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UNITED
NATIONS
E

E/CN.4/RES/1989/2 (A+B)
17 February 1989

COMMISSION ON HUMAN RIGHTS
Forty-fifth session

1989/2. Question of violations of human rights in occupied Palestine */

A

The Commission on Human Rights,

Guided by the purposes and principles of the Charter of the United Nations, as well as the provisions of the Universal Declaration of Human Rights,

Guided also by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,

Taking into consideration the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and The Hague Convention IV of 1907, as well as the principles of international law affirmed by the General Assembly in resolutions 3 (I) of 13 February 1946, 95 (I) of 11 December 1946, 260 A (III) of 9 December 1948 and 2391 (XXIII) of 26 November 1968,

Recalling that military aggression by the forces of any State against the territory of another State constitutes an offence against the peace and security of mankind,

Recalling also the relevant Security Council resolutions, including resolutions 605 (1987) of 22 December 1987, 607 (1988) of 5 January 1988 and 608 (1988) of 14 January 1988,

Recalling further General Assembly resolutions on Israeli violations of human rights in occupied Palestine,

Taking note of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (A/43/694),

Recalling all its previous resolutions on the subject,

1. Affirms that the Israeli occupation of Palestine constitutes a gross violation of human rights and an offence against the peace and security of mankind;

2. Affirms that the systematic and persistent policy practised by the Israeli occupation authorities and reflected in the killing of Palestinians, including children, the breaking of the bones of youths, causing them grievous and permanent bodily harm, the subjection of towns, villages and camps to living conditions intended to destroy them through the imposition of curfews and military siege, the throwing of gas bombs into houses, mosques and hospitals resulting in the death of many Palestinians by suffocation, and the savage beatings and maltreatment of pregnant women, causing them to abort, all constitute serious violations of the principles of international law, human rights and fundamental freedoms;

3. Affirms that Israeli violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, applicable to the Palestinian population and territories under Israeli occupation, including the physical and psychological torture of Palestinian detainees and their subjection to improper and inhuman treatment, the imposition of collective punishment on towns, villages and camps, and the administrative detention of thousands of Palestinians, for example in the "Ansar 3" concentration camp in the Negev, the deportation and expulsion of Palestinian citizens by force, the confiscation of their property, raiding and demolition of their houses, and the annexation of Jerusalem, all constitute war crimes under international law;

4. Condemns Israel:

(a) For its gross violation of international conventions, the principles of international law, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, through the systematic and persistent practices mentioned above, and calls upon Israel to desist forthwith from such practices and, pursuant to the principles of international law and the relevant United Nations resolutions, to withdraw from the Palestinian territories occupied by force;

(b) For its expropriation of Palestinian land and the establishment of Israeli settlements thereon;

(c) For annexing Jerusalem and altering its architectural character and its demographic and structural composition as well as the institutional status of the occupied Palestinian territories, and considers all such measures and the consequences thereof null and void;

(d) For its attacks against holy places, such as mosques and churches, and its attempt to occupy Al Aqsa Mosque and to destroy it, as well as for obstructing the freedom of worship and religious practices;

(e) For its attacks on universities, schools and institutes and the closure thereof in occupied Palestine, and its obstruction of the education of thousands of students and pupils in such institutions;

5. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations bodies, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations, to disseminate it on the widest possible scale, and to report on its implementation to the Commission on Human Rights at its forty-sixth session;

6. Further requests the Secretary-General to provide the Commission with all United Nations reports issued between sessions of the Commission that deal with the conditions in which the population of occupied Palestine are living;

7. Decides to consider this subject at its forty-sixth session as a matter of high priority.
27th meeting
17 February 1989
B.

The Commission on Human Rights,

Recalling Security Council resolutions 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 497 (1981) of 17 December 1981, 592 (1986) of 8 December 1986 and 605 (1987) of 22 December 1987, as well as all its previous resolutions on the application of the Geneva Conventions of 12 August 1949 to the Palestinian and other Arab territories occupied by Israel and the refusal of Israel to abide by those Conventions,

Recalling all relevant General Assembly resolutions,

Recalling the decisions of the International Conference of the Red Cross in respect of the application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,

Recalling its previous resolutions on this question,

Taking into account that States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War undertake, in accordance with article 1 thereof, not only to respect but also to ensure respect for the Convention in all circumstances,

1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949. is applicable to all;

2. Strongly condemns once again Israel's refusal to apply that Convention to Palestine and Arab territories occupied since 1967 and their inhabitants;

3. Once more strongly condemns Israel for its policies of ill-treatment and torture of Palestinian detainees and prisoners in Israeli prisons and concentration camps and its disregard for the principles of international law, the Charter of the United Nations and the provisions of the Geneva Conventions of 1949;

4. Once more urges Israel to grant prisoner-of-war status, in accordance with the Geneva Convention relative to the Treatment of Prisoners of War, to all Palestinian fighters captured by Israel, and to treat them accordingly;

5. Urges once more all States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War to make every effort to ensure respect for and compliance with the provisions of that Convention in all the Palestinian and Arab territories occupied by Israel since 1967, including Jerusalem;

6. Strongly condemns Israel for the violations of article 49 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War which it has perpetrated by pursuing a policy of deportation and expulsion of Palestinian citizens, and calls upon Israel to comply with the resolutions of the Security Council, the General Assembly and the Commission on Human Rights which demand their return to their homeland and to desist forthwith from this policy;

7. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, the regional intergovernmental organizations, the international humanitarian organizations and non-governmental organizations, and to submit a report on progress in its implementation to the Commission on Human Rights at its forty-sixth session;

8. Decides to consider this subject at its forty-sixth session as a matter of high priority.
27th meeting
17 February 1989

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*The final edited text of this resolution will be published in the Report of the Commission on Human Rights (E/1989/20-E/CN.4/1989/86).


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