The Situation in the Middle East

A/RES/38/180No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 34The situation in the Middle East, published in 1984.

What else is in this group?

67 documents · 1967–1996

Newer documents in this group exist (latest: 1996).

1996A/RES/50/22CThe situation in the Middle EastCompare with earlier document
1995A/RES/50/22[B]The situation in the Middle East resolutionsCompare with earlier document
1995A/RES/50/22[A]The situation in the Middle East resolutionsCompare with earlier document
1995A/RES/50/22The situation in the Middle East resolutionsCompare with earlier document
1995A/RES/49/87[B]The situation in the Middle EastCompare with earlier document

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What subjects does this mandate have?

14 topics

Cultural Property Restitution Foreign Relations Golan Heights Human Rights Violations Israel Jerusalem Middle East Situation Military Relations Palestine Question Palestinians Sanctions South Africa Territories Occupied by Israel United States

What does this mandate say?

51 operative paragraphs

Requcsts the Secretary-Gencral to report to thc General Assembly at its thirty-ninth session on developments relating to the Convention and on the implementation of the present resolution:

Decides to include in thc provisional agenda of its thirty-ninth session an itcm entitlcd '"Law of thc Sea".

96th plcnan· meeting 14 f)ccc111hcr 1983

B The General Asscmhlr Pavs trihutc to His Excellencv Mr. Bernardo Zuleta. Special Representative ofthe Secré'tary-General for the Law of the Sea, recently deceased, whose services lo the Third United Nations Conference on the Law of the Sea were decisive for the elaboration of thc l!nited Nations Convention on the Law of the Sea and for the progressive development of international law and international cooperation.

96th ¡1lrnan· 111cc1111g 14 f)ffc111hcr /983

Reatfirming its resolution 32/50 of 8 December 1977,

Recal/ing its other resolutions regarding thc United Nations Confcrence for the Promotion of International Co-operation in the Peaceful Uses of Nuclear Energy,

Noting the work carried out so far by the Preparatory Committee for the United Nations Confcrence for the Promotion of lnternational Co-operation in the Peaceful U ses of Nuclear Energy, 110 l. Decides that the United Nations Confcrence for the Promotion of International Co-operation in the Peaceful Uses of Nuclear Energy shall be held in 1986:

Requests the Chairman of the Preparatory Committee for the United Nations Conference for the Promotion of International Co-operation in the Peaceful U ses of Nuclear Energy and the Secretary-General of thc Confcrencc to undertake immediately appropriate consultations with Member States which could facilitate the resolution of pending issues relating to the Conference, including its provisional agenda and rules of procedure. as well as to the venue and the actual dates ofthe Conference, and to report thereon to the Preparatory Committee at its fifth session, and decides that the expenses incurred in this regard will be covered from existing budgetary resources:

Notes with apprcciation that the Conference secretariat is proceeding with the preparations for the Confcrence and requests the Secretary-General of the Conference to continue those preparations;

A/so decides that the Preparatory Committee will hold its fifth session at Vienna in June 1984. for a period of up to two weeks. in order to complete its work on an agreed agenda as well as on other outstanding issues related to the Confcrence:

Requcsts the Preparatory Committee to submit a report to the General Assembly at its thirty-ninth scssion so that the Assembly may consider. in the light of this report. thc venue and actual dates for the Conference in 1986. as also for further meetings of the Committee:

[ ·rgcs the International Atomic Energy Agency. as well as the specialized agencies and other relevant organi- 1ations of the U nited Nations system, to continue to contribute effectively to the preparations for the Confcrence so as to achieve meaningful results from the Confcrence. in accordance with the objecti ves of General Assembly resolution 32 150:

[ rgcs ali Statcs to co-operate actively in the preparation of the Confcrencc:

Dende.1· to include in the provisional agenda of its thirty-ninth session the item entitled "United Nations Conference for the Promotion of International Cooperation in the Peaceful l lses or Nuclear Energy".

96th plenan· 111ect111g 14 De<"e111hcr 1983

381180

The situation in the Middle East

A Thc

llal'lng d1srnsscd the item rntitled "The situation in the Middle East".

Faking note of the rcport of the Secretary-General of 30 Scptcmher 1983. 111 Rcrnl/ing Security Council resolution 497 ( 1981) of 17 December 1981,

Rcaf/irming its resolutions 36/226 B of 17 December 1981. ES-9•1 of 5 February 1982 and 371123 A of 16 Decembcr 1982.

