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Applicabilité de la 4éme Convention de Genève - L’Assemblée générale - Projet de résolution

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UNITED
NATIONS
A

        General Assembly
Distr.
LIMITED
A/C.4/71/L.12
1 November 2016

Original: English

Seventy-forst session
Special Political and Decolonization Committee
(Fourth Committee)
Agenda Item 50
Report of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories



Algeria, Bahrain, Bolivia (Plurinational State of), Brunei Darussalam, Comoros, Cuba, Djibouti, Ecuador, Egypt, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Mali, Mauritania, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, South Africa, Sudan, Tunisia, United Arab Emirates, Yemen, Venezuela (Bolivarian Republic of) and State of Palestine: draft resolution

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 the other occupied Arab territories

The General Assembly,

Recalling its relevant resolutions, including resolution 70/88 of 9 December 2015,

Bearing in mind the relevant resolutions of the Security Council,

Recalling 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 1949,1 and relevant provisions of customary law, including those codified in Additional Protocol I2 to the four Geneva Conventions,3

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 Territories4 and the relevant reports of the Secretary-General,5

Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,6 and also recalling General Assembly resolution ES-10/15 of 20 July 2004,

Noting in particular the Court’s reply, including that the Fourth Geneva Convention1 is applicable in the Occupied Palestinian Territory, including East Jerusalem, and that Israel is in breach of several of the provisions of the Convention,

Recalling 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, held on 15 July 1999, as well as the Declarations adopted by the reconvened Conference on 5 December 2001 and on 17 December 2014,7 and the urgent need for the parties to follow up the implementation of those Declarations,

Welcoming and encouraging the initiatives by States parties to the Convention, both individually and collectively, according to article 1 common to the four Geneva Conventions, aimed at ensuring respect for the Convention, as well as the continuing efforts of the depositary State of the Geneva Conventions in this regard,

Noting the accession by Palestine on 1 April 2014 to the Geneva Conventions and Additional Protocol I,

Stressing that Israel, the occupying Power, should comply strictly with its obligations under international law, including international humanitarian law,

1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967;

2. Demands that Israel accept the de jure applicability of the Convention in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, and that it comply scrupulously with the provisions of the Convention;

3. Calls upon all High Contracting Parties to the Convention, in accordance with article 1 common to the four Geneva Conventions3 and as mentioned in the advisory opinion of the International Court of Justice of 9 July 2004,6 to continue 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;

4. Notes the reconvening by Switzerland, the depositary State, of the Conference of High Contracting Parties to the Convention on 17 December 2014, and calls for efforts to uphold the obligations reaffirmed in the Declarations adopted on 5 December 2001 and 17 December 2014;7

5. Welcomes initiatives by States parties, in accordance with article 1 of the Convention, aimed at ensuring respect for the Convention;

6. Reiterates the need for speedy implementation of the relevant recommendations contained in the resolutions adopted by the General Assembly, including at its tenth emergency special session and including resolution ES-10/15, with regard to ensuring respect by Israel, the occupying Power, for the provisions of the Convention;

7. Requests the Secretary-General to report to the General Assembly at its seventy-second session on the implementation of the present resolution.

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1 United Nations, Treaty Series, vol. 75, No. 973.
2 Ibid., vol. 1125, No. 17512.
3 Ibid., vol. 75, Nos. 970-973.
4 A/70/406 and Corr.1.
5 A/70/133, A/70/312, A/70/341, A/70/351 and A/70/421.
6 See A/ES-10/273 and Corr.1.
7 A/69/711-S/2015/1, annex.



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