Chapter VI Middle East

In 2007, the most striking developments in the Mid- UN mandates in support of Lebanese sovereignty, dle East occurred in the Occupied Palestinian Terri- territorial integrity and political independence. The tory and Lebanon. Particularly significant were the country remained in the grip of an intense political establishment of the short-lived Palestinian National crisis, which impeded the normal functioning of the Unity Government and the takeover of the Gaza Strip legitimate constitutional institutions. At the centre of by Hamas, a Palestinian Islamic socio-political organ- the crisis was the election of a new President, a posi- ization and paramilitary force, in mid-June, following tion that remained vacant following the expiration several months of armed clashes between Hamas and of President Emile Lahoud’s extended term in office Fatah, a Palestinian political party and the largest fac- on 23 November. The prolonged political deadlock tion of the Palestine Liberation Organization (plo). generated violent confrontations between the oppos- Factional violence reached a climax in the period from ing parties, while targeted assassinations escalated 11 to 17 June, claiming the lives of 188 Palestinians. tensions throughout the country. On 13 June, a car From 16 June, Israel closed the borders of Gaza, with bomb killed Walid Eido, a former judge and Member an exception made for imports of essential humani- of Parliament. On 19 September, Antoine Ghanem, tarian supplies. On 17 June, the President of the Pal- also a Member of Parliament, was assassinated, and, estinian Authority (pa), Mahmoud Abbas, dissolved on 12 December, an explosion killed Army General the National Unity Government. The latter half of the François el-Hajj. Despite the political crisis and in- year saw political divisions and further armed clashes stability, the Government made progress towards ex- between Hamas and Fatah. Hamas consolidated its tending its authority over all of the Lebanese territory; control in the Gaza Strip, establishing a security and disarming and disbanding militias; and asserting its administrative apparatus. In September, President sovereignty and territorial integrity, most notably by Abbas issued a presidential decision barring political defeating in battle Fatah al-Islam, after 15 weeks of groups from participating in future elections unless fighting in a refugee camp near the city of Tripoli. they recognized all international agreements of the The Secretary-General travelled to Lebanon in March plo. The Israeli security cabinet declared Gaza a hos- and November, and visited the Syrian Arab Republic tile entity and approved the disruption of utility and in April. fuel supplies. The United Nations International Independent In the latter half of the year, Israel, the interna- Investigation Commission (uniiic) continued to in- tional community and the pa began a dialogue that vestigate the 14 February 2005 assassination of former led to the resumption of peace talks and a conference, Lebanese Prime Minister Rafik Hariri and 22 oth- convened by the United States and attended by the ers. The Security Council inviteduniiic to extend its Secretary-General, in Annapolis, Maryland, United technical assistance to the Lebanese authorities in the States, on 27 November. Israeli Prime Minister Ehud investigations of the assassinations of Mr. Eido, Mr. Olmert and Palestinian President Abbas reached a Joint Ghanem and Mr. el-Hajj. Understanding, pledging to re-launch the peace pro- On 6 February, the Special Tribunal for Lebanon, cess through bilateral negotiation and supporting a an international criminal tribunal for the prosecution two-State solution. of criminal acts relating to the assassination of Mr. The Middle East Quartet (European Union, Rus- Hariri, was established by an agreement between the sian Federation, United Nations, United States) con- United Nations and Lebanon. The Security Council, tinued to promote the road map initiative endorsed by acting under Chapter VII of the Charter of the United the Security Council in 2003. The road map aimed Nations, endorsed the agreement on 30 May. The pro- to achieve progress through parallel and reciprocal visions of the agreement and the Tribunal’s Statute en- steps by Israel and the pa in the political, security, tered into force on 10 June. Subsequently, the Secretary- economic, humanitarian and institution-building General appointed Daniel Bellemare (Canada) as the areas, under an international monitoring system. In Tribunal’s Prosecutor and established a selection panel June, Tony Blair, former Prime Minister of the United for the appointment of judges. On 21 December, an Kingdom, was appointed as Quartet Representative. agreement was signed between the United Nations and In Lebanon, political divisions deepened in 2007, the Netherlands concerning the Tribunal’s headquar- rendering more difficult the fulfilment of various ters, which was to be located at The Hague.

434 Middle East 435

The United Nations Interim Force in Lebanon uni( - mobilize international assistance to the Palestinians, fil) continued to cooperate closely with the Lebanese working closely with donors and coordination bod- Armed Forces with a view to consolidating the new ies; help identify and secure the international support strategic military and security environment in southern needed to address the institutional governance needs Lebanon. Unifil created a stable operational area as a of the Palestinian State, focusing as a matter of ur- basis for international efforts to revitalize the political gency on the rule of law; develop plans to promote process leading to a permanent ceasefire. On 24 June, Palestinian economic development, including private a bomb attack killed six unifil peacekeepers serving sector partnerships, by building on previously agreed with the Spanish contingent. The unifil mandate was frameworks, especially concerning access and freedom extended for a one-year period until 31 August 2008. of movement; and liaise with other countries in sup- In May, the Secretary-General, in an agreement port of the agreed Quartet objectives. It was envisaged with the Lebanese Government, established the that, as from 1 September, Mr. Blair would spend sig- United Nations Independent Border Assessment nificant time in the region, working with the parties Team. The Team visited Lebanon from 27 May to 15 and with others to help create viable, lasting govern- June to assess the monitoring of the Lebanese-Syrian ment institutions representing all Palestinians. Mr. border and reported back to the Security Council on Blair’s office would be located in Jerusalem. its findings and recommendations. On 24 August [S/2007/508], the Council took note The mandate of the United Nations Disengage- of the arrangements proposed in the Secretary- ment Observer Force (undof) in the Golan Heights General’s letter. was extended twice. The United Nations Truce Su- Appointment of Special Coordinator. On pervision Organization continued to assist unifil and 15 May [S/2007/292], the Secretary-General informed undof in their tasks. the Council President of his intention to appoint The United Nations Relief and Works Agency for Pal- Michael C. Williams (United Kingdom) as the United estine Refugees in the Near East continued to provide Nations Special Coordinator for the Middle East Peace education, health and social services to over 4 million Pal- Process and as his Personal Representative to the Pal- estinian refugees living in and outside camps in the estine Liberation Organization (plo) and the Palestin- West Bank and the Gaza Strip, as well as in Jordan. ian Authority (pa), succeeding Alvaro de Soto (Peru). During the year, the Special Committee to Inves- On 18 May [S/2007/293], the Council took note of the tigate Israeli Practices Affecting the Human Rights of Secretary-General’s intention. the Palestinian People and Other Arabs in the Occu- On 28 November [S/2007/690], the Secretary-Gen- pied Territories reported to the General Assembly on eral informed the Council President of his intention to the situation in the West Bank, including East Jeru- replace Mr. Williams with Robert H. Serry (Nether- salem, and in the Gaza Strip and the Golan Heights. lands). On 30 November [S/2007/691], the Council took The Committee on the Exercise on the Inalienable note of the Secretary-General’s intention. Rights of the Palestinian People continued to mobi- lize international support for the Palestinians. Occupied Palestinian Territory

Israel and Palestine brought to the attention of the Peace process Secretary-General and the Security Council Presi- dent information on attacks committed by either side Quartet activities. The Middle East Quartet (Eu- throughout the year [A/ES-10/376-S/2007/5, A/61/705- ropean Union, Russian Federation, United Nations, S/2007/23, A/ES-10/377-S/2007/37, A/ES-10/378-S/2007/58, United States) continued to monitor the political and A/61/729-S/2007/60, A/ES-10/379-S/2007/75, A/61/755- economic situation in the Middle East throughout the S/2007/101, A/ES-10/381-S/2007/109, A/ES-10/382- year. Its representatives met on 2 February [SG/2122], S/2007/119, A/61/787-S/2007/129, A/61/814-S/2007/157, A/ 9 February [SG/2123], 21 February [SG/2124], 21 March ES-10/383-S/2007/192, A/61/864-S/2007/217, A/ES-10/384- [SG/2125], 30 May [SG/2128], 27 June [SG/2129], 19 S/2007/225, S/2007/252, A/61/904-S/2007/270, A/61/910- July [SG/2130], 23 September [SG/2132], 27 November S/2007/285, A/61/915-S/2007/291, A/ES-10/385-S/2007/298, [SG/2133] and 17 December [SG/2134]. A/ES-10/386-S/2007/308, A/61/930-S/2007/316, A/61/932- On 22 August [S/2007/507], the Secretary-General S/2007/318, A/ES-10/387-S/2007/322, A/61/953-S/2007/348, informed the Council President that on 27 June the A/ES-10/388-S/2007/373, A/ES-10/390-S/2007/387, A/ Quartet had appointed Tony Blair, former Prime ES-10/391-S/2007/397, A/ES-10/392-S/2007/405, A/ Minister of the United Kingdom, as Quartet Repre- ES-10 /393-S/2007/411, A/ES-10/394-S/2007/459, A/ sentative to help the Palestinians build the institutions ES-10 /395-S/2007/475, A/ES-10/396-S/2007/495, A/ and economy of a viable State. His mandate was to ES-10/397-S/2007/504, A/ES-10/398-S/2007/512, 436 Political and security questions

A/61/1038-S/2007/524, A/ES-10/399-S/2007/536, A/ the Israeli Government to the pa. The UN Office for ES-10/400-S/2007/554, A/ES-10/401-S/2007/574, A/ the Coordination of Humanitarian Affairs reported ES-10 /402-S/2007/599, A/ES-10/403-S/2007/628, A/ a modest easing in the operation of a few West Bank ES-10 /404-S/2007/634, A/ES-10/405-S/2007/707, A/ checkpoints, but the anticipated removal of the road- ES-10/406-S/2007/728, A/62/585-S/2007/733, A/62/588- blocks had yet to materialize. The Israeli Government S/2007/741, A/ES-10/407-S/2007/750, A/ES-10/408- approved the repopulation of a settlement deep in the S/2007/766, A/62/626-S/2007/767]. Jordan Valley by 30 families evacuated from Gaza in Communications. On 23 January 2005; such a relocation was in violation of the road [A/61/711- map. The decision was put on hold after international S/2007/35], the Coordinating Bureau of the Non- Aligned Movement (nam) reiterated support for the protests, but settlement activity continued. According establishment of an independent and sovereign Pal- to official Israeli figures, the number of West Bank estinian State based on the 1967 borders, with East settlers, excluding those in East Jerusalem, had in- Jerusalem as its capital. creased by nearly 6 per cent since 2005. Moreover, the Government’s pledges to remove outposts remained On 25 January [S/2007/49], the Chair of the Coordi- unfulfilled, and the construction of the barrier in the nating Bureau of nam submitted to the Council Presi- Occupied Palestinian Territory continued. dent a letter which contained nam’s position on the Middle East, stressing that the only feasible approach The evolving Israeli-Palestinian dialogue was com- was one that led to a political and diplomatic solution. plicated by internal politics, both in the occupied Nam considered it important to begin preparations to Palestinian territories and in Israel. In the occupied convene an international conference on the Middle Palestinian territories, the situation alternated between East in order to deliberate on a just and long-lasting worsening civil conflict and renewed efforts to forge general plan for the region. The conference should be re- national unity. Factional tension rose to acute levels garded as part of the revitalization of the peace process. in mid-December 2006 and again in early January. In total, 43 people had been killed in Palestinian-on- Security Council consideration (January). The Palestinian internal conflict since early December Security Council met on 25 January [meeting 5624] to 2006, nearly double the number killed by Israeli mili- discuss the situation in the Middle East, including the tary operations. Internal violence was accompanied by Palestinian question. heightened negative political rhetoric and threats and The Under-Secretary-General for Political Affairs, the strengthening of factional forces. President Abbas Ibrahim Gambari, said that the ceasefire agreed to announced that the Hamas-affiliated Executive Force, at the end of November 2006 [YUN 2006, p. 524] re- under the Ministry of the Interior, was illegal unless mained in place, although, according to Israeli offi- immediately integrated into existing security services. cials, militants had fired more than 100 rockets into Nevertheless, each time factional fighting threatened southern Israel since November 2006. In the face of to spin out of control, President Abbas and Prime Min- those attacks, the Israeli Government showed con- ister Ismail Haniyeh, a senior political leader of Ha- siderable restraint. Despite its flaws, the ceasefire had mas, managed to reach understandings to de‑escalate significantly reduced violence. The ceasefire had not, the tensions. Efforts to form a Palestinian national however, been extended to the West Bank. Indeed, op- unity Government had resumed, involving dialogue erations to arrest or kill wanted Palestinians continued in Gaza as well as in Damascus, Syrian Arab Republic. on a regular basis in West Bank population centres, It appeared that the main issues of disagreement were as evidenced by the Israel Defence Forces (idf) raid over control of the Ministry of the Interior and the on Ramallah on 4 January, in which 5 Palestinians strength of the language concerning the commitment were killed and 35 were injured. During the reporting to Arab and international resolutions. President Abbas period, 28 Palestinians were killed and over 130 were met Syrian President Bashar Al-Assad in Damascus injured in Israeli military operations, while 10 Israelis and subsequently met exiled Hamas leader Khaled were injured by Palestinian militants. Efforts led by Mashal. A joint statement was issued after the meet- Egypt to secure the release of Israeli Corporal Gilad ing with Mr. Mashal, stating that progress had been Shalit, captured in the summer of 2006 [ibid., p. 510], made towards the formation of a national unity Gov- and of Palestinian prisoners in Israel, continued but ernment and calling for an end to internal fighting. had not yet yielded results. The statement also rejected the concept of an interim Implementation of the understandings reached Palestinian State with provisional borders. on 23 December 2006 between the President of the In Israel, a number of political scandals and other Palestinian Authority (pa), Mahmoud Abbas, and the developments had underscored the difficulties that Prime Minister of Israel, Ehud Olmert [ibid., p. 526] the coalition Government was facing in forging and were proceeding slowly. As agreed, 100 million of the implementing a clear agenda. The idf Chief of Staff more than half a billion dollars of Palestinian clearance resigned, and an official inquiry into the conduct of revenues withheld by Israel had been transferred by the 2006 war with Hizbullah continued. Middle East 437

On the positive side, regional and international Communications. In two separate letters of leaders intensified their engagement in the Israeli- 9 February, the Organization of the Islamic Confer- Palestinian arena. Consultations took place among a ence (oic) Group [A/61/736-S/2007/76] and Kuwait, in number of countries in the region, including a meet- its capacity as Chairman of the Arab Group [A/61/738- ing between Egyptian President Hosni Mubarak and S/2007/80], condemned, among other things, Israel’s Prime Minister Olmert on 4 January. The United excavation and demolition works beneath the Al-Aqsa States Secretary of State, Condoleezza Rice, visited Mosque Compound and stressed that Israel had esca- the region and announced that she would soon bring lated its aggression against Jerusalem. On 12 Febru- Prime Minister Olmert and President Abbas together ary [A/ES-10/380-S/2007/103], Egypt also condemned to discuss the political situation in the region. In ad- Israel’s action. dition, the Syrian Government had publicly called Quartet meeting (9 February). In a statement is- for a resumption of negotiations with Israel. sued on 9 February [SG/2123] following a telephone International aid to the Palestinians increased, discussion on the situation in the Middle East, the though that aid was mostly bypassing the Palestinian Quartet welcomed the role of the Kingdom of Saudi Government, due to the reassessment of donor pro- Arabia in reaching an agreement to form a Palestinian grammes and the cessation of financial transfers by national unity Government (see below) and expressed Israel following the 25 January 2006 Palestinian leg- hope that the desired calm would prevail. islative elections that brought the Hamas-led pa Gov- Security Council consideration (February). The ernment to power [YUN 2006, p. 501]. In the previous Special Coordinator for the Middle East Peace Process year, the International Monetary Fund (imf) estimated and Personal Representative of the Secretary-General, that donors provided over $700 million in budget sup- Alvaro de Soto, reporting to the Security Council on port. Over half of that came from Arab League mem- 13 February [meeting 5629], noted that a very impor- ber States through direct contributions to the Office of tant step forward was taken in the cause of stability the President. The remainder was mainly provided by and unity among Palestinians with the Agreement Western donors through the Temporary International on Palestinian National Reconciliation, reached in Mechanism (tim) and bilateral donations. Tim, de- Mecca, Saudi Arabia, on 8 February. The process of signed to provide emergency support to social sectors, forming a new Palestinian Government as such had was in its seventh month and had disbursed $266 mil- yet to begin. The agreement incorporated the text of lion. The international community channelled a fur- the commissioning letter that President Abbas would ther $450 million, equivalent to approximately 11 per send to the Prime Minister–designate, Ismail Hani- cent of Palestinian gross domestic product (gdp), in yeh, who would initiate the process of Government life-sustaining humanitarian programmes to Palestin- formation. The letter called upon him to respect the ians through UN agencies and non-governmental or- agreements signed by the Palestine Liberation Organ- ganizations (ngos). Total assistance to Palestinians in ization (plo) and to respect international legitimacy 2006, not including funds channelled to the pa Gov- resolutions. The commissioning letter also included a ernment or Hamas by regional donors, reached around Government commitment to work to achieve Palestin- $1.2 billion, representing a nearly 10 per cent increase ian national goals as ratified by the resolutions of the in aid over 2005. Humanitarian assistance alone had Palestine National Council, which rejected terrorism doubled since 2004, mainly taking the form of food in all its forms; the basic law articles and the national aid and cash-for-work programmes. However, real gdp conciliation document; and Arab summit resolutions. per capita declined by at least 8 per cent in 2006 and Despite the progress achieved, a number of chal- poverty levels increased by 30 per cent. lenges remained. The first one was to curb violence. In 2007 alone, 137 Palestinians had been killed by fellow Quartet meeting (2 February). On 2 February Palestinians in internal clashes, while 445 had been [SG/2122], the Middle East Quartet met in Washing- injured. Before Egypt brokered a ceasefire prior to the ton, D.C., United States, to discuss the situation in the Mecca meetings, factional violence in Gaza crossed Middle East. It urged the parties to implement fully previous red lines, with assaults on a presidential com- steps discussed at the December 2006 meeting [YUN pound and convoy, on the Islamic University, and on 2006, p. 531]; meet their respective obligations under training camps of rival forces. Rocket-propelled gre- phase one of the Quartet road map [YUN 2002, p. 436] nades, heavy machine guns and other heavy weapons and under the Agreement on Movement and Access were used by both sides. The violence had taken a toll [YUN 2005, p. 519]; and seek to fulfil their obligations in civilian lives, and on living standards, the social under the 2005 Sharm el-Sheik Understandings [ibid., fabric and psychological well-being. It was equally im- p. 506]. The Quartet welcomed United States efforts portant to calm Israeli-Palestinian violence. In Eilat, to accelerate progress on the road map, and expressed a Palestinian suicide bomber had killed three Israelis, concern at the violence among Palestinians. and at least 36 rockets had been fired from Gaza since 438 Political and security questions

25 January. Israel had shown commendable restraint concern and grave uneasiness over reference made by in the face of those unjustified attacks from Gaza. Israel’s Prime Minister to his country’s possession of However, the number of idf search-and-detention nuclear weapons. campaigns in the West Bank had increased by 58 per Nam’s Coordinating Bureau, on 13 March cent since the beginning of 2007, while armed and [S/2007/146], said that the situation in the Middle East, unarmed clashes between Palestinians and idf in the in particular in the Occupied Palestinian Territory, West Bank rose by 88 per cent. There were also con- called for a field mission by the Security Council in the tinuing tensions over Israel’s construction work on a region. The mission would supplement the Quartet’s new walkway to restore a broken bridge leading to the efforts and contribute to the peace process. Mughrabi Gate of the Haram al-Sharif—or Temple Security Council consideration (March). On Mount—compound in the Old City of Jerusalem, 14 March [meeting 5638], the Under-Secretary-General and accompanying archaeological digging. Israel said for Political Affairs, B. Lynn Pascoe, told the Security its work was purely for safety and access reasons, but Council, during its discussion on the situation in the there had been a strong reaction in many quarters of Middle East, that the ceasefire agreed to in Mecca in the Arab and Muslim world. February (see p. 437) had calmed the internal Pales- A second set of challenges related to preserving tinian front, but isolated clashes underscored the fra- and building the capacity of institutions of Palestin- gility of the situation. After being commissioned to ian governance, as well as developing the Palestin- form the new Government by President Abbas, Prime ian economy. The economy could not be developed Minister–designate Haniyeh consulted with all fac- without major steps from both parties to implement tions and remained in close and frequent contact with all aspects of the Agreement on Movement and Access the President to finalize the new Government and [YUN 2005, p. 519]. Although there were some improve- prepare its programme for presentation to the Pales- ments, the implementation of the Agreement was un- tinian Legislative Council. Under the Basic Law, the even and certain aspects remained stalled. The finan- new Government had to be finalized by 21 March. cial management system of the pa had been degraded, President Abbas and Prime Minister Olmert met on with consequent weakening of transparent reporting two occasions: once on 19 February with United States on fiscal operations. Thepa ’s public expenditures were Secretary of State Condoleezza Rice and again on 11 supported by external funding, and total revenues March in a bilateral meeting. amounted to less than two thirds of recurring costs. Continued tension and violence had taken the A third set of challenges related to the continued lives of 23 Palestinians and one Israeli since the Se- lack of any positive Israeli action to remove settlement curity Council’s previous briefing (see p. 437). Over outposts, the continued settlement activity and the the same period, Palestinian militants in Gaza fired construction of the barrier in the Occupied Palestin- at least 55 rockets into Israel. In late February, idf ian Territory in the West Bank. launched a large military operation—code-named Quartet meeting (21 February). Representatives “Hot Winter”—in Nablus; idf uncovered a number of the Quartet—United Nations Secretary-General of sites used for preparing explosives and arrested sev- Ban Ki-moon, Russian Federation Foreign Minister eral suspects. However, the operation placed tens of Sergey Lavrov, United States Secretary of State Con- thousands of Palestinians in the old city of Nablus un- doleezza Rice, High Representative for the European der curfew for several days, causing major disruption Union Common Foreign and Security Policy Javier to civilian life and humanitarian operations. During Solana, German Foreign Minister Frank-Walter Stein- the reporting period, idf also conducted operations meier and European Commissioner for External Re- in Jenin, Ramallah and Bethlehem. lations Benita Ferrero-Waldner—met in Berlin, Ger- The United Nations continued to follow closely many, to discuss the situation in the Middle East. The the situation in the Old City of Jerusalem following Quartet [SG/2124] welcomed the 19 February trilateral reports of Israeli excavation and construction activ- meeting in Jerusalem between the United States, Israel ity on a ramp leading to the Haram al-Sharif/Temple and the pa, and hoped that the result-oriented dialogue Mount, bearing in mind that real or perceived threats initiated between Israeli and Palestinian leaders would to change the status quo at sensitive holy sites in Je- continue in the framework of a renewed political pro- rusalem had been a trigger of conflict many times in cess. It also welcomed the preliminary ideas put for- the city’s history. A delegation of the United Nations ward by the European Commission to meet the needs Educational, Scientific and Cultural Organization of the Palestinian people and to better coordinate and (unesco) visited the site and transmitted its report to mobilize international assistance. the Secretary-General on 13 March. The report rec- Communications. On 27 February [A/61/770- ommended that the Israeli Government be asked to S/2007/117], Kuwait, on behalf of the Arab States Mem- comply with its obligations regarding heritage conser- bers and Observers of the United Nations, expressed vation in World Heritage Sites, such as the Old City Middle East 439 of Jerusalem, and to stop the archaeological excava- from the Gaza Strip into Israel. Prime Minister Olmert tions immediately. The report also noted, however, noted that there had been a significant drop since mid- that the works did not threaten the stability of the April in the rate of rockets being fired, which appeared Western Wall or the Al-Aqsa mosque. Other recom- to be the result of the continuing efforts of President mendations included a call on the Israeli Government Abbas with the various factions. Israeli officials contin- clearly to define the final design of the access structure ued to express concern about the alleged smuggling of to the Mughrabi Gate; to engage in a consultation weapons between Egypt and the Gaza Strip and about process with all concerned parties, including the au- the reported increase in the payload and range of the thorities of the Awqaf and Jordan; and to have the rockets that were fired from Gaza into Israel. Despite process supervised by an international team of experts the provisions of the road map that called for a set- coordinated by unesco. tlement freeze, the construction of new housing units Quartet statement on new Palestinian Gov- was taking place in some 75 of the 121 settlements ernment. In a statement issued on its behalf on 21 in the Occupied Palestinian Territory, and settlement March [SG/2125], the Quartet expressed hope that the development continued on both sides of the barrier be- establishment of a new Palestinian Government on 17 ing built in the Territory. On 10 April, Israeli Defence March would help to end intra-Palestinian violence. It Minister Amir Peretz had ordered the eviction of set- also expressed its expectation that the unity Govern- tlers who had moved into buildings in central Hebron ment would act responsibly, demonstrate commitment in February, but that order had not yet been imple- to the Quartet principles, and support the efforts of mented. Despite the obligation of the Government of President Abbas to pursue a two-State solution to the Israel under the road map, none of the additional 101 Israeli-Palestinian conflict. outposts in the West Bank had been removed. In addi- Communications. On 20 March tion, Israel continued to construct the wall in the West [A/61/818- Bank, ignoring the 9 July 2004 advisory opinion of the S/2007/161], nam’s Coordinating Bureau welcomed the formation of the Palestinian National Unity Govern- International Court of Justice [YUN 2004, p. 465]. ment. Communication. On 25 April [S/2007/230], nam The League of Arab States las( ), at the Arab sum- noted that despite the formation of the National Unity mit held in Riyadh, Saudi Arabia, on 28 and 29 March Government, the Palestinian people continued to suf- fer as a result of the international aid blockade that [S/2007/232], reaffirmed the need to adhere to the Arab peace initiative as adopted by the 2002 Beirut summit had been imposed for more than a year and had yet to be lifted. Nam reiterated that there could not be [YUN 2002, p. 419] and called on Israel to resume the process of direct negotiations on all tracks. Las also a lasting solution to the question of Palestine unless called on all Lebanese groups and forces to engage in that solution was based on the principle of territory for a national dialogue. peace, including the establishment of an independent Security Council consideration (April). On 25 Palestinian State in the entire Palestinian territory oc- April, during its discussion on the situation in the cupied since 1967, with East Jerusalem as its capital, living in peace and security with Israel. Middle East, including the Palestinian question [meet- ing 5667], the Under-Secretary-General for Political Affairs, Mr. Pascoe, told the Security Council that, UN African meeting on 17 March, the Palestinian National Unity Gov- The United Nations African meeting on the ques- ernment was sworn in. President Abbas and Prime tion of Palestine (Pretoria, South Africa, 9-10 May) Minister Olmert met in Jerusalem on 15 April and was held under the auspices of the Committee on the discussed immediate humanitarian and security issues, Exercise of the Inalienable Rights of the Palestinian including efforts to build confidence through action People [S/2007/360]. The meeting’s objective was to en- on security reform and implementation of the Agree- courage broad international action, especially by Afri- ment on Movement and Access. They reportedly also can States, in support of the rights of the Palestinian exchanged views on aspects of a future Palestinian people and in support of achieving a solution to the State and a time frame for achieving it, and agreed to conflict based on an internationally endorsed vision of meet again soon. two States, Israel and Palestine, living side by side in Despite a number of positive political developments, peace and security within pre-1967 borders. The par- there continued to be a lack of substantial improve- ticipants expressed concern at the continuing deter- ment in the security situation. At least 43 Palestinians ioration of the economic and humanitarian situation had been killed since 14 March—22 in intra-Palestinian in the Occupied Palestinian Territory. The crisis was a fighting and 21 by idf—while over 200 Palestinians direct consequence of the continuing occupation, fur- and at least 13 Israelis had been injured. In addition, ther compounded by the withholding of direct donor according to United Nations figures, between 14 assistance to the pa. The participants viewed Israel’s March and 17 April, 54 rockets and mortars were fired military operations in Palestinian population centres 440 Political and security questions as disproportionate and indiscriminate. They encour- dismantlement of settlement outposts. In early May, aged increased African action in regional and inter- a plan for three further settlements in East Jerusalem, national forums, in particular the role of the African comprising another 20,000 housing units, received Group at the United Nations and of the Pan-African preliminary approval. The Secretary-General expressed Parliament, in supporting a peaceful solution to the his concern about those plans and stated that a halt to conflict. settlement expansion was one of the basic obligations in phase one of the Quartet’s road map. He noted that, Security situation as occupied territory, the final status of East Jerusalem was subject to negotiations between the parties. Communications. On 24 May [A/61/926- During the reporting period, dialogue took place , the Organization of the Islamic Confer- S/2007/309] between Israeli, Jordanian and Egyptian officials at the ence (oic) Group expressed grave concern at the deter- highest levels. Quartet members held a positive infor- ioration of the situation in the Occupied Palestinian mal exchange of views in Sharm el-Sheikh, Egypt, Territory and condemned Israel’s military attacks with members of the committee of the Arab League against Palestinian civilian areas in the Gaza Strip. tasked with implementing the 2002 Arab Peace Initia- On the same day , the Non- [A/61/925-S/2007/310] tive [YUN 2002, p. 419]. The Secretary-General strongly Aligned Movement (nam) also condemned Israel’s mili- encouraged all concerned to continue to discuss the tary attacks against the civilian population in Gaza. next steps required to benefit from that important ini- The thirty-fourth session of the Islamic Confer- tiative, which provided the framework for a compre- ence of Foreign Ministers (Islamabad, Pakistan, 15-17 hensive settlement of the Arab-Israeli conflict. May) adopted the Islamabad Declaration, the Final Quartet meeting (May). The Quartet principals, Communiqué and various resolutions presenting the meeting in Berlin on 30 May [SG/2128], expressed deep position of oic on various political, economic and so- concern over factional violence in Gaza and called for cial issues [A/61/981-S/2007/656]. The Final Communi- all Palestinians immediately to renounce all acts of qué, among other things, commended the 8 February violence and respect the ceasefire. The Quartet con- Mecca Agreement on Palestinian National Reconcili- demned the continued firing of Qassam rockets into ation (see p. 437) and condemned Israel’s aggressions southern Israel, as well as the build-up of arms by Ha- on Islamic and Christian holy places. mas and other terrorist groups in Gaza. It endorsed Security Council consideration (May). The pa President Abbas’ call for an immediate end to such Security Council, on 24 May [meeting 5683], heard a violence and also called for the unconditional release of briefing by the Under-Secretary-General for Political Israeli Corporal Gilad Shalit. The Quartet urged Israel Affairs. He said that the factional fighting in Gaza to exercise restraint to ensure that its security opera- erupted after the resignation of Palestinian Interior tions avoided civilian casualties and damage to civilian Minister Hani Kawasmeh on 14 May. It included ur- infrastructure. It noted that the detention of elected ban warfare involving clashes of Hamas militants and members of the Palestinian Government and legisla- Executive Force members with pa security forces and ture raised particular concerns and called for them to Fatah armed gangs. Battles took place in residential be released. The Quartet commended the work oftim areas, with no regard for the safety of civilians. All and endorsed its extension for three months, from July told, the upsurge in inter-factional violence had left until September 2007. It noted its positive meeting 68 Palestinians dead and more than 200 wounded. with members of the Arab League in Sharm el-Sheikh Rocket fire against Israel had escalated significantly, on 4 May, and looked forward to continued engage- with more than 270 rockets fired since 25 April. In ment with the Arab States. response, Israeli tanks entered the Gaza Strip for the Communication. On 7 June [A/61/952-S/2007/345], first time since the November 2006 ceasefire [YUN nam said that despite the creation of the Palestinian 2006, p. 524]. The Israeli Air Force conducted air strikes National Unity Government, the Palestinian people aimed at militants and facilities, which caused civil- continued to endure the blocking of international as- ian casualties. All told, militant rocket fire killed one sistance. That state of affairs had to cease, as it worked Israeli and injured at least 16, while idf air strikes and against an eventual solution to the conflict through dia- ground incursions killed 57 Palestinians and injured logue and negotiation. Nam believed that there was an at least 175 others, with children accounting for six opportunity for the resumption of the peace process in of the dead. the Middle East and called on the international com- There was no further movement on the release of Is- munity to fulfil its responsibility towards that end. raeli Corporal Gilad Shalit, who was captured by Pal- Security Council consideration (June). The Spe- estinian militants on 25 June 2006 [YUN 2006, p. 510], cial Coordinator for the Middle East Peace Process or on Palestinian prisoners. There was also no action and Personal Representative of the Secretary-General, towards a freeze in settlement construction or in the Michael C. Williams, in his 20 June briefing to the Middle East 441

Security Council [meeting 5701], said that the violent Minister, leading an emergency Government of 11 seizure of de facto political authority in Gaza by Ha- independents. President Abbas said that he planned mas, the end of the Palestinian National Unity Gov- to consult the Palestinian people at the appropriate ernment and the declaration of a state of emergency time. At the height of the crisis, the Secretary-General by President Abbas had created new political realities convened a teleconference of the Quartet principals and worrying conditions in the Occupied Palestinian on 15 June. In addition to sharing its concern for the Territory. Israel had been subject to rocket attacks, on welfare and security of all Palestinians, the Quartet both its southern and northern borders. The region as expressed understanding and support for President a whole was highly volatile and unstable, overshadow- Abbas’ necessary and legitimate actions and noted its ing efforts to make political progress. Since 24 May, continuing support for other legitimate Palestinian 218 Palestinians had been killed and 910 injured in institutions. With the formation of a new Palestin- internal violence; 40 Palestinians were killed and 159 ian Government, the United States and the European injured by idf; one Israeli was killed and 10 other Is- Union (eu) announced their intention to renew direct raelis were injured in attacks by Palestinian militants. assistance to the pa. Those decisions signalled the le- At least 166 rockets were fired by Palestinian militants gitimacy of the new Government and the fact that from Gaza into Israel, and 77 mortars were launched President Abbas’ positions were consistent with those at the Erez crossing. There were a total of 37 Israeli of the Quartet. air strikes and some ground operations into the Gaza Appointment of Quartet Representative. Meet- Strip, as well as 363 Israeli incursions into, and 287 ing on 27 June [SG/2129], the Quartet announced the arrests in, the West Bank. appointment of Tony Blair, former Prime Minister of Since the Mecca ceasefire agreement, reached in the United Kingdom, as the Quartet Representative, February, the Palestinian National Unity Govern- who would be responsible for, among other things, ment had faced enormous obstacles. The agreement mobilizing international assistance to the Palestin- did not lead to the integration of common security ians, working closely with donors and coordination and political structures, nor did it lead to a lifting bodies. He would help to identify and secure inter- of Israeli and international measures against the pa national support in addressing the institutional gov- Government put in place following the January 2006 ernance needs of the Palestinian State, focusing, as a elections. On 27 May, Egypt brokered a factional matter of urgency, on the rule of law. In addition, he truce after bitter fighting in Gaza. That violence had would develop plans to promote Palestinian economic also drawn in Israel, which had responded to intense development. rocket attacks by Hamas militants against its civilian Communication. On 16 July population with targeted air operations. President Ab- [A/61/1003- bas proposed, and the National Unity Government S/2007/433], nam expressed concern over the dire se- endorsed, a ceasefire plan designed to ensure calm curity, humanitarian, socio-economic and political with Israel throughout Gaza and the West Bank. That situation prevailing in the Occupied Palestinian Ter- plan did not materialize. Between 9 and 15 June, Ha- ritory, and said that Israeli actions undermined the mas’ military wing and the Executive Force security functioning of the pa and contributed to the growing organization took control of the Gaza Strip in a vio- polarization in the Palestinian society. lent insurrection against the presidency and pa secu- Quartet meeting (July). On 19 July [SG/2130], the rity forces. Hamas fighters took over key security and Quartet principals supported the call made by the Presi- strategic sites; presidential forces were outperformed, dent of the United States for an international meeting as were Fatah militants. During the fighting, there on the Middle East (see p. 442). The Quartet urged all were many grave violations of humanitarian and hu- parties and all States in the region to work closely with man rights law. Inevitably, the fighting created some Mr. Blair and encouraged robust international support population movement, including hundreds of Fatah for his efforts. It also expressed support for the pa Gov- militants and ordinary civilians who sought to flee ernment headed by Salam Fayyad, who was committed the violence. The fighting in Gaza had repercussions to the political platform of President Abbas. in the West Bank. There were clashes in Nablus and Security Council consideration (July). The Spe- in Ramallah, and Hamas supporters and officials were cial Coordinator for the Middle East Peace Process detained elsewhere. President Abbas called for a halt and Personal Representative of the Secretary-General, to all such violent acts, including reprisals against in his 25 July [meeting 5723] briefing to the Security Hamas members. Council, said that, since his last briefing on 20 June On 14 June, President Abbas dismissed Prime (see p. 440), there had been important political de- Minister Haniyeh, which led to the dissolution of the velopments giving cause for hope. Most notable was Government. He declared a 30-day state of emergency the re‑engagement of the international community and appointed Salam Fayyad to serve as Prime Minis- and Israel with the Government of Prime Minis- ter, and concurrently as Foreign Minister and Finance ter Salam Fayyad. On 25 June, Egyptian President 442 Political and security questions

