian Territory, including East Jerusalem, to allow them to carry out their work freely and without fear of attacks and harassment, __________________
15 S/PRST/2014/13; see Resolutions and Decisions of the Security Council, 1 August 2013–31 July 2014 (S/INF/69).
16 See A/63/855-S/2009/250; S/2015/286, annex; A/HRC/12/48; and A/HRC/29/52.
A/C.4/77/L.12/Rev.1
22-25414 5/9
Expressing deep concern about the Israeli policy of closures and the imposition of severe restrictions, including through hundreds of obstacles to movement, checkpoints and a permit regime, all of which obstruct the freedom of movement of persons and goods, including medical and humanitarian goods, and the follow-up and access to donor-funded projects of development cooperation and humanitarian assistance, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the Territory’s contiguity, consequently violating the human rights of the Palestinian people and negatively impacting their socioeconomic and humanitarian situation, which remains dire in the Gaza Strip, and the efforts aimed at rehabilitating and developing the Palestinian economy, and calling for the full lifting of restrictions,
Expressing grave concern that thousands of Palestinians, including many children and women, as well as elected representatives, continue to be held in Israeli prisons or detention centres under harsh conditions, including unhygienic conditions, solitary confinement, the extensive use of administrative detention of excessive duration without charge and denial of due process, lack of proper medical care and widespread medical neglect, including for prisoners who are ill, with the risk of fatal consequences, and denial of family visits, that impair their well-being, and expressing grave concern also about the ill-treatment and harassment and all reports of torture of any Palestinian prisoners,
Expressing deep concern about the hunger strikes by Palestinian prisoners in protest of the harsh conditions of their imprisonment and detention by the occupying Power, while taking note of agreements reached on conditions of detention in Israeli prisons and calling for their full and immediate implementation,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)17 and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),18 and calling for respect for those Rules,
Recalling also the prohibition under international humanitarian law of the deportation of civilians from occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the release of the bodies that have not yet been returned to their relatives, in line with international humanitarian law and human rights law, in order to ensure dignified closure in accordance with their religious beliefs and traditions,
Stressing the need for the prevention of all acts of violence, harassment, provocation and incitement by extremist Israeli settlers and groups of armed settlers, especially against Palestinian civilians, including children, and their properties, including homes, agricultural lands and historic and religious sites, including in Occupied East Jerusalem, and deploring the violation of the human rights of Palestinians in this regard, including acts of violence leading to death and injury among civilians,
Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilian population and to help the parties to implement the agreements reached, in this regard recalling the importance of the mandate and the positive contribution of the Temporary International Presence in Hebron, and regretting the unilateral decision by the Government of Israel not to renew its mandate, __________________
17 Resolution 70/175, annex.
18 Resolution 65/229, annex.
A/C.4/77/L.12/Rev.1
6/9 22-25414
Stressing the need for an immediate and complete cessation of all acts of violence, including military attacks, destruction and acts of terror,
Stressing also that the protection of civilians is a critical component in ensuring peace and security, as well as the need for measures to be taken to guarantee the safety and protection of the Palestinian civilian population throughout the Occupied Palestinian Territory, consistent with the provisions and obligations of international humanitarian law,
Stressing further the need to respect the right of peaceful assembly,
Taking note of the report of the Secretary-General on the protection of the Palestinian civilian population19 and the observations made therein on ways and means for ensuring the safety, protection and well-being of the Palestinian civilian population under Israeli occupation,
Noting the continued efforts and tangible progress made in the Palestinian security sector, and noting also the continued cooperation that benefits both Palestinians and Israelis, in particular by promoting security and building confidence,
Urging the parties to observe calm and restraint and to refrain from provocative actions, incitement and inflammatory rhetoric, especially in areas of religious and cultural sensitivity, including in East Jerusalem, and to take every possible step to defuse tensions and promote conditions conducive to the credibility and success of the peace negotiations,
Emphasizing the right of all people in the region to the enjoyment of human rights as enshrined in the international human rights covenants,
1. Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council, are illegal and have no validity, and demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions taken in violation and in breach of the Convention;
2. Demands that Israel, the occupying Power, cease all measures contrary to international law, as well as discriminatory legislation, policies and actions in the Occupied Palestinian Territory that violate the human rights of the Palestinian people, including the killing and injury of civilians, the arbitrary detention and imprisonment of civilians, the forced displacement of civilians, including attempts at forced transfers of Bedouin communities, the transfer of its own population into the Occupied Palestinian Territory, including East Jerusalem, the destruction and confiscation of civilian property, including home demolitions, including if carried out as collective punishment in violation of international humanitarian law, and any obstruction of humanitarian assistance, and that it fully respect human rights law and comply with its legal obligations in this regard, including in accordance with relevant United Nations resolutions;
3. Calls for urgent measures to ensure the safety and protection of the Palestinian civilian population in the Occupied Palestinian Territory, including East Jerusalem, in accordance with the relevant provisions of international humanitarian law and as called for by the Security Council in its resolution 904 (1994) of 18 March 1994; __________________
19 A/ES-10/794.
A/C.4/77/L.12/Rev.1
22-25414 7/9
4. Takes note of the report of the Secretary-General on the protection of the Palestinian civilian population, notably the observations made therein, including the possible expansion of existing protection mechanisms to prevent and deter violations, and calls for continued efforts within the United Nations human rights framework regarding the legal protection and safety of the Palestinian civilian population;
5. Calls for full cooperation by Israel with the relevant special rapporteurs and other relevant mechanisms and inquiries of the Human Rights Council, including the facilitation of entry to the Occupied Palestinian Territory, including East Jerusalem, for monitoring and reporting on the human rights situation therein according to their respective mandates;
6. Demands that Israel, the occupying Power, cease all of its settlement activities, the construction of the wall and any other measures aimed at altering the character, status and demographic composition of the Occupied Palestinian Territory, including in and around East Jerusalem, all of which, inter alia, gravely and detrimentally impact the human rights of the Palestinian people, including their right to self-determination, and the prospects for achieving without delay an end to the Israeli occupation that began in 1967 and a just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides, and calls for the full respect and implementation of all relevant General Assembly and Security Council resolutions in this regard, including Security Council resolution 2334 (2016) of 23 December 2016;
7. Calls for urgent attention to the plight and the rights, in accordance with international law, of Palestinian prisoners and detainees in Israeli jails, including those on hunger strike, also calls for efforts between the two sides for the further release of prisoners and detainees, and further calls for respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);
8. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially any use of force by the Israeli occupying forces against Palestinian civilians in violation of international law, particularly in the Gaza Strip, including against journalists, medical personnel and humanitarian personnel, which have caused extensive loss of life and vast numbers of injuries, including among children and women;
9. Also condemns all acts of violence by militants and armed groups, including the firing of rockets, against Israeli civilian areas, resulting in loss of life and injury;
10. Reiterates its demand for the full implementation of Security Council resolution 1860 (2009);
11. Demands that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice and as demanded in General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto, and make reparations for all damage caused by the construction of the wall, which has gravely impacted the human rights and the socioeconomic living conditions of the Palestinian people;
12. Reiterates the need for respect for the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement of persons and goods within the Palestinian territory, including
A/C.4/77/L.12/Rev.1
8/9 22-25414
movement into and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to and from the outside world;
13. Calls upon Israel, the occupying Power, to cease its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip, and in this regard to fully implement the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, in order to allow for the sustained and regular movement of persons and goods and for the acceleration of long overdue and massive reconstruction needs and economic recovery in the Gaza Strip, while noting the tripartite agreement facilitated by the United Nations in this regard;
14. Stresses the urgent need to address the continuing health crisis in the Gaza Strip, including by ensuring the provision of adequate infrastructure, medical supplies and equipment, alongside expertise, to deal with the increasing caseload of injuries requiring complex treatment in the context of the protests in the Gaza Strip;
15. Urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip;
16. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their inalienable human rights, including their right to self-determination, as a matter of urgency, in the light of the passage of more than 55 years of the Israeli occupation and the continued denial and violation of the human rights of the Palestinian people;
17. Emphasizes the need to preserve and develop the Palestinian institutions and infrastructure for the provision of vital public services to the Palestinian civilian population and the promotion of human rights, including civil, political, economic, social and cultural rights, and urges in this regard the implementation of the agreement signed in Cairo on 12 October 2017,20 which would be an important step towards achieving Palestinian unity and lead to the effective functioning of the Palestinian Government, including in the Gaza Strip, under the leadership of President Mahmoud Abbas, consistent with the Palestine Liberation Organization commitments and the Quartet principles;
18. 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 render an advisory opinion on the following questions, considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:
(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status? __________________
20 S/2017/899, annex.
A/C.4/77/L.12/Rev.1
22-25414 9/9
19. Requests the Secretary-General to report to the General Assembly at its seventy-eighth session on the implementation of the present resolution, including with regard to the applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories.
United Nations A/77/400
General Assembly
Distr.: General
14 November 2022
Original: English
22-25666 (E) 221122
*2225666*
Seventy-seventh session
Agenda item 47
Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories
Report of the Special Political and Decolonization Committee (Fourth Committee)
Rapporteur: Ms. María Noel Beretta Tassano (Uruguay)
I. Introduction
1. At its 3rd plenary meeting, on 16 September 2022, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its seventy-seventh session the item entitled “Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories” and to allocate it to the Special Political and Decolonization Committee (Fourth Committee).
2. The Fourth Committee held a general debate on the item at its 24th and 25thmeetings, on 9 and 10 November 2022, and took action on the item at its 26th meeting, on 11 November. Statements and observations made in the course of the Committee’s consideration of the item are reflected in the relevant summary records.1
3. For its consideration of the item, the Committee had before it the following documents:
(a) Report of the Secretary-General on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan (A/77/493);
(b) Report of the Secretary-General on the occupied Syrian Golan (A/77/520);
(c) Note by the Secretary-General transmitting the fifty-fourth report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/77/501); __________________
1 A/C.4/77/SR.24, A/C.4/77/SR.25 and A/C.4/77/SR.26.
A/77/400
2/20 22-25666
4. At the 24th meeting, on 9 November, the representative of Sri Lanka, in his capacity as Chair of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, introduced the report of that Committee.
5. At the same meeting, the Assistant Secretary-General for Human Rights, introduced the reports of the Secretary-General, followed by an interactive dialogue.
6. Also at the same meeting, the observer for the State of Palestine made a statement.
II. Consideration of proposals
7. At its 26th meeting, on 11 November, the Committee was informed of the programme budget implications relating to draft resolution A/C.4/77/L.12/Rev.1, contained in document A/C.4/77/L.16. The Committee was also informed that draft resolutions A/C.4/77/L.13 and A/C.4/77/L.14 contained no programme budget implications
A. Draft resolution A/C.4/77/L.12/Rev.1
8. At the 26th meeting, on 11 November, the representative of Namibia, on behalf of Algeria, Brunei Darussalam, Cuba, Egypt, Iraq, Jordan, Lebanon, Mauritania, Namibia, Qatar, Saudi Arabia, Senegal, Tunisia and the State of Palestine, introduced a draft resolution entitled “Israeli practices affecting the human rights of the Palestinian people in Occupied Palestinian Territory, including East Jerusalem” (A/C.4/77/L.12/Rev.1). Subsequently, the following countries joined in sponsoring the draft resolution: Bahrain, Bangladesh, Bolivia (Plurinational State of), Djibouti, Indonesia, Kuwait, Malaysia, Maldives, Morocco, Niger, Oman, Pakistan, Somalia, South Africa, Sudan, United Arab Emirates, Venezuela (Bolivarian Republic of) and Yemen.
9. At the same meeting, the Committee adopted draft resolution A/C.4/77/L.12/Rev.1 by a recorded vote of 98 to 17, with 52 abstentions (see para. 14, draft resolution I). The voting was as follows:2
In favour:
Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Botswana, Brazil, Brunei Darussalam, Cabo Verde, Cambodia, Chad, Chile, China, Comoros, Cuba, Democratic People’s Republic of Korea, Djibouti, Dominican Republic, Egypt, El Salvador, Gabon, Gambia, Guinea, Guinea-Bissau, Guyana, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovenia, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab, Republic, Tajikistan, Timor-Leste, Trinidad and Tobago, Tunisia, Turkmenistan, __________________
2 The delegation of Albania subsequently indicated that it had intended to vote against. The delegation of the Plurinational State of Bolivia subsequently indicated that it had intended to vote in favour.
A/77/400
22-25666 3/20
Türkiye, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Viet Nam, Yemen, Zimbabwe.
Against:
Australia, Austria, Canada, Czechia, Estonia, Germany, Guatemala, Hungary, Israel, Italy, Liberia, Lithuania, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, United States of America.
Abstaining:
Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Burundi, Cameroon, Colombia, Costa Rica, Côte D’Ivoire, Croatia, Cyprus, Denmark, Ecuador, Eritrea, Ethiopia, Finland, France, Georgia, Ghana, Greece, Haiti, Honduras, Iceland, India, Japan, Latvia, Liechtenstein, Monaco, Montenegro, Myanmar, Netherlands, New Zealand, North Macedonia, Norway, Philippines, Republic of Korea, Republic of Moldova, Romania, Rwanda, San Marino, Serbia, Slovakia, Solomon Islands, South Sudan, Spain, Sweden, Switzerland, Thailand, Togo, United Kingdom of Great Britain and Northern Ireland, Uruguay.
B. Draft resolution A/C.4/77/L.13
10. At the 26th meeting, on 11 November, the representative of Cuba, on behalf of Algeria, Bahrain, Bangladesh, Bolivia (Plurinational State of), Brunei Darussalam, Cuba, the Democratic People’s Republic of Korea, Egypt, Iraq, Jordan, Lebanon, Mauritania, Morocco, Namibia, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, South Africa, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Venezuela (Bolivarian Republic of) and the State of Palestine, introduced a draft resolution entitled “The occupied Syrian Golan” (A/C.4/77/L.13). Subsequently, the following countries joined in sponsoring the draft resolution: Indonesia, Kuwait, Malaysia, Maldives, Niger, Somalia, Sudan and Yemen.
11. At the same meeting, the Committee adopted draft resolution A/C.4/77/L.13 by a recorded vote of 148 to 3, with 22 abstentions (see para. 14, draft resolution II). The voting was as follows:3
In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Cabo Verde, Cambodia, Chad, Chile, China, Colombia, Comoros, Costa Rica, Croatia, Cuba, Cyprus, Czechia, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Macedonia, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, __________________
3 The delegation of the Plurinational State of Bolivia subsequently indicated that it had intended to vote in favour.
A/77/400
4/20 22-25666
Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Turkmenistan, Türkiye, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Viet Nam, Yemen, Zimbabwe.
