Geneva Convention Relative to The Protection of...
Geneva Convention Relative to The Protection of Civilian Persons in Time of War (the “Fourth Geneva Convention”)
December 08, 1949
Section III.Occupied Territories
Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
Art. 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.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
Art. 53. Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Art. 154. In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of 29 July 1899, or that of 18 October 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.
Regulations Annexed to the Hague Convention Respecting the Laws and Customs of War on Land of October 18, 1907
(The “Hague Regulations”)
Art. 46. Private property must not be confiscated.
Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, landed property, forests and agricultural undertakings belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of such properties, and administer them in accordance with the rules of usufruct.
UN Security Council Resolutions on Colonies
UNSCR 446 (1979) of 22 March 1979 [Adopted at 2134th meeting (12-0-3) (3 abstentions were Norway, U.K.,U.S.)]
“Determines that the policy and practices of Israel in establishing settlements in the Palestinian and other Arab territories occupied since 1967 have no legal validity and constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East; calls once more upon Israel, as the occupying Power, to abide scrupulously by the 1949 Fourth Geneva Convention, to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem, and in particular, not to transfer parts of its own civilian population into the occupied Arab territories. Establishes a Commission consisting of three members of the Security Council to examine the situation relating to settlements and requests the Commission to submit a report to the Security Council.”
UNSCR 452 (1979) of 20 July 1979 [Adopted at 2159th meeting (14-0-1) (1 abstention was U.S.)]
“Considering that the policy of Israel in establishing settlements in the occupied Arab territories has no legal validity and constitutes a violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, accepts the recommendations contained in the report of the Commission; calls upon the government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem; and requests the Commission, in view of the magnitude of the problem of settlements, to keep under close survey the implementation of the present resolution and to report back to the Security Council.”
UNSCR 465 (1980) of 1 March 1980[Adopted at 2203rd meeting - unanimously]
“Accepts the conclusions and recommendations contained in the report of the Commission of the Security Council (on settlements); determines that all measures taken by Israel to change the physical character, composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.
Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem. Calls upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories; and requests the Commission to continue examining the situation relating to settlements, to investigate the reported serious depletion of natural resources, particularly water, with a view to ensuring protection of those important natural resources of the territories under occupation.”
UNSCR 471 (1980) of 5 June 1980 [Adopted at 2226th meeting (14-0-1) (1 abstention was U.S.)]
“Expressing deep concern that the Jewish settlers in the occupied Arab territories are allowed to carry arms thus enabling them to perpetrate crimes against the civilian population, calls for the immediate apprehension and prosecution of the perpetrators of these crimes and condemns the assassination attempts on the lives of the Mayors of Nablus, Ramallah and Al-Bireh. Expresses deep concern that Israel, as occupying Power, has failed to provide adequate protection to the civilian population in the occupied territories in conformity with the provisions of the Fourth Geneva Convention; calls again upon the Government of Israel to respect and comply with the provisions of the Convention as well as with the resolutions of the Council, calls once again upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories; and reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem.”
UNSCR 904 (1994) of 18 March 1994 [Adopted at 3351st meeting – unanimously (Draft was voted on in parts, with the U.S. abstaining on two preambular paragraphs. No vote was taken on the text as a whole.)]
“Reaffirming its relevant resolutions, which affirmed the applicability of the Fourth Geneva Convention of 12 August 1949 to the territories occupied by Israel in June 1967, including Jerusalem, and the Israeli responsibilities thereunder, strongly condemns the massacre in Hebron committed against Palestinian worshippers in Al-Ibrahimi Mosque, on 25 February 1994, during the holy month of Ramadan, and its aftermath which took the lives of more than 50 Palestinian civilians and injured several hundred others. Calls upon Israel, the occupying Power, to continue to take and implement measures, including, inter alia, confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers; and calls for measures to be taken to guarantee the safety and protection of the Palestinian civilians throughout the occupied territory, including, inter alia, a temporary international or foreign presence, which was provided for in the Declaration of Principles, within the context of the ongoing peace process.
Requests the cosponsors of the peace process, the United States of America and the Russian Federation, to continue their efforts to invigorate the peace process, and to undertake the necessary support for the implementation of the above-mentioned measures; and reaffirms its support for the peace process currently underway, and calls for the implementation of the Declaration of Principles, signed by the Government of Israel and the Palestine Liberation Organization on 13 September 1993 in Washington, D.C., without delay.”
Selected UN Security Council Resolutions on Jerusalem
UNSCR 252 (21 May 1968) [USA and Canada abstained.]
The Security Council
“1. Deplores the failure of Israel to comply with the General Assembly Resolutions [concerning measures and actions by Israel purporting to affect the status of the city of Jerusalem]
2. Considers that all legislative and administrative measures and actions taken by Israel, including expropriation of land and properties thereon, which tend to change the legal status of Jerusalem are invalid and cannot change that status;
3. Urgently calls upon Israel to rescind all such measures already taken and to desist forthwith from taking any further actions which tends to change the status of Jerusalem.”
UNSCR 267 (3 July 1969)[Adopted unanimously]
The Security Council
“Recalling its resolution 252 of 21 May 1968 and the earlier General Assembly resolutions 2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1967 respectively concerning measures and actions by Israel affecting the status of the City of Jerusalem, . .
Noting that since the adoption of the above-mentioned resolutions Israel has taken further measures tending to change the status of the City of Jerusalem.
Reaffirms its resolution 252 (1968);
Deplores the failure of Israel to show any regard for the General Assembly and Security Council resolution mentioned above;
Censures in the strongest terms all measures taken to change the status of the City of Jerusalem;
Confirms that all legislative and administrative measures and actions by Israel which purport to alter the status of Jerusalem including expropriation of land and properties thereon are invalid and cannot change that status;
Urgently calls once more upon Israel to rescind forthwith all measures taken by it which may tend to change the status of the City of Jerusalem, and in future to refrain from all actions likely to have such an effect. . .”
UNSCR 298 (25 September 1971) [Syria abstained]
The Security Council, . . .
“2. Deplores the failure of Israel to respect the previous resolutions adopted by the United Nations concerning measures and actions by Israel purporting to affect the status of the city of Jerusalem;
3. Confirms in the clearest possible terms that all legislative and administrative actions taken by Israel to change the status of the city of Jerusalem including expropriation of land and properties, transfer of populations and legislation aimed at the incorporation of the occupied sections are totally invalid and cannot change that status”.
UNSCR 476 (30 June 1980)[USA abstained.]
The Security Council, . .
“1. Reaffirms the overriding necessity to end the prolonged occupation of Arab territories occupied by Israel since 1967, including Jerusalem; . . .”
UNSCR 478 (20 August 1980) [USA abstained.]
The Security Council, . .
“Deeply Concerned over the enactment of a “basic law” in the Israeli Knesset proclaiming a change in the character and status of the Holy City of Jerusalem, with its implications for peace and security.
Censures in the strongest terms the enactment by Israel of the “basic law” on Jerusalem and the refusal to comply with relevant Security Council resolutions;
Affirms that the enactment of the “basic law” by Israel constitutes a violation of international law and does not affect the continued application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian and other Arab territories occupied since 1967, including Jerusalem.
Decides not to recognize the “basic law” and such other actions by Israel that, as a result of this law, seek to alter the character of and status of Jerusalem and call upon:
All Member States to accept this decision;
Those States that have established diplomatic missions at Jerusalem to withdraw such Missions from the Holy City"