Hosni Mubarak hosted a summit at Sharm el-Sheikh, taker Government. The Palestinian Legislative Coun- Egypt, which included Prime Minister Olmert, King cil (plc) tried to convene on a number of occasions Abdullah II of Jordan and President Abbas. On 16 but, because of alternate boycotts by both Hamas and July, United States President George W. Bush made Fatah, no sessions were held. The continued Israeli a speech announcing a series of measures of support detention of 45 Palestinian legislators was an aggra- to the Palestinian Government, leading to an interna- vating factor. On 16 July, President Abbas called for tional meeting in the autumn chaired by United States early presidential and plc elections. However, there Secretary of State Condoleezza Rice. On the same day, was no indication as to when such elections might be President Abbas and Prime Minister Olmert held a held, and it was not clear how or when the impasse bilateral meeting that touched on final status issues. would be resolved. The creation of the emergency On 19 July, the Quartet met in Lisbon, together with Government of Prime Minister Fayyad on 15 June its new Representative, Tony Blair, who had been ap- led to the renewal of direct financial assistance from pointed in June (see p. 441). Mr. Blair visited the re- the donor community. Prime Minister Olmert made gion in July to assess the situation. commitments to support the new emergency Gov- The positive diplomatic developments were offset ernment by transferring tax revenues, significantly by a problematic and increasingly complex reality on freeing movement in the West Bank, renewing eco- the ground, where violence continued. The situation nomic and security cooperation and releasing some in the Gaza Strip had stabilized somewhat. Hamas Palestinian prisoners. Subsequently, Israel transferred was in control of Gaza and had detained political op- $117 million in Palestinian tax revenues on 1 July and ponents and those whom it accused of collaboration released 255 Palestinian prisoners on 20 July. The pa with Israel. Since 20 June, there had been more than and Israel also reached an agreement that led to 178 20 incidents of Palestinian attacks, involving 192 wanted militants giving up their arms and signing rocket and mortar shells, against the Gaza crossings peace pledges in return for being removed from Isra- and into Israel. The military wing of Hamas was re- el’s most-wanted list. For the first time in 15 months, sponsible for most of the rockets and mortars fired a full salary payment was made to Palestinian civil at the crossings, and it claimed responsibility for 10 servants, thus injecting more than $100 million into attacks aimed towards Kerem Shalom and five aimed the Palestinian economy. towards Erez. However, Islamic Jihad and the Al-Aqsa Security Council consideration (August). The Martyrs Brigade also carried out attacks against the Special Coordinator for the Peace Process in the Mid- crossings. Islamic Jihad was also responsible for most dle East and Personal Representative of the Secretary- of the rockets and mortars launched against Israel, General, Mr. Williams, in his 29 August [meeting 5736] with Hamas claiming responsibility for only one such briefing to the Security Council, said that the substan- attack during the reporting period. Israeli military ac- tive dialogue developing between plo chairman Abbas tions continued throughout the period, leading to 52 and Israeli Prime Minister Olmert and the reform ef- Palestinian fatalities and 109 injured. Thirty-three of forts of Palestinian Prime Minister Fayyad had created those fatalities were in Gaza. One Israeli was killed growing expectations. The anticipated engagement of and 18 injured. Idf continued targeted killings in Mr. Blair, the Quartet’s Representative, more active Gaza. In the West Bank, idf carried out almost daily regional diplomacy and the preparations for a series of arrest raids into towns and villages, killing some 20 high-profile international gatherings—above all, the Palestinians and arresting at least 244 suspected activ- November meeting called for by United States Presi- ists from various Palestinian factions. dent Bush—reinforced those efforts. The Hamas takeover of Gaza and the absence ofpa President Abbas and Prime Minister Olmert met security forces left the crossings connecting Gaza with again on 28 August, following their 6 August meet- the outside world mostly inoperable. UN agencies re- ing at Jericho, which marked the first visit by an Is- doubled their efforts with Israel and thepa to facilitate raeli leader to a Palestinian town in seven years. Both and ensure the continuous flow of basic humanitarian sides reported substantive discussions and exchanges goods through the Kerem Shalom crossing. Overall, of ideas on permanent status issues, as well as on 65,000 metric tons of basic food and medical supplies confidence-building steps. There also appeared to be a entered the Strip commercially or through the United common desire to reach an agreement or understand- Nations, meeting 88 per cent of the population’s basic ing that could be presented to the international meet- minimum food needs. However, it was clear that hu- ing in November. However, differences of emphasis manitarian assistance alone would not be sufficient to were noticeable regarding the content and scope of stop the decline in the economy that was unfolding, what needed to be achieved. owing to the interruption of regular commercial flows In the West Bank, the pa, under Prime Minister to and from the Gaza Strip. Fayyad, began to implement reforms and a serious se- On 13 July, Prime Minister Fayyad’s Palestinian curity programme, in addition to initiating measures emergency Government was reappointed as a care- to remove redundant employees and end superfluous Middle East 443 hiring at ministries. Regarding security, Israel’s agree- coup d’état carried out by outlawed militias against ment not to pursue a number of wanted militants— the pa in the Gaza Strip in June (see p. 441) threat- provided they turned in their weapons and reported ened the unity of Palestinian land, as well as the unity to pa offices—served as an important first example of of the Palestinian people. The pa’s goal remained the security cooperation. establishment of the Palestinian State on all of the While some order had been brought to the streets Occupied Palestinian Territory, including the West of Gaza, the actions of Hamas were taking place out- Bank, East Jerusalem and the Gaza Strip. Despite side the framework of the rule of law and the pa’s in- those difficulties, there was a significant opportunity stitutions, generating concern regarding respect for to move towards ending Israel’s occupation and the human rights and the future development of Gaza. attainment of the two-State solution on the basis of Hamas was recruiting volunteers and using charities the 1967 borders. That would entail the establishment to provide certain services, since the majority of pa of the Palestinian State in all the areas occupied by Is- employees were not reporting to work owing to a dis- rael since 1967, with East Jerusalem as its capital, and pute over whom they should report to. Hamas contin- the achievement of a just and agreed solution to the ued to assert its military control over the Gaza Strip, issue of Palestinian refugees on the basis of General including through the establishment of a new security Assembly resolution 194(III) of 1948. It was in that body, a coastal force, a female police force and an in- spirit that the Palestinians welcomed the convening terior security force. There were reports of increasing of an international conference in the autumn of 2007 arrests and clashes with other political factions. Due to find a solution to the Israeli-Palestinian conflict by to efforts by the pa, Israel and the United Nations, ending the occupation and achieving the two-State food and medical supplies were entering through two solution of Israel and Palestine living side by side in border crossings. peace and security. Since 25 July, Israeli-Palestinian violence had Israel said that there were a number of positive claimed the lives of 51 Palestinians, while 13 Israelis developments on the Israeli-Palestinian front. Those developments occurred against the backdrop of, and and 145 Palestinians were injured. A further 18 Pales- in spite of, the continuing danger posed by the ex- tinians were killed and 88 injured in internal violence. tremists in the region, Hamas and Hizbullah, which A total of 83 rockets and 89 mortars were fired by were backed and supported by their patrons in Teh- Palestinian militants, including Hamas, from Gaza ran, Iran, and Damascus, Syria. Israel and the pa were into Israel. engaging with each other and working together. Israel The Quartet Representative’s core team and office also undertook additional steps to bolster the pa, in- were being established in Jerusalem, and Mr. Blair cluding releasing tax funds, freeing more than 250 was expected to arrive there on 4 September for his Palestinian prisoners and granting amnesty to those second visit. who renounced terror and violence. However, while Following Mr. Williams’ briefing, the Permanent Palestinian moderates had chosen an Israeli-Palestinian Observer of Palestine said that Israel’s unlawful poli- dialogue, the extremists had opted for violence and cies and incessant violations of international law con- instability, threatening both Israeli and Palestin- tinued to cause severe hardships for the Palestinian ian security. In Gaza, Hamas constructed positions civilian population, compound the difficult situation and fortifications, building tunnels for fighting and on the ground and undermine any peace efforts. The smuggling explosives, anti-tank weapons and rockets cessation of such illegal policies and practices was a through the desert. In spite of the volatile security prerequisite for making peace. The Israeli occupying situation in the Gaza Strip, Israel transferred more forces carried out repeated military raids, assaults and than 60,000 tons of humanitarian aid to Gaza in co- incursions throughout the occupied territory, killing operation with the Gaza District Coordination and and injuring more Palestinian civilians, including Liaison Office. many children. At the same time, Israel was continu- Security Council consideration (September). On ing to construct and expand its settlements in the 20 September [meeting 5746], the Under-Secretary- West Bank, particularly in and around the area of General for Political Affairs reported to the Security occupied East Jerusalem. While further fragmenting Council that Prime Minister Olmert and President the Palestinian territory and separating Palestinian Abbas agreed to set up negotiating teams to assist them population centres, Israel was also maintaining a dis- in transforming their discussions into an agreed text. criminatory road network and permit system, with The Quartet Representative, Mr. Blair, completed his more than 550 checkpoints and roadblocks through- second visit to the region to develop his agenda on out the Occupied Palestinian Territory, including economic revival and institutional reform. As those East Jerusalem. Israeli forces arbitrarily and routinely diplomatic efforts proceeded, violence among Pales- imposed prolonged closures and severe restrictions on tinians killed 11 and injured 95. There were several the movement of Palestinian persons and goods. The violent confrontations with heavy exchanges of fire, re- 444 Political and security questions flecting a deep and continuing political crisis. In Gaza, 2005, p. 519]; more work to consolidate the rule of law Hamas replaced senior personnel in ministries, while in the occupied Palestinian territories; and aid deliv- adopting increasingly repressive measures to solidify its ered predictably and through the pa. The Bank also control. In the West Bank, pa security forces arrested stressed that the Gaza Strip represented 40 per cent of alleged Hamas members and closed over 100 charities the population of the Occupied Palestinian Territory and non-governmental organizations. In the absence and had to be incorporated into any recovery plan. of sessions of the Palestinian Legislative Council, Presi- Quartet meeting (September). The Quartet dent Abbas continued to rule by decree. The continued principals, meeting in New York on 23 September division of the Occupied Palestinian Territory was a [SG/2132], welcomed the formation of Israeli and matter of deep political, security and socio-economic Palestinian teams to discuss the core issues essential concern. President Abbas and Prime Minister Fayyad to progress towards their shared goal of a negotiated had demanded that Hamas apologize for its violent two-State solution. The Quartet also welcomed par- takeover of Gaza in June, reverse the steps it had taken, allel steps taken by the parties to build confidence and recognize the pa. However, Hamas rejected those and improve conditions on the ground. The Quartet demands and solidified its de facto rule in Gaza. discussed the international peace meeting called for Violence between Israelis and Palestinians contin- by the President of the United States and expected ued. Since 29 August, 20 Palestinians had been killed the meeting to affirm support for the two-State solu- and 89 injured, while one Israeli was killed and 50 tion, based on a rejection of violence, and for progress were injured. A rocket fired by Islamic Jihad struck by the parties in their bilateral discussions. Quartet an Israeli army base at Zikim on 11 September, injur- Representative Tony Blair briefed the Quartet on his ing 44 soldiers, including one critically. Israeli soldier meetings and discussions with regional leaders. The Gilad Shalit remained in captivity in Gaza and efforts Quartet agreed that Mr. Blair should work with the pa to renew talks for his release appeared to have made Government in developing a multi-year agenda for in- no headway. stitutional and economic development, and extended On 19 September, the Israeli security cabinet de- tim until 31 December. clared Gaza an enemy entity and announced its inten- Communications. On 24 September [A/62/373], tion to interrupt essential services, such as electricity oic said that on 19 September, the Israeli Security and fuel, to the civilian population. Israel also closed Cabinet had declared Gaza an enemy entity and, the Strip for the movement of Palestinians in and consequently, had cut off power and fuel supplies to out and indicated that it would severely restrict the the Palestinian civilian population. Oic condemned movement of internationals. Idf actions caused three Israel’s declaration and its actions. Palestinian civilian casualties in northern Gaza. In the West Bank, idf conducted 110 searches, detain- On the same day [A/62/367-S/2007/571], nam’s Coor- ing 175 Palestinians. Construction of the barrier deep dination Bureau also condemned Israel’s declaration. within the West Bank continued. On 4 September, Nam’s Ministerial Committee Declaration on Pal- the Israeli High Court ordered a section of the barrier estine, adopted on 25 September and forwarded the rerouted where it deviated from the 1967 armistice next day to the Secretary-General [A/62/368-S/2007/581], line to incorporate the settlement bloc of Modiin. Set- noted, among other things, that the main danger to tlement construction was continuing on both sides the realization of the inalienable rights of the Pales- of the barrier in the majority of settlements and no tinian people and the achievement of the two-State action was taken against outposts. solution continued to be the relentless campaign of The scale of the challenge to rejuvenate the Palestin- Israeli settlers and construction of the wall being car- ian economy was underlined by the World Bank in a ried out by Israel. Nam’s Ministers called for further report prepared for the Ad Hoc Liaison Committee, measures to be taken at the United Nations to bring to which documented a comprehensive drop in socio- an end Israel’s violations, in accordance with General economic indicators throughout the Occupied Pal- Assembly resolution ES-10/15 [YUN 2004, p. 465], and estinian Territory. Chronic diseases had increased by requested Member States to take measures to prevent 31 per cent since 2005. One in 10 Palestinian chil- any products coming from Israeli settlements from dren under five years of age was stunted as a result of entering their markets. malnutrition. Palestinian private sector capability and The Annual Coordination Meeting of oic Minis- investment potential were declining and the economy ters for Foreign Affairs of the States members (New was becoming increasingly reliant on short-term aid, York, 2 October) [A/62/507-S/2007/636] reaffirmed the mostly spent on recurring expenditure rather than centrality of the cause of Al-Quds Al-Sharif (Jerusa- development. The report recommended a series of lem) for the whole Islamic Ummah and condemned measures capable of reversing those trends if imple- the Israeli military campaign against the Palestinian mented in parallel: full implementation of the Novem- people. The Meeting also reaffirmed its full support for ber 2005 Agreement on Movement and Access [YUN the pa, under the leadership of President Abbas. Middle East 445

Security Council consideration (October). On The humanitarian situation in Gaza continued 24 October [meeting 5767], the Security Council heard to deteriorate. In June and July, approximately 100 a briefing by the Under-Secretary-General for Political truckloads of humanitarian goods were entering Gaza Affairs, Mr. Pascoe, who said that the period since daily; in October the number was approximately 50. the last briefing on 20 September saw both Israeli- One of the two crossings that remained open for Palestinian political dialogue and international humanitarian goods, Sufa, was slated to be closed diplomatic engagement with the Middle East peace towards the end of October. While it had been up- process reach their most intensive levels in years. How- graded, the other crossing, Kerem Shalom, was un- ever, there were several developments of concern on likely to have the capacity to process the number of the ground in the West Bank and a further serious trucks required to meet the humanitarian needs of the deterioration of the situation in Gaza. population of Gaza. The Quartet offered its strong support for the bilat- Communication. In a 26 November letter to the eral talks between Prime Minister Olmert and Presi- Secretary-General [A/62/551-S/2007/685], on the occasion dent Abbas when it met in New York on 23 September. of the International Day of Solidarity with the Palestin- The Quartet also pledged to support a serious and sub- ian People, scheduled to be celebrated on 29 November, stantive international meeting, and to work towards Bahrain said that it hoped that the international peace its success and for implementation of its conclusions. conference convoked by the President of the United Meeting with the League of Arab States Follow-up States (see below) would be a turning point in dealing Committee, the Quartet underscored the importance with the essential issues of the peace process. it attached to the 2002 Arab Peace Initiative and to the Quartet meeting (November). The Quartet prin- ultimate goal of a comprehensive regional peace. cipals met in Washington, D.C., on 27 November to The pa was developing its Palestinian Reform and discuss the situation in the Middle East before the Development Plan, which set out its budget support convening of the Annapolis Conference (see below). and reform and investment priorities for the coming The Quartet [SG/2133] expressed strong support for three years. The plan would serve as the basis of the the Conference and welcomed the commitment of the pa’s funding package for the donor conference, which Israeli and Palestinian leaders to launch bilateral ne- was planned to take place in Paris, France, in the pe- gotiations towards the establishment of a Palestinian riod after the international meeting, scheduled for State in the West Bank and Gaza, and the realization November. The conference would be jointly chaired of Israeli-Palestinian peace. That reflected the results by France and Norway, and by the Quartet Repre- of months of work by the parties and by the Quartet, sentative. including the Quartet’s engagement with members of Idf approved the confiscation of almost 300 acres the Arab League Follow-Up Committee to expand the circle of support for peace. of Palestinian land in and around East Jerusalem. The confiscated land would be used to create an alterna- tive road network, linking the northern and southern Annapolis Conference West Bank and bypassing Jerusalem. Quartet mem- The Annapolis Conference (Annapolis, United bers received a strong complaint from the plo regard- States, 27 November) was convened by the United ing the confiscation, which Palestinians feared would States to officially revive the Israeli-Palestinian peace further undermine prospects for territorial contiguity process (see below for details). In a speech delivered at of a future Palestinian State and further cut already the Conference [SG/SM/11300], the Secretary-General heavily restricted Palestinian access to Jerusalem. pledged the full support of the United Nations for the The internal Palestinian divide remained. The pa renewed effort. He noted that to implement the road continued to insist that Hamas reverse its measures of map successfully, there was a need to abandon piece- the last several months and accept the decisions taken meal approaches and address all aspects of the conflict. by the President. Hamas continued to reject a return In particular, final status negotiations needed to begin to the status quo ante, while stating that it did not in earnest and address all the issues: Jerusalem, refu- intend its administration of Gaza to be permanent. gees, borders, settlements, security and water; the pa Hamas also indicated that it opposed President Ab- should be helped to rebuild, reform and perform; and bas’ negotiations with Prime Minister Olmert in the the situation on the ground had to improve rapidly and absence of an internal Palestinian consensus. In Gaza, visibly. The Quartet would continue to provide inter- Hamas confiscated weapons and vehicles of clans and national leadership and support for those efforts. rival factions, which sometimes led to heavy clashes Security Council consideration (Novem- between Hamas forces and forces of other factions ber). The Security Council, at a meeting on 30 No- or clans. It appointed personnel to key parts of the vember [meeting 5788], heard a briefing by the Under- administrative apparatus, and it was imposing taxes Secretary-General for Political Affairs, Mr. Pascoe, on smuggled goods. on the situation in the Middle East, including the 446 Political and security questions

Palestinian question. He reported that the most sig- In the lead-up to the Annapolis Conference, a nificant breakthrough in the peace process in several number of developments provided important build- years was achieved on 27 November. On that day, Is- ing blocks. The pa took steps on phase I road map raeli Prime Minister Olmert and Palestinian President obligations through the deployment of 300 security Abbas reached a Joint Understanding, read out by the forces in Nablus in a bid to crack down on militants President of the United States at the opening of the and impose law and order, which led to a significant Annapolis Conference. That agreement had three im- improvement in the security environment in that city. portant elements. First, the leaders agreed to launch The Israeli Government facilitated that deployment good-faith bilateral negotiations immediately in order by allowing the transfer of weapons, ammunition to conclude a peace treaty, resolving all outstanding and equipment. However, night raids by idf into issues, including all core issues without exception, as Nablus continued, posing a challenge to the goal of specified in previous agreements. They agreed to make ensuring pa security control. The Israeli Government every effort to conclude an agreement before the end announced a further release of 441 Palestinian pris- of 2008. Secondly, they agreed that a joint steering oners—a decision that had yet to be implemented. committee was to meet continuously. The committee Settlement activity continued, and no outposts had would oversee the work of negotiations teams, and yet been dismantled. its first meeting would be held on 12 December. The Despite those positive developments, 42 Palestin- two leaders also agreed to meet together on a biweekly ians were killed and more than 133 injured, while basis. Thirdly, they committed to implement immedi- two Israelis had been killed and six injured since 24 ately their respective obligations under the road map October. Idf Corporal Gilad Shalit was in his eight- and agreed to form an American, Palestinian and Is- eenth month of captivity in Gaza. Rockets and mor- raeli mechanism, led by the United States, to follow up tars continued to be fired by Palestinian militants on on implementation. The leaders further committed to crossing points between Israel and Gaza as well as at continue the implementation of the ongoing obliga- Israeli population centres. Factional fighting among tions under the road map until they reached a peace Palestinians—mostly in Gaza—intensified, resulting treaty. The United States would monitor and judge the in 18 deaths. Hamas continued to establish structures fulfilment of the commitment by both sides. Unless in parallel to the pa and convened an illegal session of otherwise agreed by the parties, implementation of the the Palestinian Legislative Council to cancel all de- future peace treaty would be subject to the implemen- crees taken by President Abbas since June. In the West tation of the road map. Bank, pa security forces continued to arrest Hamas In addition to the host and the parties, other par- militants, and Hamas security forces continued to ar- ticipants in the Conference included the Quartet prin- rest Fatah members in the Gaza Strip. Hamas also de- cipals, the five permanent members of the Security nounced the Annapolis Conference and held protest Council, the Group of Eight industrialized nations demonstrations in both Gaza and the West Bank. (Canada, France, Germany, Italy, Japan, Russian Federation, United Kingdom, United States), other significant donors and supporters of the process and Further developments the representatives of las. On the evening before the Security Council consideration (December). On opening of the Conference, the Quartet principals met 21 December [meeting 5815], the Under-Secretary- in Washington and expressed their strong support for General for Political Affairs, Mr. Pascoe, reported to the Conference. They welcomed the commitment of the Security Council that since the Annapolis Con- the Israeli and Palestinian leaders to launch bilateral ference bilateral negotiations between Israel and the negotiations towards the establishment of a Palestinian plo had commenced. Strong international engage- State in the West Bank and Gaza and, ultimately, of a ment was reflected in a landmark donors conference, comprehensive peace in the Middle East. a Quartet meeting and a meeting between the Quartet The Annapolis Conference also included extensive and members of las, all held in Paris on 17 December. discussion of international support for building the At the same time, developments on the ground, in- pa’s institutional capacity, setting the stage for the cluding new settlement activity and ongoing violence, donor conference to be held in Paris in December. In were a cause of concern. preparation for the Paris conference, Prime Minister On 17 December, the Secretary-General joined Fayyad circulated a summary of the Palestinian re- representatives of 68 States and international institu- form and development plan for 2008-2010. The plan tions at a donors conference in Paris, which aimed demonstrated fiscal responsibility and political com- at securing financial support to the pa over the next mitment to reform, and laid out what Israel and the three years. Donors commended the Palestinian Re- international community should do in parallel to help form and Development Plan presented by Palestinian the pa to meet its economic and institutional priorities Prime Minister Salam Fayyad and pledged a reported over the next three years. $7.4 billion in assistance to the pa. On the same day as Middle East 447 the Paris conference, the Quartet met and reaffirmed published tenders to construct 44 housing units in the [SG/2134] the importance of Palestinian economic and East Jerusalem settlement of Har Homa. A plan was institutional capacity-building in order to lay the foun- also approved in the same month to construct a 1,200- dation for a viable and prosperous Palestinian State in unit neighbourhood in another Jerusalem settlement. the West Bank and Gaza. Expressing its strong support The settler population in East Jerusalem remained at for the Palestinian Reform and Development Plan, approximately 200,000. the Quartet urged donors to resume direct bilateral assistance to the pa and endorsed a final extension of Transfer of diplomatic missions the Temporary International Mechanism until March 2008. In addition to his role in the preparation of the On 11 September [A/62/327], the Secretary-General donor conference, Quartet Representative Tony Blair reported that three Member States had replied to his was continuing his efforts to secure agreement on and request for information on steps taken or envisaged to implementation of joint projects between the pa and implement General Assembly resolution 61/26 [YUN Israel, which were crucial to bringing about improve- 2006, p. 532], which addressed the transfer by some ments on the ground. States of their diplomatic missions to Jerusalem, in Pursuant to the Annapolis Joint Understanding, violation of Security Council resolution 478(1980) Israeli-Palestinian negotiations formally began on [YUN 1980, p. 426]. 12 December. According to the Understanding, ac- tion by the parties to implement immediately their GENERAL ASSEMBLY ACTION respective obligations under the road map was cen- On 10 December , the General Assem- tral to improving the situation on the ground and to [meeting 65] bly adopted resolution 62/84 [draft: A/62/L.22 & Add.1] building confidence to support bilateral negotiations. by recorded vote (160-6-7) . Contrary to those obligations, on 4 December, ten- [agenda item 17] ders were announced for the construction of 307 new Jerusalem housing units in the Israeli settlement of Har Homa. The Quartet expressed its concern over the tenders, The General Assembly, calling on the parties to refrain from steps that under- Recalling its resolution 181(II) of 29 November 1947, in mined confidence and underscoring the importance particular its provisions regarding the City of Jerusalem, of avoiding any actions that could prejudice the out- Recalling also its resolution 36/120 E of 10 December come of permanent status negotiations. 1981 and all subsequent resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, deter- The insecurity facing civilians on both sides of the mined that all legislative and administrative measures and conflict was underscored by figures recorded during actions taken by Israel, the occupying Power, which have the reporting period: 37 Palestinians were killed and altered or purported to alter the character and status of the 71 injured by idf, two Palestinians were killed and Holy City of Jerusalem, in particular the so-called “Basic 21 injured in internal violence, and 11 Israelis were Law” on Jerusalem and the proclamation of Jerusalem as injured by Palestinian militants. The worst violence the capital of Israel, were null and void and must be re- took place in, or emanated from, Gaza: 216 rockets scinded forthwith, and mortars were fired from Gaza by Palestinian mili- Recalling further the Security Council resolutions rele- tants, either at crossing points or at Israel. Idf con- vant to Jerusalem, including resolution 478(1980) of 20 ducted raids into the Gaza Strip, targeting militants August 1980, in which the Council, inter alia, decided not allegedly responsible for rocket attacks. Islamic Jihad to recognize the “Basic Law” on Jerusalem, threatened to resume suicide attacks inside Israel. The Recalling the advisory opinion rendered on 9 July 2004 Israeli soldier Gilad Shalit spent his nineteenth month by the International Court of Justice on the Legal Conse- in captivity in Gaza. quences of the Construction of a Wall in the Occupied Pal- estinian Territory, and recalling resolution ES-10/15 of 20 July 2004, Jerusalem Expressing its grave concern about any action taken by East Jerusalem, where most of the city’s Arab popu- any body, governmental or non-governmental, in violation lation lived, remained one of the most sensitive issues of the above-mentioned resolutions, in the Middle East peace process and a focal point of Expressing its grave concern in particular about the contin- concern for the United Nations in 2007. uation by Israel, the occupying Power, of illegal settlement activities, including the so-called E-1 plan, its construction Committee on Palestinian Rights. In its annual of the wall in and around East Jerusalem, its restrictions on report [A/62/35], the Committee on the Exercise of the access to and residence in East Jerusalem, and the further Inalienable Rights of the Palestinian People (Commit- isolation of the city from the rest of the Occupied Palestin- tee on Palestinian Rights) continued to express concern ian Territory, which is having a detrimental effect on the over the illegal settlement activities in and around East lives of Palestinians and could prejudge a final status agree- Jerusalem. In March, the Israel Land Administration ment on Jerusalem, 448 Political and security questions

Reaffirming that the international community, through Economic and social situation the United Nations, has a legitimate interest in the question A May report on the economic and social reper- of the City of Jerusalem and the protection of the unique spiritual, religious and cultural dimensions of the city, as fore- cussions of the Israeli occupation on the living condi- seen in relevant United Nations resolutions on this matter, tions of the Palestinian people in the Occupied Pales- Having considered the report of the Secretary-General, tinian Territory, including Jerusalem, and of the Arab 1. Reiterates its determination that any actions taken population in the occupied Syrian Golan [A/62/75- by Israel, the occupying Power, to impose its laws, juris- E/2007/13] was prepared by the Economic and Social diction and administration on the Holy City of Jerusalem Commission for Western Asia (escwa), in accord- are illegal and therefore null and void and have no validity ance with Economic and Social Council resolution whatsoever, and calls upon Israel to cease all such illegal 2006/43 [YUN 2006, p. 533] and General Assembly and unilateral measures; resolution 61/184 . It covered develop- 2. Welcomes the decision of those States that had estab- [ibid., p. 535] lished diplomatic missions in Jerusalem to withdraw their ments since the last escwa report [ibid., p. 532]. missions from the city, in compliance with Security Coun- The report noted that the occupation continued cil resolution 478(1980); to deepen the economic and social hardship for Pal- 3. Stresses that a comprehensive, just and lasting solu- estinians. Citing the right to self-defence from such tion to the question of the City of Jerusalem should take actions as the continuation of attacks by Palestin- into account the legitimate concerns of both the Palestinian ian militants on Israeli civilians, the launching of and Israeli sides and should include internationally guar- rockets into Israeli cities from the Gaza Strip and anteed provisions to ensure the freedom of religion and of the capture of an Israeli corporal, the Israeli army conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by the people of all mounted military operations in the Occupied Pales- religions and nationalities; tinian Territory, employing arbitrary detention, dis- 4. Requests the Secretary-General to report to the Gen- proportionate use of force, house demolitions, severe eral Assembly at its sixty-third session on the implementa- mobility restrictions and closure policies. However, tion of the present resolution. there had been a marked decline in Palestinian-Is- RECORDED VOTE ON RESOLUTION 62/84: raeli violence in Gaza since the ceasefire of 26 No- In favour: Afghanistan, Albania, Algeria, Andorra, Antigua vember 2006. The Israeli closure system remained a and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Baha- primary cause of poverty and humanitarian crisis, mas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, and restricted Palestinian access to health and edu- Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, cation services, employment, markets and social and Bulgaria, Cambodia, Canada, Cape Verde, Central African religious networks. The fiscal situation deteriorated Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic Peo- significantly following the legislative elections of ple’s Republic of Korea, Democratic Republic of the Congo, January 2006 [ibid., p. 501]. In line with the principles Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El set by the Quartet on 30 January 2006, the election Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, results led donors to reconsider their aid to the pa. Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guy- Palestinian gross domestic product (gdp) declined ana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Ku- by approximately 8 per cent in the third quarter of wait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, 2006 compared to the same period in 2005. Eco- Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechten- nomic indicators continued to show negative trends. stein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Unemployment and poverty rates remained high, es- Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Mo- timated at 30 and 64 per cent respectively, while 65 naco, Mongolia, Montenegro, Morocco, Mozambique, Myan- mar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, per cent of households relied on informal borrowing Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, to subsist. Israeli settlements, land confiscation and Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, the construction of a barrier in the Occupied Pal- Romania, Russian Federation, Saint Lucia, Saint Vincent and estinian Territory, contrary to the Geneva Conven- the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, tion relative to the Protection of Civilian Persons in Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suri- Time of War and other norms of international law, name, Swaziland, Sweden, Switzerland, Syrian Arab Republic, isolated occupied East Jerusalem, bisected the West Tajikistan, Thailand, The former Yugoslav Republic of Macedo- Bank and curtailed normal economic and social nia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, life. Refugees, women and children bore the brunt Uganda, Ukraine, United Arab Emirates, United Kingdom, of those measures. Malnutrition and other health United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, problems afflicted a growing number of Palestinians Viet Nam, Yemen, Zambia, Zimbabwe. Against: Israel, Marshall Islands, Micronesia, Nauru, Palau, at a time of curtailed access to needed services. In United States. the Gaza Strip alone, 57.5 per cent of children from Abstaining: Angola, Australia, Cameroon, Côte d’Ivoire, 6 to 36 months of age and 44.9 per cent of pregnant Fiji, Tonga, Vanuatu. women were anaemic. Middle East 449

ECONOMIC AND SOCIAL COUNCIL ACTION Recalling, in this regard, the International Covenant on Civil and Political Rights, the International Covenant on On 26 July [meeting 46], the Economic and Social Economic, Social and Cultural Rights, and the Convention Council adopted resolution 2007/26 [draft: E/2007/ by recorded vote (29-2-18) . on the Rights of the Child, and affirming that these hu- L.26] [agenda item 11] man rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as Economic and social repercussions of the Israeli in the occupied Syrian Golan, occupation on the living conditions of the Gravely concerned at the extensive destruction by Israel, Palestinian people in the Occupied Palestinian the occupying Power, of agricultural land and orchards in Territory, including East Jerusalem, and the Arab the Occupied Palestinian Territory, including East Jerusa- population in the occupied Syrian Golan lem, and, in particular, as a result of its construction of the The Economic and Social Council, wall, contrary to international law, in the Occupied Pales- Recalling General Assembly resolution 61/184 of 20 De- tinian Territory, including in and around East Jerusalem, cember 2006, Recalling the advisory opinion rendered on 9 July 2004 Recalling also its resolution 2006/43 of 27 July 2006, by the International Court of Justice on the Legal Conse- Guided by the principles of the Charter of the United quences of the Construction of a Wall in the Occupied Pales- Nations affirming the inadmissibility of the acquisition of tinian Territory, recalling also General Assembly resolution territory by force, and recalling relevant Security Council ES‑10/15, and stressing the need to comply with the obliga- resolutions, including resolutions 242(1967) of 22 Novem- tions mentioned therein, ber 1967, 252(1968) of 21 May 1968, 338(1973) of 22 Oc- Extremely concerned about the dire humanitarian crisis in tober 1973, 465(1980) of 1 March 1980 and 497(1981) of the Occupied Palestinian Territory, further exacerbated by 17 December 1981, the repeated Israeli military operations, the severe restric- Recalling the resolutions of the tenth emergency special tions on the Palestinian people and Israel’s withholding of session of the General Assembly, including ES‑10/13 of Palestinian tax revenues, part of which has recently been 21 October 2003, ES‑10/14 of 8 December 2003, ES‑10/15 transferred, of 20 July 2004 and ES‑10/17 of 15 December 2006, Expressing grave concern at the increasing number of Reaffirming the applicability of the Geneva Convention deaths and injuries among civilians, including children relative to the Protection of Civilian Persons in Time of and women, War, of 12 August 1949, to the Occupied Palestinian Ter- Gravely concerned by various reports of the United Na- ritory, including East Jerusalem, and other Arab territories tions and the specialized agencies regarding the inordinate occupied by Israel since 1967, rates of unemployment, widespread poverty and severe hu- Stressing the importance of the revival of the Middle manitarian hardships, including food insecurity and a rise East peace process on the basis of Security Council resolu- in health-related problems, among the Palestinian people tions 242(1967), 338(1973), 425(1978) of 19 March 1978, in the Occupied Palestinian Territory, including East 1397(2002) of 12 March 2002, 1515(2003) of 19 Novem- Jerusalem, ber 2003 and 1544(2004) of 19 May 2004 and the princi- Commending the important work being done by the ple of land for peace as well as compliance with the agree- United Nations, the specialized agencies and the donor ments reached between the Government of Israel and the community in support of the economic and social devel- Palestine Liberation Organization, the representative of the opment of the Palestinian people, as well as the assistance Palestinian people, being provided in the humanitarian field, Reaffirming the principle of the permanent sovereignty Conscious of the urgent need for the reconstruction and of peoples under foreign occupation over their natural development of the economic and social infrastructure of resources, the Occupied Palestinian Territory, including East Jerusa- Convinced that the Israeli occupation has gravely im- lem, as well as the urgent need to address the dire humani- peded the efforts to achieve sustainable development and a tarian crisis facing the Palestinian people, sound economic environment in the Occupied Palestinian Recognizing the efforts being undertaken by the Pales- Territory, including East Jerusalem, and in the occupied Syrian Golan, tinian Authority, with international support, to rebuild, reform and strengthen its damaged institutions, and em- Gravely concerned about the deterioration of the eco- phasizing the need to preserve the Palestinian institutions nomic and living conditions of the Palestinian people in the and infrastructure, Occupied Palestinian Territory, including East Jerusalem, and of the Arab population of the occupied Syrian Golan Affirming that the Israeli occupation is a major obstacle and the exploitation by Israel, the occupying Power, of their to the economic and social development of the Occupied natural resources, Palestinian Territory, including East Jerusalem, and of the Gravely concerned also about the serious repercussions occupied Syrian Golan, on the economic and social conditions of the Palestinian Calling upon both parties to fulfil their obligations under people caused by Israel’s construction of the wall and its as- the road map in cooperation with the Quartet, sociated regime inside the Occupied Palestinian Territory, 1. Calls for the lifting of the severe restrictions imposed including in and around East Jerusalem, and the resulting on the Palestinian people, including those arising from the violation of their economic and social rights, including the repeated Israeli military operations, and for other urgent right to work, to health, to education and to an adequate measures to be taken to alleviate the desperate humanitar- standard of living, ian situation in the Occupied Palestinian Territory; 450 Political and security questions

2. Demands that Israel comply with the Protocol on General to the Palestine Liberation Organization and the Economic Relations between the Government of Israel and Palestinian Authority; the Palestine Liberation Organization signed in Paris on 29 12. Expresses its hope that the recently called for Middle April 1994, takes note, as a first step, of the partial transfer East peace conference will pave the way for the establish- by Israel of withheld Palestinian tax and customs revenues, ment of the independent Palestinian State; and reiterates its call for the immediate, complete and 13. Requests the Secretary-General to submit to the regular release of the remaining and future funds; General Assembly at its sixty-second session, through the 3. Stresses the need to preserve the national unity and Economic and Social Council, a report on the implementa- the territorial integrity of the Occupied Palestinian Terri- tion of the present resolution and to continue to include in tory, including East Jerusalem, and to guarantee the free- the report of the United Nations Special Coordinator an dom of movement of persons and goods in the Territory, update on the living conditions of the Palestinian people, including the removal of restrictions on going into and in collaboration with relevant United Nations agencies; from East Jerusalem, and the freedom of movement to and 14. Decides to include the item entitled “Economic and from the outside world; social repercussions of the Israeli occupation on the living 4. Calls upon Israel to restore and replace civilian prop- conditions of the Palestinian people in the Occupied Pal- erties, vital infrastructure, agricultural lands and govern- estinian Territory, including East Jerusalem, and the Arab mental institutions that have been damaged or destroyed as population in the occupied Syrian Golan” in the agenda of a result of its military operations in the Occupied Palestin- its substantive session of 2008. ian Territory; RECORDED VOTE ON RESOLUTION 2007/26: 5. Reiterates the call for the full implementation of the Agreement on Movement and Access of 15 Novem- In favour: Algeria, Barbados, Belarus, Benin, Bolivia, Cape Verde, China, Costa Rica, Cuba, El Salvador, Guinea, ber 2005, particularly the urgent reopening of Rafah and Guinea‑Bissau, Guyana, India, Indonesia, Iraq, Kazakhstan, Karni crossings, which is crucial to ensuring the passage Mauritania, Mexico, Pakistan, Paraguay, Philippines, Russian of foodstuffs and essential supplies, as well as the access of Federation, Saudi Arabia, Somalia, South Africa, Sri Lanka, the United Nations agencies to and within the Occupied Sudan, Thailand. Palestinian Territory; Against: Canada, United States. 6. Calls upon all parties to respect the rules of inter- Abstaining: Albania, Austria, Brazil, Czech Republic, national humanitarian law and to refrain from violence Denmark, France, Germany, Greece, Haiti, Iceland, Japan, against the civilian population in accordance with the Lithuania, Luxembourg, Netherlands, New Zealand, Portugal, Geneva Convention relative to the Protection of Civilian Romania, United Kingdom. Persons in Time of War, of 12 August 1949; 7. Reaffirms the inalienable right of the Palestinian On the same date (decision 2007/256), the Coun- people and the Arab population of the occupied Syrian Go- cil took note of the Secretary-General’s note transmit- lan to all their natural and economic resources, and calls ting the report prepared by escwa (see p. 448). upon Israel, the occupying Power, not to exploit, endanger or cause loss or depletion of those resources; GENERAL ASSEMBLY ACTION 8. Calls upon Israel, the occupying Power, to cease the dumping of all kinds of waste materials in the Occupied On 19 December [meeting 78], the General Assembly, Palestinian Territory, including East Jerusalem, and in the on the recommendation of the Second (Economic and occupied Syrian Golan, which gravely threaten their natu- Financial) Committee [A/62/415], adopted resolution ral resources, namely, water and land resources, and pose 62/181 by recorded vote (166-7-6) [agenda item 41]. an environmental hazard and health threat to the civilian populations; Permanent sovereignty of the Palestinian people in 9. Reaffirms that Israeli settlements in the Occupied the Occupied Palestinian Territory, including Palestinian Territory, including East Jerusalem, and the East Jerusalem, and of the Arab population in the occupied Syrian Golan, are illegal and an obstacle to eco- occupied Syrian Golan over their natural resources nomic and social development, and calls for the full imple- mentation of the relevant Security Council resolutions; The General Assembly, 10. Stresses that the wall being constructed at an ac- Recalling its resolution 61/184 of 20 December 2006, celerated pace by Israel in the Occupied Palestinian Terri- and taking note of Economic and Social Council resolution tory, including in and around East Jerusalem, is contrary to 2007/26 of 26 July 2007, international law and is isolating East Jerusalem and divid- Recalling also its resolutions 59/251 of 22 December ing up the West Bank and is seriously debilitating to the 2004 and 58/292 of 6 May 2004, economic and social development of the Palestinian people, Reaffirming the principle of the permanent sovereignty and calls in this regard for full compliance with the legal of peoples under foreign occupation over their natural obligations mentioned in the advisory opinion of the Inter- resources, national Court of Justice of 9 July 2004 and in Assembly Guided by the principles of the Charter of the United resolution ES‑10/15; Nations, affirming the inadmissibility of the acquisition of 11. Emphasizes the importance of the work of the or- territory by force, and recalling relevant Security Council ganizations and agencies of the United Nations and of the resolutions, including resolutions 242(1967) of 22 No- United Nations Special Coordinator for the Middle East vember 1967, 465(1980) of 1 March 1980 and 497(1981) Peace Process and Personal Representative of the Secretary- of 17 December 1981, Middle East 451

