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44 United Nations General Assembly Resolutions 51-27 and 51-28- The situation in the Middle East- 4 December 1996

4 Dec 1996
 VOLUME 16: 1996-1997
 
  44. United Nations General Assembly Resolutions 51/27 and 51/28, The situation in the Middle East, 4 December 1996.

Resolution 51/27 dealt with Jerusalem. It stated that the annexation of East Jerusalem was illegal and has no validity. It also deplored the transfer to Jerusalem of some diplomatic missions. This resolution was adopted by 148 in favor, 1 against, 3 abstentions and 33 absent.

Resolution 51/28 dealt with the Golan Heights. It stated that Israels actions on the Golan Heights are illegal and in violation of international law and UN resolutions. It called for withdrawal to the 4 June 1967 lines and asserted that continued occupation presents a threat to peace and security in the region. It was adopted by 84 in favor, 2 against, 71 abstentions and 28 absents. In effect, the resolution failed to win the required two-thirds majority . Text of both resolutions follow:

 

51/27. Jerusalem

The General Assembly,

Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994 and 50/22 A of 4 December 1995, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States which had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City,

Having considered the report of the Secretary-General,

1. Determines that the decision of Israel 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;

2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution;

3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

4. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the implementation of the present resolution.

 

51/28. The Syrian Golan

The General Assembly,

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

Taking note of the report of the Secretary-General,

Recalling Security Council resolution 497 (1981) of 17 December 1981,

Reaffirming the fundamental principle of the inadmissibility of the acquisition of territory by force,

Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Syrian Golan,

Deeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation since 1967, contrary to the relevant Security Council and General Assembly resolutions,

Noting with satisfaction the convening at Madrid on 30 October 1991 of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the principle of land for peace,

Expressing deep concern about the stumbling of the peace process on the Syrian and Lebanese tracks, and hoping that talks for ensuring a just and comprehensive peace in the region will soon be resumed from the point that has been reached,

1. Declares that Israel has failed so far to comply with Security Council resolution 497 (1981);

2. Declares also that the Knesset decision of 11 November 1981 annexing the occupied Syrian Golan constitutes a grave violation of resolution 497 (1981) and therefore is null and void and has no validity whatsoever, and calls upon Israel to rescind it;

3. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague Convention of 1907, 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 1967, and calls upon the parties thereto to respect and ensure respect for their obligations under those instruments in all circumstances;

4. Determines once more that the continued occupation of the Syrian Golan and its de facto annexation constitute a stumbling block in the way of achieving a just, comprehensive and lasting peace in the region;

5. Calls for the resumption of the talks on the Syrian and Lebanese tracks and for the respect for the commitments and guarantees reached during the previous talks;

6. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line of 4 June 1967 in implementation of the relevant Security Council resolutions;

7. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the implementation of the present resolution.

 
 
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