UN GA Res. 77 247
UN GA Res. 77 247
Seventy-seventh session
Agenda item 47
Israeli practices and settlement activities affecting the
rights of the Palestinian people and other Arabs of the
occupied territories
__________________
1
Resolution 217 A (III).
2
See resolution 2200 A (XXI), annex.
3
Ibid.
4
United Nations, Treaty Series, vol. 1577, No. 27531.
the Occupied Territories 5 and the report of the Secretary-General on the work of the
Special Committee, 6
Taking note of the report of the Special Rapporteur of the Human Rights Council
on the situation of human rights in the Palestinian territories occupied since 1967, 7 as
well as of other relevant recent reports of the Human Rights Council,
Taking note also of the report of the independent international commission of
inquiry established pursuant to Human Rights Council resolution S-30/1, 8
Stressing the need to ensure accountability for all violations of international
humanitarian law and international human rights law in order to end impunity, ensure
justice, deter further violations, protect civilians and promote peace,
Taking note of the recent report by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and the Arab population in the occupied Syrian Golan, 9
Deeply regretting that 55 years have passed since the onset of the Israeli
occupation, and stressing the urgent need for efforts to reverse the negative trends on
the ground and to restore a political horizon for advancing and accelerating
meaningful negotiations aimed at the achievement of a peace agreement that will
bring a complete end to the Israeli occupation that began in 1967 and the resolution
of all core final status issues, without exception, leading to a peaceful, just, lasting
and comprehensive solution of the question of Palestine,
Aware of the responsibility of the international community to promote human
rights and ensure respect for international law, and recalling in this regard i ts
resolution 2625 (XXV) of 24 October 1970,
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, 10 and recalling also relevant General Assembly
resolutions,
Noting in particular the Court’s reply, including that the construction of the wall
being built by Israel, the occupying Power, in the Occupied Palestinian Territory,
including in and around East Jerusalem, and its associated regime are contrary to
international law,
Taking note of its resolution 67/19 of 29 November 2012,
Noting the accession by Palestine to several human rights treaties and the core
humanitarian law conventions, as well as other international treaties,
Reaffirming the principle of the inadmissibility of the acquisition of territory by
force,
Reaffirming also the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 11 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
__________________
5
A/77/501.
6
A/76/333.
7
A/HRC/49/87.
8
A/77/328.
9
A/77/90-E/2022/66.
10
See A/ES-10/273 and A/ES-10/273/Corr.1.
11
United Nations, Treaty Series, vol. 75, No. 973.
2/9 23-00138
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
Reaffirming further the obligation of the States parties to the Fourth Geneva
Convention 12 under articles 146, 147 and 148 with regard to penal sanctio ns, grave
breaches and responsibilities of the High Contracting Parties,
Recalling the statement of 15 July 1999 and the declarations adopted on
5 December 2001 and on 17 December 2014 13 by 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, aimed at ensuring
respect for the Convention in the Occupied Palestinian Territory, including East
Jerusalem,
Reaffirming that all States have the right and the duty to take actions in
conformity with international law and international humanitarian law to counter
deadly acts of violence against their civilian population in order to protect the lives
of their citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements
reached within the context of the Middle East peace process, including the Sharm
el-Sheikh understandings, and the implementation of the Quartet road map to a
permanent two-State solution to the Israeli-Palestinian conflict, 14
Stressing also the need for the full implementation of the Agreement on
Movement and Access and the Agreed Principles for the Rafah Crossing, both of
15 November 2005, to allow for the freedom of movement of the Palestinian civili an
population within and into and out of the Gaza Strip,
Gravely concerned by the tensions and violence in the recent period throughout
the Occupied Palestinian Territory, including East Jerusalem and including with
regard to the holy places of Jerusalem, including the Haram al-Sharif, and deploring
the loss of innocent civilian life,
Reaffirming that the international community, through the United Nations, has
a legitimate interest in the question of the City of Jerusalem and in the protection of
the unique spiritual, religious and cultural dimensions of the city, as foreseen in
relevant United Nations resolutions on this matter,
Reaffirming also the obligation to respect the historic status quo, the special
significance of the holy sites, and the importance of the City of Jerusalem for the
three monotheistic religions,
Recognizing that security measures alone cannot remedy the escalating tensions,
instability and violence, and calling for full respect for international law, including
humanitarian and human rights law, including for the protection of civilian life, as
well as for the promotion of human security, the de-escalation of the situation, the
exercise of restraint, including from provocative actions and rhetoric, and the
establishment of a stable environment conducive to the pursuit of peace,
Expressing grave concern about the continuing systematic violation of the
human rights of the Palestinian people by Israel, the occupying Power, including that
arising from the excessive use of force and military operations causing death and
injury to Palestinian civilians, including children, women and non -violent, peaceful
demonstrators, as well as journalists, medical personnel and humanitarian personnel;
the arbitrary imprisonment and detention of Palestinians, some of whom have been
imprisoned for decades; the use of collective punishment; the closure of areas; the
confiscation of land; the establishment and expansion of settlements; the construction
__________________
12
Ibid.