Recalling its resolution 2625(XXV) of 24 October Recalling the need to end all acts of violence, including 1970, acts of terror, provocation, incitement and destruction, Reaffirming the applicability of the Geneva Convention Taking note with appreciation of the note by the Secretary- relative to the Protection of Civilian Persons in Time of General transmitting the report prepared by the Economic War, of 12 August 1949, to the Occupied Palestinian and Social Commission for Western Asia on the economic Territory, including East Jerusalem, and other Arab ter- and social repercussions of the Israeli occupation on the ritories occupied by Israel since 1967, living conditions of the Palestinian people in the Occupied Recalling, in this regard, the International Covenant on Palestinian Territory, including East Jerusalem, and of the Civil and Political Rights and the International Covenant Arab population in the occupied Syrian Golan, on Economic, Social and Cultural Rights, and affirming 1. Reaffirms the inalienable rights of the Palestinian that these human rights instruments must be respected in people and the population of the occupied Syrian Golan the Occupied Palestinian Territory, including East Jerusa- over their natural resources, including land and water; lem, as well as in the occupied Syrian Golan, 2. Calls upon Israel, the occupying Power, not to exploit, Recalling also the advisory opinion rendered on 9 July damage, cause loss or depletion of, or endanger the natural 2004 by the International Court of Justice on the Legal resources in the Occupied Palestinian Territory, including Consequences of the Construction of a Wall in the Occupied East Jerusalem, and in the occupied Syrian Golan; Palestinian Territory, and recalling further its resolutions 3. Recognizes the right of the Palestinian people to ES-10/15 of 20 July 2004 and ES-10/17 of 15 December claim restitution as a result of any exploitation, damage, 2006, loss or depletion, or endangerment of their natural re- Expressing its concern at the exploitation by Israel, the sources resulting from illegal measures taken by Israel, the occupying Power, of the natural resources of the Occupied occupying Power, in the Occupied Palestinian Territory, Palestinian Territory, including East Jerusalem, and other including East Jerusalem, and expresses the hope that this Arab territories occupied by Israel since 1967, issue will be dealt with in the framework of the final status Expressing its grave concern at the extensive destruction negotiations between the Palestinian and Israeli sides; by Israel, the occupying Power, of agricultural land and 4. Stresses that the wall being constructed by Israel orchards in the Occupied Palestinian Territory, including in the Occupied Palestinian Territory, including in and the uprooting of a vast number of fruit-bearing trees, around East Jerusalem, is contrary to international law and Expressing its concern at the widespread destruction is seriously depriving the Palestinian people of their natural caused by Israel, the occupying Power, to vital infrastruc- resources, and calls in this regard for full compliance with ture, including water pipelines and sewage networks, in the the legal obligations mentioned in the 9 July 2004 advisory Occupied Palestinian Territory, which, inter alia, pollutes opinion of the International Court of Justice and in resolu- the environment and negatively affects the natural resources tion ES-10/15; of the Palestinian people, 5. Calls upon Israel, the occupying Power, to comply Aware of the detrimental impact of the Israeli settle- strictly with its obligations under international law, in- ments on Palestinian and other Arab natural resources, es- cluding international humanitarian law, with respect to pecially as a result of the confiscation of land and the forced the alteration of the character and status of the Occupied diversion of water resources, and of the dire socio-economic Palestinian Territory, including East Jerusalem; consequences in this regard, 6. Also calls upon Israel, the occupying Power, to cease Aware also of the detrimental impact on Palestinian nat- the dumping of all kinds of waste materials in the Occu- ural resources being caused by the unlawful construction pied Palestinian Territory, including East Jerusalem, and of the wall by Israel, the occupying Power, in the Occupied in the occupied Syrian Golan, which gravely threaten their Palestinian Territory, including in and around East Jeru- natural resources, namely the water and land resources, and salem, and of its grave effect on the natural resources and pose an environmental hazard and health threat to the economic and social conditions of the Palestinian people, civilian populations; Reaffirming the need for the immediate resumption of 7. Further calls upon Israel to cease its destruction of negotiations within the Middle East peace process, on the vital infrastructure, including water pipelines and sewage basis of Security Council resolutions 242(1967), 338(1973) networks, which, inter alia, has a negative impact on the of 22 October 1973, 425(1978) of 19 March 1978 and natural resources of the Palestinian people; 1397(2002) of 12 March 2002, the principle of land for 8. Requests the Secretary-General to report to it at its peace, the Quartet performance-based road map to a per- sixty-third session on the implementation of the present manent two-State solution to the Israeli-Palestinian con- resolution, and decides to include in the provisional agenda flict, as endorsed by the Security Council in its resolution of its sixty-third session the item entitled “Permanent sover- 1515(2003) of 19 November 2003, and the Arab Peace eignty of the Palestinian people in the Occupied Palestin- Initiative for the achievement of a final settlement on all ian Territory, including East Jerusalem, and of the Arab tracks, population in the occupied Syrian Golan over their natural Noting the Israeli withdrawal from within the Gaza Strip resources”. and parts of the northern West Bank and the importance of RECORDED VOTE ON RESOLUTION 62/181: the dismantlement of settlements therein as a step towards In favour: Afghanistan, Albania, Algeria, Andorra, Angola, the implementation of the road map, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbai- Stressing the need for respect and preservation of the ter- jan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Bel- ritorial unity, contiguity and integrity of all of the Occu- gium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, pied Palestinian Territory, including East Jerusalem, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, 452 Political and security questions

Burundi, Cambodia, Cape Verde, Central African Republic, property and infrastructure. They faced the financial Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, embargo imposed by Israel and the international com- Croatia, Cuba, Cyprus, Czech Republic, Democratic Peo- munity, harsher mobility restrictions for persons and ple’s Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecua- goods, and other forms of collective punishment. The dor, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, situation in the Gaza Strip was particularly serious and France, Gabon, Georgia, Germany, Ghana, Greece, Guate- risked deteriorating further if that part of the Occu- mala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, pied Palestinian Territory remained cut off from the India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, rest of the world. Contrary to international law, the Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s construction of the separation wall continued una- Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, bated, and settlements and bypass roads continued to Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, expand. An additional 200 km of the separation wall Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, had been built since the International Court of Justice Mozambique, Myanmar, Namibia, Nepal, Netherlands, New (icj) rendered its advisory opinion on the Legal Con- Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, sequences of the Construction of a Wall in the Occupied Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Palestinian Territory in July 2004 . Republic of Korea, Romania, Russian Federation, Saint Kitts [YUN 2004, p. 465] and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sa- Although most Palestinians were not very hopeful moa, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, about the possibility for improvement in the human Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, rights situation, some voiced the hope that the interna- Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Swit- tional community would break its silence and act more zerland, Syrian Arab Republic, Tajikistan, Thailand, The former resolutely to urge Israel to respect international law and Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad comply with its legal obligations. and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of The Special Committee urged the General Assem- Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, bly to consider innovative ways to fulfil its respon- Zambia, Zimbabwe. sibility with respect to all aspects of the question of Against: Australia, Canada, Israel, Marshall Islands, Palestine until it was resolved in conformity with rel- Micronesia, Palau, United States. evant UN resolutions and the norms of international Abstaining: Cameroon, Côte d’Ivoire, Fiji, Nauru, Tonga, law, and the inalienable rights of the Palestinians were Vanuatu. fully realized. To that end, the Committee also urged the Assembly to provide it with a renewed mandate Other aspects that was in line with the realities on the ground. It Special Committee on Israeli Practices requested the Security Council to ensure implementa- tion of the icj advisory opinion and Assembly reso- In response to General Assembly resolution 61/116 lution ES-10/15 requesting Israel to comply with its [Y UN 2006, p. 541], the Special Committee to Investigate legal obligations to cease the construction of the wall Israeli Practices Affecting the Human Rights of the in the occupied territories, including in and around Palestinian People and Other Arabs of the Occupied East Jerusalem; dismantle the segments of the wall Territories, in September, reported for the thirty-ninth already built; repeal all legislative and regulatory acts time to the Assembly on events and the human rights adopted in view of the construction of the wall; and situation in the territories it considered occupied— make reparation for the damage arising from such the Golan Heights, the West Bank, including East construction. The Council should also consider in- Jerusalem, and the Gaza Strip [A/62/360]. The report stituting sanctions against Israel if it continued to was based on information gathered during the Special ignore its international obligations; ensure that other Committee’s mission to Egypt, Jordan and the Syrian States were not taking actions to assist in any way the Arab Republic (21 July–4 August). In those countries, construction of the wall; and encourage members of the Special Committee met with witnesses represent- the Quartet to fully implement the road map in such ing Palestinian ngos from the occupied territories and a way as to achieve a comprehensive, just and lasting Israeli ngos, as well as individuals from Syria. As in settlement of the conflict. the past, the Committee was not authorized by Israel The Committee called on Israel to, among other to visit the occupied territories, which had been the things, recognize the applicability of the 1949 Ge- case since 1968, when the Committee was established neva Convention relative to the Protection of Civilian [YUN 1968, p. 556]. Persons in Time of War (Fourth Geneva Convention) The Special Committee observed that the serious in the occupied territories and distinguish in all cir- deterioration of the human rights situation in the Oc- cumstances between military objectives and civilian cupied Palestinian Territory arose from the Israeli oc- persons and objects; cease its policies of excessive use cupation. Palestinians suffered from different types of of force and extrajudicial killings of Palestinians, con- Israeli military action, which had resulted in consid- fiscation of Palestinian land and expansion of Jewish erable loss of life and injuries, as well as damage to settlements in the Occupied Palestinian Territory; re- Middle East 453 store freedom of movement for the Palestinian popu- Israeli practices affecting the human rights of the lation by lifting road closures, roadblocks and other Palestinian people in the Occupied Palestinian impediments, such as checkpoints, and stop building Territory, including East Jerusalem roads accessible only to Israeli settlers and preventing The General Assembly, easy access to Palestinians; facilitate and implement Recalling its relevant resolutions, including resolution the reopening of the Gaza airport and seaport; stop 61/119 of 14 December 2006, as well as those adopted at construction of the separation wall between Israel and its tenth emergency special session, the occupied territories; stop mass arrests and arbi- Recalling also the relevant resolutions of the Commission trary detentions; and implement its obligations set on Human Rights and the Human Rights Council, forth in the road map, withdraw its military presence Bearing in mind the relevant resolutions of the Security Council, and stressing the need for their implementation, from the Occupied Palestinian Territory and end its Having considered the report of the Special Committee occupation of the Syrian Golan. to Investigate Israeli Practices Affecting the Human Rights The pa should, among other things, abide by the of the Palestinian People and Other Arabs of the Occupied relevant provisions of human rights law and interna- Territories and the report of the Secretary-General, tional law; restore the rule of law in areas under its Taking note of the recent reports of the Special Rapporteur control; comply with the requirements of the road of the Human Rights Council on the situation of human map; and arrest and bring to justice those responsible rights in the Palestinian territories occupied since 1967, for planning or perpetrating indiscriminate attacks Recalling the advisory opinion rendered on 9 July 2004 against civilians. by the International Court of Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and The Committee urged concerned civil society ES-10/17 of 15 December 2006, groups and diplomatic, academic and research asso- Noting in particular the Court’s reply, including that the ciations to use their goodwill and influence to make construction of the wall being built by Israel, the occupying the human rights and humanitarian crisis of Pales- Power, in the Occupied Palestinian Territory, including in tinians widely know by all available means. It also and around East Jerusalem, and its associated regime are commended and encouraged the efforts of Israeli contrary to international law, ngos made on behalf of Palestinian human rights Recalling the International Covenant on Civil and Po- and considered that the work of those organizations litical Rights, the International Covenant on Economic, should receive better recognition from relevant Israeli Social and Cultural Rights and the Convention on the Rights of the Child, and affirming that these human rights institutions. instruments must be respected in the Occupied Palestinian Report of Secretary-General. On 12 September Territory, including East Jerusalem, [A/62/334], the Secretary-General informed the Gen- Aware of the responsibility of the international com- eral Assembly that Israel had not replied to his May munity to promote human rights and ensure respect for request for information on steps taken or envisaged international law, and recalling in this regard its resolution 2625(XXV) of 24 October 1970, to implement Assembly resolution 61/119 [YUN 2006, Reaffirming the principle of the inadmissibility of the p. 538] demanding that Israel, among other things, cease all practices and actions that violated the human acquisition of territory by force, Reaffirming alsothe applicability of the Geneva Conven- rights of the Palestinian people, and condemning all tion relative to the Protection of Civilian Persons in Time of acts of terror, provocation, incitement and destruction, War, of 12 August 1949, to the Occupied Palestinian Ter- especially the excessive use of force by Israeli forces ritory, including East Jerusalem, and other Arab territories against Palestinian civilians. occupied by Israel since 1967, Report of Special Rapporteur. The Special Rap- Reaffirming further the obligation of the States parties porteur on the situation of human rights in the Pales- to the Fourth Geneva Convention under articles 146, 147 tinian territories occupied by Israel since 1967, John and 148 with regard to penal sanctions, grave breaches and Dugard, submitted reports on the situation of human responsibilities of the High Contracting Parties, rights in the Occupied Palestinian Territory to the Hu- Reaffirming that all States have the right and the duty to take actions in conformity with international law and man Rights Council at its 2007 session [A /HRC/5/11] international humanitarian law to counter deadly acts of and, through the Secretary-General, to the General violence against their civilian population in order to protect Assembly [A/62/275] (see pp. 825 and 827). the lives of their citizens, Stressing the need for full compliance with the Israeli- GENERAL ASSEMBLY ACTION Palestinian agreements reached within the context of the Middle East peace process, including the Sharm el-Sheikh On 17 December [meeting 75], the General Assem- understandings, and the implementation of the Quartet bly, on the recommendation of the Fourth (Special road map to a permanent two-State solution to the Israeli- Political and Decolonization) Committee [A/62/405], Palestinian conflict, adopted resolution 62/109 by recorded vote (156- Stressing also the need for the full implementation of the 7-11) [agenda item 33]. Agreement on Movement and Access and the Agreed Prin- 454 Political and security questions ciples for the Rafah Crossing, both of 15 November 2005, to about the ill treatment and harassment of any Palestinian allow for the freedom of movement of the Palestinian civil- prisoners and all reports of torture, ian population within and into and out of the Gaza Strip, Convinced of the need for an international presence to Noting the Israeli withdrawal from within the Gaza Strip monitor the situation, to contribute to ending the violence and parts of the northern West Bank and the importance of and protecting the Palestinian civilian population and to the dismantlement of settlements therein as a step towards help the parties implement the agreements reached and, the implementation of the road map, in this regard, recalling the positive contribution of the Expressing grave concern about the continuing systematic Temporary International Presence in Hebron, violation of the human rights of the Palestinian people by 1. Reiterates that all measures and actions taken by Israel, the occupying Power, including that arising from Israel, the occupying Power, in the Occupied Palestinian the excessive use of force, the use of collective punishment, Territory, including East Jerusalem, in violation of the rel- the reoccupation and closure of areas, the confiscation of evant provisions of the Geneva Convention relative to the land, the establishment and expansion of settlements, the Protection of Civilian Persons in Time of War, of 12 Au- construction of the wall inside the Occupied Palestinian gust 1949, and contrary to the relevant resolutions of the Territory in departure from the Armistice Line of 1949, the Security Council, are illegal and have no validity; destruction of property and infrastructure, and all other 2. Demands that Israel, the occupying Power, comply actions by it designed to change the legal status, geographi- fully with the provisions of the Fourth Geneva Convention cal nature and demographic composition of the Occupied of 1949 and cease immediately all measures and actions Palestinian Territory, including East Jerusalem, taken in violation and in breach of the Convention, includ- Gravely concerned about the military actions that have ing all of its settlement activities and the construction of been carried out since 28 September 2000 and that have led the wall in the Occupied Palestinian Territory, including to thousands of deaths among Palestinian civilians, includ- in and around East Jerusalem; ing hundreds of children, and tens of thousands of injuries, 3. Condemns all acts of violence, including all acts of Expressing deep concern about the continuing deteriora- terror, provocation, incitement and destruction, especially tion in the humanitarian and security situation in the Gaza the excessive use of force by the Israeli occupying forces Strip, including that resulting from the Israeli military ac- against Palestinian civilians, which have caused extensive tions against civilian areas, air raids and the prolonged clo- loss of life and vast numbers of injuries, including among sure of crossings into and out of the Gaza Strip, as well as children, massive destruction of homes, properties, agricul- from the firing of rockets into Israel and the negative impact tural lands and vital infrastructure, and internal displace- of the events of June 2007 leading to the unlawful takeover ment of civilians; of Palestinian Authority institutions in the Gaza Strip, 4. Expresses grave concern at the firing of rockets against Expressing deep concern also about the vast destruction Israeli civilian areas resulting in loss of life and injury; caused by the Israeli occupying forces, including of reli- 5. Notes the Israeli withdrawal from within the Gaza gious, cultural and historical sites, of vital infrastructure Strip and parts of the northern West Bank and the dis- and institutions of the Palestinian Authority, and of agri- mantlement of the settlements therein as a step towards the cultural land throughout Palestinian cities, towns, villages implementation of the road map; and refugee camps, and expressing deep concern about the short- and long-term detrimental impact of such destruc- 6. Calls upon Israel, the occupying Power, in this re- tion on the socio-economic and humanitarian conditions gard, to comply strictly with its obligations under interna- of the Palestinian civilian population, tional law, including international humanitarian law, with Expressing deep concern further about the Israeli policy respect to the alteration of the character and status of the of closures, severe restrictions, and a permit regime that Occupied Palestinian Territory, including East Jerusalem; obstruct the movement of persons and goods, including 7. Demands that Israel, the occupying Power, cease all medical and humanitarian personnel and goods, through- practices and actions that violate the human rights of the out the Occupied Palestinian Territory, including East Palestinian people, including the extrajudicial executions, Jerusalem, and about the consequent violation of the hu- and that it respect human rights law and comply with its man rights of the Palestinian people and negative impact legal obligations in this regard; on their socio-economic situation, which remains that of 8. Calls upon Israel, the occupying Power, to release all a dire humanitarian crisis, remaining tax revenues due to the Palestinian Authority, in Concerned in particular about the continued establish- accordance with the Paris Economic Protocol of 1994, to ment of Israeli checkpoints in the Occupied Palestinian cease its imposition of closures and restrictions on move- Territory, including East Jerusalem, and the transforma- ment, and, in this regard, to implement the Agreement on tion of several of these checkpoints into structures akin to Movement and Access and the Agreed Principles for the permanent border crossings inside the Occupied Palestin- Rafah Crossing, both of 15 November 2005; ian Territory, which are severely impairing the territorial 9. Acknowledges the role the Temporary International contiguity of the Territory and severely undermining efforts Mechanism has played in assisting the Palestinian people and aid aimed at rehabilitating and developing the Palestin- directly; ian economy, 10. Urges Member States to continue to provide emer- Expressing deep concern that thousands of Palestinians, gency assistance to the Palestinian people to alleviate the including hundreds of children and women, continue to be financial crisis and the dire socio-economic and humani- held in Israeli prisons or detention centres under harsh con- tarian situation being faced by the Palestinian people, par- ditions that impair their well-being, and expressing concern ticularly in the Gaza Strip; Middle East 455

11. Emphasizes the need to preserve the Palestinian in- By resolution 62/83 of 10 December, the Assembly stitutions and infrastructure for the provision of vital public reaffirmed the right of the Palestinian people to self- services to the Palestinian civilian population and the pro- determination, including the right to their State, and motion of Palestinian civil, political, economic, social and urged all States and UN specialized agencies and or- cultural rights; ganizations to support the Palestinian people in their 12. Demands that Israel, the occupying Power, comply quest for self-determination (see p. 462). with its legal obligations under international law, as men- tioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice and as demanded in Work of Special Committee resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 In a September report [A/62/330], the Secretary- October 2003, and that it immediately cease the construc- General stated that the Special Committee met in Geneva tion of the wall in the Occupied Palestinian Territory, in- from 19 to 23 March to review its work and made plans for cluding in and around East Jerusalem, dismantle forthwith its field visit to the Middle East (see p. 452). Pursuant to the structure situated therein, repeal or render ineffective General Assembly resolution 61/116 [YUN 2006, p. 541], all legislative and regulatory acts relating thereto, and make the UN Department of Public Information continued to reparation for all damage caused by the construction of the wall, which has gravely impacted the human rights and the disseminate information on the Committee’s activities. socio-economic living conditions of the Palestinian people; 13. Stresses the need for respect for the unity and territo- GENERAL ASSEMBLY ACTION rial contiguity and integrity of all of the Occupied Palestin- On 17 December [meeting 75], the General Assem- ian Territory and for guarantees of the freedom of move- bly, on the recommendation of the Fourth Commit- ment of persons and goods within the Palestinian territory, tee [A/62/405], adopted resolution 62/106 by recorded including movement into and from East Jerusalem, into and vote (93-8-74) . from the Gaza Strip, and to and from the outside world; [agenda item 33] 14. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the imple- Work of the Special Committee to Investigate mentation of the present resolution. Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs RECORDED VOTE ON RESOLUTION 62/109: of the Occupied Territories In favour: Afghanistan, Albania, Algeria, Andorra, Angola, The General Assembly Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, , Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Guided by the purposes and principles of the Charter of Belize, Benin, Bhutan, Bosnia and Herzegovina, Botswana, the United Nations, Brazil, Brunei Darussalam, Bulgaria, Burundi, Cambodia, Guided also by international humanitarian law, in par- Cape Verde, Central African Republic, Chile, China, Colom- ticular the Geneva Convention relative to the Protection of bia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Civilian Persons in Time of War, of 12 August 1949, as well Czech Republic, Democratic People’s Republic of Korea, Den- as international standards of human rights, in particular mark, Djibouti, Dominica, Dominican Republic, Ecuador, the Universal Declaration of Human Rights and the Inter- Egypt, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Ga- national Covenants on Human Rights, bon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Recalling its relevant resolutions, including resolutions Guinea, Guyana, Haiti, Hungary, Iceland, India, Indonesia, 2443(XXIII) of 19 December 1968 and 61/116 of 14 De- Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, cember 2006, and the relevant resolutions of the Commis- Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, sion on Human Rights and the Human Rights Council, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Recalling also the relevant resolutions of the Security Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Council, Montenegro, Morocco, Mozambique, Myanmar, Netherlands, Taking into account the advisory opinion rendered on New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pa- 9 July 2004 by the International Court of Justice on the kistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Legal Consequences of the Construction of a Wall in the Oc- Qatar, Republic of Korea, Romania, Russian Federation, Saint cupied Palestinian Territory, and recalling in this regard Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, General Assembly resolution ES-10/15 of 20 July 2004, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, Convinced that occupation itself represents a gross and Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, grave violation of human rights, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Repub- Gravely concerned about the continuing detrimental im- lic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, pact of the events that have taken place since 28 Septem- Tunisia, Turkey, Turkmenistan, Tuvalu, Ukraine, United Arab ber 2000, including the excessive use of force by the Israeli Emirates, United Kingdom, United Republic of Tanzania, occupying forces against Palestinian civilians, resulting in Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, thousands of deaths and injuries, the widespread destruc- Zimbabwe. tion of property and vital infrastructure and the internal Against: Australia, Canada, Israel, Marshall Islands, displacement of civilians, Micronesia, Nauru, Palau. Having considered the report of the Special Committee to Abstaining: Cameroon, Côte d’Ivoire, Democratic Republic Investigate Israeli Practices Affecting the Human Rights of of the Congo, El Salvador, Equatorial Guinea, Honduras, the Palestinian People and Other Arabs of the Occupied Ter- Papua New Guinea, Tonga, Uganda, United States, Vanuatu. ritories and the relevant reports of the Secretary-General, 456 Political and security questions

Recalling the Declaration of Principles on Interim Self- activities and findings, by all means available, through the Government Arrangements of 13 September 1993 and the Department of Public Information of the Secretariat and, subsequent implementation agreements between the Pales- where necessary, to reprint those reports of the Special tinian and Israeli sides, Committee that are no longer available; Expressing the hope that the Israeli occupation will be (e) To report to the General Assembly at its sixty-third ses- brought to an early and complete end and that therefore sion on the tasks entrusted to him in the present resolution; the violation of the human rights of the Palestinian people 9. Decides to include in the provisional agenda of its will cease, and recalling in this regard its resolution 58/292 sixty-third session the item entitled “Report of the Special of 6 May 2004, Committee to Investigate Israeli Practices Affecting the 1. Commends the Special Committee to Investigate Human Rights of the Palestinian People and Other Arabs Israeli Practices Affecting the Human Rights of the Pales- of the Occupied Territories”. tinian People and Other Arabs of the Occupied Territories for its efforts in performing the tasks assigned to it by the RECORDED VOTE ON RESOLUTION 62/106: General Assembly and for its impartiality; In favour: Afghanistan, Algeria, Angola, Antigua and Bar- buda, Armenia, Austria, Azerbaijan, Bahrain, Bangladesh, Reiterates its demand 2. that Israel, the occupying Barbados, Belarus, Belize, Benin, Bhutan, Botswana, Brazil, Power, cooperate, in accordance with its obligations as Brunei Darussalam, Burkina Faso, Cambodia, Cape Verde, a State Member of the United Nations, with the Special Central African Republic, Chile, China, Comoros, Congo, Committee in implementing its mandate; Cuba, Democratic People’s Republic of Korea, Djibouti, Domi- 3. Deplores those policies and practices of Israel that nica, Dominican Republic, Ecuador, Egypt, Eritrea, Gabon, violate the human rights of the Palestinian people and other Gambia, Ghana, Guinea, Guyana, Haiti, India, Indonesia, Arabs of the occupied territories, as reflected in the report of Iran, Iraq, Jamaica, Jordan, Kuwait, Kyrgyzstan, Lao People’s the Special Committee covering the reporting period; Democratic Republic, Lebanon, Lesotho, Libyan Arab Jama- 4. Expresses grave concern about the critical situation in hiriya, Malawi, Malaysia, Maldives, Mali, Mauritania, Mau- the Occupied Palestinian Territory, including East Jerusalem, ritius, Morocco, Mozambique, Myanmar, Nicaragua, Niger, since 28 September 2000, as a result of unlawful Israeli prac- Nigeria, Oman, Pakistan, Qatar, Saint Kitts and Nevis, Saint tices and measures, and especially condemns all illegal Israeli Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sen- settlement activities and the construction of the wall, as well egal, Singapore, Somalia, South Africa, Sri Lanka, Sudan, Suri- as the excessive and indiscriminate use of force against the name, Syrian Arab Republic, Tajikistan, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab civilian population, including extrajudicial executions; Emirates, United Republic of Tanzania, Uzbekistan, Venezuela, 5. Requests the Special Committee, pending complete Viet Nam, Yemen, Zambia, Zimbabwe. termination of the Israeli occupation, to continue to investi- Against: Australia, Canada, Israel, Marshall Islands, gate Israeli policies and practices in the Occupied Palestinian Micronesia, Nauru, Palau, United States. Territory, including East Jerusalem, and other Arab territories Abstaining: Albania, Andorra, Argentina, Bahamas, Bel- occupied by Israel since 1967, especially Israeli violations of gium, Bosnia and Herzegovina, Bulgaria, Cameroon, Colom- the Geneva Convention relative to the Protection of Civilian bia, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Repub- Persons in Time of War, of 12 August 1949, and to consult, lic, Democratic Republic of the Congo, Denmark, El Salvador, as appropriate, with the International Committee of the Red Equatorial Guinea, Estonia, Ethiopia, Fiji, Finland, France, Cross according to its regulations in order to ensure that the Georgia, Germany, Greece, Guatemala, Honduras, Hungary, welfare and human rights of the peoples of the occupied ter- Iceland, Ireland, Italy, Japan, Kazakhstan, Latvia, Liechten- ritories are safeguarded and to report to the Secretary-General stein, Lithuania, Luxembourg, Malta, Mexico, Moldova, as soon as possible and whenever the need arises thereafter; Monaco, Mongolia, Montenegro, Netherlands, New Zea- 6. Also requests the Special Committee to submit regu- land, Norway, Panama, Papua New Guinea, Paraguay, Peru, larly to the Secretary-General periodic reports on the cur- Philippines, Poland, Portugal, Republic of Korea, Romania, rent situation in the Occupied Palestinian Territory, includ- Russian Federation, Samoa, San Marino, Serbia, Slovakia, Slo- ing East Jerusalem; venia, Solomon Islands, Spain, Sweden, Switzerland, Thailand, The former Yugoslav Republic of Macedonia, Tonga, Tuvalu, 7. Further requests the Special Committee to continue Ukraine, United Kingdom, Uruguay, Vanuatu. to investigate the treatment of the thousands of prisoners and detainees in the Occupied Palestinian Territory, in- cluding East Jerusalem, and other Arab territories occupied Fourth Geneva Convention by Israel since 1967; Report of Secretary-General. In a September 8. Requests the Secretary-General: report [A/62/332], the Secretary-General informed the (a) To provide the Special Committee with all neces- General Assembly that Israel had not replied to his sary facilities, including those required for its visits to the May request for information on steps taken or envis- occupied territories, so that it may investigate Israeli poli- aged to implement Assembly resolution 61/117 cies and practices referred to in the present resolution; [YUN (b) To continue to make available such staff as may be 2006, p. 543] demanding that Israel accept the de jure necessary to assist the Special Committee in the perform- applicability of the 1949 Geneva Convention relative ance of its tasks; to the Protection of Civilian Persons in Time of War (c) To circulate regularly to Member States the peri- (Fourth Geneva Convention) to the Occupied Pales- odic reports mentioned in paragraph 6 above; tinian Territory, including East Jerusalem, and other (d) To ensure the widest circulation of the reports of Arab territories, and that it comply scrupulously with the Special Committee and of information regarding its its provisions. The Secretary-General said that three Middle East 457

Member States had replied to his May request that according to article 1 common to the four Geneva Conven- Governments inform him of any steps they had taken, tions, aimed at ensuring respect for the Convention, or envisaged taking, concerning the implementation of Stressing that Israel, the occupying Power, should comply the relevant provisions of the resolution. strictly with its obligations under international law, includ- ing international humanitarian law, The High Contracting Parties to the Fourth Geneva 1. Reaffirms that the Geneva Convention relative to Convention had ratified the applicability of the Conven- the Protection of Civilian Persons in Time of War, of 12 tion to the Occupied Palestinian Territory at meetings in August 1949, is applicable to the Occupied Palestinian Ter- 1999 [YUN 1999, p. 415] and in 2001 [YUN 2001, p. 425]. ritory, including East Jerusalem, and other Arab territories occupied by Israel since 1967; GENERAL ASSEMBLY ACTION 2. Demands that Israel accept the de jure applicability of the Convention in the Occupied Palestinian Territory, On 17 December [meeting 75], the General Assem- including East Jerusalem, and other Arab territories occu- bly, on the recommendation of the Fourth Commit- pied by Israel since 1967, and that it comply scrupulously tee [A/62/405], adopted resolution 62/107 by recorded with the provisions of the Convention; vote (169-6-3) [agenda item 33]. 3. Calls upon all High Contracting Parties to the Convention, in accordance with article 1 common to the Applicability of the Geneva Convention relative four Geneva Conventions and as mentioned in the advi- sory opinion of the International Court of Justice of 9 July to the Protection of Civilian Persons in Time 2004, to continue to exert all efforts to ensure respect for its of War, of 12 August 1949, to the Occupied provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, Palestinian Territory, including East Jerusalem, and other and the other occupied Arab territories Arab territories occupied by Israel since 1967; The General Assembly, 4. Reiterates the need for speedy implementation of Recalling its relevant resolutions, including its resolution the relevant recommendations contained in the resolutions 61/117 of 14 December 2006, adopted by the General Assembly at its tenth emergency Recalling also its resolution ES-10/15 of 20 July 2004, special session, including resolution ES-10/15, with regard Bearing in mind the relevant resolutions of the Security to ensuring respect by Israel, the occupying Power, for the Council, provisions of the Convention; Recalling the Regulations annexed to the Hague Con- 5. Requests the Secretary-General to report to the vention IV of 1907, the Geneva Convention relative to General Assembly at its sixty-third session on the imple- the Protection of Civilian Persons in Time of War, of 12 mentation of the present resolution. August 1949, and relevant provisions of customary law, RECORDED VOTE ON RESOLUTION 62/107: including those codified in Additional Protocol I to the In favour: Afghanistan, Albania, Algeria, Andorra, Angola, four Geneva Conventions, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbai- Having considered the report of the Special Committee to jan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Bel- Investigate Israeli Practices Affecting the Human Rights of gium, Belize, Benin, Bhutan, Bosnia and Herzegovina, Bot- the Palestinian People and Other Arabs of the Occupied Ter- swana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, ritories and the relevant reports of the Secretary-General, Burundi, Cambodia, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Considering that the promotion of respect for the obliga- Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic Peo- tions arising from the Charter of the United Nations and ple’s Republic of Korea, Democratic Republic of the Congo, other instruments and rules of international law is among Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, the basic purposes and principles of the United Nations, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethio- Recalling the advisory opinion rendered on 9 July 2004 pia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, by the International Court of Justice, and also recalling Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, General Assembly resolution ES-10/15, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Noting in particular Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao the Court’s reply, including that the People’s Democratic Republic, Latvia, Lebanon, Lesotho, Lib- Fourth Geneva Convention is applicable in the Occupied Pal- yan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, estinian Territory, including East Jerusalem, and that Israel is Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mau- in breach of several of the provisions of the Convention, ritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Noting the convening, on 15 July 1999, of a Confer- Morocco, Mozambique, Myanmar, Nepal, Netherlands, New ence of High Contracting Parties to the Fourth Geneva Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Convention on measures to enforce the Convention in the Panama, Papua New Guinea, Paraguay, Peru, Philippines, Po- Occupied Palestinian Territory, including East Jerusalem, land, Portugal, Qatar, Republic of Korea, Romania, Russian and to ensure respect thereof in accordance with article 1 Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent common to the four Geneva Conventions, and stressing the and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, Soma- importance of the Declaration adopted by the reconvened lia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Conference on 5 December 2001 and the need for the par- Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The ties to follow up the implementation of the Declaration, former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Welcoming and encouraging the initiatives by States par- Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, ties to the Convention, both individually and collectively, Tuvalu, Uganda, Ukraine, United Arab Emirates, United King- 458 Political and security questions

dom, United Republic of Tanzania, Uruguay, Uzbekistan, Taking note of the recent report of the Special Rapporteur of Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. the Human Rights Council on the situation of human rights Against: Israel, Marshall Islands, Micronesia, Nauru, Palau, in the Palestinian territories occupied by Israel since 1967, United States. Recalling the Declaration of Principles on Interim Abstaining: Australia, Cameroon, Côte d’Ivoire. Self-Government Arrangements of 13 September 1993 and the subsequent implementation agreements between Israeli settlements the Palestinian and Israeli sides, Recalling also the Quartet road map to a permanent two- Report of Secretary-General. On 12 Septem- State solution to the Israeli-Palestinian conflict, and noting ber [A/62/333], the Secretary-General informed the specifically its call for a freeze on all settlement activity, General Assembly that Israel had not replied to his Aware that Israeli settlement activities involve, inter alia, May request for information on steps taken or envis- the transfer of nationals of the occupying Power into the aged to implement the relevant provisions of resolu- occupied territories, the confiscation of land, the exploita- tion 61/118 [YUN 2006, p. 544] demanding that Israel, tion of natural resources and other illegal actions against among other things, cease all construction of the wall the Palestinian civilian population, and new settlements in the Occupied Palestinian Bearing in mind the detrimental impact of Israeli settle- Territory, including East Jerusalem. ment policies, decisions and activities on efforts to achieve peace in the Middle East, Expressing grave concern about the continuation by Israel, GENERAL ASSEMBLY ACTION the occupying Power, of settlement activities in the Oc- On 17 December [meeting 75], the General Assem- cupied Palestinian Territory, in violation of international bly, on the recommendation of the Fourth Commit- humanitarian law, relevant United Nations resolutions and tee [A/62/405], adopted resolution 62/108 by recorded the agreements reached between the parties, and concerned vote (165-7-5) [agenda item 33]. particularly about Israel’s construction and expansion of settlements in and around Occupied East Jerusalem, in- cluding its so-called E-1 plan, aimed at connecting its ille- Israeli settlements in the Occupied gal settlements around and further isolating Occupied East Palestinian Territory, including East Jerusalem, Jerusalem, and in the Jordan Valley, and the occupied Syrian Golan Expressing grave concern also about the continuing unlawful The General Assembly, construction by Israel of the wall inside the Occupied Pal- Guided by the principles of the Charter of the United estinian Territory, including in and around East Jerusalem, Nations, and affirming the inadmissibility of the acquisi- and expressing its concern in particular about the route of the tion of territory by force, wall in departure from the Armistice Line of 1949, which is Recalling its relevant resolutions, including resolution causing serious humanitarian hardship and a serious decline 61/118 of 14 December 2006, as well as those resolutions of socio-economic conditions for the Palestinian people, is adopted at its tenth emergency special session, fragmenting the territorial contiguity of the Palestinian Ter- Recalling also relevant Security Council resolutions, ritory and could prejudge future negotiations and make the including resolutions 242(1967) of 22 November 1967, two-State solution physically impossible to implement, 446(1979) of 22 March 1979, 465(1980) of 1 March 1980, Deeply concerned that the wall’s route has been traced 476(1980) of 30 June 1980, 478(1980) of 20 August 1980, in such a way as to include the great majority of the Israeli 497(1981) of 17 December 1981 and 904(1994) of 18 settlements in the Occupied Palestinian Territory, includ- March 1994, ing East Jerusalem, Reaffirming the applicability of the Geneva Convention Reiterating its opposition to settlement activities in the Oc- relative to the Protection of Civilian Persons in Time of War, cupied Palestinian Territory, including East Jerusalem, and of 12 August 1949, to the Occupied Palestinian Territory, in- in the occupied Syrian Golan and to any activities involving cluding East Jerusalem, and to the occupied Syrian Golan, the confiscation of land, the disruption of the livelihood of Considering that the transfer by the occupying Power protected persons and the de facto annexation of land, of parts of its own civilian population into the territory it Recalling the need to end all acts of violence, including occupies constitutes a breach of the Fourth Geneva Con- acts of terror, provocation, incitement and destruction, vention and relevant provisions of customary law, including Gravely concerned about the dangerous situation result- those codified in Additional Protocol I to the four Geneva ing from violent actions taken by the illegal armed Israeli Conventions, settlers in the occupied territory, Recalling the advisory opinion rendered on 9 July 2004 Noting the Israeli withdrawal from within the Gaza Strip by the International Court of Justice on the Legal Conse- and parts of the northern West Bank and the importance quences of the Construction of a Wall in the Occupied Pal- of the dismantlement of the settlements therein as a step estinian Territory, and recalling also General Assembly towards the implementation of the road map, resolutions ES-10/15 of 20 July 2004 and ES-10/17 of Taking note of the relevant reports of the Secretary- 15 December 2006, General, Noting that the International Court of Justice concluded 1. Reaffirmsthat the Israeli settlements in the Palestin- that “the Israeli settlements in the Occupied Palestinian ian territory, including East Jerusalem, and in the occupied Territory (including East Jerusalem) have been established Syrian Golan are illegal and an obstacle to peace and eco- in breach of international law”, nomic and social development; Middle East 459

