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Adopted on 15 December 2006 (A/61/641)
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UNITED
NATIONS
A

        General Assembly
Distr.
LIMITED
A/ES-10/L.20
22 November 2006

Original: English

Tenth emergency special session
Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory



Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait,
Lebanon, Libyan Arab Jamahiriya, Malaysia, Mauritania, Morocco,
Namibia, Oman, Qatar, Saudi Arabia, Senegal, Sudan, Syrian Arab
Republic, Tunisia, United Arab Emirates, Yemen, Zimbabwe and
Palestine: draft resolution


Establishment of the United Nations Register of Damage
caused by the Construction of the Wall in the Occupied
Palestinian Territory

The General Assembly,

Guided by the principles enshrined in the Charter of the United Nations and the rules and principles of international law, including international humanitarian law and human rights law,

Reaffirming the permanent responsibility of the United Nations towards the question of Palestine until it is resolved in all its aspects in a satisfactory manner on the basis of international legitimacy,

Recalling the relevant resolutions of the Security Council,

Recalling also its relevant resolutions, including the resolutions of its tenth emergency special session on illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory,

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,1 and recalling in particular the Court’s reply to the question put forth by the General Assembly in resolution ES-10/14 of 8 December 2003, as set forth in the dispositif of the advisory opinion,2

Recalling in this regard the Court’s determination that, inter alia, “Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem”,

Reaffirming its resolution ES-10/15 of 20 July 2004 entitled “Advisory opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem”,

Recalling the request made in resolution ES-10/15 for the Secretary-General to establish a register of damage caused to all natural or legal persons concerned in connection with paragraphs 152 and 153 of the advisory opinion,

Noting in this connection the Court’s conclusion whereby, inter alia:

Deploring the continuing unlawful construction by Israel, the occupying Power, of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, in total disregard of the advisory opinion of 9 July 2004 and of resolution ES-10/15 and in breach of the applicable rules and principles of international law,

Expressing grave concern over the continuing and mounting loss, damage and suffering being inflicted upon the Palestinian people by Israel, the occupying Power, as a result of the unlawful construction of the wall and its associated regime,

Recognizing the necessity of accurately documenting and assessing the damage caused by the construction of the wall for the purpose of fulfilling the obligation to make the above-mentioned reparations, including restitution and compensation, in accordance with the rules and principles of international law,

Taking note with appreciation of the report of the Secretary-General of 17 October 2006 pursuant to General Assembly resolution ES-10/15,4

1. Reaffirms its resolution ES-10/15 of 20 July 2004 entitled “Advisory opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem”, and reiterates the demands made therein, including, inter alia, the demand that Israel, the occupying Power, comply with its legal obligations as mentioned in the advisory opinion;

2. Takes note with appreciation of the report of the Secretary-General pursuant to General Assembly resolution ES-10/15;4

3. Establishes the United Nations Register of Damage caused by the Construction of the Wall in the Occupied Palestinian Territory, hereinafter referred to as the Register of Damage, to serve as a comprehensive record, in documentary form, of the damage caused to all natural and legal persons concerned as a result of the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem;

4. Decides to set up an office of the Register of Damage, which will be:

(a) Responsible for the establishment and comprehensive maintenance of the Register of Damage;

(b) Composed of a three-member Board and a secretariat, headed by an Executive Director and consisting of substantive, administrative and technical support staff;

(c) A subsidiary organ of the General Assembly operating under the administrative authority of the Secretary-General;

(d) Established at the site of the United Nations Office at Vienna;

5. Requests the Secretary-General to nominate the candidates for the three-member Board of the office of the Register of Damage, according to the selection criteria set out in the report mentioned in paragraph 2 above and at the earliest practicable date, and to submit their candidatures to the General Assembly for its approval within three months;

6. Decides that the responsibilities assumed by the Board of the office of the Register of Damage shall be as follows:

(a) The Board shall have overall responsibility for the establishment and maintenance of the Register of Damage;

(b) The Board shall establish the rules and regulations governing the work of the office of the Register of Damage;

(c) The Board shall determine the eligibility criteria on the basis of prima facie evidence where title is concerned and bearing in mind that all claims should be eligible for submission regardless of the residency status of the claimants;