Rccalling its resolution 3314 (XXIX) of 14 December 1974. in which it defined an act of aggression. inter alia. as "the invasion or attack by the armed forces of a State of thc territory of another State. or any military occupation. however temporary. resulting from such invasion or attack. or any annexation by the use of force of the territory of another Sta te or part thereof •• and provided that "no consideration of ""hatever nature. whether politicaL economic, military or otherwise. may serve as a justification for aggression".

RcatfinninR the fundamental principie of the inadmissibility of the acquisition of territory by force.

Rcafjirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War. of 12 August 1949. 112 to the occupied Palestinian and other ,\rab territories. including Jerusalem.

Noting that lsrael's record. policies and actions establish conclusively that it is not a peace-loving Member State and that it has not .carried out its obligations under the Charter of the United Nations.

Noting fúrthcr that Israel has refused. in violation of Article 25 of the Charter. to accept and carry out the numerous relevant decisions of the Security CounciL in

so particular resolution 497 ( 1981 ). thus failing to carry out its obligations under the Charter.

Strong/y condemns Israel for its failure to comply with Security Council resolution 497 ( 1981) and General Assembly resolutions 36/226 B. ES-9/1 and 37/123 A:

Declares once more that lsrael's continued occupation of the Golan Heights and its decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights constitute an act of aggression under the provisions of Article 39 of thc Chartcr of the United Nations and General Assembly rcsolution 3314 (XXIX);

Declares once more that lsrael's decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights is illegal and thereforc null and void and has no validity whatsoever;

Declares ali Israelí policies and practices of, or aimed at, annexation ofthe occupied Palcstinian and other Arab territories, including Jerusalem. to be illegal and in violation of international law and of thc relevant Unitcd Nations resolutions:

Determines once more that ali actions taken by Israel to give effect to its decision relating to the occupicd Syrian Golan Heights are illegal and invalid and shall not be recognized;

Reaffirms its determina/ion that ali relevant provisions ofthe Regulations annexed to the Haguc Convcntion IV of 1907, 113 and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, continue to apply to the Syrian territory occupied by Israel since 196 7. and calls u pon the parties thereto to respect and ensure respect of their obligations under these instruments in ali circumstances:

Determines once more that the continued occupation of the Syrian Golan Heights since 196 7 and their annexation by Israel on 14 December 1981. following lsrael's decision to impose its laws, jurisdiction and administration on that territory, constitute a continuing threat to international peace and security;

Strong/y deplores the negative vote by a permanent member of the Security Council which prevented the Council from adopting against Israel, under Chapter Vil of the Charter, the "appropriate measures" referred to in resolution 497 (1981) unanimously adopted by the Council:

Further deplores any political, economic, fmancial. military and technological support to Israel that encourages Israel to commit acts of aggression and to consolida te and perpetuate its occupation and annexation of occupied Arab territories;

1 O.

Firm/y emphasizes once more its demand that Israel, the occupying Power, rescind forthwith its illegal decision of 14 December 1981 to impose its laws. jurisdiction and administration on the Syrian Golan Heights. which resulted in the effective annexation of that territory:

Reaffirms once more the overriding necessity ofthe total and unconditional withdrawal by Israel from ali thc Palestinian and other Arab territories occupied sin ce 196 7. including Jerusalem, which is an essential prerequisite for the establishment of a comprehensive and just peace in the Middle East:

Determines once more that lsrael's record, policies and actions confirm that it is not a peace-loving Membcr State, that it has persistently violated the principies contained in the Charter and that it has carricd out neither its 113 Carnegie Endowment far lnternational Peace, The Hague Conventwn.1 and Dec/arations of 1899 and 1907 (New York. Oxford University Press.

11 Resoloution 217 A (III). obligations undcr the Chartcr nor its commitment under General Assembl) resolution 273 (111) of 11 May 1949:

( ·alis on(c 111orl' 1111011 ali Mcmher States to apply the following measures:

To rcfrain from supplying Israel with any weapons and related equipment and to suspend any military assistance that Israel rcceivcs from them:

To refrain from acquiring any weapons or military cquipment from Israel:

To suspend economic. tinancial and technological assistance to and co-operation with Israel:

(e/)

To scvcr diplomatic. trade and cultural relations with Israel:

Reltcratl's 1/s ¡al/ to ali Membcr States to cease forthwith. individuall) and collcctively. ali dcalings with Israel in ordcr totally to isolatc it in ali l!clds:

Urges non-mcmbcr States to act in accordance with the provisions of thc prcsent resolution:

Ca/Is upon the specialized agencies and other international institutions to conform their rclations with Israel to thc terms of thc prescnt rcsolution:

Requests thc Secretary-General to report to the General Asscmhh at its thirty-ninth scssion on the implemcntation of thc prescnt rcsolut1on.