2. Calls upon Israel to accept the de jure applicability of Papua New Guinea, Paraguay, Peru, Philippines, Poland, Por- the Geneva Convention relative to the Protection of Civil- tugal, Qatar, Republic of Korea, Romania, Russian Federa- ian Persons in Time of War, of 12 August 1949, to the Oc- tion, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the cupied Palestinian Territory, including East Jerusalem, and Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, to the occupied Syrian Golan and to abide scrupulously by Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South the provisions of the Convention, in particular article 49; Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzer- land, Syrian Arab Republic, Tajikistan, Thailand, The former 3. Notes the Israeli withdrawal from within the Gaza Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad Strip and parts of the northern West Bank and the impor- and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, tance of the dismantlement of the settlements therein as a Ukraine, United Arab Emirates, United Kingdom, United step towards the implementation of the road map and the Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet need for the parties to speedily resolve all remaining issues Nam, Yemen, Zambia, Zimbabwe. in the Gaza Strip; Against: Australia, Israel, Marshall Islands, Micronesia, 4. Calls upon Israel, the occupying Power, to comply Nauru, Palau, United States. strictly with its obligations under international law, in- Abstaining: Angola, Cameroon, Côte d’Ivoire, Tonga, Vanuatu. cluding international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian women Palestinian Territory, including East Jerusalem; 5. Reiterates its demand for the immediate and com- The Secretary-General, in a January report plete cessation of all Israeli settlement activities in all of the [E/ Occupied Palestinian Territory, including East Jerusalem, CN.6/2007/4] submitted to the Commission on the and in the occupied Syrian Golan, and calls for the full Status of Women, as requested by the Economic and implementation of the relevant resolutions of the Security Social Council in resolution 2006/8 [YUN 2006, p. 546], Council, including resolution 465(1980); reviewed the situation of Palestinian women and gave 6. Demands that Israel, the occupying Power, comply with an overview of the assistance provided by the UN sys- its legal obligations, as mentioned in the advisory opinion ren- tem from October 2005 to September 2006, with par- dered on 9 July 2004 by the International Court of Justice; ticular reference to humanitarian assistance, economic 7. Stresses the need for full implementation of the relevant activities, education and training, health and the hu- resolutions of the Security Council regarding the Israeli settle- man rights of women. He said that during the report- ments, including Security Council resolution 904(1994), in ing period, the conflict and the widening fiscal deficit which, among other things, the Council called upon Israel, adversely affected Palestinian women in all spheres of the occupying Power, to continue to take and implement life. Increased restrictions on free movement in and out measures, including confiscation of arms, with the aim of pre- venting illegal acts of violence by Israeli settlers, and called of the Gaza Strip and within the West Bank left many for measures to be taken to guarantee the safety and protec- women unable to access the most basic services. The tion of the Palestinian civilians in the occupied territory; reduction of electricity and fuel supply, together with 8. Reiterates its calls for the prevention of all acts of vio- the disruption of water supplies, had a severe impact on lence and harassment by Israeli settlers, especially against the daily life of Palestinians. Female employment rates, Palestinian civilians and properties; which had been historically low in the region, declined 9. Requests the Secretary-General to report to the even further with the crisis. Unemployment among the General Assembly at its sixty-third session on the imple- working female population stood at 19.6 per cent. Pal- mentation of the present resolution. estinian women were not only primarily responsible for RECORDED VOTE ON RESOLUTION 62/108: running households but were also increasingly engaged In favour: Afghanistan, Albania, Algeria, Andorra, Antigua in informal employment or self-employment activities and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Baha- to supplement their household incomes. Gender-based mas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, violence was reported to be widespread. Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cam- UN agencies and programmes continued to make bodia, Canada, Cape Verde, Central African Republic, Chile, efforts to improve the situation of Palestinian women. China, Colombia, Comoros, Congo, Costa Rica, Croatia, The World Health Organization noted that the fi- Cuba, Cyprus, Czech Republic, Democratic People’s Repub- nancial crisis threatened to undermine the delivery of lic of Korea, Democratic Republic of the Congo, Denmark, health services that served the majority of the Pales- Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El tinian population, including women. The creation of Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, an enabling environment for gender equality and the Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hun- empowerment of Palestinian women required ending gary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Ja- discrimination against them in the labour market, maica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao through both legal and policy measures, including the People’s Democratic Republic, Latvia, Lebanon, Lesotho, Lib- elimination of occupational segregation and gender yan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, wage gaps. Member States, entities of the UN system, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, ngos and other stakeholders should intensify their ef- Mozambique, Myanmar, Nepal, Netherlands, New Zealand, forts to provide financial and technical assistance to Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Palestinian women, to incorporate fully gender per- 460 Political and security questions spectives into all areas of support to the Occupied Recalling also the International Covenant on Civil and Palestinian Territory and to assess systematically the Political Rights, the International Covenant on Economic, impact of those efforts. Social and Cultural Rights and the Convention on the Rights of the Child, and affirming that these human rights instruments must be respected in the Occupied Palestinian ECONOMIC AND SOCIAL COUNCIL ACTION Territory, including East Jerusalem, On 24 July [meeting 42], the Economic and Social Expressing its condemnation of all acts of violence, includ- Council, on the recommendation of the Commission ing all acts of terror, provocation, incitement and destruc- on the Status of Women [E/2007/27], adopted resolution tion, especially the excessive use of force against Palestinian 2007/7 by recorded vote (38-2-1) [agenda item 14 (a)]. civilians, many of them women and children, resulting in injury and loss of human life, Situation of and assistance to Palestinian women Emphasizing the importance of increasing the role of women in decision-making with regard to conflict preven- The Economic and Social Council, tion and resolution as part of efforts to ensure the safety and Having considered with appreciation the report of the well-being of all women in the region, Secretary-General, 1. Calls upon the concerned parties, as well as the in- Recalling the Nairobi Forward-looking Strategies for the Ad- ternational community, to exert all the efforts necessary vancement of Women, in particular paragraph 260 concerning to ensure the full resumption of the peace process on its Palestinian women and children, the Beijing Platform for Ac- agreed basis, taking into account the common ground al- tion, adopted at the Fourth World Conference on Women, and ready gained, and calls for intensified measures to be taken the outcome of the twenty-third special session of the General for tangible improvement of the difficult situation on the Assembly, entitled “Women 2000: gender equality, develop- ground and the living conditions faced by Palestinian ment and peace for the twenty-first century”, women and their families; Recalling also its resolution 2006/8 of 25 July 2006 and 2. Reaffirms that the Israeli occupation remains a other relevant United Nations resolutions, major obstacle for Palestinian women with regard to their Recalling further the Declaration on the Elimination of advancement, self-reliance and integration in the develop- Violence against Women as it concerns the protection of ment planning of their society, and encourages all women civilian populations, in the region to take an active role in supporting the peace Recalling the importance of the implementation of Gen- process; eral Assembly resolution 57/337 of 3 July 2003 on the pre- 3. Demands that Israel, the occupying Power, comply vention of armed conflict, and Security Council resolution fully with the provisions and principles of the Universal 1325(2000) of 31 October 2000 on women and peace and Declaration of Human Rights, the Regulations annexed security, to the Hague Convention IV of 18 October 1907 and the Expressing the urgent need for the full resumption of Geneva Convention relative to the Protection of Civilian negotiations within the Middle East peace process on its Persons in Time of War, of 12 August 1949, in order to agreed basis and towards the speedy achievement of a final protect the rights of Palestinian women and their families; settlement between the Palestinian and Israeli sides, 4. Calls upon Israel to facilitate the return of all refu- Concerned about the grave situation of Palestinian women gee and displaced Palestinian women and children to their in the Occupied Palestinian Territory, including East Jeru- homes and properties, in compliance with the relevant salem, resulting from the severe impact of ongoing illegal Israeli settlement activities and the unlawful construction of United Nations resolutions; the wall in the Occupied Palestinian Territory, including in 5. Calls upon the international community to continue and around East Jerusalem, as well as the severe consequences to provide urgently needed assistance and services in an ef- arising from Israeli military operations in and sieges of civilian fort to alleviate the dire humanitarian crisis being faced by areas, which have had a detrimental impact on their social and Palestinian women and their families and to help in the economic conditions and deepened the humanitarian crisis reconstruction of relevant Palestinian institutions; faced by Palestinian women and their families, 6. Requests the Commission on the Status of Women Expressing the importance of providing assistance, espe- to continue to monitor and take action with regard to the cially emergency assistance, to alleviate the harmful impact implementation of the Nairobi Forward-looking Strate- of the financial crisis which has exacerbated the already dire gies for the Advancement of Women, in particular para- socio-economic and humanitarian situation being faced graph 260 concerning Palestinian women and children, by Palestinian women and their families, the Beijing Platform for Action and the outcome of the Welcoming the report of the United Nations High Com- twenty-third special session of the General Assembly, en- missioner for Human Rights, issued on 31 August 2005, titled “Women 2000: gender equality, development and on the issue of Palestinian women giving birth at Israeli peace for the twenty-first century”; checkpoints owing to denial to them by Israel of access to 7. Requests the Secretary-General to continue to review the hospitals, with a view to ending this practice, situation, to assist Palestinian women by all available means, Recalling the advisory opinion rendered on 9 July 2004 including those set out in his report, and to submit to the Com- by the International Court of Justice on the Legal Conse- mission on the Status of Women at its fifty-second session a quences of the Construction of a Wall in the Occupied Pal- report, including information provided by the Economic and estinian Territory, and recalling also General Assembly Social Commission for Western Asia, on the progress made resolution ES‑10/15 of 20 July 2004, in the implementation of the present resolution. Middle East 461

RECORDED VOTE ON RESOLUTION 2007/7: Occupied Palestinian Territory and the procedures for In favour: Algeria, Austria, Barbados, Belarus, Bolivia, Cape the recording, storage and organization of those dam- Verde, China, Costa Rica, Cuba, Czech Republic, Denmark, age claims in the Office of the Register of Damage. El Salvador, France, Germany, Greece, Guyana, Haiti, Indone- sia, Iraq, Japan, Kazakhstan, Lithuania, Luxembourg, Mada- Report of Secretary-General. In a September gascar, Mexico, Netherlands, New Zealand, Pakistan, Para- report on the peaceful settlement of the question of guay, Philippines, Portugal, Russian Federation, Saudi Arabia, Palestine [A/62/344-S/2007/553], submitted in response Somalia, South Africa, Sudan, Thailand, United Kingdom. to Assembly resolution 61/25 [YUN 2006, p. 548], the Against: Canada, United States. Secretary-General made observations on the status of Abstention: Angola. the Israeli-Palestinian conflict and international efforts to move the Middle East peace process forward, cov- ering the period from September 2006 to September Issues related to Palestine 2007. On 8 June, he sought information from Egypt, Israel, Jordan, Lebanon, the Syrian Arab Republic and the plo regarding steps taken to implement the reso- General aspects lution. As at 1 September, Israel and the Permanent Observer of Palestine had responded. The General Assembly again considered the ques- In a 24 August note verbale, Israel said that Assem- tion of Palestine in 2007. Having discussed the annual bly resolution 61/25 could not be a substitute for di- report of the Committee on the Exercise of the Inalien- rect Israeli-Palestinian dialogue. Rather than promot- able Rights of the Palestinian People (Committee on ing a vision that recognized the rights and obligations Palestinian Rights) [A/62/35], the Assembly adopted a of both sides, it obscured the efforts of the parties to resolution reaffirming, among other things, the neces- achieve a negotiated outcome. Such one-sided resolu- sity of achieving a peaceful solution to the Palestine tions jeopardized the efficacy of the United Nations question—the core of the Arab-Israeli conflict—and and the efficiency of the General Assembly. stressing the need for the realization of the inalienable The Permanent Observer, in a 19 July note verbale, rights of the Palestinians, primarily the right to self- said that Assembly resolution 61/25 remained unim- determination, for Israeli withdrawal from the Pales- plemented and that the Assembly was duty-bound to tinian territory occupied since 1967 and for resolving continue pursuing efforts for a peaceful settlement of the problem of the Palestine refugees. the question of Palestine. Serious efforts had to be ex- In observance of the International Day of Solidarity erted to bring an end to the Israeli occupation and to with the Palestinian People, celebrated annually on 29 No- bring about the realization by the Palestinian people of vember in accordance with Assembly resolution 32/40 B an independent State of Palestine, with East Jerusalem [YUN 1977, p. 304], the Committee held a solemn meeting. as its capital, and thus allow for the establishment of UN Register of Damage. In June, in accordance peace, stability and security for both the Palestinian with General Assembly resolution ES-10/17 [YUN and the Israeli peoples. 2006, p. 529], the Secretary-General reported [A/ES- The Secretary-General said that during the report- 10/389] to the Assembly on the progress made in the ing period political turmoil and violence further un- establishment of the United Nations Register of Dam- dermined efforts to achieve a peaceful settlement of age Caused by the Construction of the Wall in the the question of Palestine. Altogether, 11 Israelis and Occupied Palestinian Territory and the establishment 1,053 Palestinians had lost their lives. However, in and operation of the Office of the Register of Damage a positive development, bilateral dialogue between at the United Nations Office at Vienna. As requested the Israeli Prime Minister and the plo Chairman by the Assembly, the Secretary-General on 10 May resumed, in a context of renewed regional and in- had appointed, in their personal capacity, three inter- ternational engagement, to help realize the vision of national experts to the Board of the Register of Dam- two States living side by side in peace and security. age. The Board’s responsibilities included determining The reporting period was marked by intense rivalry the eligibility criteria for the inclusion in the Regis- between Palestinians loyal to Fatah and to Hamas in ter of Damage of losses and damages caused by the Gaza, with efforts to bridge differences undermined construction of the wall; applying such criteria to the by episodes of heavy violence. In February, the Na- determination of the categories of losses and damages tional Unity Government, which respected the signed that might be included in the Register; developing the agreements of the plo, was formed under the lead- format of claim forms; and devising a public-awareness ership of Prime Minister Ismail Haniyeh. However, programme to inform the Palestinian public of the re- the agreement did not lead to significant alterations quirements for and logistics involved in the filing of in the behaviour of security elements and militias. a damage claim for registration. At its first meeting Heavy intra-Palestinian fighting resumed in May, (14-16 May), the Board considered the procedures for and, on 15 June, Hamas took control of the Gaza distributing and collecting damage claim forms in the Strip. President Abbas declared a state of emergency 462 Political and security questions and appointed Salam Fayyad as Prime Minister of an riod of time; public health facilities offered only lim- emergency Government. Hamas refused to accept the ited services; and non-payment of the security services appointment of the new Government and continued hampered their functioning. The takeover of Gaza by to assume control over the Gaza Strip. As the Palestin- Hamas led to the absence of pa forces at the crossings, ian Legislative Council failed repeatedly to convene leaving them mostly inoperable. It was estimated that to confirm or dismiss the emergency Government, 90 per cent of Gaza’s industrial capacity had been sus- owing to boycotts by either Hamas or Fatah, Prime pended and more than 70,000 workers had been laid Minister Fayyad was reappointed by President Abbas off since June. Eighty per cent of the population in on 13 July to lead a caretaker Government. Gaza relied on food assistance from the United Na- Israel continued to fail to meet its obligation un- tions. The decision of the international community to der the road map, which called for a comprehensive re-engage with the pa during the summer of 2007, and settlement freeze and the dismantling of outposts. the transfer by the Israeli Government of Palestinian During the reporting period, settlement develop- tax revenues to the pa, helped to improve the latter’s ment and construction continued, and the number fiscal situation. As a result, Prime Minister Fayyad was of settlers in the West Bank and East Jerusalem in- able to pay full salaries to 160,000 pa employees for creased by 5.5 per cent. Furthermore, none of the the first time in 15 months. In spite of that progress, more than 100 outposts in the West Bank was re- the pa’s fiscal situation remained precarious, as its fis- moved. cal framework for 2007 showed a deficit for current In accordance with Assembly resolution ES-10/17 operations of close to $1.6 billion. [YUN 2006, p. 529], the Secretary-General continued in The Secretary-General said that he was encour- his efforts to establish the United Nations Register of aged by the renewed and substantive dialogue be- Damage Caused by the Construction of the Wall in the tween the parties and the reaffirmed commitment Occupied Palestinian Territory. On 10 May, he appointed of the international community, including regional three international experts as members of the Board of the partners, on the political and assistance aspects of the Register of Damage. The Secretariat was in the process of peace process. He was also reassured by the repeated completing the recruitment of qualified staff and estab- polls that showed that a majority of people on both lishing the Office of the Register of Damage. As detailed by the UN Office for the Coordination of Humanitarian sides supported the realization of the two-State solu- Affairs, the route of the barrier and the nature of the clo- tion in a non‑violent manner. However, he remained sure regime in the West Bank were related to the existence deeply conscious of the challenges, particularly in the and continued expansion of settlements, in violation of light of the continued Israeli settlement policy, the de the Fourth Geneva Convention. facto division of the Occupied Palestinian Territory, The Agreement on Movement and Access of No- the challenge of improving pa security performance and rejuvenating the pa economy, and the potential vember 2005 [YUN 2005, p. 519] had to be imple- mented. Exports from Gaza totalled only a fraction of for those who opposed progress in the peace process the agreed targets. Even before the more severe closure to try to derail it through violence. He stressed that of Gaza crossings following the Hamas takeover, many it was vital that Hamas ceased any effort to estab- factories were forced to close and farmers were unable lish separate rule in Gaza, and that Palestinians find to export crops. No progress was reported on bus or peaceful means to overcome their internal differences truck convoys between the Gaza Strip and the West and unite towards peace under the pa. Bank, nor on plans to rebuild the Gaza seaport and air- port. The number of the internal closures imposed by GENERAL ASSEMBLY ACTION the Israeli authorities in the West Bank increased from On 10 December [meeting 65], the General Assem- approximately 400 at the time of the Agreement on bly adopted resolution 62/83 Movement and Access to 532 in August 2007, severely [draft: A/62/L.21/Rev.1] impeding normal economic activity. The European by recorded vote (161-7-5) [agenda item 18]. Commission, in agreement with the Quartet, renewed and expanded the mandate of the Temporary Interna- Peaceful settlement of the question of Palestine tional Mechanism (tim). The period before June was The General Assembly, marked by an unprecedented fiscal crisis for thepa . As Recalling its relevant resolutions, including those adopted a result of the suspension of most direct international at its tenth emergency special session, assistance and the withholding by Israel of the clear- Recalling also its resolution 58/292 of 6 May 2004, ance revenue it collected on behalf of the pa, it faced a Recalling further relevant Security Council resolutions, deficit of about 30 per cent of gross national product. including resolutions 242(1967) of 22 November 1967, That fiscal crisis in turn contributed to a serious decline 338(1973) of 22 October 1973, 1397(2002) of 12 March in the delivery of public services. Most public schools 2002, 1515(2003) of 19 November 2003 and 1544(2004) in the West Bank remained closed for a prolonged pe- of 19 May 2004, Middle East 463

Welcoming the affirmation by the Security Council of ganization, the representative of the Palestinian people, and the vision of a region where two States, Israel and Palestine, the agreements concluded between the two sides and the live side by side within secure and recognized borders, need for full compliance with those agreements, Noting with concern that it has been sixty years since Recalling also the endorsement by the Security Coun- the adoption of resolution 181(II) of 29 November 1947 cil, in resolution 1515(2003), of the Quartet road map to and forty years since the occupation of Palestinian territory, a permanent two-State solution to the Israeli-Palestinian including East Jerusalem, in 1967, conflict, and stressing the urgent need for its implementa- Having considered the report of the Secretary-General tion and compliance with its provisions, submitted pursuant to the request made in its resolution Welcoming the Arab Peace Initiative adopted by the 61/25 of 1 December 2006, Council of the League of Arab States at its fourteenth Reaffirming the permanent responsibility of the United session, held in Beirut on 27 and 28 March 2002, Nations with regard to the question of Palestine until the Welcoming also the convening of the international con- question is resolved in all its aspects in accordance with ference held at Annapolis, United States of America, on international law, 27 November 2007, in particular the decision by the par- Recalling the advisory opinion rendered on 9 July 2004 ties to launch meaningful, direct negotiations towards the by the International Court of Justice on the Legal Conse- achievement of a just, lasting and peaceful settlement of the quences of the Construction of a Wall in the Occupied Palestin- Israeli-Palestinian conflict and ultimately the Arab-Israeli ian Territory, and recalling also its resolutions ES-10/15 of conflict as a whole for the realization of a comprehensive 20 July 2004 and ES-10/17 of 15 December 2006, peace in the Middle East, Convinced that achieving a just, lasting and comprehensive Noting the important contribution to the peace process settlement of the question of Palestine, the core of the Arab- of the United Nations Special Coordinator for the Mid- Israeli conflict, is imperative for the attainment of compre- dle East Peace Process and Personal Representative of the hensive and lasting peace and stability in the Middle East, Secretary-General to the Palestine Liberation Organization Aware that the principle of equal rights and self- and the Palestinian Authority, including in the framework determination of peoples is among the purposes and prin- of the activities of the Quartet, ciples enshrined in the Charter of the United Nations, Welcoming the convening of the meeting of the Ad Hoc Affirming the principle of the inadmissibility of the Liaison Committee for the Coordination of the Interna- acquisition of territory by war, tional Assistance to Palestinians, under the chairmanship Recalling its resolution 2625(XXV) of 24 October of Norway, on 24 September 2007, as well as the Paris 1970, donors’ conference of 17 December 2007 to mobilize do- Reaffirming the illegality of the Israeli settlements in the nors in follow-up to the Annapolis conference to provide Palestinian territory occupied since 1967, including East financial support to the Palestinian Authority to enable it Jerusalem, to build a prosperous and viable Palestinian State and, in Reaffirming also the illegality of Israeli actions aimed at the meantime, to also provide assistance to alleviate the changing the status of Jerusalem, including measures such socio-economic and humanitarian crisis being faced by the as the so-called E-l plan and all other unilateral measures Palestinian people, and acknowledging the contribution of aimed at altering the character, status and demographic the Temporary International Mechanism in this regard, composition of the city and the territory as a whole, Recognizing the efforts being undertaken by the Palestin- Reaffirming further that the construction by Israel, the ian Authority, with international support, to rebuild, reform occupying Power, of a wall in the Occupied Palestinian and strengthen its damaged institutions, and emphasizing Territory, including in and around East Jerusalem, and its the need to preserve the Palestinian institutions and infra- associated regime, are contrary to international law, structure, Expressing deep concern about the continuing Israeli pol- Expressing its concern over the negative developments icy of closures and severe restrictions on the movement of that have continued to occur in the Occupied Palestinian persons and goods, including medical and humanitarian Territory, including East Jerusalem, including the large personnel and goods, via imposition of crossing closures as number of deaths and injuries, mostly among Palestinian well as of checkpoints and a permit regime throughout the civilians, the widespread destruction of public and private Occupied Palestinian Territory, including East Jerusalem, Palestinian property and infrastructure, the internal dis- and the consequent negative impact on the socio-economic placement of civilians and the serious deterioration of the situation of the Palestinian people, which remains that of socio-economic and humanitarian conditions of the Pales- a dire humanitarian crisis, tinian people, Concerned about the continued establishment of Israeli Expressing its grave concern over repeated military actions checkpoints in the Occupied Palestinian Territory, includ- in the Occupied Palestinian Territory and the reoccupa- ing East Jerusalem, and the transformation of several of tion of Palestinian population centres by the Israeli occu- these checkpoints into structures akin to permanent border pying forces, and emphasizing in this regard the need for crossings inside the Occupied Palestinian Territory, which the implementation by both sides of the Sharm el-Sheikh are severely impairing the territorial contiguity of the Ter- understandings, ritory and severely undermining efforts and aid aimed at Emphasizing the importance of the safety and well-being rehabilitating and developing the Palestinian economy, of all civilians in the whole Middle East region, and con- Recalling the mutual recognition between the Govern- demning all acts of violence and terror against civilians on ment of the State of Israel and the Palestine Liberation Or- both sides, 464 Political and security questions

Noting the Israeli withdrawal from within the Gaza Strip the Madrid Conference, the road map and the Arab Peace and parts of the northern West Bank and the importance Initiative; of the dismantlement of the settlements therein as a step 7. Underscores the need for the parties to undertake, towards the implementation of the road map, with the support of the Quartet and the international com- Expressing concern over the unlawful takeover of Palestin- munity, confidence-building measures aimed at improving ian Authority institutions in the Gaza Strip in June 2007, the situation, promoting stability and fostering the peace and calling for the restoration of the situation to that which process, recognizes in this respect recent developments such existed prior to June 2007 to allow for the resumption of a as the opening of a Gaza border crossing for agricultural dialogue for the restoration of Palestinian national unity, goods and the release of some prisoners, and emphasizes the Stressing the urgent need for sustained and active inter- contribution of such measures to the overall environment national involvement, including by the Quartet, to support between the two sides and the well-being of the Palestinian both parties in revitalizing the peace process towards the people in particular; resumption and acceleration of direct negotiations between 8. Calls upon both parties to fulfil their obligations in the parties for the achievement of a just, lasting and com- respect of the implementation of the road map by taking prehensive peace settlement, on the basis of United Nations parallel and reciprocal steps in this regard; resolutions, the road map and the Arab Peace Initiative, 9. Stresses the need for a speedy end to the reoccupa- Acknowledging the efforts being undertaken by civil tion of Palestinian population centres, inter alia, by easing society to promote a peaceful settlement of the question movement and access, including by the removal of check- of Palestine, points within the Occupied Palestinian Territory, and the Taking note of the findings by the International Court need for respect and preservation of the territorial unity, of Justice, in its advisory opinion, including on the urgent contiguity and integrity of all of the Occupied Palestinian necessity for the United Nations as a whole to redouble its Territory, including East Jerusalem; efforts to bring the Israeli-Palestinian conflict, which con- 10. Also stresses the need for an immediate and com- tinues to pose a threat to international peace and security, plete cessation of all acts of violence, including military to a speedy conclusion, thereby establishing a just and last- attacks, destruction and acts of terror; ing peace in the region, 11. Notes the Israeli withdrawal from within the Gaza Affirming once again the right of all States in the region to Strip and parts of the northern West Bank and the disman- live in peace within secure and internationally recognized tlement of the settlements therein as a step towards the im- borders, plementation of the road map, and the need for the parties 1. Reaffirms the necessity of achieving a peaceful set- to resolve all remaining issues in the Gaza Strip; tlement of the question of Palestine, the core of the Arab- 12. Stresses the need for the full implementation by Israeli conflict, in all its aspects, and of intensifying all both parties of the Agreement on Movement and Access efforts towards that end; and the Agreed Principles for the Rafah Crossing, of 2. Also reaffirms its full support for the Middle East 15 November 2005, and the need, in specific, to allow peace process, which began in Madrid, and the exist- for the opening of all crossings into and out of the Gaza ing agreements between the Israeli and Palestinian sides, Strip for humanitarian supplies, movement and access as stresses the necessity for the establishment of a comprehen- well as for commercial flows, which are essential for im- sive, just and lasting peace in the Middle East, and wel- proving the living conditions of the Palestinian people and comes in this regard the ongoing efforts of the Quartet and ensuring the viability of the Palestinian economy; of the League of Arab States; 13. Calls upon Israel, the occupying Power, to comply 3. Welcomes the Arab Peace Initiative, adopted by strictly with its obligations under international law, includ- the Council of the League of Arab States at its fourteenth ing international humanitarian law, and to cease all of its session and the follow-up steps being undertaken by the measures that are contrary to international law and unilat- Ministerial Committee formed after reaffirmation of the eral actions in the Occupied Palestinian Territory, includ- Initiative by the Riyadh summit in March 2007; ing East Jerusalem, that are aimed at altering the character 4. Welcomes also the international conference convened and status of the Territory, including via the de facto an- at Annapolis, and encourages the parties to undertake im- nexation of land, and thus at prejudging the final outcome mediate steps in follow-up to their joint understanding, of peace negotiations; including through active and serious resumed bilateral 14. Demands, accordingly, that Israel, the occupying negotiations; Power, comply with its legal obligations under international 5. Welcomes further the appointment of the Quartet’s Spe- law, as mentioned in the advisory opinion and as demanded cial Representative, Tony Blair, and his efforts to strengthen in resolutions ES-10/13 of 21 October 2003 and ES-10/15 Palestinian institutions, promote Palestinian economic and, inter alia, that it immediately cease its construction of development and mobilize international donor support; the wall in the Occupied Palestinian Territory, including 6. Calls upon the parties themselves, with the sup- East Jerusalem, and calls upon all States Members of the port of the Quartet and other interested parties, to exert United Nations to comply with their legal obligations, all efforts necessary to halt the deterioration of the situa- as mentioned in the advisory opinion; tion, to reverse all measures taken on the ground since 28 15. Reiterates its demand for the complete cessation of September 2000 and to sustain and accelerate direct peace all Israeli settlement activities in the Occupied Palestinian negotiations towards the conclusion of a final peaceful set- Territory, including East Jerusalem, and in the occupied tlement on the basis of relevant United Nations resolutions, Syrian Golan, and calls for the full implementation of the especially of the Security Council, the terms of reference of relevant Security Council resolutions; Middle East 465

16. Reaffirms its commitment, in accordance with By decision 62/546 of 22 December, the Assem- international law, to the two-State solution of Israel and bly decided that the agenda items entitled “The situa- Palestine, living side by side in peace and security within tion in the Middle East” and “Question of Palestine” recognized borders, based on the pre-1967 borders; would remain for consideration during the resumed 17. Stresses the need for: sixty-second (2008) session. (a) The withdrawal of Israel from the Palestinian territory occupied since 1967, including East Jerusalem; (b) The realization of the inalienable rights of the Pal- Committee on Palestinian Rights estinian people, primarily the right to self-determination and the right to their independent State; As mandated by General Assembly resolution 61/22 18. Also stresses the need for justly resolving the prob- [YUN 2006, p. 551], the Committee on the Exercise of the lem of Palestine refugees in conformity with its resolution Inalienable Rights of the Palestinian People reviewed 194(III) of 11 December 1948; and reported on the Palestine question, and made sug- 19. Urges Member States to expedite the provision of gestions to the Assembly and the Security Council. economic, humanitarian and technical assistance to the The Committee followed up on the Palestine- Palestinian people and the Palestinian Authority during related activities of intergovernmental bodies, such this critical period to help to alleviate the humanitarian as the African Union, the Non-Aligned Movement crisis being faced by the Palestinian people, particularly in and the Organization of the Islamic Conference, the Gaza Strip, to rehabilitate the Palestinian economy and infrastructure and to support the rebuilding, restructuring and through its Chairman participated in meetings and reform of Palestinian institutions; of those bodies. The Committee also continued its 20. Requests the Secretary-General to continue his ef- cooperation on the question of Palestine with the forts with the parties concerned, and in consultation with eu. It continued its work with civil society organiza- the Security Council, towards the attainment of a peaceful tions and developed its liaison with parliaments and settlement of the question of Palestine and the promotion of inter-parliamentary organizations. Throughout the peace in the region and to submit to the General Assembly year, the Committee held a number of international at its sixty-third session a report on these efforts and on meetings, including the United Nations Seminar on developments on this matter. Assistance to the Palestinian People (Doha, Qatar, RECORDED VOTE ON RESOLUTION 62/83: 5-6 February) and the Public Forum in Support of In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Israeli-Palestinian Peace (Pretoria, South Africa, 11 Antigua and Barbuda, Argentina, Armenia, Austria, Azerbai- May). The holding of the annual United Nations In- jan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Bel- ternational Conference of Civil Society in Support gium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei of Israeli-Palestinian Peace (Brussels, Belgium, 30-31 Darussalam, Bulgaria, Cambodia, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa August) resulted in new synergies between the Com- Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic Peo- mittee, parliamentarians and civil society. ple’s Republic of Korea, Democratic Republic of the Congo, The Committee’s annual report to the Assembly Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El covered the period from 4 October 2006 to Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Ga- [A/62/35] bon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, 4 October 2007. The Committee emphasized that the Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Iraq, occupation was the root cause of the Israeli-Palestinian Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Ku- conflict. Since 1967, Israel had systematically altered the wait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Palestinian land by implementing its policy of building Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechten- settlements and, more recently, constructing a wall in stein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, the West Bank, including around East Jerusalem. Con- Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Mo- naco, Mongolia, Montenegro, Morocco, Mozambique, Myan- tinued closures, the sealing-off of the Gaza Strip, Israeli mar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, incursions into Palestinian population centres and the Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, system of checkpoints throughout the West Bank had Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, a most destructive effect on the lives of the Palestinian Romania, Russian Federation, Saint Lucia, Saint Vincent and people and had rendered the pa nearly dysfunctional. the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, The situation had further deteriorated owing to the po- Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suri- larization within Palestinian society, which led, in June, name, Swaziland, Sweden, Switzerland, Syrian Arab Republic, to an armed takeover of the Gaza Strip by Hamas forces. Tajikistan, Thailand, The former Yugoslav Republic of Macedo- The Committee noted rising international awareness of nia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, the fact that a comprehensive, just and lasting peace in Uganda, Ukraine, United Arab Emirates, United Kingdom, the region would remain elusive until the national rights United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. of the Palestinian people were realized. In addition, there Against: Australia, Israel, Marshall Islands, Micronesia, appeared to be greater consciousness that the Israeli- Nauru, Palau, United States. Palestinian conflict was one of the major underlying fac- Abstaining: Cameroon, Canada, Côte d’Ivoire, Tonga, tors of the rift between Western and Islamic societies. Vanuatu. The Committee called upon Israel to end its military 466 Political and security questions operations in the Occupied Palestinian Territory and to 2. Requests the Committee to continue to exert all stop any other measures that further undermined Pal- efforts to promote the realization of the inalienable rights estinian institutions. It also called upon the Palestinian of the Palestinian people, including their right to self- leadership, the leaders of all factions and all Palestinians determination, to support the Middle East peace process and to mobilize international support for and assistance to unite in support of President Abbas, his Government to the Palestinian people, and authorizes the Committee and all democratically elected Palestinian institutions, to make such adjustments in its approved programme of and to resolve their political differences by peaceful work as it may consider appropriate and necessary in the means. The Committee reiterated its long‑standing po- light of developments and to report thereon to the Gen- sition that the plo was the sole legitimate representative eral Assembly at its sixty-third session and thereafter; of the Palestinian people and, as such, an essential party 3. Also requests the Committee to continue to keep to any negotiations aimed at resolving the question of under review the situation relating to the question of Pal- Palestine peacefully. estine and to report and make suggestions to the General Assembly, the Security Council or the Secretary-General, as appropriate; GENERAL ASSEMBLY ACTION 4. Further requests the Committee to continue to ex- On 10 December [meeting 65], the General Assem- tend its cooperation and support to Palestinian and other bly adopted resolution 62/80 [draft: A/62/L.18 & Add.1] civil society organizations and to continue to involve ad- by recorded vote (109-8-55) . ditional civil society organizations in its work in order to [agenda item 18] mobilize international solidarity and support for the Pal- estinian people, particularly during this critical period of Committee on the Exercise of the Inalienable humanitarian hardship and financial crisis, with the overall Rights of the Palestinian People aim of promoting the achievement by the Palestinian people The General Assembly, of its inalienable rights and a peaceful settlement of the Recalling its resolutions 181(II) of 29 November 1947, question of Palestine; 194(III) of 11 December 1948, 3236(XXIX) of 22 Novem- 5. Requests the United Nations Conciliation Com- ber 1974, 3375(XXX) and 3376(XXX) of 10 November mission for Palestine, established under General Assembly 1975, 31/20 of 24 November 1976 and all subsequent rel- resolution 194(III), and other United Nations bodies asso- evant resolutions, including those adopted by the General ciated with the question of Palestine to continue to cooper- Assembly at its emergency special sessions and resolution ate fully with the Committee and to make available to it, 61/22 of 1 December 2006, at its request, the relevant information and documentation Recalling also its resolution 58/292 of 6 May 2004, which they have at their disposal; Invites Having considered the report of the Committee on the 6. all Governments and organizations to extend their cooperation to the Committee in the performance of Exercise of the Inalienable Rights of the Palestinian People, its tasks; Recalling the mutual recognition between the Govern- 7. Requests the Secretary-General to circulate the re- ment of the State of Israel and the Palestine Liberation Or- port of the Committee to all the competent bodies of the ganization, the representative of the Palestinian people, as United Nations, and urges them to take the necessary well as the existing agreements between the two sides and action, as appropriate; the need for full compliance with those agreements, 8. Also requests the Secretary-General to continue to Recalling also the Quartet road map to a permanent two- provide the Committee with all the necessary facilities for State solution to the Israeli-Palestinian conflict, endorsed the performance of its tasks. by the Security Council in its resolution 1515(2003) of 19 November 2003, RECORDED VOTE ON RESOLUTION 62/80: Recalling further the Arab Peace Initiative adopted by In favour: Afghanistan, Algeria, Angola, Antigua and Bar- the Council of the League of Arab States at its fourteenth buda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, session, held in Beirut on 27 and 28 March 2002, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cambo- Recalling the advisory opinion rendered on 9 July 2004 dia, Cape Verde, Central African Republic, Chile, China, Co- by the International Court of Justice on the Legal Conse- moros, Congo, Costa Rica, Cuba, Cyprus, Democratic People’s quences of the Construction of a Wall in the Occupied Palestin- Republic of Korea, Democratic Republic of the Congo, Djibouti, ian Territory, and recalling also its resolutions ES-10/15 of Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, 20 July 2004 and ES-10/17 of 15 December 2006, Ethiopia, Fiji, Gabon, Ghana, Guinea, Guyana, Haiti, Hon- Reaffirming that the United Nations has a permanent duras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakh- responsibility towards the question of Palestine until the stan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic question is resolved in all its aspects in a satisfactory man- Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, ner in accordance with international legitimacy, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mau- ritius, Mexico, Morocco, Mozambique, Myanmar, Namibia, 1. Expresses its appreciation to the Committee on the Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Paraguay, Exercise of the Inalienable Rights of the Palestinian Peo- Philippines, Qatar, Saint Lucia, Saint Vincent and the Gren- ple for its efforts in performing the tasks assigned to it by adines, Saudi Arabia, Senegal, Sierra Leone, Singapore, So- the General Assembly, and takes note of its annual report, malia, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, including the conclusions and valuable recommendations Syrian Arab Republic, Tajikistan, Togo, Trinidad and Tobago, contained in chapter VII thereof; Tunisia, Turkey, Uganda, United Arab Emirates, United Re- Middle East 467

public of Tanzania, Uzbekistan, Venezuela, Viet Nam, Yemen, national support for the rights of the Palestinian people and Zambia, Zimbabwe. a peaceful settlement of the question of Palestine; Against: Australia, Canada, Israel, Marshall Islands, 3. Requests the Secretary-General to continue to pro- Micronesia, Nauru, Palau, United States. vide the Division with the necessary resources and to en- Abstaining: Albania, Andorra, Austria, Belgium, Bulgaria, sure that it continues to carry out its programme of work Cameroon, Colombia, Côte d’Ivoire, Croatia, Czech Repub- as detailed in the relevant earlier resolutions, in consulta- lic, Denmark, Estonia, Finland, France, Georgia, Germany, tion with the Committee on the Exercise of the Inalienable Greece, Guatemala, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Moldova, Monaco, Rights of the Palestinian People and under its guidance, Montenegro, Netherlands, New Zealand, Norway, Panama, including, in particular, the monitoring of developments Peru, Poland, Portugal, Republic of Korea, Romania, Russian relevant to the question of Palestine, the organization of Federation, Samoa, San Marino, Serbia, Slovakia, Slovenia, international meetings and conferences in various regions Solomon Islands, Spain, Sweden, Switzerland, Thailand, The with the participation of all sectors of the international former Yugoslav Republic of Macedonia, Tonga, Ukraine, community, liaison and cooperation with civil society, the United Kingdom, Uruguay, Vanuatu. further development and expansion of the documents col- lection of the United Nations Information System on the Division for Palestinian Rights Question of Palestine, the preparation and widest possible dissemination of publications and information materials on Under the guidance of the Committee on Pales- various aspects of the question of Palestine and the conduct tinian Rights, the Division for Palestinian Rights of of the annual training programme for staff of the Palestin- the UN Secretariat, among other things, continued to ian Authority; prepare studies and research, monitor, collect and dis- 4. Also requests the Secretary-General to ensure the seminate information on issues related to the Palestine continued cooperation of the Department of Public Infor- question. The Division responded to requests for infor- mation and other units of the Secretariat in enabling the mation and issued a number of publications relating Division to perform its tasks and in covering adequately the to the question of Palestine, such as reports of interna- various aspects of the question of Palestine; tional meetings and conferences organized under the 5. Invites all Governments and organizations to ex- Committee’s auspices. It also continued to administer, tend their cooperation to the Division in the performance maintain and expand the United Nations Information of its tasks; System on the Question of Palestine (unispal). 6. Requests the Division, as part of the observance of the International Day of Solidarity with the Palestinian The Committee, in its annual report [A/62/35], re- People on 29 November, to continue to organize, under quested the Division to continue its substantive and the guidance of the Committee on the Exercise of the In- secretariat support; the programme of research, moni- alienable Rights of the Palestinian People, an annual exhibit toring, publications and other informational activities; on Palestinian rights or a cultural event in cooperation with the annual training programme for the pa’s staff; and the Permanent Observer Mission of Palestine to the United the annual observance of the International Day of Soli- Nations, and encourages Member States to continue to give darity with the Palestinian People (29 November). the widest support and publicity to the observance of the Day of Solidarity.