Against:
Israel, Liberia, United States of America.
Abstaining:
Australia, Brazil, Burundi, Cameroon, Canada, Côte D’Ivoire, Ecuador, Guatemala, Haiti, Honduras, Madagascar, Malawi, Marshall Islands, Micronesia (Federated States of), Nauru, Panama, Rwanda, Solomon Islands, South Sudan, Togo, Tonga, Uruguay.
C. Draft resolution A/C.4/77/L.14
12. At the 26th meeting, on 11 November, the representative of Cuba, on behalf of Algeria, Brunei Darussalam, Cuba, Egypt, Iraq, Jordan, Lebanon, Mauritania, Namibia, Qatar, Saudi Arabia, Senegal and the State of Palestine, introduced a draft resolution entitled “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan” (A/C.4/77/L.14). Subsequently, the following countries joined in sponsoring the draft resolution: Austria, Bahrain, Bangladesh, Belgium, Bolivia (Plurinational State of), Bosnia and Herzegovina, Bulgaria, Comoros, Croatia, Cyprus, Denmark, Estonia, Finland, France, the Gambia, Germany, Greece, Indonesia, Ireland, Italy, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Montenegro, Morocco, Netherlands, Niger, North Macedonia, Norway, Oman, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Somalia, South Africa, Spain, Sudan, Sweden, Switzerland, Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of) and Yemen.
13. At the same meeting, the Committee adopted draft resolution A/C.4/77/L.14, by a recorded vote of 150 to 8, with 14 abstentions (see para. 14, draft resolution III). The voting was as follows:4
In favour:
Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Cabo Verde, Cambodia, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Honduras, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, __________________
4 The delegation of the Plurinational State of Bolivia subsequently indicated that it had intended to vote in favour.
A/77/400
22-25666 5/20
Nicaragua, Niger, Nigeria, North Macedonia, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Turkmenistan, Türkiye, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Viet Nam, Yemen, Zimbabwe.
Against:
Canada, Hungary, Israel, Liberia, Marshall Islands, Micronesia (Federated States of), Nauru, United States of America.
Abstaining:
Brazil, Burundi, Cameroon, Côte D’Ivoire, Czechia, Ecuador, Guatemala, Haiti, Madagascar, Rwanda, Solomon Islands, South Sudan, Togo, Uruguay.
A/77/400
6/20 22-25666
III. Recommendations of the Special Political and Decolonization Committee (Fourth Committee)
14. The Special Political and Decolonization Committee (Fourth Committee) recommends to the General Assembly the adoption of the following draft resolutions:
Draft resolution I
Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem
The General Assembly,
Recalling the Universal Declaration of Human Rights,1
Recalling also the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights3 and the Convention on the Rights of the Child,4 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem,
Reaffirming its relevant resolutions, including resolution 75/98 of 10 December 2020, as well as those adopted at its tenth emergency special session,
Recalling the relevant resolutions of the Human Rights Council,
Recalling also the relevant resolutions of the Security Council, and stressing the need for their implementation,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories5 and the report of the Secretary-General on the work of the Special Committee,6
Taking note of the report of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,7 as well as of other relevant recent reports of the Human Rights Council,
Taking note also of the report of the independent international commission of inquiry established pursuant to Human Rights Council resolution S-30/1,8
Stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,
Taking note of the recent report by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan,9 __________________
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 United Nations, Treaty Series, vol. 1577, No. 27531.
5 A/77/501.
6 A/76/333.
7 A/HRC/49/87.
8 A/77/328.
9 A/77/90-E/2022/66.
A/77/400
22-25666 7/20
Deeply regretting that 55 years have passed since the onset of the Israeli occupation, and stressing the urgent need for efforts to reverse the negative trends on the ground and to restore a political horizon for advancing and accelerating meaningful negotiations aimed at the achievement of a peace agreement that will bring a complete end to the Israeli occupation that began in 1967 and the resolution of all core final status issues, without exception, leading to a peaceful, just, lasting and comprehensive solution of the question of Palestine,
Aware of the responsibility of the international community to promote human rights and ensure respect for international law, and recalling in this regard its resolution 2625 (XXV) of 24 October 1970,
Recalling 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,10 and recalling also relevant General Assembly resolutions,
Noting in particular the Court’s reply, including that 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,
Taking note of its resolution 67/19 of 29 November 2012,
Noting the accession by Palestine to several human rights treaties and the core humanitarian law conventions, as well as other international treaties,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,11 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,
Reaffirming further the obligation of the States parties to the Fourth Geneva Convention12 under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties,
Recalling the statement of 15 July 1999 and the declarations adopted on 5 December 2001 and on 17 December 201413 by the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, aimed at ensuring respect for the Convention in the Occupied Palestinian Territory, including East Jerusalem,
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,
Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process, including the Sharm __________________
10 See A/ES-10/273 and A/ES-10/273/Corr.1.
11 United Nations, Treaty Series, vol. 75, No. 973.
12 Ibid.
13 A/69/711-S/2015/1, annex.
A/77/400
8/20 22-25666
el-Sheikh understandings, and the implementation of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,14
Stressing also the need for the full implementation of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip,
Gravely concerned by the tensions and violence in the recent period throughout the Occupied Palestinian Territory, including East Jerusalem and including with regard to the holy places of Jerusalem, including the Haram al-Sharif, and deploring the loss of innocent civilian life,
Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and in the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter,
Reaffirming also the obligation to respect the historic status quo, the special significance of the holy sites, and the importance of the City of Jerusalem for the three monotheistic religions,
Recognizing that security measures alone cannot remedy the escalating tensions, instability and violence, and calling for full respect for international law, including humanitarian and human rights law, including for the protection of civilian life, as well as for the promotion of human security, the de-escalation of the situation, the exercise of restraint, including from provocative actions and rhetoric, and the establishment of a stable environment conducive to the pursuit of peace,
Expressing grave concern about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the excessive use of force and military operations causing death and injury to Palestinian civilians, including children, women and non-violent, peaceful demonstrators, as well as journalists, medical personnel and humanitarian personnel; the arbitrary imprisonment and detention of Palestinians, some of whom have been imprisoned for decades; the use of collective punishment; the closure of areas; the confiscation of land; the establishment and expansion of settlements; the construction of a wall in the Occupied Palestinian Territory in departure from the Armistice Line of 1949; the destruction of property and infrastructure; the forced displacement of civilians, including attempts at forced transfers of Bedouin communities; and all other actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and demanding the cessation of all such unlawful actions,
Gravely concerned by the ongoing demolition by Israel, the occupying Power, of Palestinian homes, as well as of structures, including schools, provided as international humanitarian aid, in particular in and around Occupied East Jerusalem, including if carried out as an act of collective punishment in violation of international humanitarian law, which has escalated at unprecedented rates, and by the revocation of residence permits and eviction of Palestinian residents of the City of Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and around the Gaza Strip and the high number of casualties among Palestinian civilians in the recent period, including among children, and any violations of international law, and calling for full respect for international humanitarian and human rights law and for the principles of legality, distinction, precaution and proportionality, __________________