13
A/69/711-S/2015/1, annex.
14
S/2003/529, annex.
23-00138 3/9
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
A/RES/77/247 East Jerusalem
of a wall in the Occupied Palestinian Territory in departure from the Armistice Line
of 1949; the destruction of property and infrastructure; the forced displacement of
civilians, including attempts at forced transfers of Bedouin communities; and all other
actions by it designed to change the legal status, geographical nature and demographic
composition of the Occupied Palestinian Territory, including East Jerusalem, and
demanding the cessation of all such unlawful actions,
Gravely concerned by the ongoing demolition by Israel, the occupying Power,
of Palestinian homes, as well as of structures, including schools, provided as
international humanitarian aid, in particular in and around Occupied East Jerusalem,
including if carried out as an act of collective punishment in violation of international
humanitarian law, which has escalated at unprecedented rates, and by the revocation
of residence permits and eviction of Palestinian residents of the City of Jerusalem,
Deploring the continuing and negative consequences of the conflicts in and
around the Gaza Strip and the high number of casualties among Palestinian civilians
in the recent period, including among children, and any violations of international
law, and calling for full respect for international humanitarian and human rights law
and for the principles of legality, distinction, precaution and proportionality,
Gravely concerned about the disastrous humanitarian situation and the critical
socioeconomic and security situation in the Gaza Strip, including that resulting from
the prolonged closures and severe economic and movement restrictions that in effect
amount to a blockade and deepen poverty and despair among the Palestinian civilian
population, and about the short- and long-term detrimental impacts of this situation
and the widespread destruction and continued impeding of the reconstruction process
by Israel, the occupying Power, on the human rights situation,
Recalling with grave concern the United Nations country team report of August
2012, entitled “Gaza in 2020: a liveable place?”,
Recalling the statement by the President of the Security Council of 28 July
2014, 15
Stressing the need for the full implementation by all parties of Secur ity Council
resolution 1860 (2009) of 8 January 2009 and General Assembly resolution ES-10/18
of 16 January 2009,
Stressing also that the situation in the Gaza Strip is unsustainable and that a
durable ceasefire agreement must lead to a fundamental improvement in the living
conditions of the Palestinian people in the Gaza Strip, including through the sustained
and regular opening of crossing points, and ensure the safety and well-being of
civilians on both sides, and regretting the lack of progress made in this regard,
Gravely concerned by reports regarding serious human rights violations and
grave breaches of international humanitarian law committed during the successive
military operations in the Gaza Strip, 16 and reiterating the necessity for serious
follow-up by all parties of the recommendations addressed to them towards ensuring
accountability and justice,
Stressing the need for protection of human rights defenders engaged in the
promotion of human rights issues in the Occupied Palestinian Territory, including
East Jerusalem, to allow them to carry out their work freely and without fear of attacks
and harassment,
__________________
15
S/PRST/2014/13; see Resolutions and Decisions of the Security Council, 1 August 2013 –31 July
2014 (S/INF/69).
16
See A/63/855-S/2009/250; S/2015/286, annex; A/HRC/12/48; and A/HRC/29/52.