GENERAL ASSEMBLY ACTION RECORDED VOTE ON RESOLUTION 62/81: In favour: Afghanistan, Algeria, Angola, Antigua and Bar- On 10 December [meeting 65], the General Assem- buda, Argentina, Azerbaijan, Bahamas, Bahrain, Bangladesh, bly adopted resolution 62/81 [draft: A/62/L.19 & Add.1] Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, by recorded vote (110-8-54) [agenda item 18]. Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cape Verde, Central African Republic, Chile, China, Comoros, Division for Palestinian Rights of the Secretariat Congo, Costa Rica, Cuba, Cyprus, Democratic People’s Re- public of Korea, Democratic Republic of the Congo, Djibouti, The General Assembly, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Having considered the report of the Committee on the Ethiopia, Fiji, Gabon, Ghana, Guinea, Guyana, Haiti, Hon- Exercise of the Inalienable Rights of the Palestinian People, duras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakh- Taking note in particular of the relevant information stan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic contained in chapter V.B of that report, Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Recalling its resolution 32/40 B of 2 December 1977 and Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mau- all subsequent relevant resolutions, including resolution ritius, Mexico, Morocco, Mozambique, Myanmar, Namibia, 61/23 of 1 December 2006, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Lucia, Saint Vincent and 1. Notes with appreciation the action taken by the the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Secretary-General in compliance with its resolution 61/23; Somalia, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, 2. Considers that, by assisting the Committee on the Syrian Arab Republic, Tajikistan, Togo, Trinidad and Tobago, Exercise of the Inalienable Rights of the Palestinian People Tunisia, Turkey, Uganda, United Arab Emirates, United Re- in the implementation of its mandate, the Division for Pal- public of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet estinian Rights of the Secretariat continues to make a use- Nam, Yemen, Zambia, Zimbabwe. ful and constructive contribution to raising international Against: Australia, Canada, Israel, Marshall Islands, Micro- awareness of the question of Palestine and generating inter- nesia, Nauru, Palau, United States. 468 Political and security questions

Abstaining: Albania, Andorra, Armenia, Austria, Belgium, Recalling also the Quartet road map to a permanent Bulgaria, Cameroon, Colombia, Côte d’Ivoire, Croatia, Czech two-State solution to the Israeli-Palestinian conflict, Republic, Denmark, Estonia, Finland, France, Georgia, Ger- Recalling further the Arab Peace Initiative adopted by many, Greece, Guatemala, Iceland, Ireland, Italy, Japan, Latvia, the Council of the League of Arab States at its fourteenth Liechtenstein, Lithuania, Luxembourg, Moldova, Monaco, session, held in Beirut on 27 and 28 March 2002, Montenegro, Netherlands, New Zealand, Norway, Peru, Po- land, Portugal, Republic of Korea, Romania, Russian Federa- Recalling the advisory opinion rendered on 9 July 2004 tion, Samoa, San Marino, Serbia, Slovakia, Slovenia, Solomon by the International Court of Justice on the Legal Con- Islands, Spain, Sweden, Switzerland, Thailand, The former sequences of the Construction of a Wall in the Occupied Yugoslav Republic of Macedonia, Tonga, Ukraine, United Palestinian Territory, Kingdom, Vanuatu. Reaffirming that the United Nations has a permanent responsibility towards the question of Palestine until the Special information programme question is resolved in all its aspects in a satisfactory man- ner in accordance with international legitimacy, As requested in General Assembly resolution 61/24 Expressing the hope that the Department of Public In- [YUN 2006, p. 553], the UN Department of Public In- formation of the Secretariat, in its upcoming programme formation (dpi) continued its special information pro- for 2008-2009, will further examine ways of fostering and gramme on the question of Palestine, which included encouraging the contribution of media in support of the the issuing of press releases and preparation for the peace process between the Palestinian and Israeli sides, annual training programme for Palestinian journal- 1. Notes with appreciation the action taken by the ists. The Radio Section provided coverage of various Department of Public Information in compliance with aspects of the question of Palestine in its broadcasts resolution 61/24; in all six official UN languages. The UN News Centre 2. Considers that the special information programme Internet portal provided extensive coverage on a wide on the question of Palestine of the Department is very use- array of related developments and issues. In coopera- ful in raising the awareness of the international community tion with the Foreign Ministry of Japan, dpi organized concerning the question of Palestine and the situation in the Middle East and that the programme is contributing the fifteenth International Media Seminar on Peace in effectively to an atmosphere conducive to dialogue and the Middle East (Tokyo, 26-27 June). supportive of the peace process; As in previous years, the network of the United 3. Requests the Department, in full cooperation and Nations Information Centres (unics) and other UN coordination with the Committee on the Exercise of the In- offices carried out activities in connection with the alienable Rights of the Palestinian People, to continue, with International Day of Solidarity with the Palestinian the necessary flexibility as may be required by developments People. Throughout 2007, manyunic s dealt with the affecting the question of Palestine, its special information Palestine question and organized related outreach programme for the biennium 2008-2009, in particular: activities. (a) To disseminate information on all the activities of the United Nations system relating to the question of Palestine, including reports on the work carried out by the GENERAL ASSEMBLY ACTION relevant United Nations organizations; On 10 December [meeting 65], the General Assem- (b) To continue to issue and update publications on bly adopted resolution 62/82 [draft: A/62/L.20/Rev.1] the various aspects of the question of Palestine in all fields, including materials concerning the relevant recent develop- by recorded vote (161-8-5) [agenda item 18]. ments in that regard, in particular the efforts to achieve a peaceful settlement of the question of Palestine; Special information programme on the (c) To expand its collection of audio-visual material on question of Palestine of the Department of the question of Palestine, to continue the production and Public Information of the Secretariat preservation of such material and to update, on a periodic The General Assembly, basis, the public exhibit on the question of Palestine Having considered the report of the Committee on the displayed in the General Assembly building; Exercise of the Inalienable Rights of the Palestinian People, (d) To organize and promote fact-finding news mis- Taking note in particular of the information contained in sions for journalists to the Occupied Palestinian Territory, chapter VI of that report, including East Jerusalem; Recalling its resolution 61/24 of 1 December 2006, (e) To organize international, regional and national Convinced that the worldwide dissemination of accurate seminars or encounters for journalists, aiming in particu- and comprehensive information and the role of civil society lar at sensitizing public opinion to the question of Palestine organizations and institutions remain of vital importance and at enhancing dialogue and understanding between in heightening awareness of and support for the inalienable Palestinians and Israelis for the promotion of a peaceful rights of the Palestinian people, settlement to the Israeli-Palestinian conflict; Recalling the mutual recognition between the Govern- (f) To continue to provide assistance to the Palestinian ment of the State of Israel and the Palestine Liberation people in the field of media development, in particular to Organization, the representative of the Palestinian people, strengthen the annual training programme for Palestinian as well as the existing agreements between the two sides, broadcasters and journalists. Middle East 469

RECORDED VOTE ON RESOLUTION 62/82: ians, as well as among Palestinians, that claimed innocent In favour: Afghanistan, Albania, Algeria, Andorra, Angola, lives on both sides. The reporting period was marked by Antigua and Barbuda, Argentina, Armenia, Austria, Azerbai- the continuation of Palestinian attacks against Israeli ci- jan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Bel- vilians, in particular the firing of rockets from the Gaza gium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cape Verde, Strip; Israeli military reprisals conducted in Palestinian Central African Republic, Chile, China, Colombia, Comoros, civilian areas; the continuation of a tight closure policy Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, by the Israeli authorities; the partial implementation of Democratic People’s Republic of Korea, Democratic Repub- the 2005 Agreement on Movement and Access [YUN lic of the Congo, Denmark, Djibouti, Dominican Republic, ; the resumption of direct contact between Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, 2005, p. 519] Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Israeli Prime Minister Olmert and Palestinian President Guatemala, Guinea, Guyana, Haiti, Honduras, Iceland, India, Abbas; and the formation of the Palestinian National Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Unity Government. Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Demo- The report contained a description of efforts made cratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Ma- by UN agencies, in cooperation with Palestinian and laysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, donor counterparts, to support Palestinian civilian Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozam- populations and institutions, with particular refer- bique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, ence to human, social and community development; Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, private sector development; UN system emergency Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic assistance; and coordination of UN assistance. of Korea, Romania, Russian Federation, Saint Lucia, Saint Vin- cent and the Grenadines, Samoa, San Marino, Saudi Arabia, The Economic and Social Council, by decision Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, 2007/255 of 26 July, took note of the Secretary- Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Su- General’s report on assistance to the Palestinian people. dan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tu- UNCTAD assistance to Palestinians nisia, Turkey, Uganda, Ukraine, United Arab Emirates, United At its fifty-fourth session (Geneva, 1-11 October), Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, the Trade and Development Board of the United Na- Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. tions Conference on Trade and Development (unctad) Against: Australia, Canada, Israel, Marshall Islands, Micronesia, Nauru, Palau, United States. considered an unctad secretariat report on assistance Abstaining: Cameroon, Côte d’Ivoire, Malawi, Tonga, to the Palestinian people [TD/B/54/3 & Corr.1, 2]. The Vanuatu. report stated that the vulnerability of the Palestinian economy to the impact of prolonged Israeli occupa- tion and closure policy was heightened by donors and Assistance to Palestinians financial restrictions on thepa in 2006. With economic decline, it was estimated that the pa lost nearly $1.2 bil- UN activities lion in revenues from 2000 to 2005. As donor support In response to General Assembly resolution 61/135 decreased, the tenuous pa financial solvency undercut national fiscal policy. Viability of the economy was less , the Secretary-General submitted a [YUN 2006, p. 555] of an issue. Rather, the focus was increasingly on how May report describing United Na- [A/62/82-E/2007/66] to limit vulnerability and create an appropriate and tions and other assistance to the Palestinian people, effective policy space that minimized the economic covering the period from May 2006 to April 2007. impact of Israeli security measures. The immediate During the reporting period, the Palestinian economic priority was to sustain minimal levels of “ef- economy suffered a significant decline and the socio- fective demand” under greater isolation. The reversal of economic and humanitarian conditions of the popu- post-Oslo investor confidence and the trend towards de- lation worsened. Many donors reviewed their policy formalization of the economy meant that private-sector assistance to the pa in the context of the three princi- stabilization would require an intensive pa trade policy ples spelled out by the Middle East Quartet in January fortified by expanded policy space in the areas of mac- 2006 [YUN 2006, p. 501]. At the same time, the Israeli roeconomic, trade and labour policy. There was an ur- Government continued to withhold the payment of the gent need for comprehensive trade facilitation overhaul. tax revenues it collected on behalf of the pa, with the Initial steps could be taken regarding the urgent matter exception of one transfer early in 2007. As a result, and of trade flows and the activation of transit agreements despite increased levels of aid, the pa faced a worsening with Egypt and Jordan. The United Nations, including fiscal crisis, which exacerbated the already precarious unctad through its technical assistance and policy ad- situation in the Occupied Palestinian Territory. vice, needed to continue to help the Palestinian people Those developments occurred against the backdrop withstand the prolonged humanitarian and economic of the continuing violence between Israelis and Palestin- crisis. 470 Political and security questions

GENERAL ASSEMBLY ACTION of 17 December 2007 in mobilizing the donors, following on from the international conference held in Annapolis, On 17 December [meeting 74], the General Assem- bly adopted resolution 62/93 United States of America, on 27 November 2007, to pro- [draft: A/62/L.36 & Add.1] vide financial and political support for the Palestinian Au- without vote [agenda item 71 (c)]. thority and, in the meantime, also to provide assistance to alleviate the socio-economic and humanitarian situation Assistance to the Palestinian people being faced by the Palestinian people, The General Assembly, Welcoming further the work of the Joint Liaison Com- Recalling its resolution 61/135 of 14 December 2006, mittee, which provides a forum in which economic policy as well as previous resolutions on the question, and practical matters related to donor assistance are dis- cussed with the Palestinian Authority, Recalling also the signing of the Declaration of Principles on Interim Self-Government Arrangements in Washington, Stressing the need for the full engagement of the United D.C., on 13 September 1993, by the Government of the Nations in the process of building Palestinian institutions State of Israel and the Palestine Liberation Organization, the and in providing broad assistance to the Palestinian peo- representative of the Palestinian people, and the subsequent ple, and welcoming in this regard the support provided to implementation agreements concluded by the two sides, the Palestinian Authority by the Task Force on Palestinian Reform, established by the Quartet in 2002, Recalling further the International Covenant on Civil Welcoming the appointment of the Quartet’s Special and Political Rights, the International Covenant on Eco- Representative, Tony Blair, charged with developing, with nomic, Social and Cultural Rights and the Convention on the Government of the Palestinian Authority, a multi-year the Rights of the Child, agenda to strengthen institutions, promote economic devel- Gravely concerned at the deterioration in the living con- opment and mobilize international funds, ditions of the Palestinian people, in particular children, Noting the active participation of the United Nations throughout the occupied Palestinian territory, which con- Special Coordinator for the Middle East Peace Process and stitutes a mounting humanitarian crisis, Personal Representative of the Secretary-General to the Pal- Conscious of the urgent need for improvement in the eco- estine Liberation Organization and the Palestinian Author- nomic and social infrastructure of the occupied territory, ity in the activities of the Special Envoys of the Quartet, Welcoming, in this context, the development of projects, Welcoming the endorsement by the Security Council, notably on infrastructure, to revive the Palestinian econ- in its resolution 1515(2003) of 19 November 2003, of the omy and improve the living conditions of the Palestinian performance-based road map to a permanent two-State solu- people, stressing the need to create the appropriate condi- tion to the Israeli-Palestinian conflict, and stressing the need tions to facilitate the implementation of these projects, and for its implementation and compliance with its provisions, noting the contribution of partners in the region and the Noting the Israeli withdrawal from the Gaza Strip and international community, parts of the northern West Bank as a step towards imple- Aware that development is difficult under occupation and mentation of the road map, is best promoted in circumstances of peace and stability, Having considered the report of the Secretary-General, Noting the great economic and social challenges facing Expressing grave concern about the continuation of the the Palestinian people and their leadership, tragic and violent events that have led to many deaths and Emphasizing the importance of the safety and well-being injuries, including among children, of all people, in particular children, in the whole Middle 1. Takes note of the report of the Secretary-General; East region, 2. Expresses its appreciation to the Secretary-General Deeply concerned about the negative impact, including the for his rapid response and efforts regarding assistance to health and psychological consequences, of violence on the the Palestinian people; present and future well-being of children in the region, 3. Also expresses its appreciation to the Member States, Conscious of the urgent necessity for international as- United Nations bodies and intergovernmental, regional and sistance to the Palestinian people, taking into account the non-governmental organizations that have provided and Palestinian priorities, continue to provide assistance to the Palestinian people; Expressing grave concern about the humanitarian situa- 4. Stresses the importance of the work of the United tion in Gaza following recent events, and underlining the Nations Special Coordinator for the Middle East Peace importance of emergency and humanitarian assistance, Process and Personal Representative of the Secretary- Welcoming the results of the Conference to Support General to the Palestine Liberation Organization and the Middle East Peace, convened in Washington, D.C., on Palestinian Authority and of the steps taken under the aus- 1 October 1993, the establishment of the Ad Hoc Liaison pices of the Secretary-General to ensure the achievement Committee for the Coordination of the International As- of a coordinated mechanism for United Nations activities sistance to Palestinians and the work being done by the throughout the occupied territories; World Bank as its secretariat and the establishment of the 5. Urges Member States, international financial institu- Consultative Group, as well as all follow-up meetings and tions of the United Nations system, intergovernmental and international mechanisms established to provide assistance non-governmental organizations and regional and interre- to the Palestinian people, gional organizations to extend, as rapidly and as generously Welcoming also the meeting of the Ad Hoc Liaison Com- as possible, economic and social assistance to the Palestinian mittee, held in New York on 24 September 2007, and un- people, in close cooperation with the Palestine Liberation Or- derlining the importance of the Paris donors’ conference ganization and through official Palestinian institutions; Middle East 471

6. Welcomes, in this regard, the meeting of the Ad Hoc UNRWA Liaison Committee for the Coordination of the Interna- tional Assistance to Palestinians and the perspective of the The United Nations Relief and Works Agency for Paris donors’ conference, and encourages donors, in this Palestine Refugees in the Near East (unrwa) con- regard, to increase their direct assistance to the Palestinian tinued to provide vital education, health, relief and Authority in accordance with its government programme social services, and micro-finance to an ever-growing in order to enable it to build a viable and prosperous refugee population in the Gaza Strip, the West Bank, Palestinian state; Jordan, Lebanon and the Syrian Arab Republic. 7. Calls upon relevant organizations and agencies of In his report on the work of the Agency from the United Nations system to intensify their assistance in 1 January to 31 December 2007 [A/63/13], the unrwa response to the urgent needs of the Palestinian people in ac- Commissioner-General said that in 2007 Palestin- cordance with priorities set forth by the Palestinian side; ians in the occupied Palestinian territories continued 8. Calls upon the international community to pro- to face conditions of severe hardship and social dis- vide urgently needed assistance and services in an effort to alleviate the dire humanitarian situation being faced by tress and, as a result, humanitarian assistance needs Palestinian children and their families and to help in the increased considerably. In the framework of the con- reconstruction of relevant Palestinian institutions; solidated appeals process for the occupied Palestinian 9. Stresses the role that the temporary international territories, unrwa launched an emergency appeal for mechanism has been playing in assisting directly the Pales- $246 million, the Agency’s largest appeal since the tinian people, and welcomes its extension; start of the intifada in September 2000 [YUN 2000, 10. Urges Member States to open their markets to ex- p. 416]. Although the embargo was partially lifted in ports of Palestinian products on the most favourable terms, June following the Hamas takeover of the Gaza Strip, consistent with appropriate trading rules, and to implement allowing the pa to resume payment of salaries to pub- fully existing trade and cooperation agreements; lic sector employees, the subsequent period witnessed 11. Calls upon the international donor community to a dramatic tightening of access restrictions into and expedite the delivery of pledged assistance to the Palestin- out of the occupied Palestinian territories. The closure ian people to meet their urgent needs; of major crossing points, restrictions on the entry of 12. Stresses, in this context, the importance of ensur- goods, an almost blanket prohibition on exports and ing the free passage of humanitarian aid to the Palestinian reductions in power supplies deepened the hardships people and the free movement of persons and goods; endured by the majority of Gazans. By the end of 2007, 13. Also stresses the need for the full implementation unrwa had received $142 million, or approximately by both parties of the Agreement on Movement and Access 58 per cent of the emergency funding requested. The and of the Agreed Principles for the Rafah Crossing, of funds supported the provision of emergency food aid 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and to 257,000 refugee families, or around 60 per cent of out of the Gaza Strip; the registered refugee population, and the creation of 14. Urges the international donor community, United over 3.7 million work-days for 60,000 unemployed Nations agencies and organizations and non-governmental refugees. The demand for the Agency’s job creation organizations to extend as rapidly as possible to the Pales- programme far outweighed the positions available: at tinian people emergency economic assistance and humani- the end of 2007, there were 130,000 eligible applicants tarian assistance, particularly in the Gaza Strip, to counter for approximately 7,000 jobs. The inability of thepa to the impact of the current crisis; pay public sector salaries during the first half of 2007 15. Stresses the need for the continued implementa- compelled the Agency to provide food aid to refugee tion of the Paris Protocol on Economic Relations of 29 families who had previously been self-sufficient, add- April 1994, fifth annex to the Israeli-Palestinian Interim ing over 100,000 people to its rolls. Emergency opera- Agreement on the West Bank and the Gaza Strip, signed in tions included cash assistance to impoverished fami- Washington, D.C., on 28 September 1995, including with lies, reconstruction of destroyed shelters, provision of regard to the full, prompt and regular transfer of Palestin- health care through mobile clinics to families facing ian indirect tax revenues; access problems in the West Bank and a programme 16. Requests the Secretary-General to submit a report of in-kind support to municipalities in the Gaza Strip to the General Assembly at its sixty-third session, through to ensure maintenance of vital public facilities, such as the Economic and Social Council, on the implementation those for water purification, wastewater and sewage. of the present resolution, containing: Emergency funding was also used to meet increasing (a) An assessment of the assistance actually received by the Palestinian people; demand at unrwa primary health centres in the West (b) An assessment of the needs still unmet and specific Bank and the Gaza Strip, with the number of consul- proposals for responding effectively to them; tations during 2007 around 20 per cent higher than 17. Decides to include in the provisional agenda of its in 2006. sixty-third session the sub-item entitled “Assistance to the In Gaza, unrwa provided coordinated emergency Palestinian people”. assistance to around 2,000 persons displaced from Um 472 Political and security questions

El-Nasser village as a result of a sewage spill in March. tively and efficiently. In the area of human resources Five persons were killed and 25 injured, with over 250 management, the Agency developed a working docu- homes damaged. In coordination with other entities, ment that provided comprehensive and up-to-date unrwa provided temporary shelter, food, blankets, staff profiles. To improve the Agency’s organizational mattresses and hygiene kits for the displaced. Other methods, a process re-engineering initiative was ini- operational developments in the Gaza Strip included tiated, with teams in all field offices reviewing key the establishment of the Schools of Excellence pro- internal transactions and processes. Some changes gramme, which, together with the Safe and Stimulat- were also introduced through a review of emergency ing Schools initiative, was seeking to address years of operations. decline in educational achievement resulting partly Advisory Commission. The unrwa Advisory from the conflict in Gaza. The first Summer Games Commission, in its comments on the Agency’s 2007 took place with almost 200,000 Gazan children par- annual report, transmitted by its Chairman [A/63/13], ticipating in 10 weeks of sports, remedial learning, expressed concern that the separation barrier, closures, cultural performances, art workshops, swimming curfews and other restrictions on movement imposed lessons, theatre and music. by the Israeli authorities in the West Bank and Gaza In Lebanon, unrwa was on an emergency footing Strip were leading to further hardship for the af- for the second consecutive year owing to the conflict fected population. The restrictions obstructed access that broke out on 20 May between the Lebanese Army to sources of employment and work, as well as essen- and the multinational militant group Fatah al-Islam tial goods and services. Moreover, they restricted the in the Nahr el-Bared camp. The 105-day conflict ability of unrwa to carry out its mandated tasks. The ended on 2 September with the Lebanese authorities Commission opposed the continued efforts of Israel declaring victory. A flash appeal for $12.7 million was to impose a direct tax charge amounting to $132,524 launched on 4 June to address the most urgent needs and additional restrictions on Agency containers pass- of displaced refugees. The response was quick, and $17 ing through Gaza crossings, leading to an estimated million was pledged. On 12 September, an emergency increase of $1.9 million in the Agency’s normal op- appeal of $54 million was launched to address the erating costs. The Commission called upon the Gen- humanitarian needs of the displaced from Nahr el- eral Assembly to examine that issue at its sixty-third Bared for a 12-month period, from 1 September 2007 (2008) session and to consider including in its reso- to 31 August 2008. By the end of 2007, $28.7 mil- lution dealing with unrwa operations a clause call- lion had been pledged, with $25.4 million received. A ing for reimbursement of the charges in question. In project management unit was established in northern 2007, hardships endured by the majority of Gazans Lebanon to oversee the emergency response and re- deepened, as the territory’s economy was subjected to construction operation of the Nahr el-Bared camp. a blockade. The Commission expressed concern over In Jordan, Palestinian refugees continued to ben- the negative impact of those restrictions on, among efit from a stable political and security environment other things, $93 million worth of unrwa develop- and from the Government’s cooperation with unrwa. ment projects in Gaza. The Commission commended In the Syrian Arab Republic, the Neirab rehabilita- the Agency for the manner in which it had responded tion project for the construction of 300 new refugee to the deteriorating situation in Gaza, by increasing its homes served as a model for the value of a community emergency humanitarian assistance while continuing participation approach, which yielded improvements to provide its basic services in difficult and sometimes in programme design and created a new dynamic of dangerous circumstances. It also supported unrwa’s trust and efficiency. efforts to rebuild the Nahr el-Bared camp in Lebanon, Unrwa began a three-year management reform in close coordination with the Lebanese Government programme in 2006 designed to transform and and the plo. modernize the main institutional components of the The Commission reiterated its long-standing view Agency: leadership; human resources management; that the enduring hardships of Palestine refugees un- organizational processes, including an overhaul of its derscored the critical role of unrwa. In that regard, it information technology and procurement systems; noted with concern that in 2007 unrwa experienced a and programme management. In 2007, the Agency General Fund shortfall of $90.9 million, which neces- received contributions of $9,744,634 towards its or- sitated the adoption of stringent austerity measures. ganizational development plan. In September, the The Commission urged the international donor com- unrwa Management Committee endorsed a pro- munity to close the gap between needs identified in cess for the development of a medium-term strategy the budget and funds provided to the Agency rapidly. for 2010-2015 to ensure that future strategic objec- Unrwa’s emergency appeal for $246 million in 2007 tives were based on a concrete needs assessment and for the Occupied Palestinian Territory was its largest planning exercise, which would enable unrwa to ac- to date. However, the Commission noted that unrwa curately identify and meet refugee needs more effec- received only $142 million, representing 58 per cent Middle East 473 of the amount requested. The Commission stressed Taking note of the report of the Commissioner-General the need to continue to build upon the considerable of the United Nations Relief and Works Agency for Pales- momentum created since the 2004 Geneva conference tine Refugees in the Near East covering the period from in areas including: the well-being of 1 January to 31 December 2006, [YUN 2004, p. 498] Aware of the continuing needs of the Palestine refugees Palestinian refugee children and the rest of the refu- throughout all the fields of operation, namely, Jordan, gee community; socio-economic development; man- Lebanon, the Syrian Arab Republic and the Occupied agement reform; mobilization of resources; improve- Palestinian Territory, ment of infrastructure; and camp rehabilitation. It Expressing grave concern at the especially difficult situa- also urged further development of approaches that tion of the Palestine refugees under occupation, including encouraged refugee participation in the implementa- with regard to their safety, well-being and socio-economic tion of Agency services. living conditions, In a 29 January letter , the unrwa Advi- Expressing grave concern in particular at the humanitarian [A/62/64] situation in the Gaza Strip, and underlining the importance sory Commission Chairman welcomed the Agency’s of emergency and humanitarian assistance, programme of internal management enhancement and Noting the signing of the Declaration of Principles on commended unrwa’s leadership for its efforts to im- Interim Self-Government Arrangements on 13 September prove further the delivery of services to the Palestinian 1993 by the Government of Israel and the Palestine Lib- refugees under its mandate. eration Organization and the subsequent implementation Report of Conciliation Commission. The United agreements, Nations Conciliation Commission for Palestine, in its Aware of the important role to be played in the peace sixty-first report, covering the period from 1 Septem- process by the Multilateral Working Group on Refugees of the Middle East peace process, ber 2006 to 31 August 2007 [A/62/181], submitted in 1. Notes with regret that repatriation or compensation response to General Assembly resolution 61/112 [YUN of the refugees, as provided for in paragraph 11 of General 2006, p. 560], noted the submission of its July 2006 Assembly resolution 194(III), has not yet been effected, report [ibid., p. 558] and observed that it had nothing and that, therefore, the situation of the Palestine refugees further to report. continues to be a matter of grave concern and the Palestine refugees continue to require assistance to meet basic health, education and living needs; GENERAL ASSEMBLY ACTION 2. Also notes with regret that the United Nations Con- On 17 December [meeting 75], the General Assembly, ciliation Commission for Palestine has been unable to find having considered the unrwa Commissioner-General’s a means of achieving progress in the implementation of report covering the period 1 January to 31 December paragraph 11 of General Assembly resolution 194(III), and reiterates its request to the Conciliation Commission to 2006 [YUN 2006, p. 557], on the recommendation of the Fourth Committee , adopted resolution continue exerting efforts towards the implementation of [A/62/404] that paragraph and to report to the Assembly as appropri- 62/102 by recorded vote (171-2-6) [agenda item 32]. ate, but no later than 1 September 2008; 3. Affirms the necessity for the continuation of the Assistance to Palestine refugees work of the United Nations Relief and Works Agency for The General Assembly, Palestine Refugees in the Near East and the importance of its unimpeded operation and its provision of services for Recalling its resolution 194(III) of 11 December 1948 the well-being and human development of the Palestine and all its subsequent resolutions on the question, including refugees and for the stability of the region, pending the just resolution 61/112 of 14 December 2006, resolution of the question of the Palestine refugees; Recalling also its resolution 302(IV) of 8 December 1949, 4. Calls upon all donors to continue to make the most by which, inter alia, it established the United Nations Re- generous efforts possible to meet the anticipated needs of lief and Works Agency for Palestine Refugees in the Near the Agency, including with regard to increased expendi- East, tures arising from the continuing deterioration of the socio- Recalling further relevant Security Council resolutions, economic and humanitarian situation in the region, par- Aware of the fact that, for nearly six decades, the Pal- ticularly in the Occupied Palestinian Territory, and those estine refugees have suffered from the loss of their homes, mentioned in recent emergency appeals; lands and means of livelihood, 5. Decides to extend the mandate of the Agency until Affirming the imperative of resolving the problem of the 30 June 2011, without prejudice to the provisions of para- Palestine refugees for the achievement of justice and for the graph 11 of General Assembly resolution 194(III). achievement of lasting peace in the region, RECORDED VOTE ON RESOLUTION 62/102: Acknowledging the essential role that the United Nations In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Relief and Works Agency for Palestine Refugees in the Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Near East has played for more than fifty-seven years since Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Bela- its establishment in ameliorating the plight of the Palestine rus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, refugees through its provision of education, health, relief Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, and social services and emergency assistance, Burundi, Cambodia, Canada, Cape Verde, Central African 474 Political and security questions

Republic, Chile, China, Colombia, Comoros, Congo, Costa Recalling also the Convention on the Safety of United Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Nations and Associated Personnel, Democratic People’s Republic of Korea, Democratic Repub- Affirming the applicability of the Geneva Convention lic of the Congo, Denmark, Djibouti, Dominica, Dominican relative to the Protection of Civilian Persons in Time of Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, War, of 2 August 1949, to the Palestinian territory occupied Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gam- since 1967, including East Jerusalem, bia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Aware of the continuing needs of the Palestine refugees Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, throughout the Occupied Palestinian Territory and in the Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, other fields of operation, namely Jordan, Lebanon and the Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Syrian Arab Republic, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mal- Gravely concerned about the extremely difficult living dives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, conditions being faced by the Palestine refugees in the Monaco, Mongolia, Montenegro, Morocco, Mozambique, Occupied Palestinian Territory, including East Jerusalem, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Ni- particularly in the refugee camps in the Gaza Strip, result- ger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New ing, inter alia, from the loss of life and injury, the extensive Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, destruction of their shelters, properties and vital infrastruc- Republic of Korea, Romania, Russian Federation, Saint Kitts ture, the displacement of the Palestine refugees, the pro- and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sa- longed closures and socio-economic decline, moa, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Aware of the extraordinary efforts being undertaken Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syr- by the Agency for the repair or rebuilding of thousands of ian Arab Republic, Tajikistan, Thailand, The former Yugoslav damaged or destroyed refugee shelters and for the provi- Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad sion of shelter and emergency aid for those refugee families and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, internally displaced as a result of Israeli military actions, Ukraine, United Arab Emirates, United Kingdom, United as well as for those refugees affected and displaced by the Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet recent crisis in the Nahr el-Bared refugee camp in northern Nam, Yemen, Zambia, Zimbabwe. Lebanon, Against: Israel, Nauru. Aware also of the valuable work done by the Agency in Abstaining: Cameroon, Marshall Islands, Micronesia, Palau, providing protection to the Palestinian people, in particular United States, Vanuatu. Palestine refugees, Gravely concerned about the endangerment of the safety The Assembly, also on 17 December [meeting 75], of the Agency’s staff and about the damage caused to the and on the Fourth Committee’s recommendation facilities of the Agency as a result of Israeli military opera- [A/62/404], adopted resolution 62/104 by recorded tions during the reporting period, vote (170-6-3) [agenda item 32]. Deploring the killing of fourteen Agency staff members by the Israeli occupying forces in the Occupied Palestinian Ter- Operations of the United Nations Relief and Works ritory since September 2000 and of one Agency staff mem- Agency for Palestine Refugees in the Near East ber by the Israeli air force in Lebanon in August 2006, Also deploring the killing and wounding of refugee The General Assembly, children, including in the Agency’s schools, by the Israeli Recalling its resolutions 194(III) of 11 December 1948, occupying forces, 212(III) of 19 November 1948, 302(IV) of 8 December Expressing deep concern about the policies of closure 1949 and all subsequent related resolutions, including its and severe restrictions that continue to be imposed on the resolution 61/114 of 14 December 2006, movement of persons and goods and the continued con- Recalling also the relevant Security Council resolutions, struction of the wall, contrary to international law, in the Having considered the report of the Commissioner- Occupied Palestinian Territory, including in and around General of the United Nations Relief and Works Agency East Jerusalem, which have gravely impacted the socio- for Palestine Refugees in the Near East covering the economic situation of the Palestine refugees and have period from 1 January to 31 December 2006, greatly contributed to the dire humanitarian crisis facing Taking note of the letter dated 17 June 2007 from the the Palestinian people, Chairperson of the Advisory Commission of the United Deeply concerned about the continuing imposition of re- Nations Relief and Works Agency for Palestine Refugees in strictions on the freedom of movement and access of the the Near East addressed to the Commissioner-General, Agency’s staff, vehicles and goods, and the harassment and Deeply concerned about the critical financial situation intimidation of the Agency’s staff, which undermine and of the Agency, as well as about the rising expenditures of obstruct the work of the Agency, including its ability to the Agency resulting from the deterioration of the socio- provide its essential basic and emergency services, economic and humanitarian conditions in the region and Recalling the signing, on 13 September 1993, of the their significant negative impact on the provision of neces- Declaration of Principles on Interim Self-Government Ar- sary Agency services to the Palestine refugees, including its rangements by the Government of Israel and the Palestine emergency-related and development programmes, Liberation Organization and the subsequent implementa- Recalling Articles 100, 104 and 105 of the Charter of the tion agreements, United Nations and the Convention on the Privileges and Aware of the agreement between the Agency and the Immunities of the United Nations, Government of Israel, Middle East 475

Taking note of the agreement reached on 24 June 1994, 12. Urges the Government of Israel to speedily com- embodied in an exchange of letters between the Agency and pensate the Agency for damage to its property and facili- the Palestine Liberation Organization, ties resulting from actions by the Israeli side and to ex- 1. Expresses its appreciation to the Commissioner- peditiously reimburse the Agency for all transit charges General of the United Nations Relief and Works Agency incurred and other financial losses sustained by the Agency for Palestine Refugees in the Near East, as well as to all of as a result of delays and restrictions on movement and the staff of the Agency, for their tireless efforts and valuable access imposed by Israel; work, particularly in the light of the difficult conditions 13. Calls upon Israel particularly to cease obstructing during the past year; the movement and access of the staff, vehicles and supplies 2. Also expresses its appreciation to the Advisory Com- of the Agency and to cease the levying of extra fees and mission of the Agency, and requests it to continue its ef- charges, which affect the Agency’s operations detrimen- forts and to keep the General Assembly informed of its tally; activities; 14. Requests the Commissioner-General to proceed 3. Takes note with appreciation of the report of the with the issuance of identification cards for Palestine refu- Working Group on the Financing of the United Nations gees and their descendants in the Occupied Palestinian Relief and Works Agency for Palestine Refugees in the Territory; Near East and its efforts to assist in ensuring the financial 15. Affirmsthat the functioning of the Agency remains security of the Agency, and requests the Secretary-General essential in all the fields of operation; to provide the necessary services and assistance to the 16. Notes the success of the Agency’s microfinance and Working Group for the conduct of its work; microenterprise programmes, and calls upon the Agency, in 4. Commends the continuing efforts of the Commissioner- close cooperation with the relevant agencies, to continue to General to increase the budgetary transparency and ef- contribute to the development of the economic and social ficiency of the Agency, as reflected in the Agency’s pro- stability of the Palestine refugees in all the fields of opera- gramme budget for the biennium 2008-2009 and the tion; organizational reform measures being undertaken to 17. Reiterates its request to the Commissioner-General modernize and strengthen the Agency’s management and to proceed with the modernization of the archives of the its ability to address the needs of the Palestine refugees; Agency through the Palestine Refugee Records Project, and to indicate progress in her report to the General Assembly Endorses 5. , meanwhile, the efforts of the Commissioner- at its sixty-third session; General to continue to provide humanitarian assistance, 18. Reiterates its previous appeals to all States, spe- as far as practicable, on an emergency basis, and as a tem- cialized agencies and non-governmental organizations to porary measure, to persons in the area who are internally continue and to augment the special allocations for grants displaced and in serious need of continued assistance as and scholarships for higher education to Palestine refugees a result of recent incursions in the Occupied Palestinian in addition to their contributions to the regular budget of Territory and hostilities in Lebanon; the Agency and to contribute to the establishment of voca- 6. Acknowledges the important support provided by tional training centres for Palestine refugees, and requests the host Governments to the Agency in the discharge of the Agency to act as the recipient and trustee for the special its duties; allocations for grants and scholarships; 7. Encourages the Agency to make further progress in 19. Urges all States, specialized agencies and non- addressing the needs and rights of children in its opera- governmental organizations to continue and to increase tions in accordance with the Convention on the Rights of their contributions to the Agency so as to ease the ongoing the Child; financial constraints, exacerbated by the current humani- 8. Also encourages the Agency to also make further tarian situation on the ground that has resulted in rising ex- progress in addressing the needs and rights of women in penditures, in particular with regard to emergency services, accordance with the Convention on the Elimination of All and to support the Agency’s valuable and necessary work in Forms of Discrimination against Women; assisting the Palestine refugees in all fields of operation. 9. Expresses concern about the temporary relocation of RECORDED VOTE ON RESOLUTION 62/104: the international staff of the Agency from its headquar- In favour: Afghanistan, Albania, Algeria, Andorra, Angola, ters in Gaza City and the disruption of operations at the Antigua and Barbuda, Argentina, Armenia, Australia, Austria, headquarters due to the deterioration and instability of the Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Bela- situation on the ground; rus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, 10. Calls upon Israel, the occupying Power, to comply Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina fully with the provisions of the Geneva Convention relative Faso, Burundi, Cambodia, Canada, Cape Verde, Central Af- to the Protection of Civilian Persons in Time of War, of 12 rican Republic, Chile, China, Colombia, Comoros, Congo, August 1949; Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Demo- 11. Also calls upon Israel to abide by Articles 100, 104 cratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, and 105 of the Charter of the United Nations and the Con- Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Es- vention on the Privileges and Immunities of the United tonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Geor- Nations in order to ensure the safety of the personnel of the gia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Agency, the protection of its institutions and the safeguard- Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, ing of the security of its facilities in the Occupied Palestin- Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Ku- ian Territory, including East Jerusalem; wait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, 476 Political and security questions

Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, outcomes. The Working Group continued to believe Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, that unrwa played a vital role in preserving the sta- Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, bility and security of the region. To assist in meeting Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, that strategic goal, adequate funding of the Agency’s Norway, Oman, Pakistan, Panama, Papua New Guinea, Para- programmes, in accordance with the changing needs guay, Peru, Philippines, Poland, Portugal, Qatar, Republic of of the refugee community and in line with the com- Korea, Romania, Russian Federation, Saint Kitts and Nevis, parable level of services provided by host authorities to Saint Lucia, Saint Vincent and the Grenadines, Samoa, San their own citizens, was essential. Marino, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri The Working Group called on the Israeli Govern- Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syr- ment to accord free and unfettered access to the Agency, ian Arab Republic, Tajikistan, Thailand, The former Yugoslav in particular in the Gaza Strip, where regular and pro- Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad longed closure of the limited number of commercial and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, crossings hampered unrwa humanitarian operations. Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet The humanitarian problems faced by the Palestinian Nam, Yemen, Zambia, Zimbabwe. refugees had to be addressed as a shared international Against: Israel, Marshall Islands, Micronesia, Nauru, Palau, responsibility pending a final and comprehensive set- United States. tlement of the Israeli-Palestinian conflict in accord- Abstaining: Cameroon, Côte d’Ivoire, Vanuatu. ance with international legality, including relevant UN resolutions. The services provided by unrwa had UNRWA financing to be viewed as the minimum required to enable the refugees to lead productive lives. The Working Group Unrwa expended $697.1 million in 2007, against urged Governments, among other things, to fund the a total regular budget of $704.3 million, on regular Agency’s budget fully for the 2008-2009 biennium; budget, projects and emergency appeal activities. The consider making special contributions in support of largest component was an expenditure of $406.3 mil- the organizational development plan; and ensure that lion under the regular budget, accounting for nearly donor support of emergency-related and special pro- 58 per cent of total expenditure. Emergency activi- grammes did not in any way decrease or divert contri- ties and projects accounted for 30 per cent and 11 butions to the Agency’s regular programme. per cent, respectively. The microfinance and micro- enterprise programme made up less than 1 per cent of total expenditure. Education remained the largest Displaced persons programme, accounting for almost 62 per cent of the In an August report [A/62/282], submitted in com- budget, followed by health (20 per cent) and relief and pliance with General Assembly resolution 61/113 [YUN social services (9 per cent). The unfunded portion of 2006, p. 563], which called for the accelerated return of $90.9 million resulted from the difference between a all persons displaced as a result of the June 1967 and needs-based budget and the contributions of donors. subsequent hostilities to their homes in the territories The shortfall necessitated the adoption of stringent occupied by Israel since then, the Secretary-General austerity measures throughout the Agency. said that the Agency’s information was based on re- Working Group. The Working Group on the quests by returning registered refugees for the transfer Financing of unrwa held two meetings in 2007, on of their entitlements to their area of return. Unrwa 4 September and on 19 September. In its report to was not involved in the arrangements for the return the General Assembly [A /62/361], the Working Group of either refugees or displaced persons not registered said that the budget for the 2006‑2007 biennium with it. Displaced refugees known by unrwa to have was seriously underfunded. In 2006, contributions returned to the West Bank and Gaza Strip since 1967 reached only $371.5 million, representing 76 per cent totalled 29,003. From 1 July 2006 to 30 June 2007, of a budget totalling $488.6 million. In 2007, aided 2,220 refugees registered with unrwa had returned by favourable exchange rate movements, the Agency to the West Bank and 249 to the Gaza Strip from out- projected its income at $414.6 million, still 18 per cent side the Occupied Palestinian Territory; some of the below the required amount. In preparation for the new returnees might not have been displaced since 1967, biennium, commencing 1 January 2008, the Working but were possibly family members of a displaced reg- Group urged the donor community to meet its com- istered refugee. mitments to unrwa in full. In that regard, the Work- On 8 June, the Secretary-General sought informa- ing Group welcomed the Agency’s strengthened focus tion from Member States on action taken or envisaged on strategic planning, monitoring and evaluation of to implement the relevant provisions of resolution programmes, as well as its commitment to results- 61/113. In a 2 August note verbale, the Permanent based management, ensuring the most effective use of Observer of Palestine said that Israel had yet to com- donor funds and a stronger emphasis on well-defined ply with the mechanisms agreed on by the parties in Middle East 477 the 1993 Declaration of Principles on Interim Self- organizations concerned for the above-mentioned pur- poses; Government Arrangements [YUN 1993, p. 521] for a re- turn of displaced persons. In a 16 August note verbale, 5. Requests the Secretary-General, after consulting with Israel said that with the emergence of a Palestinian the Commissioner-General, to report to the General Assem- Government that accepted the three basic principles bly before its sixty-third session on the progress made with regard to the implementation of the present resolution. of the international community—recognizing Israel, renouncing violence and terror and abiding by previ- RECORDED VOTE ON RESOLUTION 62/103: ous agreements—there was potential for progress on In favour: Afghanistan, Albania, Algeria, Andorra, Angola, an Israeli-Palestinian dialogue. Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Bela- rus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, GENERAL ASSEMBLY ACTION Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, On 17 December , the General Assem- Burundi, Cambodia, Cameroon, Cape Verde, Central African [meeting 75] Republic, Chile, China, Colombia, Comoros, Congo, Costa bly, on the recommendation of the Fourth Commit- Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, tee [A/62/404], adopted resolution 62/103 by recorded Democratic People’s Republic of Korea, Democratic Repub- vote (171-6-2) [agenda item 32]. lic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gam- Persons displaced as a result of the June 1967 bia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, and subsequent hostilities Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, The General Assembly, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Recalling its resolutions 2252(ES-V) of 4 July 1967, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, 2341 B (XXII) of 19 December 1967 and all subsequent Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mal- related resolutions, dives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Recalling also Security Council resolutions 237(1967) of Monaco, Mongolia, Montenegro, Morocco, Mozambique, 14 June 1967 and 259(1968) of 27 September 1968, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Ni- Taking note of the report of the Secretary-General sub- ger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New mitted in pursuance of its resolution 61/113 of 14 Decem- Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, ber 2006, Republic of Korea, Romania, Russian Federation, Saint Kitts Taking note also of the report of the Commissioner- and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sa- General of the United Nations Relief and Works Agency moa, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, for Palestine Refugees in the Near East covering the period Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syr- from 1 January to 31 December 2006, ian Arab Republic, Tajikistan, Thailand, The former Yugoslav Concerned about the continuing human suffering re- Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad sulting from the June 1967 and subsequent hostilities, and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Taking note of the relevant provisions of the Declaration Ukraine, United Arab Emirates, United Kingdom, United of Principles on Interim Self-Government Arrangements Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet of 13 September 1993 with regard to the modalities for the Nam, Yemen, Zambia, Zimbabwe. admission of persons displaced in 1967, and concerned that Against: Israel, Marshall Islands, Micronesia, Nauru, Palau, the process agreed upon has not yet been effected, United States. 1. Reaffirms the right of all persons displaced as a result Abstaining: Canada, Vanuatu. of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories Property rights occupied by Israel since 1967; 2. Expresses deep concern that the mechanism agreed In response to General Assembly resolution 61/115 upon by the parties in article XII of the Declaration of [YUN 2006, p. 564], the Secretary-General submitted an Principles on Interim Self-Government Arrangements of August report [A/62/312] on steps taken to protect and 13 September 1993 on the return of displaced persons has administer Arab property, assets and property rights in not been complied with, and stresses the necessity for an Israel. He indicated that he had transmitted the resolution accelerated return of displaced persons; to all Member States, requesting information on any steps 3. Endorses, in the meanwhile, the efforts of the taken or envisaged to implement it. The report detailed Commissioner-General of the United Nations Relief and replies from Israel and the Permanent Observer of Pal- Works Agency for Palestine Refugees in the Near East to estine, covering various aspects of Assembly resolutions continue to provide humanitarian assistance, as far as prac- ticable, on an emergency basis, and as a temporary measure, 61/115 and 61/112 [YUN 2006, p. 560] pertaining to assist- to persons in the area who are currently displaced and in ance to Palestinian refugees. The Permanent Observer, serious need of continued assistance as a result of the June in his reply, said that Palestine refugees continued to be 1967 and subsequent hostilities; denied their inalienable right to return by Israel and thus 4. Strongly appeals to all Governments and to organiza- continued to live in exile, suffering as a stateless, dispos- tions and individuals to contribute generously to the Agency sessed and dispersed people, with millions of them liv- and to the other intergovernmental and non-governmental ing in refugee camps that were originally established as 478 Political and security questions temporary shelter for them throughout the Middle East. 4. Calls upon all the parties concerned to provide the Israel, in its reply, said that despite Hamas’ terrorist at- Secretary-General with any pertinent information in their tacks on the crossing points used to enable the entry of possession concerning Arab property, assets and property humanitarian aid into Gaza, Israel had made every effort rights in Israel that would assist him in the implementation to keep those crossing points open in coordination with of the present resolution; the United Nations and its specialized agencies. 5. Urges the Palestinian and Israeli sides, as agreed be- tween them, to deal with the important issue of Palestine refugees’ properties and their revenues within the frame- GENERAL ASSEMBLY ACTION work of the final status negotiations of the Middle East On 17 December [meeting 75], the General Assem- peace process; bly, on the recommendation of the Fourth Commit- 6. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the imple- tee [A/62/404], adopted resolution 62/105 by recorded mentation of the present resolution. vote (170-6-3) [agenda item 32]. RECORDED VOTE ON RESOLUTION 62/105: Palestine refugees’ properties and their revenues In favour: Afghanistan, Albania, Algeria, Andorra, Angola, The General Assembly, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Bela- Recalling its resolutions 194(III) of 11 December 1948 rus, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, and 36/146 C of 16 December 1981 and all its subsequent Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina resolutions on the question, Faso, Burundi, Cambodia, Canada, Cape Verde, Central Af- Taking note of the report of the Secretary-General sub- rican Republic, Chile, China, Colombia, Comoros, Congo, mitted in pursuance of its resolution 61/115 of 14 Decem- Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Demo- ber 2006, cratic People’s Republic of Korea, Democratic Republic of the Taking note also of the report of the United Nations Congo, Denmark, Djibouti, Dominica, Dominican Republic, Conciliation Commission for Palestine for the period from Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Es- 1 September 2006 to 31 August 2007, tonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Geor- gia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Recalling that the Universal Declaration of Human Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Rights and the principles of international law uphold the Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Ku- principle that no one shall be arbitrarily deprived of his or wait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, her property, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Recalling in particular its resolution 394(V) of 14 De- Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, cember 1950, in which it directed the Conciliation Com- Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, mission, in consultation with the parties concerned, to pre- Mongolia, Montenegro, Morocco, Mozambique, Myanmar, scribe measures for the protection of the rights, property Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, and interests of the Palestine refugees, Norway, Oman, Pakistan, Panama, Papua New Guinea, Para- Noting the completion of the programme of identifica- guay, Peru, Philippines, Poland, Portugal, Qatar, Republic of tion and evaluation of Arab property, as announced by the Korea, Romania, Russian Federation, Saint Kitts and Nevis, Conciliation Commission in its twenty-second progress Saint Lucia, Saint Vincent and the Grenadines, Samoa, San report, and the fact that the Land Office had a schedule of Marino, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Arab owners and a file of documents defining the location, Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syr- area and other particulars of Arab property, ian Arab Republic, Tajikistan, Thailand, The former Yugoslav Expressing its appreciation for the preservation and Republic of Macedonia, Timor-Leste, Togo, Tonga, Trinidad modernization of the existing records, including the land and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, records, of the Conciliation Commission and the impor- Ukraine, United Arab Emirates, United Kingdom, United tance of such records for a just resolution of the plight of the Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Palestine refugees in conformity with resolution 194(III), Nam, Yemen, Zambia, Zimbabwe. Recalling that, in the framework of the Middle East peace Against: Israel, Marshall Islands, Micronesia, Nauru, Palau, process, the Palestine Liberation Organization and the Gov- United States. ernment of Israel agreed, in the Declaration of Principles on Abstaining: Cameroon, Côte d’Ivoire, Vanuatu. Interim Self-Government Arrangements of 13 September 1993, to commence negotiations on permanent status issues, including the important issue of the refugees, 1. Reaffirms that the Palestine refugees are entitled to Peacekeeping operations their property and to the income derived therefrom, in conformity with the principles of equity and justice; In 2007, the United Nations Truce Supervision Or- 2. Requests the Secretary-General to take all appropri- ate steps, in consultation with the United Nations Concili- ganization (untso), originally set up to monitor the ation Commission for Palestine, for the protection of Arab ceasefire called for by the Security Council in resolu- property, assets and property rights in Israel; tion S/801 of 29 May 1948 [YUN 1947-48, p. 427] in 3. Calls once again upon Israel to render all facilities the newly partitioned Palestine, continued its work. and assistance to the Secretary-General in the implementa- Untso unarmed military observers fulfilled evolv- tion of the present resolution; ing mandates—from supervising the four armistice Middle East 479 agreements between Israel and its neighbours (Egypt, in Lebanon (unifil) Force Commander, to replace Jordan, Lebanon and the Syrian Arab Republic) to ob- Major General Alain Pellegrini (France). serving and monitoring other ceasefires, as well as per- In December, by resolution 62/188, the General forming a number of additional tasks. During the year, Assembly noted the environmental disaster caused by untso personnel worked with two remaining UN the destruction by the Israeli Air Force on 15 July 2006 peacekeeping forces in the Middle East—the United of oil storage tanks near the el Jiyeh electric power Nations Disengagement Observer Force (undof) in plant in Lebanon, resulting in an oil slick that covered the Golan Heights and the United Nations Interim the entire Lebanese coastline [YUN 2006, p. 1215], and Force in Lebanon (unifil). requested Israel to compensate Lebanon and other af- fected countries for the costs of repairing the environ- Lebanon mental damage (see p. 1053). Communications. In communications received Lebanon continued to be the focus of international throughout the year attention and concern throughout 2007. [A/61/687-S/2007/3, A/61/697- S/2007/18, A/61/707-S/2007/29, A/61/721-S/2007/45, The United Nations International Independent In- A/61/728-S/2007/57, A/61/731-S/2007/63, A/61/750- vestigation Commission (uniiic) continued to inves- S/2007/94, A/61/763-S/2007/108, A/61/781-S/2007/124, tigate the 14 February 2005 assassination of former A/61/782-S/2007/125, A/61/793-S/2007/140, A/61/809- Lebanese Prime Minister Rafik Hariri and 22 others S/2007/155, A/61/821-S/2007/172, A/61/834-S/2007/183, . [YUN 2005, p. 551] A/61/843-S/2007/187, A/61/844-S/2007/188, A/61/860- The paramilitary group Hizbullah continued to S/2007/209, A/61/875-S/2007/219, A/61/887-S/2007/247, carry out attacks against positions of the Israeli De- A/61/907-S/2007/276, A/61/908-S/2007/277, A/61/909- fence Forces (idf) inside Israel, while idf continued S/2007/278, A/61/921-S/2007/304, A/61/928-S/2007/311, attacks within Lebanon. The Shab’a farmlands had A/61/929-S/2007/313, A/61/941-S/2007/332, A/61/942- been an area of contention since the withdrawal of Is- S/2007/333, A/61/951-S/2007/344, A/61/960-S/2007/375, raeli forces from Lebanon in June 2000. According to A/61/983-S/2007/380, A/61/989-S/2007/408, A/61/990- the Lebanese Government, Israel’s withdrawal from S/2007/409, A/62/475-S/2007/420, A/61/1002-S/2007/429, southern Lebanon was incomplete, as Israeli forces A/61/1007-S/2007/449, A/61/1008-S/2007/450, A/61/1009- continued to occupy the Shab’a Farms, while Israel S/2007/451, A/61/1013-S/2007/460, A/61/1021-S/2007/477, viewed the area as occupied Syrian territory and thus A/61/1022-S/2007/478, A/61/1037-S/2007/527, A/61/1039- within the purview of Council resolution 242(1967) S/2007/528, A/61/1040-S/2007/529, A/62/362-S/2007/565, [YUN 1967, p. 257] on the Israeli-Syrian conflict, and not A/62/465-S/2007/587, A/62/471-S/2007/594, A/62/476- resolution 425(1978) [YUN 1978, p. 312], which dealt S/2007/597, A/62/484-S/2007/604, A/62/495-S/2007/620, with Israel’s withdrawal from Lebanon. However, Leb- A/62/514-S/2007/639, A/62/526-S/2007/654, A/62/527- anon and the Syrian Arab Republic maintained that S/2007/655, A/62/545-S/2007/668, A/62/558-S/2007/696, the Shab’a farmlands were inside Lebanese territory. A A/62/568-S/2007/709, A/62/570-S/2007/717, A/62/577- UN senior cartographer visited the area on 5 Septem- S/2007/727, A/62/592-S/2007/747], Lebanon reported ber and, based on the review and analysis of evidence, on Israeli acts of aggression and violations of the Blue provided a provisional definition of the geographical Line, the provisional border drawn by the United Na- extent of the Shab’a Farms. tions following the withdrawal of Israeli troops from In February, the Secretary-General informed the southern Lebanon in 2000, and consequently of Leba- Security Council of his intention to appoint Geir nese sovereignty and territorial integrity. Pedersen (Norway) as his Special Coordinator for Leb- In a series of letters [A/61/820-S/2007/167, A/61/959- anon [S/2007/85]. In that capacity, Mr. Pedersen would S/2007/368, A/61/1034-S/2007/519], Israel reported on at- be responsible for coordinating the work of the United tacks carried out across the Blue Line, as well as firing Nations in the country, and would ensure, among of rockets, by Hizbullah and other militants, against other things, that the activities of the UN country Israeli civilians and military targets. Israel noted with team in Lebanon were coordinated with the Leba- concern the presence of armed Hizbullah elements nese Government, donors and international financial south of the Litani River and the violation of the em- institutions in line with the overall objectives of the bargo and transfer of weapons from the Syrian Arab United Nations in Lebanon. The Council took note of Republic to Hizbullah in Lebanon. the Secretary-General’s intention [S/2007/86]. Implementation of resolution In an exchange of letters of 16 [S/2007/26] and 19 1701(2006) and UNIFIL activities January [S/2007/27] with the Council President, the Secretary-General appointed Major General Claudio In 2007, the Security Council extended the unifil Graziano (Italy) as the United Nations Interim Force mandate once for a one-year period. The adoption of 480 Political and security questions

Council resolution 1701(2006) on 11 August 2006 the Litani River, including the nearly full deployment [YUN 2006, p. 583], which was approved by both the of a strengthened unifil and the deployment of the Lebanese and the Israeli Governments, brought about Lebanese Army. The Secretary-General was also en- a ceasefire, effective 14 August, between Israel and couraged by the absence of any positions other than Hizbullah after a month-long conflict that caused those of laf and unifil along the Blue Line. However, hundreds of civilian deaths and major infrastructure the report was submitted against the background of an damage throughout Lebanon. The resolution, among acute and continuing political crisis in Lebanon and other things, expanded the numbers, mandate and mounting Israeli concerns about the unauthorized scope of unifil. transfer of arms across the Lebanese-Syrian border. Established by Security Council resolution In addition, no major progress was made on key is- 425(1978), following Israel’s invasion of Lebanon sues that were vital to the achievement of a permanent ceasefire and a long-term solution, such as the captured [YUN 1978, p. 312], unifil was originally entrusted with confirming the withdrawal of Israeli forces, re- Israeli soldiers and the Lebanese prisoners, the Shab’a storing international peace and security, and assisting farmlands and the halting of Israeli overflights. Leba- Lebanon in regaining authority in southern Lebanon. nese citizens in the south of Lebanon continued to be Following a second invasion in 1982 , exposed to danger owing to the use of cluster bombs [YUN 1982, p. 428] by idf during the 2006 conflict. the Council, in resolution 511(1982) [ibid., p. 450], au- thorized the Force to carry out the additional task of The cessation of hostilities was breached by a seri- providing protection and humanitarian assistance to ous incident along the Blue Line on 7 February. On the local population. Following the withdrawal of Is- that day, idf informed unifil of its intention to cross the Israeli technical fence that night, near the Leb- raeli forces from Lebanon in 2000 [YUN 2000, p. 465], unifil was reinforced in order to monitor those terri- anese village of Maroun Al-Ras, to clear a number tories previously occupied by Israeli forces, to prevent of suspected mines identified north of the fence on the recurrence of fighting and create conditions for the Israeli territory. Laf pointed out that, should idf restoration of Lebanese authority in the area. cross the technical fence during that night, it would Communications. On 8 February be difficult to ensure that no violation of the Blue [A/61/734- Line would occur. Consequently, laf stressed that it S/2007/69], Israel informed the Secretary-General and the Council President that an incident took place on would not accept the planned Israeli night-time op- 7 February along the northern border. While clearing eration and would open fire should it be conducted. mines in a salient inside Israeli territory, north of the Laf proposed that the action be suspended until the border fence but south of the Blue Line, Israeli soldiers following day. While acknowledging Israel’s security were fired on by the Lebanese Armed Forces laf( ). In concerns, the unifil Force Commander urged idf response, idf returned fire. dfI had informed unifil to suspend its action and to resolve the matter by re- in advance of its intent to operate in the area, and had laying its concerns through unifil liaison channels asked that the information be shared with laf. and the holding of an urgent tripartite meeting. In the meantime, unifil deployed troops to the area to On 12 February [A/61/740-S/2007/82], Lebanon, establish a buffer zone between laf and idf. Despite while awaiting the results of unifil’s investigation on the Force Commander’s appeals, idf proceeded with the incident that took place on 7 February (see be- the operation that night. At first, laf fired warning low), said that Israel claimed that it was conducting shots after idf had made an opening in the fence; demining activities by night in an area where the Blue then, in violation of the cessation of hostilities agree- Line was not easily identified. However,laf conveyed ment, laf intensified fire towards the idf bulldozer, a message through unifil on the need to postpone which had passed through the fence but was still on Israel’s activities until the morning, when there would the Israeli side of the Blue Line. Idf responded by be no confusion as to the location of the Blue Line, and firing a round. While unifil was able to negotiate a that it would shoot at anyone who violated the Blue ceasefire, the bulldozer and accompanying excavator Line. Despite the warning, idf breached the technical subsequently violated the Blue Line when carrying out fence and advanced into Lebanese territory. earthworks to clear the suspected mines. The Force Report of Secretary-General (March). Pursuant Commander convened a tripartite meeting with se- to Security Council presidential statement 2006/52 nior representatives of idf and laf on 12 February and [YUN 2006, p. 589], the Secretary-General, on 14 March presented them with a unifil report on the incident. [S/2007/147], submitted his third report on the imple- The report concluded that both parties had violated mentation of Security Council resolution 1701(2006) resolution 1701(2006) by their actions that night. It [YUN 2006, p. 583]. He said that the overall commit- recommended that the Blue Line be visibly marked ment by Israel and Lebanon to resolution 1701(2006) in sensitive areas, and that the agreed coordination remained strong. He was encouraged by the major and liaison arrangements be brought into force. The strategic changes that were made in the area south of report also called on the parties to make use of the Middle East 481 tripartite coordination mechanism in order to avoid and helping to secure the country’s land and maritime similar incidents in the future. That serious violation borders. However, the country’s ongoing political crisis of resolution 1701(2006) came only two days after idf also required laf to deploy in Beirut and in other areas had taken unilateral action to destroy other suspected of the country to ensure internal security. Those addi- improvised explosive devices detected near the Blue tional tasks placed considerable strain on the Forces, Line at the same location. and sometimes limited their ability to carry out the Throughout the period under review, unifil con- tasks required under resolution 1701(2006). On some tinued to report Israeli air violations of the Blue Line occasions, laf units had shown a certain reluctance by jets and unmanned aerial vehicles. There was a to respond to requests from unifil, including when significant increase in Israeli air violations in Febru- conducting coordinated search operations. In each ary and at the beginning of March. The Lebanese case, however, unifil and laf were able to agree on Government protested the overflights as a serious a tactical approach that allowed joint operations to violation of Lebanese sovereignty and of resolution go forward. While coordination and liaison between 1701(2006), while the Israeli Government maintained unifil and idf had been generally good, the unifil that the overflights were a necessary security measure Force Commander was unable to establish direct con- that would continue until the two abducted Israeli tact with senior idf representatives for much of the soldiers were released and the measures established in time during the incidents along the Blue Line in Feb- paragraphs 14 and 15 of resolution 1701(2006) were ruary, contravening agreed arrangements. Given the implemented. Both parties agreed to the unifil pro- considerable military presence of laf and the United posal to mark the Blue Line visibly in sensitive areas, Nations Force south of the Litani River, it would have particularly in locations where there was a significant been very difficult for unauthorized armed personnel distance between the line and the Israeli technical to establish any new military capacity in that area. At fence. Unifil was engaged with laf and idf in the the same time, unarmed personnel, suspected of being process of erecting markers at selected points, in close affiliated to Hizbullah, were observed monitoringuni - coordination with both parties, in order to prevent in- fil activities at various points throughout its area of advertent violations. Regular Lebanese patrols along operations, at times taking photographs and filming. the Blue Line also contributed to providing better The Israeli Government provided a series of detailed security and preventing violations by civilians on a intelligence briefings to senior UN representatives number of occasions. that indicated serious breaches of the arms embargo Idf continued to maintain a presence north of the across the Lebanese-Syrian border. The briefings -in Blue Line inside Lebanese territory through its con- cluded a specific example of a reported arms shipment trol of the northern part of Ghajar village. Unifil was to Hizbullah early in January. The date, exact times engaged with the Israeli and Lebanese forces in order and names of places of the incident were reported to to finalize temporary security arrangements for north- UN officials. Israel claimed that hundreds of such ern Ghajar, which would facilitate the withdrawal shipments, including short- and longer-range rock- of idf from the area. There had been no significant ets, anti-tank and anti-aircraft defence systems, had changes in the deployment of laf inside unifil’s area crossed the Lebanese-Syrian border since the end of of operations since the Secretary-General’s 1 Decem- the 2006 conflict. With regard to Israeli charges of ber 2006 report [YUN 2006, p. 588]. Three Lebanese weapon smuggling across the border, Lebanese au- brigades were deployed along the Blue Line, and an- thorities requested that evidence be provided to al- other was deployed in the area of Tyre. The Lebanese low experts to verify the allegations. A Lebanese joint Armed Forces maintained 142 positions in unifil’s security committee, headed by the Director-General area of operations, of which 45 were along the Blue of General Security, and comprising representatives Line; 114 of those positions were checkpoints. Uni- of laf and the Lebanese Customs Authorities, Inter- fil continued to assist laf in ensuring that the area nal Security and General Security, was established between the Blue Line and the Litani River was free to monitor and control all Lebanese international of any armed personnel, assets or weapons other than borders, liaise with international partners providing those of laf and unifil. Laf monitored and con- assistance and implement applicable laws and regu- trolled entry points into the area between the Litani lations. The Syrian Arab Republic indicated that it River and the Blue Line through permanent check- had taken all measures required on its borders to pre- points and patrols. Joint efforts bylaf and unifil did vent smuggling between its territory and Lebanon. not detect illegal transfers of arms to the area south of Syria also alleged that Israel was sending weapons the Litani River. According to resolution 1701(2006), to some Lebanese groups in order to affect the situa- laf, which comprised an estimated 55,000 military tion in Lebanon negatively. It had not, however, pro- personnel, was charged with a significant number of vided any evidence in support of that allegation. The essential tasks, including maintaining peace and secu- Secretary-General noted that in considering further rity in southern Lebanon, in cooperation with unifil, steps to ensure full implementation of paragraph 15 of 482 Political and security questions resolution 1701(2006), including the arms embargo, vious year that the Shab’a Farms area was Lebanese, the Security Council might wish to consider support- which constituted a new legal reality. At the same time, ing an independent assessment mission to monitor the he noted in particular the alternative path suggested border (see p. 484). by the Lebanese Government in its Seven-Point Plan Further to the request contained in the statement of [YUN 2006, p. 579], namely placing the Shab’a Farms the Council President on 12 December 2006 [YUN 2006, under United Nations jurisdiction until a border was p. 589] inviting the Secretary-General to pursue further permanently delineated and Lebanese sovereignty over a technical and independent assessment of the situation them was settled. A senior UN cartographer was en- along the Lebanese-Syrian border, a UN team of bor- gaged to examine the geographical definition of the der police experts made a visit to Lebanon late in the Shab’a Farms area. reporting period. The team noted that the lack of critical In response to the decision by the Council in its equipment and basic training for customs and other offi- resolution 1701(2006) to supplement and enhance the cials continued to hamper efforts to secure the Lebanese numbers, equipment, mandate and scope of unifil’s land border with the Syrian Arab Republic properly. On operations, the mission continued its phased deploy- the maritime border, the donation of 10 small patrol ment during the reporting period. With the second boats by the United Arab Emirates should provide an phase of deployment completed, as at 20 February important new capacity to the Lebanese Navy once they 2007, the total number of military personnel reached were fully operational. Bilateral assistance to the Leba- 12,431, from 29 contributing countries. A total of nese Government to help enhance equipment, methods, 10,479 ground troops operated in two established capacity and training would continue to be critical. A sectors: Sector West, based in Tibnin, and Sector team from Germany was working closely with Lebanese East, based in Marjayoun. Total unifil naval person- officials to launch a pilot project on the northern part of nel numbered 1,772. As at 8 February, civilian staff the Lebanese-Syrian border, as well as devising training strength totalled 473 of an authorized maximum of programmes and delivering equipment. 1,078 staff. On 2 February, Major General Claudio The United Nations Mine Action Coordination Graziano (Italy) took over unifil’s command from Centre, in conjunction with the Lebanese national Major General Alain Pellegrini (France). demining office, identified the strike locations of an Communication. On 11 April [S/2007/199], Israel, additional 32 individual cluster bomblets during the having examined the Secretary-General’s third report reporting period. As at 27 February, a total of 854 on the implementation of resolution 1701(2006) (see cluster bomblet strike locations had been recorded. above), identified and addressed three areas of concern: Contamination from unexploded ordnance covered the abducted Israeli soldiers, the arms embargo and more than 34 million square metres, some of which the situation south of the Litani River. had been cleared of mines and unexploded ordnance prior to the 2006 conflict. Despite repeated UN ef- SECURITY COUNCIL ACTION forts to receive detailed information from idf regard- ing the exact location, quantity and type of cluster On 17 April [meeting 5664], following consultations munitions utilized during the conflict, Israel had not among Security Council members, the President made yet provided unifil with that data. statement S/PRST/2007/12 on behalf of the Council: The return of the two Israeli soldiers abducted by The Security Council recalls all its previous resolu- Hizbullah on 12 July 2006 and a tions on Lebanon, in particular resolutions 425(1978), [YUN 2006, p. 574] 426(1978), 520(1982), 1559(2004), 1680(2006) and solution of the question of Lebanese citizens detained 1701(2006), as well as the statements by its President on in Israel were the focus of further intense negotiation the situation in Lebanon, in particular the statement of efforts. Hizbullah publicly rejected the concept of an 12 December 2006. immediate and unconditional release of the two Is- The Council reiterates its full support for the legitimate raeli soldiers, insisting instead on the release of large and democratically elected Government of Lebanon, calls numbers of detainees in Israel beyond the framework for full respect of the democratic institutions of the coun- of resolution 1701(2006). On the Israeli side, the Leba- try, in conformity with its Constitution, and condemns nese citizens captured by idf during the 2006 conflict any effort to destabilize Lebanon. The Council calls upon were all visited by the International Committee of the all Lebanese political parties to show responsibility with a Red Cross. There was a readiness to solve the very few view to preventing, through dialogue, further deteriora- Lebanese cases, on condition that Hizbullah honoured tion of the situation in Lebanon. It reaffirms its strong its obligations. support for the sovereignty, territorial integrity, unity and political independence of Lebanon within its internation- A permanent solution to the issue of the delinea- ally recognized borders and under the sole and exclusive tion of borders remained contingent upon the delin- authority of the Government of Lebanon. eation of the border between Syria and Lebanon. In The Council welcomes the report of the Secretary- that regard, the Secretary-General noted the repeated General of 14 March 2007 on the implementation of statements of Syrian representatives made over the pre- resolution 1701(2006). It notes with appreciation the in- Middle East 483

dication by the Secretary-General that further progress next report, on the findings and recommendations of the has been made towards the implementation of resolu- mission in this regard. The Council urges all parties to tion 1701(2006). It reiterates its attachment to the full cooperate fully with the mission. implementation of all provisions of the resolution and The Council again urges all Member States, in particu- urges all concerned parties to cooperate fully with the lar those in the region, to take all necessary measures to Council and the Secretary-General to achieve a perma- implement in full paragraph 15 of resolution 1701(2006) nent ceasefire and a long-term solution as envisioned in to enforce the arms embargo, and expresses its intention, the resolution. upon reception of the recommendations of the Secretary- The Council welcomes the completion of the second General, to take further concrete steps to achieve the phase of the deployment of the United Nations Interim goals set out in this paragraph. Force in Lebanon, expresses its strong appreciation to The Council welcomes any request by the Government Member States that contribute to the Force and com- of Lebanon for assistance to enhance Lebanon’s border mends the active role of the Force, notably of its Com- security capacities, including by supplying equipment mander, as well as of the United Nations Special Coor- and training. It welcomes in this regard the ongoing as- dinator for Lebanon. sistance provided by the Federal Republic of Germany, The Council, taking note of the observation of the the United Arab Emirates and others, and encourages Secretary-General that more can be done to consolidate Member States, as suggested by the Secretary-General, the cessation of hostilities, urges the Governments of Is- to consider further assistance. rael and Lebanon to approve the temporary security ar- The Council, while commending the steps taken by rangements for the northern part of the village of Ghajar the Government of Lebanon to exercise its monopoly of and to further close liaison and coordination arrange- the use of force throughout its territory, takes note with ments with the Force, notably through tripartite meet- concern of reported activities of unauthorized armed ele- ings. It also encourages the parties to cooperate with the ments outside of the area of operations of the Force and Force to visibly mark the Blue Line, notably in sensitive reiterates its call for disbanding and disarmament of all areas in order to prevent inadvertent violations. militias and armed groups in Lebanon. It expresses its deep concern at the report of recent statements made in The Council welcomes the measures taken by the Gov- this regard by the Hizbullah Secretary General, notably ernment of Lebanon, with the assistance of the Force, with regard to the seizure by the Lebanese authorities to establish between the Blue Line and the Litani River of a truckload of arms on 8 February 2007, and under- an area free of any armed personnel, assets and weapons scores that these statements are an open admission of other than those of the Government of Lebanon and of activities which would constitute a violation of resolu- the Force, and encourages the Government of Lebanon tion 1701(2006). It expresses concern at any allegation of to strengthen its efforts to this end. rearming of Lebanese and non-Lebanese armed groups The Council reiterates its deep concern at the continu- and militias and reiterates that there should be no sale or ing Israeli violations of Lebanese air space, appeals to all supply of arms and related materiel to Lebanon except as parties concerned to respect the cessation of hostilities authorized by its Government. and the Blue Line in its entirety, to refrain from any act The Council expresses deepest worry at the presence of provocation, and to abide scrupulously by their obliga- in very high numbers of unexploded ordnance in south- tion to respect the safety of the Force and other United ern Lebanon, including cluster munitions. It deplores Nations personnel, including by avoiding any course of the death and injury of dozens of civilians, as well as of action which endangers United Nations personnel and several deminers, caused by those munitions since the by ensuring that the Force is accorded full freedom of cessation of hostilities. It supports in this context the re- movement throughout its area of operation. quest by the Secretary-General to Israel to provide to the The Council, in this context, expresses its serious con- United Nations detailed data on its use of cluster muni- cern at mounting information by Israel and another State tions in southern Lebanon. of illegal movements of arms across the Lebanese-Syrian The Council notes with profound concern that there border in violation of resolution 1701(2006). It welcomes has been no progress on the issue of the return of the two the determination expressed and the measures taken by Israeli soldiers abducted by Hizbullah on 12 July 2006 the Government of Lebanon to prevent such movements despite further intense efforts by the Secretary-General in conformity with relevant resolutions, notes that the and his facilitator, and reiterates its call for their immedi- Government of the Syrian Arab Republic has stated that ate and unconditional release. it has taken measures and reiterates its call upon that The Council further encourages efforts aimed at -ur Government to take further measures to reinforce con- gently settling the issue of the Lebanese prisoners de- trols at the border. tained in Israel. The Council, taking note of the letter dated 13 April The Council commends the efforts of the Secretary- 2007 from the Secretary-General to the President of the General and his facilitator towards an early resolution of Council, welcomes the intention of the Secretary-General those issues and reiterates its call upon all parties concerned to evaluate the situation along the entire border and in- to fully cooperate with the Secretary-General to this end. vites him to dispatch at the earliest, in close liaison with Bearing in mind the relevant provisions of resolutions the Government of Lebanon, an independent mission to 1559(2004), 1680(2006) and 1701(2006), in particular fully assess the monitoring of the border and to keep the paragraph 10 of resolution 1701(2006), on the delinea- Council informed on his contacts with the Government tion of the Syrian-Lebanese border, the Council notes of Lebanon, and to report back to the Council, before his in this context the progress recently made by the se- 484 Political and security questions