14 S/2003/529, annex.
A/77/400
22-25666 9/20
Gravely concerned about the disastrous humanitarian situation and the critical socioeconomic and security situation in the Gaza Strip, including that resulting from the prolonged closures and severe economic and movement restrictions that in effect amount to a blockade and deepen poverty and despair among the Palestinian civilian population, and about the short- and long-term detrimental impacts of this situation and the widespread destruction and continued impeding of the reconstruction process by Israel, the occupying Power, on the human rights situation,
Recalling with grave concern the United Nations country team report of August 2012, entitled “Gaza in 2020: a liveable place?”,
Recalling the statement by the President of the Security Council of 28 July 2014,15
Stressing the need for the full implementation by all parties of Security Council resolution 1860 (2009) of 8 January 2009 and General Assembly resolution ES-10/18 of 16 January 2009,
Stressing also that the situation in the Gaza Strip is unsustainable and that a durable ceasefire agreement must lead to a fundamental improvement in the living conditions of the Palestinian people in the Gaza Strip, including through the sustained and regular opening of crossing points, and ensure the safety and well-being of civilians on both sides, and regretting the lack of progress made in this regard,
Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the successive military operations in the Gaza Strip,16 and reiterating the necessity for serious follow-up by all parties of the recommendations addressed to them towards ensuring accountability and justice,
Stressing the need for protection of human rights defenders engaged in the promotion of human rights issues in the Occupied Palestinian Territory, including East Jerusalem, to allow them to carry out their work freely and without fear of attacks and harassment,
Expressing deep concern about the Israeli policy of closures and the imposition of severe restrictions, including through hundreds of obstacles to movement, checkpoints and a permit regime, all of which obstruct the freedom of movement of persons and goods, including medical and humanitarian goods, and the follow-up and access to donor-funded projects of development cooperation and humanitarian assistance, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the Territory’s contiguity, consequently violating the human rights of the Palestinian people and negatively impacting their socioeconomic and humanitarian situation, which remains dire in the Gaza Strip, and the efforts aimed at rehabilitating and developing the Palestinian economy, and calling for the full lifting of restrictions,
Expressing grave concern that thousands of Palestinians, including many children and women, as well as elected representatives, continue to be held in Israeli prisons or detention centres under harsh conditions, including unhygienic conditions, solitary confinement, the extensive use of administrative detention of excessive duration without charge and denial of due process, lack of proper medical care and widespread medical neglect, including for prisoners who are ill, with the risk of fatal consequences, and denial of family visits, that impair their well-being, and expressing __________________
15 S/PRST/2014/13; see Resolutions and Decisions of the Security Council, 1 August 2013–31 July 2014 (S/INF/69).
16 See A/63/855-S/2009/250; S/2015/286, annex; A/HRC/12/48; and A/HRC/29/52.
A/77/400
10/20 22-25666
grave concern also about the ill-treatment and harassment and all reports of torture of any Palestinian prisoners,
Expressing deep concern about the hunger strikes by Palestinian prisoners in protest of the harsh conditions of their imprisonment and detention by the occupying Power, while taking note of agreements reached on conditions of detention in Israeli prisons and calling for their full and immediate implementation,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)17 and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),18 and calling for respect for those Rules,
Recalling also the prohibition under international humanitarian law of the deportation of civilians from occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the release of the bodies that have not yet been returned to their relatives, in line with international humanitarian law and human rights law, in order to ensure dignified closure in accordance with their religious beliefs and traditions,
Stressing the need for the prevention of all acts of violence, harassment, provocation and incitement by extremist Israeli settlers and groups of armed settlers, especially against Palestinian civilians, including children, and their properties, including homes, agricultural lands and historic and religious sites, including in Occupied East Jerusalem, and deploring the violation of the human rights of Palestinians in this regard, including acts of violence leading to death and injury among civilians,
Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilian population and to help the parties to implement the agreements reached, in this regard recalling the importance of the mandate and the positive contribution of the Temporary International Presence in Hebron, and regretting the unilateral decision by the Government of Israel not to renew its mandate,
Stressing the need for an immediate and complete cessation of all acts of violence, including military attacks, destruction and acts of terror,
Stressing also that the protection of civilians is a critical component in ensuring peace and security, as well as the need for measures to be taken to guarantee the safety and protection of the Palestinian civilian population throughout the Occupied Palestinian Territory, consistent with the provisions and obligations of international humanitarian law,
Stressing further the need to respect the right of peaceful assembly,
Taking note of the report of the Secretary-General on the protection of the Palestinian civilian population19 and the observations made therein on ways and means for ensuring the safety, protection and well-being of the Palestinian civilian population under Israeli occupation,
Noting the continued efforts and tangible progress made in the Palestinian security sector, and noting also the continued cooperation that benefits both Palestinians and Israelis, in particular by promoting security and building confidence, __________________
17 Resolution 70/175, annex.
18 Resolution 65/229, annex.
19 A/ES-10/794.
A/77/400
22-25666 11/20
Urging the parties to observe calm and restraint and to refrain from provocative actions, incitement and inflammatory rhetoric, especially in areas of religious and cultural sensitivity, including in East Jerusalem, and to take every possible step to defuse tensions and promote conditions conducive to the credibility and success of the peace negotiations,
Emphasizing the right of all people in the region to the enjoyment of human rights as enshrined in the international human rights covenants,
1. Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council, are illegal and have no validity, and demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions taken in violation and in breach of the Convention;
2. Demands that Israel, the occupying Power, cease all measures contrary to international law, as well as discriminatory legislation, policies and actions in the Occupied Palestinian Territory that violate the human rights of the Palestinian people, including the killing and injury of civilians, the arbitrary detention and imprisonment of civilians, the forced displacement of civilians, including attempts at forced transfers of Bedouin communities, the transfer of its own population into the Occupied Palestinian Territory, including East Jerusalem, the destruction and confiscation of civilian property, including home demolitions, including if carried out as collective punishment in violation of international humanitarian law, and any obstruction of humanitarian assistance, and that it fully respect human rights law and comply with its legal obligations in this regard, including in accordance with relevant United Nations resolutions;
3. Calls for urgent measures to ensure the safety and protection of the Palestinian civilian population in the Occupied Palestinian Territory, including East Jerusalem, in accordance with the relevant provisions of international humanitarian law and as called for by the Security Council in its resolution 904 (1994) of 18 March 1994;
4. Takes note of the report of the Secretary-General on the protection of the Palestinian civilian population, notably the observations made therein, including the possible expansion of existing protection mechanisms to prevent and deter violations, and calls for continued efforts within the United Nations human rights framework regarding the legal protection and safety of the Palestinian civilian population;
5. Calls for full cooperation by Israel with the relevant special rapporteurs and other relevant mechanisms and inquiries of the Human Rights Council, including the facilitation of entry to the Occupied Palestinian Territory, including East Jerusalem, for monitoring and reporting on the human rights situation therein according to their respective mandates;
6. Demands that Israel, the occupying Power, cease all of its settlement activities, the construction of the wall and any other measures aimed at altering the character, status and demographic composition of the Occupied Palestinian Territory, including in and around East Jerusalem, all of which, inter alia, gravely and detrimentally impact the human rights of the Palestinian people, including their right to self-determination, and the prospects for achieving without delay an end to the Israeli occupation that began in 1967 and a just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides, and calls for the full respect and
A/77/400
12/20 22-25666
implementation of all relevant General Assembly and Security Council resolutions in this regard, including Security Council resolution 2334 (2016) of 23 December 2016;
7. Calls for urgent attention to the plight and the rights, in accordance with international law, of Palestinian prisoners and detainees in Israeli jails, including those on hunger strike, also calls for efforts between the two sides for the further release of prisoners and detainees, and further calls for respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);
8. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially any use of force by the Israeli occupying forces against Palestinian civilians in violation of international law, particularly in the Gaza Strip, including against journalists, medical personnel and humanitarian personnel, which have caused extensive loss of life and vast numbers of injuries, including among children and women;
9. Also condemns all acts of violence by militants and armed groups, including the firing of rockets, against Israeli civilian areas, resulting in loss of life and injury;
10. Reiterates its demand for the full implementation of Security Council resolution 1860 (2009);
11. Demands that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice and as demanded in General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto, and make reparations for all damage caused by the construction of the wall, which has gravely impacted the human rights and the socioeconomic living conditions of the Palestinian people;
12. Reiterates the need for respect for the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement of persons and goods within the Palestinian territory, including movement into and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to and from the outside world;
13. Calls upon Israel, the occupying Power, to cease its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip, and in this regard to fully implement the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, in order to allow for the sustained and regular movement of persons and goods and for the acceleration of long overdue and massive reconstruction needs and economic recovery in the Gaza Strip, while noting the tripartite agreement facilitated by the United Nations in this regard;
14. Stresses the urgent need to address the continuing health crisis in the Gaza Strip, including by ensuring the provision of adequate infrastructure, medical supplies and equipment, alongside expertise, to deal with the increasing caseload of injuries requiring complex treatment in the context of the protests in the Gaza Strip;
15. Urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip;
A/77/400
22-25666 13/20
16. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their inalienable human rights, including their right to self-determination, as a matter of urgency, in the light of the passage of more than 55 years of the Israeli occupation and the continued denial and violation of the human rights of the Palestinian people;
17. Emphasizes the need to preserve and develop the Palestinian institutions and infrastructure for the provision of vital public services to the Palestinian civilian population and the promotion of human rights, including civil, political, economic, social and cultural rights, and urges in this regard the implementation of the agreement signed in Cairo on 12 October 2017,20 which would be an important step towards achieving Palestinian unity and lead to the effective functioning of the Palestinian Government, including in the Gaza Strip, under the leadership of President Mahmoud Abbas, consistent with the Palestine Liberation Organization commitments and the Quartet principles;
18. 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 render an advisory opinion on the following questions, considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:
(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?