W211d plc11ar1· 111eeting / 9 f)ffc1111>1·r 1983

B Thc

Recalling the relevan! provisions of the Universal Declaration of Human Rights. 114 Recal/ing a/so thc Constitution of the lJ nited Nations Educational, Scicntific and Cultural Organization 115 and ali other relevan! international instruments concerning thc right to cultural 1dentity in ali its forms.

llaving learned that the lsraeli army. during its occupation of Beirut. scized and took away archives and documents of every kind concerning Palestinian history and culture. including cultural articles belonging to Palestinian institutions-in particular the Palestine Research Centrearchives. documcnts, manuscripts and materials such as füm documents. literary works by major authors, paintings, ohjets d'art and works of folklore, research works and so forth. serving as a foundation for the history, culture, national awareness. unity and solidarity of the Palcstinian people.

Condemm thosc acts of plundering of the Palestinian cultural heritage:

Ca/Is upon the Government of Israel to make full restitution. through the Unitcd Nations Educational, Scientific and Cultural Organization. of ali cultural property belonging to Palestinian institutions. including the archives and documents removed from the Palestine Research Centre and arbitrarily seized by the Israelí forces:

Requests thc Secrctary-General to report to the General Assembly at its thirty-ninth scssion on thc implementation of the present rcsolution.

102nd plcnari· meeting

19 Dcccmhcr 1983

Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;

Deplores the transfer by sorne States of their diplomatic missions to Jerusalem in violation ofSecurity Council resolution 4 78 ( 1980);

Calls once again upan those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

Requests the Secretary-General to report to the General Assembly at its thirty-ninth session on the implementation of the present resolution.

102nd p/enary meeting

19 December 1983

D

Reatfirms its conl'iction that the question of Palestine is the •• core of the conflict in the Middle East and that no comprehensive. just and lasting peace in the region will be achieved without the full exercise by the Palestinian people of its inalienable national rights and the immediate, unconditional and total withdrawal of Israel from ali the Palestinian and other occupied Arab territories;

Rea,_tfirms further that a just and comprehensive settlement of the situation in the Middle East cannot be achieved without the participation on an equal footing of ali the parties to the conflict. including the Palestine Liberation Organization. the representative of the Palestinian people:

Declares once more that peace in the Middle East is indivisible and must be based on a comprehensive, just and lasting solution ofthe Middle East problem, under the auspices ofthe United Nations and on the basis ofrelevant resolutions ofthe United Nations, which ensures the complete and unconditional withdrawal of Israel from the Palestinian and other Arab terri tories occupied since 196 7, including Jerusalem, and which enables the Palestinian people, under the leadership of the Palestine Liberation Organization. to exercise its inalienable rights, including the right to return and the right to self-determination, national independence and the establishment of its independent sovereign State in Palestine, in accordance with the resolutions of the United Nations relevant to the question of Palestine, in particular General Assembly resolutions ES-7 /2 of 29 J uly 1980. 36/ l 20 A to F of 1 O December 1981, 37/86 A to D of 10 December 1982 and 37/86 E of 20 December 1982;

Welcomes the Arab Peace Plan adopted unanimously at the Twelfth Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to 9 September 1982; 117 5.