nior cartographer appointed by the Secretary-General in border security management: laf, General Security, reviewing relevant material and developing an accurate the Internal Security Force and General Customs. territorial definition of the Shebaa Farms area. Noting During talks and field visits, the Team observed that the expectation of the Secretary-General that the tech- the level of cooperation and coordination, particularly nical work will be completed by mid-June 2007 and his in terms of inter-agency information-sharing and joint intention to report more fully at that time, the Council invites all parties to cooperate with the cartographer by planning, was rather low. As a natural result of the providing any relevant material in their possession. long period in which there was no traditional land The Council also reiterates its appreciation for the border and consequently very limited border security process launched by the Secretary-General to investigate management, the four agencies had acquired little ex- the implications of the interim proposal contained in the perience or expertise in that domain. The design and seven-point plan of the Government of Lebanon regard- layout of the border crossing points did not fully meet ing the Shebaa Farms area. It looks forward to the early the requirements of a controlled area designated for completion of this task in liaison with relevant parties border security activities. In addition, there was a lack and to further recommendations by the Secretary- of prescribed procedures for activities related to a bor- General on this key issue. der crossing point, resulting in an unregulated flow The Council reaffirms its full support to the Secretary- of passengers, vehicles and cargo within the facilities. General in his efforts and dedication to facilitate and Training in traditional border security skills would en- assist in the fulfilment of all provisions of resolution able the agencies involved to reverse or remedy those 1701(2006). conditions. The Team found widespread professional The Council stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in will to secure Lebanon’s borders. It also found that the Middle East, based on all its relevant resolutions, the border security agencies had introduced some including resolutions 242(1967) of 22 November 1967 measures to improve border management efficiency. and 338(1973) of 22 October 1973. However, the Team also assessed that the state of bor- der security was insufficient to prevent smuggling, in United Nations Lebanon particular the smuggling of arms, to any significant Independent Border Assessment Team extent. The assessment was further strengthened by the fact that not a single on-border or near-border seizure On 13 April [S/2007/207], the Secretary-General in- of smuggled arms was documented. There was still formed the Council President that, on the previous day, substantial room for improvement in border security the Lebanese Prime Minister, Fouad Siniora, had agreed management, some of which could be achieved only in principle to the establishment of an independent as- through assistance and support from the international sessment mission to monitor the Lebanese-Syrian bor- community. der. The Secretary-General and the Prime Minister had The Team proposed a number of recommenda- also agreed that, if the Council supported the proposal, tions that Lebanese authorities could implement on the United Nations would cooperate closely with the their own without significant financial implications Lebanese Government on the terms of reference of such and without changes in the organizational structure a mission. The mission would provide recommendations of the border management agencies. A multi-agency on measures and strategies leading to the enhancement mobile force focusing on arms smuggling should be of security along the Lebanese-Syrian border, building established to ensure efficient arms seizures through on the work of earlier UN and bilateral missions. The its intelligence and rapid interception capabilities. proposal entailed sending a small team, with specific An additional purpose would be to serve as a role terms of reference and for a limited period of time, to model for the other border security agencies and fully assess the monitoring of the entire border. as a platform for a possible future dedicated border Report of United Nations Lebanon Independent guard agency. An intelligence and analysis compo- Border Assessment Team. On 26 June [S/2007/382], nent should be established within the multi-agency the Secretary-General submitted to the Council Presi- unit with the purpose of gaining access to all relevant dent the report of the United Nations Lebanon In- intelligence from the agencies, analysing it and pro- dependent Border Assessment Team, which he had viding the four agencies and the multi-agency force received from the Team’s leader, Lasse Christensen with targets identified as highly susceptible to appre- (Denmark). The Team visited Lebanon from 27 May hension. International border security experts should to 15 June. It worked in close cooperation with the be deployed to the multi-agency unit and its embed- Government and border security authorities and re- ded intelligence and analysis cell; to all four agencies ceived unimpeded support in its efforts to assess all on all levels, in particular on the operational level, aspects of Lebanese border security, with special em- to advise on non-military border security aspects and phasis on preventive measures against arms smuggling. follow up on the training provided; and to an advi- The Team held talks with Government officials and sory secretariat consisting of both international ad- the directors of the four agencies directly involved in visers and representatives from the Lebanese border Middle East 485 security agencies. A dedicated border guard agency June unknown elements fired Katyusha rockets from should be established as part of a long-term strategy southern Lebanon into northern Israel. Such incidents to streamline security procedures and gather all ex- posed a direct challenge to both the new security ar- pertise, information and intelligence in one agency. rangements in southern Lebanon and to the stability Full and absolute control should be established over of the country as a whole. Against that background, border crossing points by creating standard operating the Secretary-General was concerned that continued procedures, including regulations for any movement implementation of resolution 1701(2006) could face inside the control area of persons, vehicles and goods, recurring difficulties. Greater progress was necessary standardized compulsory measures for checking on key issues that were central to the achievement of a compliance and anti-corruption mechanisms. Meas- permanent ceasefire and a longer-term solution, such ures should be instituted to separate legal and ille- as the release of the abducted Israeli soldiers and of the gal near-border or border-crossing activities, so as to Lebanese prisoners, the enforcement of the arms em- create a transparent and unambiguous environment; bargo, the halting of Israeli air violations of Lebanese such measures should include restricting movements sovereignty and the Shab’a Farms issue. in some areas, marking the borderline, establishing On 24 June, six unifil personnel serving with the additional local border crossing points, relocating Spanish contingent were killed during a patrol by a crossing points to the borderline and providing socio- car explosion on the main road between the towns economic programmes as an alternative to families’ of Marjayoun and Khiam. No one claimed respon- reliance on smuggling. Training programmes should sibility for the attack. The attack was denounced by be established for the four agencies to transform the the Lebanese Government and Hizbullah, and con- border security concept and doctrines into a highly demned by the Security Council (see p. 487). professional and skilled civilian approach. The provi- The military and security situation inunifil ’s area sion of equipment to all agencies should be enhanced of operations had been generally stable since the report for the purpose of increasing efficiency and serving as of 14 March (see p. 480). However, in the most serious a force multiplier, including air and land surveillance breach of the cessation of hostilities and violation of equipment, communications equipment, vehicles, the Blue Line since the end of the conflict in 2006, scanners, other inspection devices and all required three Katyusha rockets were launched from the area computer hardware and software. Cooperation with of El Aadeisse in south Lebanon on 17 June, causing Syrian counterparts should be established, in particu- minor damage. The situation along the Blue Line re- lar at the operational level, making border security mained tense and fragile. On a number of occasions, management a joint effort to secure the border and idf and laf patrols aimed weapons at each other prevent illegal activities. across the Blue Line. In each instance, unifil acted promptly to dispatch a patrol to the scene to calm the Further developments situation and prevent confrontation. The ground vio- lations highlighted the importance of visibly marking Communication. On 18 June [A/61/958- the Blue Line in sensitive areas, in particular where S/2007/367], Lebanon submitted a position paper on there was a considerable distance between the Blue the implementation of Council resolution 1701(2006), Line and the Israeli technical fence. The Lebanese which, among other things, detailed Israeli viola- Government accepted unifil’s proposed technical tions of resolutions 425(1978) [YUN 1978, p. 312] and process for marking the Blue Line, while the Israeli 1701(2006). Government sought clarifications. nifilU reported a Report of Secretary-General (June). On 28 significant increase in Israeli air violations, through June [S/2007/392], the Secretary-General submitted his jet and unmanned aerial vehicle overflights of Leba- fourth progress report on implementation of Security nese territory. Those violations occurred on an almost Council resolution 1701(2006). He said that Lebanon daily basis. remained in the midst of a debilitating political cri- During the period under review, liaison and co- sis and faced ongoing attacks aimed at destabilizing ordination arrangements came into force. The ar- and undermining its sovereignty, territorial integrity rangements stipulated that both laf and idf had to and independence. During the reporting period, the ensure that an officer at the rank of General, or his country witnessed fighting between militants from the deputy, could be contacted at all times by unifil’s Fatah al‑Islam group and the Lebanese security forces, Commander so that any incident could be quickly the worst internal fighting since its civil war, which resolved before it escalated. Idf remained in control lasted from 1975 to 1990; a series of bomb explosions of the northern part of Ghajar village, north of the in and around Beirut, the latest of which killed Walid Blue Line inside Lebanese territory, although it did Eido, a Member of Parliament, and nine others on 13 not maintain a permanent military presence. Discus- June (see p. 499); and a bomb attack on 24 June against sions on the issue of temporary security arrangements unifil that killed six peacekeepers. In addition, on 17 for northern Ghajar continued in tripartite meetings, 486 Political and security questions and both parties indicated that they were committed launchers, were seen by laf heading from Al-Kafeer to reaching an agreement with unifil, which would in the Syrian Arab Republic across the Lebanese- facilitate Israeli withdrawal from the area. However, Syrian border to an outpost of the Popular Front for the duration of the temporary security arrangements the Liberation of Palestine–General Command in remained a point of contention. Collaboration be- Jabal al-Maaysara. For its part, Israel continued to al- tween unifil and laf and the Lebanese Navy was lege significant breaches of the arms embargo across further strengthened through coordinated exercises the Lebanese-Syrian border. Israel claimed that the and training initiatives. Coordinated operations un- transfer of sophisticated weaponry by Syria and Iran dertaken by laf and unifil during the period un- across the Lebanese-Syrian border, including long- der review led to the discovery of abandoned arms, range rockets (with a range of 250 miles), and anti- ammunition, explosive devices, bunkers and related tank and anti-aircraft defence systems, occurred on infrastructure. At the same time, laf and unifil did a weekly basis, enabling Hizbullah to rearm. Syria not detect any illegal transfers of arms south of the denied any involvement in effecting breaches of the Litani River. However, continuing weapons discover- arms embargo. ies indicated that there were still weapons in unifil’s area of operations and persons prepared to use them. Pursuant to the statement made by the Council President on 17 April (see p. 482), in which the Coun- A number of reports indicated an increase in activi- cil encouraged the Secretary-General to establish an ties conducted by armed elements north of the Litani River, where Lebanese authorities and laf had sole independent team to assess fully the monitoring of security responsibility. Suspected Hizbullah armed the Lebanese-Syrian border, the Lebanon Independ- elements were alleged to be constructing new facilities ent Border Assessment Team completed its work and in the Bekaa valley, including command and control submitted a report. The Team noted that, in addition centres and rocket launching capabilities, and con- to the valuable assistance being provided by a German ducting military training exercises. On 12 June, the pilot project along the northern border and the pro- Lebanese Government provided detailed information posals for Lebanese integrated border management, to the Council President and the Secretary-General further international assistance was required to en- on the activities of Palestinian armed elements and hance Lebanese capabilities and to ensure that there groups outside the Palestinian refugee camps based in were no breaches of the arms embargo. Lebanon. According to the Government, the Popu- Regarding the delineation of borders, the Syrian lar Front for the Liberation of Palestine–General Government, while agreeing with the Lebanese posi- Command and Fatah-Intifada had reinforced their tion that the Shab’a Farms were Lebanese, conveyed posts throughout the country following the attacks to the Secretary-General its view that a resolution of launched by Fatah al-Islam against laf in northern the issue would be possible only after a peace treaty Lebanon. The information included details of rein- with Israel had been concluded. The Secretary-General forcements of the Popular Front for the Liberation encouraged Syria to reconsider that policy, which was of Palestine–General Command in areas such as the in contradiction of resolutions 1680(2006) Jubayla and Ain el-Bayda outposts. The information [YUN 2006, p. 571] and 1701(2006). At the same time, the Secre- also outlined how Fatah-Intifada reinforced its posts tary-General continued to investigate the cartographic, in Wadi al-Asswad, Balta, Helwa and Deir el-Achayer. legal and political implications of the alternative path It was widely believed in Lebanon, including by the suggested by Lebanon in its Seven-Point Plan, namely Government, that the strengthening of those outposts could not have taken place without the tacit knowledge placing the Shab’a Farms under United Nations juris- and support of the Syrian Arab Republic. The Prime diction until a boundary was permanently delineated. Minister of Lebanon stated publicly that the outposts Based on the best available information, the senior UN were reinforced by Syria with munitions, arms and cartographer made progress towards a provisional de- fighters. The Syrian Government denied such asser- termination of the geographical extent of the Shab’a tions as misleading. The Lebanese Government also Farms area. maintained that the question of Hizbullah arms and Since the reporting period, unifil strength had in- the arms of other militias remained open and in the creased as planned. The total number of military per- centre of the political debate. However, no progress on sonnel, as of 19 June, stood at 13,313. That number the issue was made, for the political crisis continued to included 11,113 unifil ground troops deployed in prevent the parties from discussing national dialogue two sectors, with headquarters in Tibnin and Mar- issues or making progress on the Government’s Seven- jayoun, and 2,000 personnel serving in the Maritime Point Plan, proposed in 2006 [YUN 2006, p. 579]. Task Force, in addition to 179 staff officers at unifil The Lebanese Government informed the Secretary- headquarters in Naqoura and 21 national support ele- General that on 6 June, four truck carriers, each car- ments. Unifil was assisted in its tasks by 51 untso rying two vehicles mounted with 40-barrel rocket military observers. Twenty-nine staff officers served Middle East 487 with the Strategic Military Cell based at United reaffirms that there should be no weapons or authority in Nations Headquarters. Lebanon other than that of the Lebanese State. The Council reiterates its attachment to the full im- SECURITY COUNCIL ACTION plementation of all provisions of resolution 1701(2006) and urges all concerned parties to cooperate fully with On 25 June [meeting 5704], following consultations the Council and the Secretary‑General to achieve a per- among Security Council members, the President made manent ceasefire and a long‑term solution as envisioned statement S/PRST/2007/21 on behalf of the Council: in the resolution. It also takes note of the letter dated The Security Council condemns in the strongest terms 25 June 2007 from the Government of Lebanon to the the terrorist attack on 24 June 2007 near the town of Secretary‑General, in which it reaffirmed its commit- Khiyam in South Lebanon, which targeted the United ment to the role of the United Nations Interim Force Nations Interim Force in Lebanon and killed six United in Lebanon and asked for the renewal of its mandate. Nations peacekeepers of the Spanish contingent. The Council reaffirms its full support for the Force, con- demns all terrorist attacks against it, and calls upon all The Council extends its deepest condolences to the fami- parties to abide by their obligation to respect the safety lies of those victims, who included Colombian nationals. of United Nations personnel. It also emphasizes the The Council notes the condemnation of this attack by need for the Force to enhance its investigative capacity the Government of Lebanon and commends the determi- in response to the attacks. The Council welcomes the nation and commitment of the Government of Lebanon tripartite arrangements referred to in the report of the to bring to justice the perpetrators of this attack. Secretary‑General, notes the commitments to reach an The Council reaffirms its full support to the Lebanese agreement on the northern part of Ghajar, and encour- Government and army in their efforts to ensure security ages the parties to cooperate with the Force to visibly and stability throughout Lebanon. mark the Blue Line. It expresses its deep concern at the The Council appeals to all parties concerned to abide increase in Israeli violations of Lebanese airspace and ap- scrupulously by their obligation to respect the safety of peals to all parties concerned to respect the cessation of the Force and other United Nations personnel, including hostilities and the Blue Line in its entirety. by avoiding any course of action which endangers United The Council, in this context, expresses grave concern Nations personnel and by ensuring that the Force is at persistent reports of breaches of the arms embargo accorded full freedom of movement throughout its along the border between Lebanon and the Syrian Arab area of operations. Republic. It expresses concern at any allegation of re- The Council reaffirms its full support to the Force in arming of Lebanese and non-Lebanese armed groups carrying out its mandate to assist in the implementation and militias and reiterates that there should be no sale or of resolution 1701(2006) and expresses its strong appre- supply of arms and related materiel to Lebanon except as ciation to Member States contributing troops. authorized by its Government. In this regard, it expresses concern about the recent statement by Hizbullah that it Communication. On 16 July [S/2007/431], in iden- retains the military capacity to strike all parts of Israel, tical letters to the Secretary-General and the Security and calls upon all parties to refrain from statements and Council President, Syria transmitted a position letter activities that could jeopardize the cessation of hostili- on the Secretary-General’s fourth report on the imple- ties. The Council takes note of the detailed information conveyed by the Government of Lebanon about the dan- mentation of Council resolution 1701(2006). gerous activities of armed elements and groups, in par- ticular the Popular Front for the Liberation of Palestine– SECURITY COUNCIL ACTION General Command and Fatah‑Intifada, and reiterates its call for the disbanding and disarmament of all mi- On 3 August [meeting 5728], following consultations among Security Council members, the President made litias and armed groups in Lebanon. It underscores the obligation of all Member States, in particular those in statement S/PRST/2007/29 on behalf of the Council: the region, to take all necessary measures to implement The Security Council recalls its previous resolutions paragraph 15 of resolution 1701(2006) to enforce the and the statements by its President on Lebanon. It wel- arms embargo. comes the report of the Secretary-General of 28 June The Council welcomes the recommendations of the 2007. It reaffirms its strong support for the sovereignty, Lebanon Independent Border Assessment Team and territorial integrity, unity and political independence looks forward to their implementation. It requests the of Lebanon within its internationally recognized bor- Secretary-General, in consultation with the Govern- ders and under the sole and exclusive authority of its ment of Lebanon, to assess their implementation and to Government. The Council encourages efforts towards regularly update the Council on this issue in his regular national reconciliation and political dialogue. It reiter- reports on the implementation of resolution 1701(2006), ates its full support for the legitimate and democratically including, as appropriate and in coordination with the elected Government of Lebanon, calls for full respect for Government of Lebanon, on the basis of follow-up field the democratic institutions of the country, in conform- visits. The Council welcomes the assistance provided by ity with its Constitution, and condemns any effort to donors to help the Government of Lebanon to secure its destabilize Lebanon. The Council also reiterates its full borders and encourages further such assistance, includ- support for the efforts carried out by the Lebanese Army ing by continuing to provide equipment and border secu- to ensure security and stability throughout Lebanon and rity experts. Underlining that the Syrian Arab Republic 488 Political and security questions

and Lebanon share responsibility for controlling their of resolution 1701(2006) and the complete withdrawal border, it notes that the Government of the Syrian Arab of Israeli troops from Lebanon, with full respect for Republic has stated that it has taken measures, reiterates the Blue Line. its call upon that Government to take further measures to reinforce control at the border, and looks forward to On 30 October [A/62/508-S/2007/631], the Lebanese additional proposals in this regard in the light of the visit Government transmitted to the Secretary-General and by the Secretary-General to the Syrian Arab Republic. the Council President a position paper on the imple- The Council also calls for enhanced cross‑border coop- mentation of resolution 1701(2006). eration to secure the Syrian-Lebanese border. Report of Secretary-General (October). On 30 The Council emphasizes the need for greater progress October [S/2007/641], the Secretary-General submit- on all the principles and elements required for a perma- ted his fifth report on the implementation of Security nent ceasefire and long‑term solution identified in reso- Council resolution 1701(2006). He said that Israel and lution 1701(2006). The Council expresses deep concern Lebanon remained committed to the implementation that Hizbullah has not returned the two Israeli soldiers of resolution 1701(2006). Unifil and laf continued to it abducted, or even provided proof of life, and calls for their immediate and unconditional return. It further en- work to ensure that the area south of the Litani River courages efforts to urgently settle the issue of Lebanese was not utilized for hostile activities and that it was prisoners detained in Israel. free of any unauthorized armed personnel, assets and The Council expresses deep concern at the presence of weapons. Four months after the 24 June attack against unexploded ordnance in southern Lebanon and renews unifil, which resulted in the death of six peacekeepers its support for the request by the Secretary-General to from the Spanish contingent (see p. 485), the peace- Israel to provide to the United Nations detailed data on keeping force continued to face security challenges in its use of cluster munitions in southern Lebanon. southern Lebanon. Lebanon’s domestic political crisis, The Council, bearing in mind the relevant provisions including issues related to the presidential question, of resolutions 1559(2004), 1680(2006) and 1701(2006) continued unabated, despite domestic and interna- on the delineation of the Syrian‑Lebanese border, looks tional efforts to resolve it, thus hindering progress forward to the reactivation of the Syrian-Lebanese bound- on the implementation of key aspects of resolution ary committee. It takes note of the solid progress made 1701(2006). In addition, grave security incidents, such by the cartographer towards a provisional determination as the terrorist attack of 19 September, which killed of the geographical extent of the Shebaa Farms and wel- Member of Parliament Antoine Ghanem and seven comes the intention of the Secretary-General to engage in further discussions with the parties on the Shebaa others (see p. 504), continued to threaten Lebanon’s Farms area, including on its territorial definition, that independence. The Lebanese Government and its will strengthen a diplomatic process aimed at resolving army defeated Fatah al-Islam terrorists in the northern this key issue in accordance with the relevant provisions Palestinian camp of Nahr el-Bared after a long battle, of resolution 1701(2006). It also reiterates its apprecia- thus successfully confronting that serious challenge to tion for the process launched by the Secretary-General the country’s sovereignty. to investigate the implications of the interim proposal On 16 July, an improvised explosive device was contained in the seven-point plan of the Government detonated next to a unifil Tanzanian military police of Lebanon regarding the Shebaa Farms area. Recalling checkpoint, causing material damage to the vehicle paragraph 62 of the report of the Secretary-General, the but no injuries. Investigations by both Lebanese and Council underlines that progress should also be made on all the other issues identified in paragraph 10 of resolution Spanish national authorities into the attack of 24 June 1701(2006). In this regard, the Council requests, pursu- were ongoing. ant to resolution 1701(2006), that the Secretary‑General During the reporting period, there was no breach continue to develop, in liaison with relevant actors and the of the cessation of hostilities in the unifil area of parties concerned, proposals to implement the relevant operations, and the parties continued to pledge com- provisions of the Taif Accords and resolutions 1559(2004) mitment and showed determination to uphold the and 1680(2006), including disarmament. agreement. There was a reduction in the number of The Council stresses the importance of, and the need incidents along the Blue Line between idf and laf as to achieve, a comprehensive, just and lasting peace in a direct result of the improved liaison and coordina- the Middle East, based on all its relevant resolutions, tion arrangements between the parties and unifil. including resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973. The investigation into the 17 June Katyusha rocket attack against Israel (see p. 485) was still ongoing; Communications. On 18 October [A/62/507- Lebanese authorities informed unifil that they were S/2007/636], Pakistan transmitted to the Secretary- hopeful that they would be able to identify the per- General the Final Communiqué of the annual coor- petrators. Unifil reported a significant number of Is- dination meeting of Ministers for Foreign Affairs of raeli air violations of Lebanese airspace by jets and un- the States members of the Organization of the Islamic manned aerial vehicles on an almost daily basis. Such Conference (oic), held in New York on 2 October. Oic violations further escalated tensions and increased the called for, among other things, a strict implementation chance of a security incident, as shown on 25 October, Middle East 489 when laf opened fire on Israeli aircraft. nifilU also had rearmed itself to a level higher than that which it reported a number of minor ground violations by had maintained prior to the 2006 conflict. It alleged local Lebanese shepherds and hunters, in particular in that Hizbullah’s long-range rocket force was stationed the Shab’a Farms area. Unifil started a pilot project in areas north of the Litani River and that most of the with both laf and idf to mark a 6-kilometre portion new rockets had a range of 250 kilometres, enabling of the Blue Line in the western sector visibly, in the them to reach Tel Aviv and points further south. Israel area of Alma Ash Sha’b. The first Blue Line barrel was also claimed that Hizbullah had tripled its shore-to- positioned on 26 September, and measurements for sea C-802 missiles and established an air defence unit additional barrels were ongoing. armed with ground-to-air missiles. Several speeches The regular tripartite meetings held by the uni- made by the Secretary-General of Hizbullah, Hassan fil Force Commander with senior representatives of Nasrallah, seemed to confirm the Israeli claims, though laf and idf had become an important mechanism, senior Hizbullah officials stated that comments by Mr. building confidence between the two parties. The Nasrallah were made to serve as a deterrent to aggression meetings aimed to address key security and military rather than as threats to Israel. operational issues, prevent incidents and violations, The Lebanese Government reported that over 200 and enhance liaison and coordination arrangements. Lebanese and non-Lebanese Fatah al-Islam fighters The complexity of the issues on the agenda, however, were taken into custody and questioned. Their appar- made progress in formulating common understand- ent intention to launch other attacks throughout the ing at times incremental and slow. In that regard, the country, including against unifil, and to undermine working paper on the technical procedures for mark- the country’s political stability further was a reminder ing the Blue Line was still under consideration, and it of the threat posed by that group to Lebanon’s already was hoped that it would be finalized in parallel with challenged sovereignty. While the question of Hizbul- the pilot project to mark the line on the ground vis- lah’s disarmament remained open and at the centre ibly. At the same time, discussions on the temporary of the political debate, there was no progress on that security arrangements for northern Ghajar remained issue during the reporting period. deadlocked on the issue of the duration of the ar- On 8 October, the Lebanese Prime Minister in- rangements. Idf remained in control of the part of the formed the Secretary-General that significant amounts village of Ghajar north of the Blue Line and the small of weapons transferred from Syria during the July adjacent area inside Lebanese territory, although it did 2006 war, and probably in the period since then, were not maintain a permanent military presence there. made available to some parties within Lebanon with very close ties to Syria. The Syrian Government con- Coordination and liaison between unifil and laf, tinued to deny any involvement in breaching the arms which continued to evolve and strengthen in many embargo. The Lebanese Government reiterated its de- areas, was central for the effective implementation of termination in ensuring control over all of its borders resolution 1701(2006). In September, laf and unifil and preventing the unauthorized flow of weapons, mu- commenced coordinated patrols in different locations nitions and personnel into the country. The Popular within the area of operations. Unifil also established Front for the Liberation of Palestine–General Com- co-located checkpoints with laf at two crucial entry mand and Fatah al-Intifada maintained military posi- points into the area of operations on the Litani River. tions along the frontier between Lebanon and Syria, Unifil conducted foot and air patrols throughout its through which a certain number of Fatah al-Islam area of operations in both rural and urban areas. In fighters were reported to have illegally entered Leba- addition, unifil maintained over 60 positions and non. That anomaly effectively provided such groups de a number of temporary checkpoints and observation facto control over the border at the expense of Leba- posts, including in villages and populated areas. Co- non’s sovereignty and territorial integrity. operation and coordination between unifil and laf The Secretary-General said that he was encouraged also continued to expand to ensure that the area be- by the initial progress that had been made in imple- tween the Blue Line and the Litani River was free of menting the recommendations of the Lebanon Inde- unauthorized armed personnel, assets and weapons. pendent Border Assessment Team (see p. 484). On 28 Coordinated operations during the reporting period July, the Lebanese Council of Ministers decided to resulted in the discovery of abandoned arms, ammu- establish a common border force within the context nition and explosive devices. of the pilot project led by Germany along Lebanon’s Israel maintained that Hizbullah had rebuilt its mili- northern border with Syria. The common border force tary presence and capacity, largely north of the Litani brought together elements from the four principal se- River but also in the unifil area of operations, by curity agencies responsible for border management bringing arms across the Litani River. However, it did and security, namely laf, which would nominate a not provide unifil with specific intelligence due to the Commander; the Internal Security Forces, which sensitivity of its sources. According to Israel, Hizbullah would nominate a Deputy Commander; General Se- 490 Political and security questions curity; and Customs. That integrated structure was ministratively, the village of Shab’a was located in the in line with the key recommendation of the Assess- eastern edge of the Hasbaiya Caza subdistrict. The vil- ment Team, namely that a multi-agency mobile unit lage was near a fault line, a significant physical feature in be established. The common border force would be the area. The fault ran in a north-easterly-south-westerly responsible for the surveillance and control of Leba- direction, approximately 20 kilometres north and south non’s northern border with Syria to ensure that the of the village on the western foothills of Mount Her- passage of all goods was restricted to legal crossing mon (Jebel esh-Sheikh). The principal course of the fault points only, preventing the smuggling of weapons, was marked by two wadis (riverbeds). North of Shab’a, ammunition and prohibited material through the Wadi Aayoun Jenaim ran south-west, turning west establishment of permanent and mobile observation just south of the village, from which point it was called points. To that end, it would draw on enhanced intel- Wadi Shab’a. South of Shab’a, Wadi al-Aasal emerged ligence and analysis techniques, as recommended by from the south-western slopes of Mount Hermon (Jebel the Assessment Team, to ensure control of the north- esh-Sheikh) and ran west towards the former hamlet of ern border and employ a rapid intervention capacity Mazraat Barakhta, located about four kilometres south to fulfil its mission. Its work would be supported by of Shab’a. The term Shab’a Farms generally referred to an operations centre and guided by a shared intelli- former hamlets, grazing areas and some cultivated land gence and analysis unit. Subsequent to an assessment south-west of Shab’a village, on the western slopes of phase, in which the performance of the common bor- Wadi al-Aasal and on the southern slopes of Jebel Rous der force would be reviewed, it was anticipated that and Jebel Soummaq. Based on the information avail- its mandate would be extended to Lebanon’s eastern able, the senior cartographer provisionally concluded border with Syria. A team of international experts led that the Shab’a Farms area extended north-east from by Germany provided technical support and an ex- Moughr Shab’a village and north-west from Wadi al- tensive programme of training to the four security Aasal. Thus, the review and analysis of evidence pro- agencies. Technical improvements along Lebanon’s vided a provisional definition of the geographical extent eastern border with Syria had already been imple- of the Shab’a Farms area, which started from the turning mented through the installation of a scanner at the point of the 1920 French line located just south of the official border crossing point of Masnaa in July. At village of El Majidiye; continued south-east along the the same time, laf continued to be deployed along 1946 Moughr Shab’a-Shab’a boundary until reaching Lebanon’s eastern border with Syria, where they car- the thalweg of the Wadi al-Aasal; and followed the thal- ried out fixed and mobile patrols. weg of the wadi north-east to the crest of the mountain During the period under review, an additional north of the former hamlet Mazraat Barakhta, where it 25 new cluster bomblet strike locations were identi- reconnected with the 1920 line. fied by the United Nations Mine Action Coordina- Unifil had reached a high level of operational tion Centre–South Lebanon. A total of 951 cluster readiness, and its strength and deployment enabled bomblet strike locations had been recorded thus far, the troops to carry out their mandated tasks effectively contaminating an estimated area of over 38 million throughout the area of operations. The Force imple- square metres. The Israeli Government had not yet mented enhanced security procedures and deployed responded to the repeated requests by senior UN offi- additional equipment for the protection and security cials for information regarding the strike data on clus- of all of its military and civilian personnel. The UN ter munitions utilized during the conflict in 2006. Department of Peacekeeping Operations (dpko) and The UN senior cartographer, who assumed the lead unifil, in consultation with the troop-contributing in reviewing and analysing a comprehensive collec- countries, were ensuring that the Force was sufficiently tion of archival documents and maps provided by the equipped with additional assets, including equipment Lebanese Government on the Shab’a Farms, focused on to detect and jam remote-controlled explosive devices, achieving an accurate definition of the area. Syria had and that it had the capacity to conduct specialized yet to respond to the Secretary-General’s request, sub- investigations. The circumstances in which the newly mitted in a 3 October letter, for specific documents that expanded unifil was established required innovative would assist in the precise plotting of the geographical measures that led to the creation of the Strategic Mili- coordinates of the line. Israel had indicated its willing- tary Cell at UN Headquarters and of the Maritime ness to agree to the Secretary-General’s request to en- Task Force off the coast of Lebanon. able the senior cartographer to visit the area. That visit The Secretary-General observed that the deploy- took place on 5 September. In the course of the visit, the ment and activities of laf and an enhanced unifil in senior cartographer was able to gather a visual impres- southern Lebanon brought an important measure of sion of the physiography of the region, in particular the stability to the area, preventing a recurrence of hos- configuration of the slope of Wadi al-Aasal. The visual tilities along the Blue Line. International support to overview was consistent with the results of the analysis laf remained vital to the successful implementation of the data submitted by the Lebanese Government. Ad- of resolution 1701(2006). Since the adoption of that Middle East 491 resolution, laf had implemented a critical set of tasks: contributing countries, coupled with the development its historic deployment to southern Lebanon; its role of a strong peacekeeping partnership with laf, made along the Lebanese-Syrian border; and responding to possible the implementation of several key aspects of the various security crises that had plagued Lebanon. resolution 1701(2006). However, much work remained It had responded effectively to those simultaneous to be done. The attack perpetrated against unifil on demands within the constraints of limited resources 24 June, in which six peacekeepers were killed (see and overstretched capacities. Laf, through the con- p. 485), highlighted the precarious security situation frontation that pitted it against the terrorists of Fatah in the unifil area of operations. al-Islam in Nahr al-Bared, defeated a major threat to Noting that the unifil mandate would expire on the country’s stability and sovereignty. In doing so, it 31 August, the Secretary-General drew attention to emerged as a vehicle of stability and territorial defence Lebanon’s 25 June request [S/2007/396] that the Secu- at a time of increased political uncertainty. rity Council extend that mandate for a further period In a later report [S/2008/135], the Secretary-General of one year without amendments. provided a comprehensive assessment of the imple- mentation of Council resolution 1701(2006) during SECURITY COUNCIL ACTION the final two months of 2007. He said that Lebanon On 24 August , the Security Council remained in the grip of an intense political crisis, [meeting 5733] unanimously adopted resolution 1773(2007). The which impeded the normal functioning of the legiti- draft was submitted by Belgium, France, mate constitutional institutions. At the centre of the [S/2007/506] Italy, Peru, Slovakia, the United Kingdom and the crisis was the election of a new President, a position United States. that had remained vacant since 24 November. The prolonged political deadlock generated violent con- The Security Council, frontations between the opposing parties. In addition, Recalling all its previous resolutions on Lebanon, in par- the continuation of targeted assassinations added to ticular resolutions 425(1978) and 426(1978) of 19 March 1978, 1559(2004) of 2 September 2004, 1680(2006) of 17 tensions throughout the country. On 12 December, May 2006 and 1701(2006) of 11 August 2006, as well as an explosion killed laf General François el-Hajj along the statements by its President on the situation in Lebanon, with his driver (see p. 505). in particular the statement of 3 August 2007, The military and security situation in the unifil Recalling also the report of the Secretary-General of 28 area of operations remained stable during the final June 2007 and the letter dated 2 August 2007 from the Sec- two months of the year. Despite intensive efforts, the retary General to the President of the Security Council, impasse over the temporary security arrangements for Reaffirming its strong commitment to the sovereignty, the northern part of the village of Ghajar had not been territorial integrity, unity and political independence of overcome. Continuing control by idf of the part of the Lebanon within its internationally recognized borders and village north of the Blue Line and a small adjacent area under the sole and exclusive authority of its Government, inside Lebanese territory remained a source of tension. Reiterating its strong support for full respect for the cessa- tion of hostilities and the Blue Line in its entirety, There was no progress on the humanitarian aspects Reaffirming its attachment to the full implementation of of resolution 1701(2006), specifically the issues of the all provisions of resolution 1701(2006), and aware of its abducted Israeli soldiers and Lebanese prisoners. responsibilities to help to secure a permanent ceasefire and Communications. On 9 November [S/2007/662], a long-term solution as envisioned in the resolution, Iran said that Israel’s allegations, contained in the Emphasizing the need to address the causes of the con- Secretary-General’s fifth report on the implementa- flict, including that the abducted Israeli soldiers have not tion of Council resolution 1701(2006) (see p. 488), been released, nor has proof of life been provided, and concerning the transfer of weapons from Iran to calling once again for their immediate and unconditional Lebanon, were baseless. return, Encouraging the efforts aimed at urgently settling the On 10 December [A/62/573-S/2007/724], Syria said issue of the Lebanese prisoners detained in Israel, that Israel’s allegations of weapons smuggling across Welcoming the steps taken by the Government of Leba- the Syrian-Lebanese border were motivated by politi- non to extend its authority over its territory, through its cal rather than security considerations. own legitimate armed forces, such that there will be no weapons without the consent of the Government of Leba- Extension of UNIFIL mandate non and no authority other than that of the Government of Lebanon, and encouraging it to continue its efforts in By a 2 August letter to the Council President this regard, [S/2007/470], the Secretary-General observed that the Welcoming also the tripartite arrangements referred to swift and effective deployment ofunifil had helped to in the report of the Secretary-General, and encouraging establish a new strategic military and security environ- the parties to coordinate further with the United Nations ment in southern Lebanon. The commitment of troop- Interim Force in Lebanon, notably to visibly mark the 492 Political and security questions