19. Requests the Secretary-General to report to the General Assembly at its seventy-eighth session on the implementation of the present resolution, including with regard to the applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories. __________________
20 S/2017/899, annex.
A/77/400
14/20 22-25666
Draft resolution II
The occupied Syrian Golan
The General Assembly,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories,1
Deeply concerned that the Syrian Golan, occupied since 1967, has been under continued Israeli military occupation,
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Recalling also its previous relevant resolutions, the most recent of which was resolution 76/81 of 9 December 2021,
Having considered the report of the Secretary-General submitted in pursuance of resolution 76/81,2
Recalling its previous relevant resolutions in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories,
Reaffirming once more the illegality of the decision of 14 December 1981 taken by Israel to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,
Reaffirming that the acquisition of territory by force is inadmissible under international law, including the Charter of the United Nations,
Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3 to the occupied Syrian Golan,
Bearing in mind Security Council resolution 237 (1967) of 14 June 1967,
Welcoming the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 aimed at the realization of a just, comprehensive and lasting peace, and expressing grave concern about the stalling of the peace process on all tracks,
1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian Golan, in particular Security Council resolution 497 (1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect and demanded that Israel, the occupying Power, rescind forthwith its decision;
2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and in particular to desist from the establishment of settlements;
3. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant __________________
1 A/77/501.
2 A/77/520.
3 United Nations, Treaty Series, vol. 75, No. 973.
A/77/400
22-25666 15/20
violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and have no legal effect;
4. Calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and from its repressive measures against the population of the occupied Syrian Golan;
5. Deplores the violations by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
6. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;
7. Requests the Secretary-General to report to the General Assembly at its seventy-eighth session on the implementation of the present resolution.
A/77/400
16/20 22-25666
Draft resolution III
Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan
The General Assembly,
Guided by the principles and purposes of the Charter of the United Nations and the need to respect the obligations arising from the Charter and other instruments and rules of international law,
Reaffirming the inadmissibility of the acquisition of territory by force,
Recalling its relevant resolutions, including resolution 76/82 of 9 December 2021, as well as those resolutions adopted at its tenth emergency special session,
Recalling also the relevant resolutions of the Security Council, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981, 904 (1994) of 18 March 1994 and 2334 (2016) of 23 December 2016, and stressing the need for their implementation,
Recalling further the Universal Declaration of Human Rights,1
Recalling the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights3 and the Convention on the Rights of the Child,4 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem,
Reaffirming the applicability of the Regulations annexed to the Hague Convention IV of 1907, the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,5 and relevant provisions of customary law, including those codified in Additional Protocol I6 to the four Geneva Conventions,7 to the Occupied Palestinian Territory, including East Jerusalem, and to other Arab territories occupied by Israel since 1967, including the occupied Syrian Golan,
Affirming that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies constitutes a breach of the Fourth Geneva Convention,8
Recalling 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,9 and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Noting that the International Court of Justice concluded that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law”,10 __________________
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 United Nations, Treaty Series, vol. 1577, No. 27531.
5 Ibid., vol. 75, No. 973.
6 Ibid., vol. 1125, No. 17512.
7 Ibid., vol. 75, Nos. 970–973.
8 Ibid., No. 973.
9 See A/ES-10/273 and A/ES-10/273/Corr.1.
10 Ibid., advisory opinion, para. 120.
A/77/400
22-25666 17/20
Taking note of the recent reports of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,11 as well as of other relevant recent reports of the Council,
Recalling the report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem,12
Recalling also the Declaration of Principles on Interim Self-Government Arrangements of 13 September 199313 and the subsequent implementation agreements between the Palestinian and Israeli sides,
Recalling further the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,14 and emphasizing specifically its call for a freeze on all settlement activity, including so-called natural growth, and the dismantlement of all settlement outposts erected since March 2001, and the need for Israel to uphold its obligations and commitments in this regard,
Recalling its resolution 67/19 of 29 November 2012,
Noting the accession by Palestine to several human rights treaties and the core humanitarian law conventions, as well as other international treaties,
Aware that Israeli settlement activities involve, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the forced transfer of Palestinian civilians, including Bedouin families, the exploitation of natural resources, the fragmentation of territory and other actions against the Palestinian civilian population and the civilian population in the occupied Syrian Golan that are contrary to international law,
Bearing in mind the extremely detrimental impact of Israeli settlement policies, decisions and activities on the ongoing regional and international efforts to resume and advance the peace process, on the prospects for the achievement of peace in the Middle East in accordance with the two-State solution of Israel and Palestine, living side by side in peace and security within recognized borders, on the basis of the pre-1967 borders, and on the viability and credibility of that solution,
Condemning settlement activities by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, as violations of international humanitarian law, relevant United Nations resolutions, the agreements reached between the parties and obligations under the Quartet road map and as actions in defiance of the calls by the international community to cease all settlement activities,
Deploring in particular Israel’s construction and expansion of settlements in and around occupied East Jerusalem, including its so-called E-1 plan that aims to connect its illegal settlements around and further isolate occupied East Jerusalem, the continuing demolition of Palestinian homes and eviction of Palestinian families from the city, the revocation of Palestinian residency rights in the city, and ongoing settlement activities in the Jordan Valley, all of which further fragment and undermine the contiguity of the Occupied Palestinian Territory,
Deploring the plans to demolish the Palestinian village of Khan al-Ahmar, in contravention of international law, which would have serious consequences with regard to the displacement of its residents, severely threaten the viability of the two-
