Question of Palestine home
10 August 1987
Item 76 of the provisional agenda*
REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI PRACTICES
AFFECTING THE HUMAN RIGHTS OF THE POPULATION
OF THE OCCUPIED TERRITORIES
Report of the Secretary-General
(in pursuance of General Assembly resolution 41/63 E)
1. The present report is submitted in pursuance of General Assembly resolution 41/63 E of 3 December 1986, the operative part of which reads as follows:
The General Assembly
Israel, the occupying Power, for its persistent refusal to comply with the relevant resolutions of the Security Council and the General Assembly;
that the Government of Israel, the occupying Power, rescind the illegal measures taken by the Israeli military occupation authorities in expelling the Mayor of Halhul, the Sharia Judge of Hebron and, in 1985 and 1986, other Palestinian leaders and that it facilitate the immediate return of the expelled Palestinians so that they can,
, resume the functions for which they were elected and appointed;
Israel, the occupying Power, to cease forthwith the expulsion of Palestinians and to abide scrupulously by the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;
the Secretary-General to report to the General Assembly as soon as possible but not later than the beginning of its forty-second session on the implementation of the present resolution."
2. On 23 January 1987, the Secretary-General addressed to the Permanent Representative of Israel to the United Nations a
note verbale, in which he requested, in view of his reporting responsibilities under the resolution, that the Permanent Representative inform him of any steps which the Government of Israel had taken or envisaged taking in implementation of the relevant provisions of the resolution.
3. On 17 June 1987, the Permanent Representative of Israel addressed to the Secretary-General the following reply:
"The position of the Government of Israel on General Assembly resolution 41/63 E was set out in the statement by the Permanent Representative of Israel in the Security Council on 19 December 1980 (S/PV.2259), in letters by the Permanent Representative of Israel dated 23 January 1981 and 19 March 1982 addressed to the Secretary-General,
/ and in statements by Israel's representative in the Special Political Committee on 8 November 1985 (A/SPC/40/PV.27) and on 13 November 1986 (A/SPC/41/SR.27).
"The continuing threat terrorist activity poses to Israel's security accounts for its measures to ensure the maintenance of public order as contemplated by international law. These measures are exercised only in the most extreme cases and are subject to judicial and administrative controls, in particular, the review of the Israeli High Court of Justice which can be petitioned at any time by a person subject to an expulsion order.
"Resolution 41/63 E displays the most biased and distorted picture of the events surrounding these expulsions. As such, this resolution, based on erroneous assumptions, should be dropped from the General Assembly's agenda."
/ See A/36/85-S/14350, para. 6, and A/37/162, para. 4.