Question of Palestine home
7 February 1986
LETTER DATED 6 FEBRUARY 1986 FROM THE PERMANENT REPRESENTATIVE OF
THE UNITED ARAB EMIRATES TO THE UNITED NATIONS ADDRESSED TO
THE PRESIDENT OF THE SECURITY COUNCIL
I have the honour to transmit herewith the text of a letter addressed to Your Excellency by the Permanent Observer of the Palestine Liberation Organization to the United Nations, dated 4 February 1986 .
I would be very grateful if you arrange that this letter be circulated as a document of the Security Council.
) Mohamed Hussain AL-SHAALI
LETTER DATED 4 FEBRUARY 1986 FROM THE PERMANENT OBSERVER
OF THE PALESTINE LIBERATION ORGANIZATION TO THE UNITED NATIONS
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL
I am instructed by Yasser Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization, to bring the following to your immediate attention,
our letter of 30 October 1985. On 30 January 1986, during the hearing in the Supreme Court of Israel, the State Attorney-General rejected the defence of the Attorney pleading on behalf of Hassan Abdul Jawad Farrarjeh, Azmi Al-Shuaibi and Ali Abu Hilal, based on the norms of international law. Supreme Court Judge Dov Levin instructed their attorney not to proceed as the Israeli Supreme Court had already decided to reject defence based on the applicability of the provisions of the Fourth Geneva Convention of 1949 to the occupied Palestinian territories.
As a result of this rejection, and faced with a travesty of justice and mockery of law and the pre-conceived decision, the detainees decided that there was no sense and no use served in continuing with the so-called legal proceedings. Consequently, they decided to drop their case, their expulsion was immediately executed.
In this context, on 17 September 1985, the
, on page A18, reproduced a photograph distributed by the Associated Press showing "18 Palestinians deported by Israel on Sunday following a path through a minefield into Jordan at the two countries' border in the desert south of the Dead Sea". The photograph in question shows Israeli troops in full battle-gear watching the illegal act. All indications show that the aforementioned Palestinians, Hassan Abdul Jawad Farrarjeh, Azmi Al-Shuaibi and Ali Abu Hilal, were expelled from their homeland also through the minefield to the desert.
I am also requested to recall that the Security Council, on several occasions, unanimously confirmed the applicability of the provisions of the Fourth Geneva Conventions to the Israeli-occupied Palestinian territories, including Jerusalem, particularly article 49:
"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive."
and article 1, which reads:
"The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances."
Israel's flagrant mockery and travesty of justice is brought to your attention for any action that you may deem necessary in light of the fact that the other "High Contracting Parties" have undertaken to "respect the present Convention in all circumstances".
I am further instructed to recall that General Assembly resolution 40/161 E adopted on 16 December 1985:
Israel, the occupying Power, to rescind its illegal decision taken on 26 October 1985 and refrain from deporting the four Palestinian leaders;"
This matter was also brought to your attention by the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People (A/40/889-S/17630).
) Zehdi Labib TERZI