__________________
11 A/HRC/49/87; see also A/77/356.
12 A/HRC/22/63.
13 A/48/486-S/26560, annex.
14 S/2003/529, annex.
A/77/400
18/20 22-25666
State solution and undermine the prospect of peace, given the area’s sensitive location and importance for preserving the contiguity of the Palestinian territory, and demanding the cessation of such plans,
Condemning the demolition by Israel, in contravention of international law, of Palestinian buildings in the neighbourhood of Wadi al-Hummus in the village of Sur Bahir, south of occupied East Jerusalem, and of homes in Masafer Yatta, as well as other coercive measures potentially leading to the forced displacement and affecting over 1,200 Palestinian civilians,
Taking note of the Quartet report of 1 July 2016,15 and stressing its recommendations, as well as its relevant statements in which the Quartet members concluded that, inter alia, the continuing policy of settlement construction and expansion, designation of land for exclusive Israeli use and denial of Palestinian development, including the recent high rate of demolitions, are steadily eroding the two-State solution,
Deploring the continuing unlawful construction by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern, in particular, about the route of the wall in departure from the Armistice Line of 1949 and in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and which is causing humanitarian hardship and a serious decline of socioeconomic conditions for the Palestinian people, is fragmenting the territorial contiguity of the Territory and undermining its viability, and could prejudge future negotiations and make the two-State solution physically impossible to implement,
Condemning acts of violence and terror against civilians on both sides, and recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction,
Condemning also all acts of violence, destruction, harassment, provocation and incitement by Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, against Palestinian civilians, including children, and their properties, including historic and religious sites, and agricultural lands, as well as acts of terror by several extremist Israeli settlers, and calling for accountability for the illegal actions perpetrated in this regard,
Taking note of the relevant reports of the Secretary-General, including pursuant to Security Council resolution 2334 (2016),16
1. Reaffirms that the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development;
2. Demands 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, to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, including the occupied Syrian Golan, and abide scrupulously by the provisions of the Convention, in particular article 49, and comply with all of its obligations under international law and cease immediately all actions causing the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and of the occupied Syrian Golan; __________________
15 S/2016/595, annex.
16 A/76/304, A/76/333, A/76/336 and A/77/493.
A/77/400
22-25666 19/20
3. Reiterates its demand for the immediate and complete cessation of all Israeli settlement activities in all of the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls in this regard for the full implementation of all the relevant resolutions of the Security Council, including, inter alia, resolutions 446 (1979), 452 (1979) of 20 July 1979, 465 (1980), 476 (1980), 478 (1980), 1515 (2003) of 19 November 2003 and 2334 (2016);
4. Stresses that a complete cessation of all Israeli settlement activities is essential for salvaging the two-State solution on the basis of the pre-1967 borders;
5. Also stresses the urgent need to reverse negative trends on the ground, including the building of settlements and the demolition of Palestinian homes, which are imperilling the viability of the two-State solution and entrenching a situation of unequal rights and discrimination, and are preventing the Palestinian people from exercising their fundamental rights;
6. Recalls the affirmation by the Security Council, in its resolution 2334 (2016), that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations;
7. Stresses that the occupation of a territory is to be a temporary, de facto situation, whereby the occupying Power can neither claim possession nor exert its sovereignty over the territory it occupies, recalls in this regard the principle of the inadmissibility of the acquisition of land by force and therefore the illegality of the annexation of any part of the Occupied Palestinian Territory, including East Jerusalem, which constitutes a breach of international law, undermines the viability of the two-State solution and challenges the prospects for a just, lasting and comprehensive peace settlement, and expresses its grave concern at recent statements calling for the annexation by Israel of areas in the Occupied Palestinian Territory;
8. Condemns in this regard settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan and any activities involving the confiscation of land, the disruption of the livelihood of protected persons, the forced transfer of civilians and the annexation of land, whether de facto or through national legislation;
9. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice;
10. Reiterates its call for the prevention of all acts of violence, destruction, harassment and provocation by Israeli settlers, especially against Palestinian civilians and their properties, including historic and religious sites and including in Occupied East Jerusalem, and their agricultural lands;
11. Calls for accountability for the illegal actions perpetrated by Israeli settlers in the Occupied Palestinian Territory, stresses in this regard the need for the implementation of Security Council resolution 904 (1994), in which the Council called upon Israel, the occupying Power, to continue to take and implement measures, including the confiscation of arms, aimed at preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory, recalls in this regard the report of the Secretary-General on the protection of the Palestinian civilian population,17 and welcomes the Secretary-General’s observations, including with respect to the expansion of existing protection mechanisms to prevent and deter violations; __________________
17 A/ES-10/794.
A/77/400
20/20 22-25666
12. Stresses the responsibility of Israel, the occupying Power, to investigate all acts of settler violence against Palestinian civilians and their properties and to ensure accountability for these acts and end prevailing impunity in this regard;
13. Calls upon all States and international organizations to continue to actively pursue policies that ensure respect for their obligations under international law with regard to all illegal Israeli practices and measures in the Occupied Palestinian Territory, including East Jerusalem, particularly Israeli settlement activities;
14. Calls for measures of accountability, consistent with international law, in the light of continued non-compliance with the demands for a complete and immediate cessation of all settlement activities, which are illegal under international law, constitute an obstacle to peace and threaten to make a two-State solution impossible, stressing that compliance with and respect for international humanitarian law and international human rights law is a cornerstone for peace and security in the region;
15. Recalls, in this regard, the statement of 15 July 1999 and the declarations adopted on 5 December 2001 and on 17 December 201418 by the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, welcomes in this regard initiatives by States parties, both individually and collectively, in accordance with article 1 of the Convention, aimed at ensuring respect for the Convention and accountability, and calls upon all High Contracting Parties to the Convention to continue, individually and collectively, to exert all efforts to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;
16. Also recalls that the Security Council, in its resolution 2334 (2016), called upon all States to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967;
17. Calls upon all States, consistent with their obligations under international law and the relevant resolutions, not to recognize, and not to render aid or assistance in maintaining, the situation created by measures that are illegal under international law, including those aimed at advancing annexation in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;
18. Calls upon the relevant United Nations bodies to take all necessary measures and actions within their mandates to ensure full respect for and compliance with Human Rights Council resolution 17/4 of 16 June 2011,19 concerning the Guiding Principles on Business and Human Rights20 and other relevant international laws and standards, and to ensure the implementation of the United Nations “Protect, Respect and Remedy” Framework, which provides a global standard for upholding human rights in relation to business activities that are connected with Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem;
19. Requests the Secretary-General to report to the General Assembly at its seventy-eighth session on the implementation of the present resolution;
20. Decides to include in the provisional agenda of its seventy-eighth session the item entitled “Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories”. __________________
18 A/69/711-S/2015/1, annex.
19 See Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 53 (A/66/53), chap. III, sect. A.
20 A/HRC/17/31, annex.
United Nations A/RES/77/247
General Assembly
Distr.: General
9 January 2023
23-00138 (E) 120123
*2300138*
Seventy-seventh session
Agenda item 47
Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories
Resolution adopted by the General Assembly on 30 December 2022
[on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/77/400, para. 14)]
77/247. Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem
The General Assembly,
Recalling the Universal Declaration of Human Rights,1
Recalling also the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights3 and the Convention on the Rights of the Child,4 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem,
Reaffirming its relevant resolutions, including resolution 75/98 of 10 December 2020, as well as those adopted at its tenth emergency special session,
Recalling the relevant resolutions of the Human Rights Council,
Recalling also the relevant resolutions of the Security Council, and stressing the need for their implementation,
Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of __________________
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 United Nations, Treaty Series, vol. 1577, No. 27531.