4/9 23-00138
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
Expressing deep concern about the Israeli policy of closures and the imposition
of severe restrictions, including through hundreds of obstacles to movement,
checkpoints and a permit regime, all of which obstruct the freedom of movement of
persons and goods, including medical and humanitarian goods, and the follow-up and
access to donor-funded projects of development cooperation and humanitarian
assistance, throughout the Occupied Palestinian Territory, including East Jerusalem,
and impair the Territory’s contiguity, consequently violating the human rights of the
Palestinian people and negatively impacting their socioeconomic and humanitarian
situation, which remains dire in the Gaza Strip, and the efforts aimed at rehabilitating
and developing the Palestinian economy, and calling for the full lifting of restrictions,
Expressing grave concern that thousands of Palestinians, including many
children and women, as well as elected representatives, continue to be held in Israeli
prisons or detention centres under harsh conditions, including unhygienic conditions,
solitary confinement, the extensive use of administrative detention of excessive
duration without charge and denial of due process, lack of proper medical care and
widespread medical neglect, including for prisoners who are ill, with the risk of fatal
consequences, and denial of family visits, that impair their well-being, and expressing
grave concern also about the ill-treatment and harassment and all reports of torture of
any Palestinian prisoners,
Expressing deep concern about the hunger strikes by Palestinian prisoners in
protest of the harsh conditions of their imprisonment and detention by the occupying
Power, while taking note of agreements reached on conditions of detention in Israeli
prisons and calling for their full and immediate implementation,
Recalling the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) 17 and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), 18 and calling for respect for those Rules,
Recalling also the prohibition under international humanitarian law of the
deportation of civilians from occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for
the release of the bodies that have not yet been returned to their relatives, in line with
international humanitarian law and human rights law, in order to ensure dignified
closure in accordance with their religious beliefs and traditions,
Stressing the need for the prevention of all acts of violence, harassment,
provocation and incitement by extremist Israeli settlers and groups of armed settlers,
especially against Palestinian civilians, including children, and their properties,
including homes, agricultural lands and historic and religious sites, including in
Occupied East Jerusalem, and deploring the violation of the human rights of
Palestinians in this regard, including acts of violence leading to death and injury
among civilians,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population
and to help the parties to implement the agreements reached, in this reg ard recalling
the importance of the mandate and the positive contribution of the Temporary
International Presence in Hebron, and regretting the unilateral decision by the
Government of Israel not to renew its mandate,
__________________
17
Resolution 70/175, annex.
18
Resolution 65/229, annex.
23-00138 5/9
Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
A/RES/77/247 East Jerusalem
Stressing the need for an immediate and complete cessation of all acts of
violence, including military attacks, destruction and acts of terror,
Stressing also that the protection of civilians is a critical component in ensuring
peace and security, as well as the need for measures to be taken to guarantee the safety
and protection of the Palestinian civilian population throughout the Occupied
Palestinian Territory, consistent with the provisions and obligations of international
humanitarian law,
Stressing further the need to respect the right of peaceful assembly,
Taking note of the report of the Secretary-General on the protection of the
Palestinian civilian population 19 and the observations made therein on ways and
means for ensuring the safety, protection and well-being of the Palestinian civilian
population under Israeli occupation,
Noting the continued efforts and tangible progress made in the Palestinian
security sector, and noting also the continued cooperation that benefits both
Palestinians and Israelis, in particular by promoting security and building confidence,
Urging the parties to observe calm and restraint and to refrain from provocative
actions, incitement and inflammatory rhetoric, especially in areas of religious and
cultural sensitivity, including in East Jerusalem, and to take every possible step to
defuse tensions and promote conditions conducive to the credibility and success of
the peace negotiations,
Emphasizing the right of all people in the region to the enjoyment of human
rights as enshrined in the international human rights covenants,
1. Reiterates that all measures and actions taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation
of the relevant provisions of the Geneva Convention relative to the Protec tion of
Civilian Persons in Time of War, of 12 August 1949, and contrary to the relevant
resolutions of the Security Council, are illegal and have no validity, and demands that
Israel, the occupying Power, comply fully with the provisions of the Fourth Gen eva
Convention of 1949 and cease immediately all measures and actions taken in violation
and in breach of the Convention;
2. Demands that Israel, the occupying Power, cease all measures contrary to
international law, as well as discriminatory legislation, policies and actions in the
Occupied Palestinian Territory that violate the human rights of the Palestinian people,
including the killing and injury of civilians, the arbitrary detention and imprisonment
of civilians, the forced displacement of civilians, including attempts at forced
transfers of Bedouin communities, the transfer of its own population into the
Occupied Palestinian Territory, including East Jerusalem, the destruction and
confiscation of civilian property, including home demolitions, including if carried out
as collective punishment in violation of international humanitarian law, and any
obstruction of humanitarian assistance, and that it fully respect human rights law and
comply with its legal obligations in this regard, including in accorda nce with relevant
United Nations resolutions;
3. Calls for urgent measures to ensure the safety and protection of the
Palestinian civilian population in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with the relevant provisions of international humanitarian
law and as called for by the Security Council in its resolution 904 (1994) of 18 March
1994;
__________________
19
A/ES-10/794.