Condemns Israel's continued occupation of the Palestinian and other Arab territories. including Jerusalem, in

violation of the Charter of the U nited Nations, the principies ofinternational law and the relevant resolutions ofthe United Nations, and demands the immediate, unconditional and total withdrawal of Israel from ali the territories occupied since June 1967;

Rejects ali agreements and arrangements which violate the recognized rights of the Palestinian people and contradict the principies of just and comprehensive solutions to the Middle East problem to ensure the establishment of a just peace in the area;

Deplores Israel's failure to comply with Security Council resolutions 476 (1980) of 30 June 1980 and 478 ( 1980) of 20 August 1980 and General Assembly resolutions 35/207 of 16 December 1980 and 36/226 A and B of 17 December 1981, determines that Israel's decision to annex Jerusalem and to declare it its "capital" as well as the measures to alter its physical character, demographic composition, institutional structure and status are null and void and demands that they be rescinded immediately, and calls upon ali Member States, the specialized agencies and ali other international organizations to abide by the present resolution and ali other relevant resolutions. including Assembly resolutions 37/86 A to E;

Condemns Israel's aggression, policies and practices against the Palestinian people in the occupied Palestinian territories and outside these territories, particularly Palestinians in Lebanon, including the expropriation and annexation of territory, the establishment of settlements, assassination attempts and other terrorist, aggressive and repressive measures, which are in violation of the Charter and the principies of international law and the relevant international conventions;

Strongly condemns the imposition by Israel of its laws, jurisdiction and administration on the occupied Syrian Golan Heights, its annexationist policies and practices, the establishment of settlements, the confiscation of lands, the diversion of water resources and the imposition of Israeli citizenship on Syrian nationals, and declares that ali these measures are null and void and constitute a violation of the rules and principies of intemational law relating to belligerent occupation, in particular the Geneva Convention relative to the Protection ofCivilian Persons in Time of War, of 12 August 1949;

1 O.

Considers that the agreements on strategic cooperation between the United States of America and Israel signed on 30 November 1981, together with the recent accords concluded in this context, would encourage Israel to pursue its aggressive and expansionist policies and practices in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, would have adverse effects on efforts for the establishment of a comprehensive, just and lasting peace in the Middle East and would threaten the security of the region;

Calls upan all States to put an end to the flow to Israel of any military, economic and financia! aid, as well as of human resources, aimed at encouraging it to pursue its aggressive policies against the Arab countries and the Palestinian people;

Strongly condemns the continuing and increasing collaboration between Israel and the racist régime ofSouth Africa, especially in the economic, military and nuclear fields, which constitutes a hostile act against the African and Arab States and enables Israel to enhance its nuclear capabilities, thus subjecting the States of the region to nuclear blackmail;

118 Report of the lnternational Conference on the Question of Palestine. Geneva, 29 August-7 September 1983 (United Nations publication, Sales No. E.83.1.21 ), chap. I,,sect. A.

Reaffirms the call for the convening of an international peace conference on the Middle East-as specified in paragraph 5 ofthe Geneva Declaration on Palestine, 118

adopted on 7 September 1983 by the lntemational Conference on the Question of Palestine-under the auspices of the United Nations and on the basis of relevant resolutions of the United Nations;

Requests the Secretary-General to report to the Security Council periodically on the development of the situation and to submit to the General Assembly at its thirty-ninth session a comprehensive report covering the developments in the Middle East in ali their aspects.

102nd p/enary meeting J 9 December l 983

E The General A.ssembly,

Having considered the item entitled "The situation in the Middle East",

Recalling its resolutions 36/226 A of 17 December 1981 and 37/123 F of 20 December 1982, in which it stated, ínter alia, its concern over certain factors which exacerbate the situation in the Middle East,

Deeply concerned at recent developments in the Middle East and the critical situation confronting the region resulting from the continued escalation of lsrael's policy of aggression, expansion and annexation in the region,

Expressing grave concern over the continued supply of modem arms and war materials to Israel, augmented by substantial economic aid, without which Israel's policy of aggression and of flouting United Nations resolutions could not be maintained,

Deeply aware that the recent reponed agreements following the memorandum of understanding between the United States of America and Israel will increase Israel's intransigence and its war potential and escalate its expansionist and annexationist policies in the Palestinian and other Ara b terri tories occupied sin ce 196 7, including Jerusalem, ata time when it is defying United Nations resolutions,

Declares, accordingly, the international responsibility of any party or parties that supply Israel with arms or economic aid that augment its war potential;

Expresses deep concern at and condemns all steps which may result in augmenting the capability of Israel and contributing to its policy of aggression against countries in the region;

Demands that all States, particularly the United States of America, in the light of the said agreements, refrain from taking any step that would support Israel's war capabilities and consequently its aggressive acts, whether in the Palestinian and other Arab territories occupied since 196 7 or against countries in the region;

Calls upan ali States to review, in the light of the present resolution, any agreement, whether military, economic or otherwise, concluded with Israel.

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