A/RES/77/247
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem
2/9 23-00138
the Occupied Territories5 and the report of the Secretary-General on the work of the Special Committee,6
Taking note of the report of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,7 as well as of other relevant recent reports of the Human Rights Council,
Taking note also of the report of the independent international commission of inquiry established pursuant to Human Rights Council resolution S-30/1,8
Stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,
Taking note of the recent report by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and the Arab population in the occupied Syrian Golan,9
Deeply regretting that 55 years have passed since the onset of the Israeli occupation, and stressing the urgent need for efforts to reverse the negative trends on the ground and to restore a political horizon for advancing and accelerating meaningful negotiations aimed at the achievement of a peace agreement that will bring a complete end to the Israeli occupation that began in 1967 and the resolution of all core final status issues, without exception, leading to a peaceful, just, lasting and comprehensive solution of the question of Palestine,
Aware of the responsibility of the international community to promote human rights and ensure respect for international law, and recalling in this regard its resolution 2625 (XXV) of 24 October 1970,
Recalling 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,10 and recalling also relevant General Assembly resolutions,
Noting in particular the Court’s reply, including that 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,
Taking note of its resolution 67/19 of 29 November 2012,
Noting the accession by Palestine to several human rights treaties and the core humanitarian law conventions, as well as other international treaties,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,11 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, __________________
5 A/77/501.
6 A/76/333.
7 A/HRC/49/87.
8 A/77/328.
9 A/77/90-E/2022/66.
10 See A/ES-10/273 and A/ES-10/273/Corr.1.
11 United Nations, Treaty Series, vol. 75, No. 973.
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
23-00138 3/9
Reaffirming further the obligation of the States parties to the Fourth Geneva Convention12 under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties,
Recalling the statement of 15 July 1999 and the declarations adopted on 5 December 2001 and on 17 December 201413 by the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, aimed at ensuring respect for the Convention in the Occupied Palestinian Territory, including East Jerusalem,
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,
Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process, including the Sharm el-Sheikh understandings, and the implementation of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,14
Stressing also the need for the full implementation of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip,
Gravely concerned by the tensions and violence in the recent period throughout the Occupied Palestinian Territory, including East Jerusalem and including with regard to the holy places of Jerusalem, including the Haram al-Sharif, and deploring the loss of innocent civilian life,
Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and in the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter,
Reaffirming also the obligation to respect the historic status quo, the special significance of the holy sites, and the importance of the City of Jerusalem for the three monotheistic religions,
Recognizing that security measures alone cannot remedy the escalating tensions, instability and violence, and calling for full respect for international law, including humanitarian and human rights law, including for the protection of civilian life, as well as for the promotion of human security, the de-escalation of the situation, the exercise of restraint, including from provocative actions and rhetoric, and the establishment of a stable environment conducive to the pursuit of peace,
Expressing grave concern about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the excessive use of force and military operations causing death and injury to Palestinian civilians, including children, women and non-violent, peaceful demonstrators, as well as journalists, medical personnel and humanitarian personnel; the arbitrary imprisonment and detention of Palestinians, some of whom have been imprisoned for decades; the use of collective punishment; the closure of areas; the confiscation of land; the establishment and expansion of settlements; the construction __________________
12 Ibid.
13 A/69/711-S/2015/1, annex.
14 S/2003/529, annex.
A/RES/77/247
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem
4/9 23-00138
of a wall in the Occupied Palestinian Territory in departure from the Armistice Line of 1949; the destruction of property and infrastructure; the forced displacement of civilians, including attempts at forced transfers of Bedouin communities; and all other actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, and demanding the cessation of all such unlawful actions,
Gravely concerned by the ongoing demolition by Israel, the occupying Power, of Palestinian homes, as well as of structures, including schools, provided as international humanitarian aid, in particular in and around Occupied East Jerusalem, including if carried out as an act of collective punishment in violation of international humanitarian law, which has escalated at unprecedented rates, and by the revocation of residence permits and eviction of Palestinian residents of the City of Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and around the Gaza Strip and the high number of casualties among Palestinian civilians in the recent period, including among children, and any violations of international law, and calling for full respect for international humanitarian and human rights law and for the principles of legality, distinction, precaution and proportionality,
Gravely concerned about the disastrous humanitarian situation and the critical socioeconomic and security situation in the Gaza Strip, including that resulting from the prolonged closures and severe economic and movement restrictions that in effect amount to a blockade and deepen poverty and despair among the Palestinian civilian population, and about the short- and long-term detrimental impacts of this situation and the widespread destruction and continued impeding of the reconstruction process by Israel, the occupying Power, on the human rights situation,
Recalling with grave concern the United Nations country team report of August 2012, entitled “Gaza in 2020: a liveable place?”,
Recalling the statement by the President of the Security Council of 28 July 2014,15
Stressing the need for the full implementation by all parties of Security Council resolution 1860 (2009) of 8 January 2009 and General Assembly resolution ES-10/18 of 16 January 2009,
Stressing also that the situation in the Gaza Strip is unsustainable and that a durable ceasefire agreement must lead to a fundamental improvement in the living conditions of the Palestinian people in the Gaza Strip, including through the sustained and regular opening of crossing points, and ensure the safety and well-being of civilians on both sides, and regretting the lack of progress made in this regard,
Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the successive military operations in the Gaza Strip,16 and reiterating the necessity for serious follow-up by all parties of the recommendations addressed to them towards ensuring accountability and justice,
Stressing the need for protection of human rights defenders engaged in the promotion of human rights issues in the Occupied Palestinian Territory, including East Jerusalem, to allow them to carry out their work freely and without fear of attacks and harassment, __________________