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Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
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Israeli practices affecting the human rights of the Palestinian
people in the Occupied Palestinian Territory, including
A/RES/77/247 East Jerusalem
movement into and from East Jerusalem, into and from the Gaza Strip, between the
West Bank and the Gaza Strip, and to and from the outside world;
13. Calls upon Israel, the occupying Power, to cease its imposition of
prolonged closures and economic and movement restrictions, including those
amounting to a blockade on the Gaza Strip, and in this regard to fully implement the
Agreement on Movement and Access and the Agreed Principles for the Rafah
Crossing, both of 15 November 2005, in order to allow for the sustained and regular
movement of persons and goods and for the acceleration of long overdue and massive
reconstruction needs and economic recovery in the Gaza Strip, while noting the
tripartite agreement facilitated by the United Nations in this regard;
14. Stresses the urgent need to address the continuing health crisis in the Gaza
Strip, including by ensuring the provision of adequate infrastructure, medical supplies
and equipment, alongside expertise, to deal with the increasing caseload of injuries
requiring complex treatment in the context of the protests in the Gaza Strip;
15. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
16. Urges all States and the specialized agencies and organizations of the
United Nations system to continue to support and assist the Palestinian people in the
early realization of their inalienable human rights, including their right to self -
determination, as a matter of urgency, in the light of the passage of more than 55 years
of the Israeli occupation and the continued denial and violation of the human rights
of the Palestinian people;
17. Emphasizes the need to preserve and develop the Palestinian instit utions
and infrastructure for the provision of vital public services to the Palestinian civilian
population and the promotion of human rights, including civil, political, economic,
social and cultural rights, and urges in this regard the implementation of the
agreement signed in Cairo on 12 October 2017, 20 which would be an important step
towards achieving Palestinian unity and lead to the effective functioning of the
Palestinian Government, including in the Gaza Strip, under the leadership of
President Mahmoud Abbas, consistent with the Palestine Liberation Organization
commitments and the Quartet principles;
18. Decides, in accordance with Article 96 of the Charter of the United
Nations, to request the International Court of Justice, pursuant to Article 6 5 of the
Statute of the Court, to render an advisory opinion on the following questions,
considering the rules and principles of international law, including the Charter of the
United Nations, international humanitarian law, international human rights law,
relevant resolutions of the Security Council, the General Assembly and the Human
Rights Council, and the advisory opinion of the Court of 9 July 2004:
(a) What are the legal consequences arising from the ongoing violation by
Israel of the right of the Palestinian people to self-determination, from its prolonged
occupation, settlement and annexation of the Palestinian territory occupied since
1967, including measures aimed at altering the demographic composition, character
and status of the Holy City of Jerusalem, and from its adoption of related
discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to in paragraph 18 (a)
above affect the legal status of the occupation, and what are the legal consequences
that arise for all States and the United Nations from this status?
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20
S/2017/899, annex.
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people in the Occupied Palestinian Territory, including
East Jerusalem A/RES/77/247
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