United
Nations General Assembly
Resolution
3092 - 7 December 1973
3092 (XXVIII). Report
of the Special Committee to Investigate Israeli Practices Affecting
the Human Rights of the Population of the Occupied Territories
A
The General Assembly,
Recalling the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949,1/
Recalling that Israel and the Arab States, some of whose territories
have been occupied by Israel since 1967, are parties to that Convention,
Bearing in mind that the promotion of respect for the obligations
arising from treaties and other sources of international law is one
of the basic objectives of the United Nations,
Bearing in mind, furthermore, that the States parties to that
Convention undertake, in accordance with article 1 thereof, not only
to respect but also to ensure respect for the Convention in all circumstances,
1. Affirms that the Geneva Convention relative to the Protection
of Civilian Persons in Time of War, of 12 August 1949, applies to
the Arab territories occupied by Israel since 1967;
2. Calls upon the Israeli occupation authorities to respect
and comply with the provisions of that Convention in the occupied
Arab territories;
3. Urges all States parties to that Convention to endeavour
to ensure respect for and compliance with the provisions thereof in
the occupied Arab territories.
B
The General Assembly,
Guided by the purposes and principles of the Charter of the
United Nations as well as the principles and provisions of the Universal
Declaration of Human Rights,
Bearing in mind the provisions of the Geneva Convention relative
to the Protection of Civilian persons in Time of War, of 12 August
1949,2/ as well as those of other relevant conventions and
regulations,
Recalling its resolutions as well as those resolutions adopted
by the Security Council, the Commission on Human Rights and other
United Nations bodies and by specialized agencies on the question
of Israeli policies and practices affecting the human rights of the
population of the Arab territories occupied by Israel since 1967,
Considering that implementation of the Geneva Convention of
12 August 1949 cannot and should not be left open in a situation involving
foreign military occupation and the rights of the civilian population
of these territories under the provisions of that Convention and in
accordance with the principles of international law,
Having considered the report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Population of
the Occupied Territories,3/
1. Commends the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Population of the Occupied Territories
for its efforts in performing the tasks assigned to it by the General
Assembly;
2. Deplores the continued refusal of the Government of Israel
to allow the Special Committee access to the occupied territories;
3. Expresses its grave concern at the violation by Israel of
the Geneva Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949, as well as the other applicable
international conventions and resolutions, in particular the following
violations:
(a) The annexation of certain parts of the occupied territories;
(b) The establishment of Israeli settlements in the occupied
territories and the transfer of an alien population thereto;
(c) The destruction and demolition of Arab houses, quarters,
villages and towns;
(d) The confiscation and expropriation of Arab property in
the occupied territories and all other transactions for the acquisition
of land between the Government of Israel, Israeli institutions and
Israeli nationals on the one hand, and the inhabitants or institutions
of the occupied territories on the other;
(e) The evacuation, deportation, expulsion, displacement and
transfer of the Arab inhabitants of the Arab territories occupied
by Israel since 1967, and the denial of their right to return to their
homes and property;
(f) Administrative detention and ill-treatment inflicted on
the Arab inhabitants;
(g) The pillaging of archaeological and cultural property in
the occupied territories;
(h) The interference with religious freedom, religious practices
and family rights and customs;
(i) The illegal exploitation of the natural wealth resources
and population of the occupied territories;
4. Calls upon Israel to desist immediately from the annexation
and colonization of the Arab territories occupied by it since 1967,
the establishment of settlements and the transfer of population to,
from or within those territories, and from all the other practices
referred to in paragraph 3 above;
5. Declares that Israel's policy of annexation, establishment
of settlements and transfer of an alien population to the occupied
territories in contravention of the purposes and principles of the
Charter of the United Nations, the principles and provisions of the
applicable international law concerning occupation, the principles
of sovereignty and territorial integrity, and the basic human rights
and fundamental freedoms of the people, and is as well an impediment
to the establishment of a just and lasting peace;
6. Reaffirms that Israel's policy of settling parts of its
population and new immigrants in the occupied territories is a flagrant
violation of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, and of the relevant United Nations resolutions,
and urges all States to refrain from any action which Israel will
exploit in carrying out its policy of colonizing the occupied territories;
7. Reaffirms that all measures taken by Israel to change the
physical character, demographic composition, institutional structure
or the status of the occupied territories, or any part thereof, are
null and void;
8. Calls upon all States, international organizations and specialized
agencies not to recognize any changes carried out by Israel in the
occupied territories and to avoid actions, including actions in the
field of aid, which might be used by Israel in its pursuit of the
policies and practices referred to in the present resolution;
9. Requests the Special Committee, pending the early termination
of Israeli occupation, to continue to investigate Israeli policies
and practices in the Arab territories occupied by Israel since 1967,
to consult, as appropriate, with the International Committee of the
red Cross in order to ensure the safeguarding of the welfare and human
rights of the population of the occupied territories, and to report
to the Secretary-General as soon as possible and whenever the need
arises thereafter;
10. Requests the Secretary-General:
(a) To render all necessary facilities to the Special Committee,
including those required for its visits to the occupied territories
with a view to investigating Israeli policies and practices affecting
the human rights of the population of those territories;
(b) To ensure the widest circulation of the reports of the
Special Committee and of information regarding its activities and
findings, by all means available through the Office of Public Information
of the Secretariat;
(c) To report to the General Assembly at its twenty-ninth session
on the tasks entrusted to him;
1. Decides to include in the provisional agenda of its twenty-ninth
session the item entitled "Report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Population of
the Occupied Territories".
___________________
1/ United Nations, Treaty Series, vol. 75, No. 973,
p. 287.
2/ Ibid.
3/ A/9148 and Add.1.
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