15 S/PRST/2014/13; see Resolutions and Decisions of the Security Council, 1 August 2013–31 July 2014 (S/INF/69).
16 See A/63/855-S/2009/250; S/2015/286, annex; A/HRC/12/48; and A/HRC/29/52.
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
23-00138 5/9
Expressing deep concern about the Israeli policy of closures and the imposition of severe restrictions, including through hundreds of obstacles to movement, checkpoints and a permit regime, all of which obstruct the freedom of movement of persons and goods, including medical and humanitarian goods, and the follow-up and access to donor-funded projects of development cooperation and humanitarian assistance, throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the Territory’s contiguity, consequently violating the human rights of the Palestinian people and negatively impacting their socioeconomic and humanitarian situation, which remains dire in the Gaza Strip, and the efforts aimed at rehabilitating and developing the Palestinian economy, and calling for the full lifting of restrictions,
Expressing grave concern that thousands of Palestinians, including many children and women, as well as elected representatives, continue to be held in Israeli prisons or detention centres under harsh conditions, including unhygienic conditions, solitary confinement, the extensive use of administrative detention of excessive duration without charge and denial of due process, lack of proper medical care and widespread medical neglect, including for prisoners who are ill, with the risk of fatal consequences, and denial of family visits, that impair their well-being, and expressing grave concern also about the ill-treatment and harassment and all reports of torture of any Palestinian prisoners,
Expressing deep concern about the hunger strikes by Palestinian prisoners in protest of the harsh conditions of their imprisonment and detention by the occupying Power, while taking note of agreements reached on conditions of detention in Israeli prisons and calling for their full and immediate implementation,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)17 and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),18 and calling for respect for those Rules,
Recalling also the prohibition under international humanitarian law of the deportation of civilians from occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the release of the bodies that have not yet been returned to their relatives, in line with international humanitarian law and human rights law, in order to ensure dignified closure in accordance with their religious beliefs and traditions,
Stressing the need for the prevention of all acts of violence, harassment, provocation and incitement by extremist Israeli settlers and groups of armed settlers, especially against Palestinian civilians, including children, and their properties, including homes, agricultural lands and historic and religious sites, including in Occupied East Jerusalem, and deploring the violation of the human rights of Palestinians in this regard, including acts of violence leading to death and injury among civilians,
Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilian population and to help the parties to implement the agreements reached, in this regard recalling the importance of the mandate and the positive contribution of the Temporary International Presence in Hebron, and regretting the unilateral decision by the Government of Israel not to renew its mandate, __________________
17 Resolution 70/175, annex.
18 Resolution 65/229, annex.
A/RES/77/247
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem
6/9 23-00138
Stressing the need for an immediate and complete cessation of all acts of violence, including military attacks, destruction and acts of terror,
Stressing also that the protection of civilians is a critical component in ensuring peace and security, as well as the need for measures to be taken to guarantee the safety and protection of the Palestinian civilian population throughout the Occupied Palestinian Territory, consistent with the provisions and obligations of international humanitarian law,
Stressing further the need to respect the right of peaceful assembly,
Taking note of the report of the Secretary-General on the protection of the Palestinian civilian population19 and the observations made therein on ways and means for ensuring the safety, protection and well-being of the Palestinian civilian population under Israeli occupation,
Noting the continued efforts and tangible progress made in the Palestinian security sector, and noting also the continued cooperation that benefits both Palestinians and Israelis, in particular by promoting security and building confidence,
Urging the parties to observe calm and restraint and to refrain from provocative actions, incitement and inflammatory rhetoric, especially in areas of religious and cultural sensitivity, including in East Jerusalem, and to take every possible step to defuse tensions and promote conditions conducive to the credibility and success of the peace negotiations,
Emphasizing the right of all people in the region to the enjoyment of human rights as enshrined in the international human rights covenants,
1. Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council, are illegal and have no validity, and demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions taken in violation and in breach of the Convention;
2. Demands that Israel, the occupying Power, cease all measures contrary to international law, as well as discriminatory legislation, policies and actions in the Occupied Palestinian Territory that violate the human rights of the Palestinian people, including the killing and injury of civilians, the arbitrary detention and imprisonment of civilians, the forced displacement of civilians, including attempts at forced transfers of Bedouin communities, the transfer of its own population into the Occupied Palestinian Territory, including East Jerusalem, the destruction and confiscation of civilian property, including home demolitions, including if carried out as collective punishment in violation of international humanitarian law, and any obstruction of humanitarian assistance, and that it fully respect human rights law and comply with its legal obligations in this regard, including in accordance with relevant United Nations resolutions;
3. Calls for urgent measures to ensure the safety and protection of the Palestinian civilian population in the Occupied Palestinian Territory, including East Jerusalem, in accordance with the relevant provisions of international humanitarian law and as called for by the Security Council in its resolution 904 (1994) of 18 March 1994; __________________
19 A/ES-10/794.
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
23-00138 7/9
4. Takes note of the report of the Secretary-General on the protection of the Palestinian civilian population, notably the observations made therein, including the possible expansion of existing protection mechanisms to prevent and deter violations, and calls for continued efforts within the United Nations human rights framework regarding the legal protection and safety of the Palestinian civilian population;
5. Calls for full cooperation by Israel with the relevant special rapporteurs and other relevant mechanisms and inquiries of the Human Rights Council, including the facilitation of entry to the Occupied Palestinian Territory, including East Jerusalem, for monitoring and reporting on the human rights situation therein according to their respective mandates;
6. Demands that Israel, the occupying Power, cease all of its settlement activities, the construction of the wall and any other measures aimed at altering the character, status and demographic composition of the Occupied Palestinian Territory, including in and around East Jerusalem, all of which, inter alia, gravely and detrimentally impact the human rights of the Palestinian people, including their right to self-determination, and the prospects for achieving without delay an end to the Israeli occupation that began in 1967 and a just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides, and calls for the full respect and implementation of all relevant General Assembly and Security Council resolutions in this regard, including Security Council resolution 2334 (2016) of 23 December 2016;
7. Calls for urgent attention to the plight and the rights, in accordance with international law, of Palestinian prisoners and detainees in Israeli jails, including those on hunger strike, also calls for efforts between the two sides for the further release of prisoners and detainees, and further calls for respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);
8. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially any use of force by the Israeli occupying forces against Palestinian civilians in violation of international law, particularly in the Gaza Strip, including against journalists, medical personnel and humanitarian personnel, which have caused extensive loss of life and vast numbers of injuries, including among children and women;
9. Also condemns all acts of violence by militants and armed groups, including the firing of rockets, against Israeli civilian areas, resulting in loss of life and injury;
10. Reiterates its demand for the full implementation of Security Council resolution 1860 (2009);
11. Demands that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice and as demanded in General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto, and make reparations for all damage caused by the construction of the wall, which has gravely impacted the human rights and the socioeconomic living conditions of the Palestinian people;
12. Reiterates the need for respect for the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement of persons and goods within the Palestinian territory, including
A/RES/77/247
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem
8/9 23-00138
movement into and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to and from the outside world;
13. Calls upon Israel, the occupying Power, to cease its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip, and in this regard to fully implement the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, in order to allow for the sustained and regular movement of persons and goods and for the acceleration of long overdue and massive reconstruction needs and economic recovery in the Gaza Strip, while noting the tripartite agreement facilitated by the United Nations in this regard;
14. Stresses the urgent need to address the continuing health crisis in the Gaza Strip, including by ensuring the provision of adequate infrastructure, medical supplies and equipment, alongside expertise, to deal with the increasing caseload of injuries requiring complex treatment in the context of the protests in the Gaza Strip;
15. Urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip;
16. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their inalienable human rights, including their right to self-determination, as a matter of urgency, in the light of the passage of more than 55 years of the Israeli occupation and the continued denial and violation of the human rights of the Palestinian people;
17. Emphasizes the need to preserve and develop the Palestinian institutions and infrastructure for the provision of vital public services to the Palestinian civilian population and the promotion of human rights, including civil, political, economic, social and cultural rights, and urges in this regard the implementation of the agreement signed in Cairo on 12 October 2017,20 which would be an important step towards achieving Palestinian unity and lead to the effective functioning of the Palestinian Government, including in the Gaza Strip, under the leadership of President Mahmoud Abbas, consistent with the Palestine Liberation Organization commitments and the Quartet principles;
18. 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 render an advisory opinion on the following questions, considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:
(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status? __________________
20 S/2017/899, annex.
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
23-00138 9/9
19. Requests the Secretary-General to report to the General Assembly at its seventy-eighth session on the implementation of the present resolution, including with regard to the applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories.
56th (resumed) plenary meeting
30 December 2022