(d) The Board shall, guided by the relevant findings of the advisory opinion, general principles of international law and principles of due process of law, also determine the criteria of damage and the procedure for the registration of damage claims, including, inter alia, documentation of the fact and type of damage or loss caused, verification, and an assessment of value of the damage or loss caused, taking into account, where applicable, appreciation;

(e) The Board, on the recommendation of the Executive Director, shall have the ultimate authority in determining the inclusion of damage claims in the Register of Damage;

(f) The Board shall meet at least four times each year at the office of the Register of Damage to determine which claims should be included in the Register of Damage, based on the established objective criteria defined in the rules and regulations;

(g) The Board shall engage, periodically and as deemed necessary, the expertise of technical specialists in relevant fields, including, inter alia, agriculture, land law, topography and assessment and compensation, to assist it in establishing and maintaining the Register of Damage;

(h) The Board shall render progress reports periodically to the Secretary-General for transmission to the General Assembly;

7. Requests the Secretary-General to appoint, at the earliest practicable date, the Executive Director of the office of the Register of Damage, who shall:

(a) Have responsibility for overseeing and administrating the work of the secretariat of the office of the Register of Damage;

(b) Be responsible for forwarding all damage claims to the Board for its approval for inclusion in the Register of Damage and serve in an advisory capacity to the Board in this regard;

8. Decides that the secretariat of the office of the Register of Damage shall provide substantive, technical and administrative support for the establishment and maintenance of the Register of Damage by undertaking, inter alia, the following functions:

(a) Designing the format of the damage claims;

(b) Administering a public awareness programme to inform the Palestinian public about the possibility of and the requirements for filing a damage claim for registration, including an extensive community outreach programme to explain the purpose of the Register of Damage and provide guidance on how to fill out and submit the claim forms;

(c) Receiving and processing all damage claims, including by undertaking a process of verifying and assessing the damages or loss caused by the construction of the wall, for registration in the Register of Damage;

(d) Submitting all processed damage claims through the Executive Director to the Board for inclusion in the Register of Damage;

(e) Aggregating and maintaining the records of damage claims approved by the Board, including both hard copies of the claims and their electronic version, which shall be maintained at the office of the Register of Damage;

(f) Providing legal advice regarding the operations of the office of the Register of Damage and the submitted claims;

9. Resolves that the Register of Damage shall remain open for registration for the duration of existence of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem;

10. Also resolves that the office of the Register of Damage shall remain active for the duration of the process of registration and shall carry out the specific functions and directives recommended by the Secretary-General in his report, as set out in the present resolution, and such additional functions as may be deemed appropriate by the Board or requested by the General Assembly;

11. Calls for the establishment and operation of the office of the Register of Damage and the establishment of the Register of Damage itself within six months of the adoption of the present resolution and the immediate undertaking thereafter of the process of registration of damage claims;

12. Instructs the office of the Register of Damage, immediately upon its establishment, to seek the cooperation of the concerned Governments and authorities so as to facilitate its work in connection with the collection, submission and processing of damage claims in the Occupied Palestinian Territory, including East Jerusalem;

13. Calls upon the Government of Israel and the Palestinian Authority and relevant Palestinian institutions to cooperate with the office of the Register of Damage;

14. Calls upon the Secretary-General to instruct the United Nations agencies and offices present on the ground in the Occupied Palestinian Territory, including, inter alia, the Office for the Coordination of Humanitarian Affairs and the Office of the United Nations Special Coordinator for the Middle East Peace Process, to lend their support and expertise to the office of the Register of Damage, upon its request, so as to facilitate its work;

15. Requests the Secretary-General to provide the necessary staff and facilities and to make appropriate arrangements to provide the necessary funds required to carry out the terms of the present resolution;

16. Decides to adjourn the tenth emergency special session temporarily and to authorize the President of the General Assembly at its most recent session to resume the meeting of the special session upon request from Member States.


Notes
1 See A/ES-10/273 and Corr.1.
2 Ibid., para. 163.
3 Ibid., para. 153.
4 A/ES-10/361.

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