Blue Line and reach an agreement on the northern part 6. Reiterates its intention to consider further steps to of Ghajar, contribute to the implementation of a permanent ceasefire Condemning in the strongest terms all terrorist attacks and a long-term solution; against the Force, and emphasizing the need for further 7. Welcomes the efforts being undertaken by the Force coordination between the Force and the Lebanese Armed to implement the Secretary-General’s zero-tolerance policy Forces, in particular regarding the establishment between on sexual exploitation and abuse and to ensure full com- the Blue Line and the Litani River of an area free of any pliance of its personnel with the United Nations code of armed personnel, assets and weapons other than those of conduct, requests the Secretary-General to continue to take the Government of Lebanon and of the Force, and for the all necessary action in this regard and to keep the Council informed, and urges troop-contributing countries to take Force to enhance its investigative capacities in response to preventive and disciplinary action to ensure that such acts these attacks, are properly investigated and punished in cases involving Underlining the importance of continued efforts to clear their personnel; unexploded ordnance from southern Lebanon, and calling 8. Requests the Secretary-General to continue to re- upon all parties to support these efforts, port to the Council on the implementation of resolution Reaffirming the authority of the Force to take all nec- 1701(2006) every four months, or at any time as he deems essary action, in areas of deployment of its forces and as appropriate; it deems within its capabilities, to ensure that its area of 9. Stresses the importance of, and the need to achieve, operations is not utilized for hostile activities of any kind a comprehensive, just and lasting peace in the Middle East, and to resist attempts by forceful means to prevent it from based on all its relevant resolutions, including resolutions discharging its mandate, 242(1967) of 22 November 1967, 338(1973) of 22 October Recalling the relevant principles contained in the Con- 1973 and 1515(2003) of 19 November 2003; vention on the Safety of United Nations and Associated 10. Decides to remain actively seized of the matter. Personnel, Commending the active role and dedication of the per- Financing of UNIFIL sonnel of the Force, notably of its Commander, as well as In April, the General Assembly considered the per- of the United Nations Special Coordinator for Lebanon, formance report on the unifil budget from 1 July Expressing its strong appreciation to Member States that 2006 to 30 June 2007 , which amounted to contribute to the Force, and underlining the necessity that [A/61/766] the Force have at its disposal all necessary means and equip- $522,753,200. The budget provided for the phased de- ment to carry out its mandate, ployment of 14,790 military contingent personnel and Responding to the request of the Government of Lebanon 406 international and 696 national staff, including 23 to extend the mandate of the Force for a new period of national officers. The Assembly also had before it the one year without amendment, presented in the letter dated related report of the Advisory Committee on Adminis- 25 June 2007 from the Prime Minister of Lebanon to the trative and Budgetary Questions (acabq) [A/61/803]. Secretary-General, Determining that the situation in Lebanon continues to GENERAL ASSEMBLY ACTION constitute a threat to international peace and security, On 2 April [meeting 92], the General Assembly, on 1. Decides to extend the present mandate of the United the recommendation of the Fifth (Administrative and Nations Interim Force in Lebanon until 31 August 2008; Budgetary) Committee [A/61/657/Add.1], adopted reso- 2. Commends the positive role of the Force, whose de- lution 61/250 B by recorded vote (135-3-1) [agenda item ployment together with the Lebanese Armed Forces has 144 (b)]. helped to establish a new strategic environment in southern Lebanon, and looks forward to its increased cooperation Financing of the United Nations with the Lebanese Armed Forces in the discharge of its Interim Force in Lebanon mandate; 3. Calls upon all parties concerned to respect the cessa- The General Assembly, tion of hostilities and the Blue Line in its entirety; Having considered the report of the Secretary-General on the financing of the United Nations Interim Force in 4. Urges all parties to cooperate fully with the United Lebanon and the related report of the Advisory Committee Nations and the Force and to abide scrupulously by their on Administrative and Budgetary Questions, obligation to respect the safety of the Force and other Recalling Security Council resolution 425(1978) of 19 United Nations personnel, including by avoiding any March 1978 regarding the establishment of the United Na- course of action which endangers United Nations person- tions Interim Force in Lebanon and the subsequent resolutions nel and by ensuring that the Force is accorded full freedom by which the Council extended the mandate of the Force, of movement within its area of operations; the latest of which was resolution 1701(2006) of 11 August 5. Calls upon all parties to cooperate fully with the Se- 2006, by which the Council extended the mandate of the curity Council and the Secretary-General to achieve a per- Force until 31 August 2007 and authorized an increase in manent ceasefire and a long-term solution as envisioned in the strength of the Force to a maximum of 15,000 troops, resolution 1701(2006), and emphasizes the need for greater Recalling also its resolution S-8/2 of 21 April 1978 on progress in this regard; the financing of the Force and its subsequent resolutions Middle East 493 thereon, the latest of which was resolution 61/250 A of 9. Also emphasizes that all peacekeeping missions shall 22 December 2006, be provided with adequate resources for the effective and Reaffirming its resolutions 51/233 of 13 June 1997, efficient discharge of their respective mandates; 52/237 of 26 June 1998, 53/227 of 8 June 1999, 54/267 of 10. Reiterates its request to the Secretary-General to 15 June 2000, 55/180 A of 19 December 2000, 55/180 B of make the fullest possible use of facilities and equipment at 14 June 2001, 56/214 A of 21 December 2001, 56/214 B of the United Nations Logistics Base at Brindisi, Italy, in order 27 June 2002, 57/325 of 18 June 2003, 58/307 of 18 June to minimize the costs of procurement for the Force; 2004, 59/307 of 22 June 2005, 60/278 of 30 June 2006 11. Endorses the conclusions and recommendations and 61/250 A, contained in the report of the Advisory Committee on Ad- Reaffirming also the general principles underlying the ministrative and Budgetary Questions, and requests the financing of United Nations peacekeeping operations, Secretary-General to ensure their full implementation; as stated in General Assembly resolutions 1874(S-IV) of 12. Recalls Security Council resolution 1701(2006), 27 June 1963, 3101(XXVIII) of 11 December 1973 and and requests the Secretary-General to continue to measure 55/235 of 23 December 2000, the accomplishments of the Force, including expected ac- Noting with appreciation that voluntary contributions complishment 1.1, fully in accordance with the Security have been made to the Force, Council mandate; Mindful of the fact that it is essential to provide the Force 13. Notes the establishment of a Strategic Military Cell with the necessary financial resources to enable it to fulfil as an ad hoc mechanism to provide military strategic guid- its responsibilities under the relevant resolutions of the ance for the Force, and emphasizes the need to ensure unity Security Council, of command and Headquarters coordination in military 1. Requests the Secretary-General to entrust the Head planning; of the United Nations Interim Force in Lebanon with the 14. Stresses the need for equitable treatment for peace- task of formulating future budget proposals in full accord- keeping operations with respect to their needs for adequate ance with the provisions of General Assembly resolutions military planning capacity and logistical support, and re- 59/296 of 22 June 2005 and 60/266 of 30 June 2006, as quests the Secretary-General to undertake a comprehensive well as other relevant resolutions; review of the Strategic Military Cell, including clarification of its role and functioning, its relationship with the Mili- 2. Takes note of the status of contributions to the Force tary Division of the Department of Peacekeeping Opera- as of 28 February 2007, including the contributions out- tions of the Secretariat and lessons learned for the military standing in the amount of 340.7 million United States planning aspects of large-scale and complex existing and dollars, representing some 8 per cent of the total assessed future peacekeeping operations, as well as proposals for contributions, notes with concern that only twelve Mem- strengthening the capacity of the Military Division, and ber States have paid their assessed contributions in full, to submit a report thereon to the General Assembly at the and urges all other Member States, in particular those in second part of its resumed sixty-first session; arrears, to ensure payment of their outstanding assessed 15. Reaffirms its resolution 59/296, and requests the contributions; Secretary-General to ensure the full implementation of its 3. Expresses its appreciation to those Member States relevant provisions and the relevant provisions of its resolu- that have paid their assessed contributions in full, and urges tion 60/266; all other Member States to make every possible effort to 16. Requests the Secretary-General to take all neces- ensure payment of their assessed contributions to the Force sary action to ensure that the Force is administered with a in full; maximum of efficiency and economy; 4. Expresses deep concern that Israel did not comply 17. Also requests the Secretary-General, in order to reduce with General Assembly resolutions 51/233, 52/237, 53/227, the cost of employing General Service staff, to continue ef- 54/267, 55/180 A, 55/180 B, 56/214 A, 56/214 B, 57/325, forts to recruit local staff for the Force against General Service 58/307, 59/307, 60/278 and 61/250 A; posts, commensurate with the requirements of the Force; 5. Stresses once again that Israel should strictly abide 18. Notes the significantly increased size and the in- by General Assembly resolutions 51/233, 52/237, 53/227, creased area of operation of the Force, and requests the 54/267, 55/180 A, 55/180 B, 56/214 A, 56/214 B, 57/325, Secretary-General to provide an analysis, to the extent 58/307, 59/307, 60/278 and 61/250 A; possible, of the capacity required to undertake the Force’s 6. Expresses concern at the financial situation with re- mandated activities in the context of the budget proposals gard to peacekeeping activities, in particular as regards the for the Force for the period from 1 July 2007 to 30 June reimbursements to troop contributors that bear additional 2008; burdens owing to overdue payments by Member States of 19. Approves the proposed resources for the Strategic their assessments; Military Cell, as an interim measure, pending rejustifica- 7. Also expresses concern at the delay experienced by the tion of resource requirements in the context of the proposed Secretary-General in deploying and providing adequate re- budget for the Force for the period from 1 July 2007 to 30 sources to some recent peacekeeping missions, in particular June 2008; those in Africa; 20. Reiterates its request to the Secretary-General to 8. Emphasizes that all future and existing peacekeep- take the necessary measures to ensure the full implementa- ing missions shall be given equal and non-discriminatory tion of paragraph 8 of its resolution 51/233, paragraph 5 of treatment in respect of financial and administrative its resolution 52/237, paragraph 11 of its resolution 53/227, arrangements; paragraph 14 of its resolution 54/267, paragraph 14 of its 494 Political and security questions resolution 55/180 A, paragraph 15 of its resolution 55/180 B, 27. Encourages the Secretary-General to continue to paragraph 13 of its resolution 56/214 A, paragraph 13 of its take additional measures to ensure the safety and security resolution 56/214 B, paragraph 14 of its resolution 57/325, of all personnel under the auspices of the United Nations paragraph 13 of its resolution 58/307, paragraph 13 of its participating in the Force; resolution 59/307, paragraph 17 of its resolution 60/278 28. Invites voluntary contributions to the Force in cash and paragraph 21 of its resolution 61/250 A, stresses once and in the form of services and supplies acceptable to the again that Israel shall pay the amount of 1,117,005 dollars Secretary-General, to be administered, as appropriate, in resulting from the incident at Qana on 18 April 1996, and accordance with the procedure and practices established requests the Secretary-General to report on this matter to by the General Assembly; the General Assembly at its current session; 29. Decides to keep under review during its sixty- Budget estimates for the period first session, under the item entitled “Financing of the from 1 July 2006 to 30 June 2007 United Nations peacekeeping forces in the Middle East”, the sub-item entitled “United Nations Interim Force in 21. Decides to appropriate to the Special Account for Lebanon”. the United Nations Interim Force in Lebanon the amount of 403,089,300 dollars for the expansion of the Force for RECORDED VOTE ON RESOLUTION 61/250 B: the period from 1 July 2006 to 30 June 2007, inclusive of In favour: Afghanistan, Albania, Algeria, Andorra, Antigua the amount of 257,340,400 dollars previously authorized and Barbuda, Argentina, Armenia, Austria, Bahamas, Bahrain, by the General Assembly under the terms of its resolution Bangladesh, Belarus, Belgium, Belize, Bosnia and Herzegovina, 61/250 A for the period from 1 July 2006 to 31 March Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambo- 2007, and in addition to the amount of 97,579,600 dol- dia, Canada, Cape Verde, Chile, China, Colombia, Comoros, lars already appropriated under the terms of its resolution Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, 60/278 for the period from 1 July 2006 to 30 June 2007; Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Finland, France, Gabon, Georgia, 22. Also decides to authorize the Secretary-General to Germany, Ghana, Greece, Guatemala, Guinea-Bissau, Guyana, extend the use of the commitment authority, as approved Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iraq, Ire- in paragraph 23 of its resolution 61/250 A, until 30 June land, Italy, Japan, Jordan, Kazakhstan, Kuwait, Lao People’s 2007, and requests the Secretary-General to report actual Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab expenditures in the context of the performance report on Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagas- the budget of the support account for peacekeeping opera- car, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, tions for the period from 1 July 2006 to 30 June 2007; Moldova, Monaco, Morocco, Mozambique, Myanmar, Na- 23. Further decides to approve the decrease in the total mibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, estimated staff assessment income approved for the Force Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philip- under the terms of its resolutions 60/278 and 61/250 A pines, Poland, Portugal, Qatar, Republic of Korea, Romania, for the period from 1 July 2006 to 30 June 2007 from Russian Federation, San Marino, Saudi Arabia, Senegal, Serbia, 6,844,200 dollars to 5,631,500 dollars; Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Af- rica, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Financing of the appropriation Switzerland, Syrian Arab Republic, Thailand, The former Yu- goslav Republic of Macedonia, Timor-Leste, Tunisia, Turkey, 24. Decides, taking into account the amount of Uganda, Ukraine, United Arab Emirates, United Kingdom, 97,579,600 dollars already apportioned under the terms of United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, its resolution 60/278 for the period from 1 July 2006 to 30 Yemen, Zimbabwe. June 2007 and the amount of 257,340,400 dollars already Against: Israel, Palau, United States. apportioned under the terms of its resolution 61/250 A Abstaining: Australia. for the period from 1 July 2006 to 31 March 2007, to ap- portion among Member States the additional amount of In June, the Assembly considered the performance 145,748,900 dollars for the expansion of the Force for the report on unifil’s budget from 1 July 2005 to 30 June period from 1 July 2006 to 30 June 2007, in accordance 2006 , which amounted to $94,277,700 with the levels updated in General Assembly resolutions [A/61/829] 58/256 of 23 December 2003 and 61/243 of 22 December gross. It provided for 2,000 military contingent per- 2006, and taking into account the scale of assessments for sonnel, 125 international staff and 339 national staff. 2006, as set out in its resolution 58/1 B of 23 December The Assembly also considered unifil’s budget for the 2003, and the scale of assessments for 2007, as set out in its period from 1 July 2007 to 30 June 2008 [A/61/870 & resolution 61/237 of 22 December 2006; Corr.1], which amounted to $713,586,800 and provided 25. Also decides that, in accordance with the provisions for the deployment of 14,382 military contingents, 417 of its resolution 973(X) of 15 December 1955, there shall international staff and 871 national staff. In addition, be added to the apportionment among Member States, as the Assembly had before it the Secretary-General’s re- provided for in paragraph 24 above, their respective share port on the comprehensive review of unifil’s Strategic in the Tax Equalization Fund of the amount of 1,212,700 dollars, representing the decrease in the estimated staff as- Military Cell (smc) [A/61/883], which was submitted sessment income approved for the Force for the period from pursuant to Assembly resolution 61/250 B (see p. 492). 1 July 2006 to 30 June 2007; Smc was an innovation to support immediate plan- 26. Emphasizes that no peacekeeping mission shall be ning needs for a specific peacekeeping operation and financed by borrowing funds from other active peacekeep- was in its early operational stage. The report, among ing missions; other things, focused on the background of the estab- Middle East 495 lishment of smc, as well as the role, structure and func- States have paid their assessed contributions in full, and tions of smc and its relationship with other parts of urges all other Member States, in particular those in ar- dpko. The Assembly also reviewed the related acabq rears, to ensure payment of their outstanding assessed con- comments and recommendations . tributions; [A/61/852/Add.16] 3. Expresses its appreciation to those Member States that have paid their assessed contributions in full, and urges GENERAL ASSEMBLY ACTION all other Member States to make every possible effort to On 29 June [meeting 104], the General Assembly, on ensure payment of their assessed contributions to the Force in full; the recommendation of the Fifth Committee [A/61/657/ 4. Expresses deep concern that Israel did not comply Add.2], adopted resolution 61/250 C by recorded vote (141-2-1) . with General Assembly resolutions 51/233, 52/237, 53/227, [agenda item 144 (b)] 54/267, 55/180 A, 55/180 B, 56/214 A, 56/214 B, 57/325, 58/307, 59/307, 60/278, 61/250 A and 61/250 B; Financing of the United Nations 5. Stresses once again that Israel should strictly abide Interim Force in Lebanon by General Assembly resolutions 51/233, 52/237, 53/227, The General Assembly, 54/267, 55/180 A, 55/180 B, 56/214 A, 56/214 B, 57/325, Having considered the reports of the Secretary-General 58/307, 59/307, 60/278, 61/250 A and 61/250 B; on the financing of the United Nations Interim Force in 6. Expresses concern at the financial situation with re- Lebanon and the related report of the Advisory Committee gard to peacekeeping activities, in particular as regards the on Administrative and Budgetary Questions, reimbursements to troop contributors that bear additional Recalling Security Council resolution 425(1978) of 19 burdens owing to overdue payments by Member States of March 1978 regarding the establishment of the United Na- their assessments; tions Interim Force in Lebanon and the subsequent resolu- 7. Also expresses concern at the delay experienced by the tions by which the Council extended the mandate of the Secretary-General in deploying and providing adequate re- Force, the latest of which was resolution 1701(2006) of 11 sources to some recent peacekeeping missions, in particular August 2006, by which the Council extended the mandate those in Africa; of the Force until 31 August 2007 and authorized an in- 8. Emphasizes that all future and existing peacekeep- crease in the strength of the Force to a maximum of 15,000 ing missions shall be given equal and non-discriminatory troops, treatment in respect of financial and administrative Recalling also its resolution S-8/2 of 21 April 1978 on arrangements; the financing of the Force and its subsequent resolutions 9. Also emphasizes that all peacekeeping missions shall thereon, the latest of which was resolution 61/250 B of be provided with adequate resources for the effective and 2 April 2007, efficient discharge of their respective mandates; Reaffirming its resolutions 51/233 of 13 June 1997, 10. Reiterates its request to the Secretary-General to 52/237 of 26 June 1998, 53/227 of 8 June 1999, 54/267 of make the fullest possible use of facilities and equipment 15 June 2000, 55/180 A of 19 December 2000, 55/180 B of at the United Nations Logistics Base at Brindisi, Italy, 14 June 2001, 56/214 A of 21 December 2001, 56/214 B of in order to minimize the costs of procurement for the 27 June 2002, 57/325 of 18 June 2003, 58/307 of 18 June Force; 2004, 59/307 of 22 June 2005, 60/278 of 30 June 2006, 11. Endorses the conclusions and recommendations 61/250 A of 22 December 2006 and 61/250 B, contained in the report of the Advisory Committee on Reaffirming also the general principles underlying the Administrative and Budgetary Questions, and requests financing of United Nations peacekeeping operations, the Secretary-General to ensure their full implementa- as stated in General Assembly resolutions 1874(S-IV) of tion; 27 June 1963, 3101(XXVIII) of 11 December 1973 and 12. Recalls Security Council resolution 1701(2006), 55/235 of 23 December 2000, reaffirms paragraph 12 of General Assembly resolution Noting with appreciation that voluntary contributions 61/250 B, and requests the Secretary-General to continue have been made to the Force, to measure the expected accomplishments of the Force fully Mindful of the fact that it is essential to provide the Force in accordance with the mandate of the Council; with the necessary financial resources to enable it to fulfil 13. Takes note of the preliminary report of the Secretary- its responsibilities under the relevant resolutions of the Se- General on the Strategic Military Cell, and notes that the curity Council, creation of the Cell reflects an approach that is different 1. Requests the Secretary-General to entrust the Head from the established structure and practices of the Secre- of the United Nations Interim Force in Lebanon with the tariat and from the usual role of the Military Adviser; task of formulating future budget proposals in full accord- 14. Recalls paragraph 14 of its resolution 61/250 B, and ance with the provisions of General Assembly resolutions requests the Secretary-General to report to the General As- 59/296 of 22 June 2005, 60/266 of 30 June 2006 and 61/276 sembly at the second part of its resumed sixty-second ses- of 29 June 2007, as well as other relevant resolutions; sion on the results of the comprehensive review of the Stra- 2. Takes note of the status of contributions to the Force tegic Military Cell, including its recommended life cycle, as of 31 March 2007, including the contributions outstand- a rationale for its current staffing level, its relationship and ing in the amount of 141.6 million United States dollars, modalities of coordination with the Military Division of the representing some 4 per cent of the total assessed contri- Department of Peacekeeping Operations of the Secretariat, butions, notes with concern that only thirty-one Member its impact on the efforts to achieve unity of command and 496 Political and security questions integration in the Department of Peacekeeping Operations, and taking into account the scale of assessments for 2007, as the cost-effectiveness of its functioning, its interaction with set out in its resolution 61/237 of 22 December 2006; other parts of the Secretariat and the possibility of applying 24. Further decides that, in accordance with the provi- the approach to other missions, in particular the large-scale sions of its resolution 973(X) of 15 December 1955, there and complex ones; shall be set off against the apportionment among Member 15. Emphasizes the importance of close coordination States, as provided for in paragraph 23 above, their respec- and cooperation between the Director of the Strategic Mili- tive share in the Tax Equalization Fund of the amount of tary Cell and other senior managers of the Secretariat, in 2,538,500 dollars, comprising the estimated staff assess- particular the Military Adviser; ment income of 1,978,600 dollars approved for the Force, 16. Requests the Secretary-General to ensure the full the prorated share of 505,100 dollars of the estimated staff implementation of the relevant provisions of its resolutions assessment income approved for the support account and 59/296, 60/266 and 61/276; the prorated share of 54,800 dollars of the estimated staff 17. Also requests the Secretary-General to take all nec- assessment income approved for the United Nations Lo- essary action to ensure that the Force is administered with gistics Base; a maximum of efficiency and economy; 25. Decides to apportion among Member States 18. Further requests the Secretary-General, in order the amount of 623,503,900 dollars for the period from to reduce the cost of employing General Service staff, to 1 September 2007 to 30 June 2008 at a monthly rate of continue efforts to recruit local staff for the Force against 62,350,383 dollars, in accordance with the levels updated General Service posts, commensurate with the require- in General Assembly resolution 61/243, and taking into ac- ments of the Force; count the scale of assessments for 2007 and 2008, as set out in its resolution 61/237, subject to a decision of the Security 19. Approves the proposed resources for the Strategic Council to extend the mandate of the Force; Military Cell, as an interim measure, pending its further review, as outlined in paragraph 14 above; 26. Also decides that, in accordance with the provi- sions of its resolution 973(X), there shall be set off against 20. Reiterates its request to the Secretary-General to the apportionment among Member States, as provided for take the necessary measures to ensure the full implemen- in paragraph 25 above, their respective share in the Tax tation of paragraph 8 of its resolution 51/233, paragraph 5 Equalization Fund of 12,692,300 dollars, comprising the of its resolution 52/237, paragraph 11 of its resolution estimated staff assessment income of 9,892,900 dollars 53/227, paragraph 14 of its resolution 54/267, paragraph approved for the Force, the prorated share of 2,525,500 14 of its resolution 55/180 A, paragraph 15 of its resolu- dollars of the estimated staff assessment income approved tion 55/180 B, paragraph 13 of its resolution 56/214 A, for the support account and the prorated share of 273,900 paragraph 13 of its resolution 56/214 B, paragraph 14 dollars of the estimated staff assessment income approved of its resolution 57/325, paragraph 13 of its resolution for the United Nations Logistics Base; 58/307, paragraph 13 of its resolution 59/307, paragraph 27. Further decides that, for Member States that have 17 of its resolution 60/278, paragraph 21 of its resolution fulfilled their financial obligations to the Force, there shall 61/250 A and paragraph 20 of its resolution 61/250 B, be set off against their apportionment, as provided for in stresses once again that Israel shall pay the amount of paragraph 23 above, their respective share of the unencum- 1,117,005 dollars resulting from the incident at Qana on bered balance and other income in the total amount of 18 April 1996, and requests the Secretary-General to re- 18,027,100 dollars in respect of the financial period ended port on this matter to the General Assembly at its sixty- 30 June 2006, in accordance with the levels updated in second session; General Assembly resolution 58/256 of 23 December 2003, Financial performance report for and taking into account the scale of assessments for 2006, the period from 1 July 2005 to 30 June 2006 as set out in its resolution 58/1 B of 23 December 2003; 21. Takes note of the report of the Secretary-General on 28. Decides that, for Member States that have not ful- the financial performance of the Force for the period from filled their financial obligations to the Force, there shall be 1 July 2005 to 30 June 2006; set off against their outstanding obligations their respective share of the unencumbered balance and other income in Budget estimates for the period the total amount of 18,027,100 dollars in respect of the from 1 July 2007 to 30 June 2008 financial period ended 30 June 2006, in accordance with 22. Decides to appropriate to the Special Account for the scheme set out in paragraph 27 above; the United Nations Interim Force in Lebanon the amount 29. Also decides that the decrease of 637,200 dollars of 748,204,600 dollars for the period from 1 July 2007 in the estimated staff assessment income in respect of the to 30 June 2008, inclusive of 713,586,800 dollars for the financial period ended 30 June 2006 shall be set off against maintenance of the Force, 29,773,200 dollars for the sup- the credits from the amount of 18,027,100 dollars referred port account for peacekeeping operations and 4,844,600 to in paragraphs 27 and 28 above; dollars for the United Nations Logistics Base; 30. Emphasizes that no peacekeeping mission shall be financed by borrowing funds from other active peacekeep- Financing of the appropriation ing missions; 23. Also decides to apportion among Member States the 31. Encourages the Secretary-General to continue to amount of 124,700,700 dollars for the period from 1 July to take additional measures to ensure the safety and security 31 August 2007, in accordance with the levels updated in of all personnel under the auspices of the United Nations General Assembly resolution 61/243 of 22 December 2006, participating in the Force, bearing in mind paragraphs 5 Middle East 497 and 6 of Security Council resolution 1502(2003) of 26 Au- 2006, p. 572], Lebanon continued to witness prolonged gust 2003; political uncertainty. Since the adoption of resolution 32. Invites voluntary contributions to the Force in cash 1559(2004) in September 2004, there had been no and in the form of services and supplies acceptable to the free and fair electoral process in Lebanon’s presiden- Secretary-General, to be administered, as appropriate, in tial election. The 14 March alliance, which represented accordance with the procedure and practices established by the General Assembly; the majority faction in Parliament, maintained that 33. Decides to include in the provisional agenda of its President Emile Lahoud’s continued presence in office sixty-second session, under the item entitled “Financing was illegitimate. At the same time, Council resolu- of the United Nations peacekeeping forces in the Middle tion 1559(2004) had yet to be implemented in full. East”, the sub-item entitled “United Nations Interim Force In the context of the enduring political standoff and in Lebanon”. of widespread allegations that illegal arms trafficking RECORDED VOTE ON RESOLUTION 61/250 C: was taking place clandestinely via the Syrian-Lebanese In favour: Afghanistan, Albania, Algeria, Andorra, Antigua border, the 14 March alliance released a statement on and Barbuda, Argentina, Armenia, Austria, Bahamas, Bah- 16 January, in which it asserted that forces directly af- rain, Bangladesh, Belarus, Belgium, Belize, Benin, Botswana, filiated with Syrian intelligence were bringing in new Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, shipments of weapons and distributing them in sensi- Cambodia, Cameroon, Canada, Chile, China, Colombia, tive areas of Lebanon, especially in the western Bekaa Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Re- and Reshaya and some areas of Mount Lebanon. The public, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Finland, Syrian Government repeatedly denied any involve- France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, ment in arms trafficking or any intelligence activity in Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Lebanon, and pointed to its efforts and full coopera- Indonesia, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Ka- tion in enforcing the weapons embargo imposed by zakhstan, Kuwait, Kyrgyzstan, Lao People’s Democratic Repub- lic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, resolution 1701(2006) [YUN 2006, p. 583]. Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, The expectation of the early initiation of a process Mali, Mauritius, Mexico, Moldova, Monaco, Mongolia, Mo- between Lebanon and Syria, based on an agreed ac- rocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, tion agenda, which would eventually lead to the estab- New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pa- kistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, lishment of full diplomatic relations, had not yet been Qatar, Republic of Korea, Romania, Russian Federation, Saint met. The affirmation of Lebanon’s sovereignty, terri- Lucia, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, torial integrity and political independence continued Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suri- to be inextricably linked with the delineation of the name, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, border it shared with Syria. Syria’s position remained Thailand, The former Yugoslav Republic of Macedonia, Timor- that the question of the demarcation of borders be- Leste, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, tween the two countries was a bilateral matter that Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. related to State sovereignty and should be solved by an Against: Israel, United States. agreement between the Syrian and Lebanese Govern- Abstaining: Australia. ments. Syrian President Bashar al-Assad informed the Secretary-General, during a meeting in Damascus on By decision 62/546 of 22 December, the Assem- 24 April, that Syria was willing to resume meetings bly decided that the agenda item on the financing of of the Syrian-Lebanese commission on the borders unifil would remain for consideration at its resumed and that it agreed to begin a process of delineation, sixty-second (2008) session. proceeding from north to south. With regard to the Shab’a Farms, the Syrian Government stated that the Implementation of resolution 1559(2004) border would be demarcated following complete Is- Report of Secretary-General (May). On 7 May raeli withdrawal from the occupied Syrian Golan. [S/2007/262], the Secretary-General submitted his fifth During their meeting in Damascus, the Secretary- semi-annual report on the implementation of Secu- General emphasized to President Assad the impor- rity Council resolution 1559(2004) [YUN 2004, p. 506], tance of preventing illegal movement of arms into which called for the disbanding and disarmament of Lebanon. The Syrian Government consistently denied all Lebanese and non-Lebanese militias and the strict reports of illegal arms trafficking through the Syrian- respect of the sovereignty, territorial integrity and po- Lebanese border, except for individual incidents, as litical independence of Lebanon under the sole and manifested in the Syrian seizure of a truck bearing exclusive authority of the Government, as well as the Iraqi license plates, in which were found contraband Council’s support for a free and fair electoral pro- weapons that were being transported to Lebanon. The cess in Lebanon’s presidential election, conducted ac- Secretary-General intended to dispatch, in close liai- cording to constitutional rules. The Secretary-General son with the Lebanese Government, an independent stated that, in the six months since his last report [YUN mission to assess the monitoring of the border fully 498 Political and security questions

(see United Nations Lebanon Independent Border As- to receive weaponry through the Syrian-Lebanese sessment Team, p. 484). border. Unifil received no reports of unauthorized The presence and growing strength of extremist Is- armed personnel in the area during the period under lamist groups, which had reportedly found safe haven review. The Secretary-General noted that the even- in Palestinian refugee camps, stood in contradiction to tual disarmament of Hizbullah, in the sense of the resolution 1559(2004); threatened the UN presence in completion of its transformation into a solely political Lebanon; and undermined the exertion of authority by party, was a key element in ensuring a permanent end the Government of Lebanon and its monopoly on the of the hostilities and in the full restoration of Leba- use of force throughout its territory. In the aftermath non’s sovereignty, territorial integrity and political of twin bus bombings on 13 February, the Lebanese independence. Internal Security Force arrested a number of members of the Fatah al-Islam group, most of whom were Syr- SECURITY COUNCIL ACTION ian nationals. Lebanese officials informed the Secre- On 11 June [meeting 5691], the Security Council tary-General of their belief that Fatah al‑Islam, which considered the Secretary-General’s fifth report on the shared ideological tenets with Al-Qaida, was provided implementation of resolution 1559(2004). Following with funds by the Damascus-headquartered Fatah- consultations among its members, the President made Intifada militia and was composed primarily of Syrian statement S/PRST/2007/17 on behalf of the Council: nationals and Palestinians ordinarily resident in Syria, The Security Council recalls all its previous resolutions though there were also Lebanese and members of other on Lebanon, in particular resolutions 425(1978), 426(1978), nationalities among its activists. Fatah al-Islam was be- 520(1982), 1559(2004), 1680(2006) and 1701(2006), as well lieved to number between 200 and 250 members and as the statements by its President on the situation in Lebanon, to be under the leadership of a Jordanian-Palestinian in particular the statements of 18 June 2000, 19 October wanted for questioning in connection with the murder 2004, 4 May 2005, 23 January, 30 October and 12 Decem- of a United States diplomat in Amman in 2001. The ber 2006 and 17 April 2007. Syrian Government categorically denied accusations The Council welcomes the fifth semi-annual report directed against it by some Lebanese authorities of co- of 7 May 2007 on the implementation of resolution ordination between Syrian bodies and Fatah al-Islam. 1559(2004). The Syrian Minister of the Interior asserted that the The Council reiterates its full support for the legiti- group was connected to Al-Qaida and had contacts mate and democratically elected Government of Leba- non, calls for full respect for the democratic institutions with the former leader of Al-Qaida in Mesopota- of the country, in conformity with its Constitution, mia, Abu Musab al-Zarqawi. According to Syria, the and condemns any effort to destabilize Lebanon. The Jordanian-Palestinian leader of Fatah al-Islam served Council calls upon all Lebanese political parties to show three years in prison until 2006 and was wanted for responsibility with a view to preventing, through dia- renewed arrest in Syria. Syria also repeated in its letter logue, further deterioration of the situation in Lebanon. that it regretted the accusations. It affirmed that it con- Recognizing the need to hold free and fair presidential demned all crimes and continued to stand by Lebanon elections in conformity with the Lebanese Constitution in order to strengthen stability and security therein. and without any foreign interference and influence, the The political process leading to the disbanding Council urges political parties in Lebanon to relaunch a national dialogue with the aim of reaching an agreement and disarmament of Lebanese and non-Lebanese mi- to settle all political issues. litias was stalled. There were mounting reports and The Council reaffirms its strong support for the territo- increasing media speculation that a variety of Leba- rial integrity, sovereignty, unity and political independ- nese groups were expanding their weapons arsenals ence of Lebanon within its internationally recognized or were reacquiring a weapons capacity. Syria asserted borders and under the sole and exclusive authority of the that some Lebanese groups were receiving arms from Government of Lebanon. Israel. In addition, there was media speculation that The Council condemns the ongoing criminal and ter- Israel and other parties inside and outside the region rorist acts in Lebanon, including those perpetrated by were providing weaponry to groups aligned with the Fatah al-Islam, and fully supports the efforts carried 14 March political movement for Lebanese sover- out by the Lebanese Government and army to ensure eignty. The United Nations did not receive any evi- security and stability throughout Lebanon. The Council dence substantiating such claims. Hizbullah said that underlines the need to protect and give assistance to the civilian population, notably the Palestinian refugees. The it was strengthening its capacity and rebuilding its Council reiterates that there should be no weapons in armed presence, and that it was present in southern Lebanon without the consent of its Government and no Lebanon, close to the Blue Line. Hizbullah asserted authority other than that of its Government. the right to transport its arms within the country in The Council notes with appreciation that further order to combat Israel. Israel also frequently asserted progress has been made towards the implementation of that Hizbullah was rebuilding its presence and in- resolution 1559(2004), in particular through the exten- frastructure in south Lebanon and that it continued sion of the authority of the Government of Lebanon Middle East 499

throughout its territory, particularly in the south, but it 2006, continued. A significant number of bomb at- also notes with regret that some provisions of resolution tacks and assassinations took place during the report- 1559(2004) have yet to be fully implemented, particu- ing period. On 20 May, an explosion in the Beirut larly the disbanding and disarming of Lebanese and non- neighbourhood of Ashrafiyeh killed one person and Lebanese militias, the strict respect for the sovereignty, wounded 12 others. On 24 May, an explosion in Al- territorial integrity, unity and political independence of ley wounded 16 people. On 5 June, an explosion in Lebanon, and free and fair presidential elections con- Beirut left 10 people injured. Two days later, a bomb ducted according to the Lebanese constitutional rules, without any foreign interference and influence. went off near a town north of Beirut; one person was The Council reiterates its deep concern at mounting killed and three others were wounded. On 13 June, information by Israel and other States of illegal move- a car bomb killed a former judge, Member of Parlia- ments of arms into Lebanon, and in particular across ment Walid Eido, from the Future Movement. By- the Lebanese-Syrian border, and looks forward to the elections to replace Walid Eido and Pierre Gemayel conclusions of the Lebanon Independent Border Assess- of the Metn/Phalange Party, who was assassinated in ment Team. It reiterates its call for the strict respect for 2006 [YUN 2006, p. 596], were held on 5 August in a Lebanon’s sovereignty and territorial integrity, including tense climate and despite President Lahoud’s refusal its airspace. to sanction the vote. In Beirut, Muhammad al-Amin The Council reiterates its call for the full implementa- Itani from the Future Movement won; in the Metn, tion of resolution 1559(2004) and urges all concerned Camille Khoury from the Free Patriotic Movement States and parties as mentioned in the report to cooperate fully with the Government of Lebanon, the Council and won the seat previously held by the Phalange Party in the Secretary-General to achieve this goal. a tightly contested race against Phalange Party leader The Council reaffirms its support to the Secretary- Amin Gemayel, the former President and father of General and his Special Envoy in their efforts and dedi- the late Pierre Gemayel. On 19 September, a car bomb cation to facilitate and assist in the implementation of killed Antoine Ghanem, Member of Parliament from all provisions of resolutions 1559(2004) and 1680(2006) the Phalange Party, and seven others (see p. 504). The and looks forward to the next report of the Secretary- assassination of Mr. Ghanem came two days after he General on the implementation of resolution 1701(2006) returned from the United Arab Emirates, where he had and to his further recommendations on the relevant out- taken refuge for several weeks. His assassination, in standing issues. combination with previous assassinations of members of the ruling coalition, reduced the governing coali- Communication. On 3 May [A/61/894], Syria submitted to the Secretary-General its remarks on the tion’s majority to 68 out of 128 Members of Parliament logical framework of the Special Envoy of the Secretary- and not only raised the spectre of further deterioration General for the implementation of resolution of the situation, but also appeared to be indicative of a 1559(2004). According to Syria, the proposed logical systematic attempt to upset the political balance that framework went beyond the role of the Secretariat in had existed since the parliamentary elections of May/ that it was contrary to the commitments set forth in the June 2005 [YUN 2005, p. 563]. Charter of the United Nations, particularly Article 2, Despite the general conditions of political crisis paragraph 7, which prohibited any intervention by the and instability, the Government continued to make United Nations in matters that were within the domes- progress towards extending its authority over all Leba- tic jurisdiction of any State. Syria also stated that by nese territory, disarming and disbanding militias, and withdrawing its military forces and the related security asserting its sovereignty, territorial integrity and po- installations, it had implemented all the obligations litical independence, most notably with the successful incumbent on it under resolution 1559(2004). battle against, and containment of, Fatah al-Islam in Report of Secretary-General (October). On 24 the Nahr al-Bared refugee camp (see p. 500). How- ever, the emergence of Fatah al-Islam, the precarious October [S/2007/629], the Secretary-General, in his sixth semi-annual report on the implementation of security situation and the enduring political stalemate Council resolution 1559(2004), stated that, since his underlined the undiminished challenges to the sov- last report (see p. 497), Lebanon had continued to ereignty, territorial integrity, unity and political in- experience political crisis and instability, which con- dependence of Lebanon. Resolution 1559(2004) thus stituted significant obstacles to the further imple- remained to be implemented in full. mentation of resolution 1559(2004). Political tension During the reporting period, no progress was focused primarily on the demand of the opposition, made towards the full delineation of the border be- consisting of Amal, Hizbullah and the Free Patriotic tween Lebanon and Syria, nor towards resolving the Movement, to establish a national unity Government, issue of the Shab’a Farms area. The Secretary-General and on the succession to President Lahoud, whose ex- again received information from Member States in tended term in office would end in November. The the region that appeared to corroborate the allegation protests in front of the Prime Minister’s office, which that Syria facilitated the flow of weapons and fight- had paralysed regular political life since December ers across the Syrian-Lebanese border. Syria denied 500 Political and security questions any involvement in effecting breaches of the arms borders with Lebanon, having doubled the number of embargo. border guards on the Syrian side. In an 8 October letter addressed to the Secretary- During the reporting period, the Government re- General, Lebanese Prime Minister Siniora made avail- mained restricted in its ability to extend its authority able to the Secretary-General information obtained by over the whole Lebanese territory. The Government’s Lebanese authorities through the interrogation of de- constitutional legitimacy continued to be contested tained Fatah al-Islam members and from captured soft- by the opposition and by President Lahoud. The pre- ware data. That information, according to Mr. Siniora, carious security conditions forced many Members of pointed to a carefully drawn plot to seize control of a Parliament to reside abroad permanently or to seclude substantial portion of northern Lebanon; destabilize themselves from their own constituents, thus under- the entire country by bombing Government and busi- mining democratic institutions. Despite those limi- ness institutions; mount attacks against unifil in order tations, the Government and laf made significant to threaten participating countries; and jeopardize the progress towards extending the Government’s author- implementation of Security Council resolutions. The ity over all Lebanese territory and towards disarming information supported the suspicion that the Fatah al- and disbanding all Lebanese and non-Lebanese mili- Islam plans were also linked to the attempts to topple tias with their successful fight against Fatah al-Islam. the democratically chosen Government, jeopardize the On 20 May, fighting erupted between Fatah al-Islam democratic election of a new president, and create con- and laf in and around the Nahr al-Bared refugee ditions that would impede progress in setting up the camp in northern Lebanon. Fatah al-Islam posed the special tribunal to investigate the 2005 assassination of most significant challenge to the further extension of former Prime Minister Rafik Hariri government control over all Lebanese territory dur- [YUN 2005, p. 551] ing the reporting period, and the fighting signified and others that followed. Furthermore, according to the most severe violence in Lebanon since the end the information obtained by Lebanese authorities, of the civil war. The fighting ended on 2 September those members of Fatah al-Islam, including its leader- when, after 15 weeks, laf declared victory over the ship, who came from Syria illegally, did so through militant Islamist group. It left 168 laf soldiers and the stretch of Lebanese-Syrian border controlled by the approximately 222 militants dead, and hundreds of Popular Front for the Liberation of Palestine–General soldiers, militants and civilians injured; 202 militants Command (pflp-gc), which was headquartered in were arrested. Damascus. According to the Lebanese Prime Minister, both pflp-gc and Fatah al-Intifada, which controlled While the Government made significant progress in disbanding and disarming Fatah al-Islam, it faced another stretch of the Lebanese-Syrian border, set up undiminished challenges regarding the continued military bases on the Lebanese side of the border and existence and strength of other Lebanese and non- were closely associated with and were supported and Lebanese militias. In his letter of 8 October, the Prime regularly supplied with weapons, ammunitions and Minister of Lebanon indicated that many Fatah al- provisions from Syria. The “peaceful” manner in which Islam members were jihadists who thought they were Fatah al-Intifada turned over its facilities and resources being trained to fight in Iraq. According to the Prime and mutated into Fatah al-Islam clearly pointed to a Minister, most non‑Lebanese members of Fatah al- deliberate and carefully designed plan, which could Islam entered Lebanon illegally by land from Syria, not have been carried out without the knowledge and although a few individuals with no previous record blessing of Fatah al-Intifada’s sponsors, namely Syrian arrived through Beirut airport. The arrival of Fatah intelligence. In his letter, the Prime Minister further al-Islam militants in Lebanon was believed to be the stated that the direct contact between some Fatah al- consequence of efforts to circumscribe the infiltration Islam’s leaders and some senior Syrian intelligence of- of such fighters into Iraq. According to the Govern- ficers, which were revealed in the interrogations, were ment of Lebanon, many Fatah al-Islam members not consistent with the suspicion that Syrian intelligence only passed through pflp-gc and Fatah al-Intifada used Fatah al-Islam to serve its political and security bases on Lebanese soil but also underwent military objectives in Lebanon. The Prime Minister also stated training there. According to the Lebanese authorities in his letter that, reportedly, significant amounts of and other Member States in the region, there were weapons transferred from Syria during the July 2006 ties between Fatah al-Islam, pflp-gc and Fatah al- war and since then were probably made available to Intifada; the latter, in particular, acted as a facilita- some parties within Lebanon with very close ties to tor for Fatah al-Islam in Syria and Lebanon. In its Syria. The Syrian Government, in a letter addressed to response to the issues raised by the Lebanese Prime the Secretary-General on 19 October, strongly rejected Minister, Syria asserted that it had supported laf in the assertions made by the Lebanese Prime Minister. its confrontation with the terrorists at Nahr al-Bared The letter, among other things, asserted that Syria had and that its security forces had numerous confron- taken every measure to prevent smuggling across its tations with Fatah al-Islam militants. According to Middle East 501 the Lebanese Government, detained Fatah al-Islam The eventual disarmament of Hizbullah in the sense militants confessed to the bombing of two commuter of the completion of its transformation into a solely buses in the village of Ain Alaq, north-east of Beirut, political party continued to represent a key element on 13 February. In June, the Lebanese State prosecu- for the full restoration of the sovereignty, territorial tion filed charges against 16 Fatah al-Islam suspects integrity and political independence of Lebanon. Ac- in relation to the bombing; nine of the defendants cording to the Secretary-General, the disarmament were in custody. The group reportedly comprised 10 of Lebanese and non-Lebanese militias had to take Syrian nationals, two Lebanese, three Palestinians place through a political process that would lead to and one Saudi. The United Nations did not have the the full affirmation of the authority of the Lebanese means to corroborate independently the information Government throughout all of its territory. The po- received from either the Lebanese authorities or from litical crisis continued to prevent the parties in Leba- Syria. The Lebanese Government further informed non from resuming their national dialogue and from the Secretary-General that, while Fatah al‑Islam had making progress on the implementation of the Gov- been uprooted from Nahr al-Bared, there were docu- ernment’s Seven-Point Plan, adopted on 27 July 2006 mented links between it and other extremist groups [YUN 2006, p. 579]. in other parts of Lebanon. The extended term in office of President Lahoud Palestinian refugee camps continued to pose a had remained contested since September 2004. On major challenge to stability and security. In addition 25 September, the Speaker of the Parliament, Nabih to Fatah al-Islam, groups such as Jund al-Sham and Berri, attempted to convene Parliament for a first vote ‘Usbat al-Ansar, which had military experience and on a new president. However, while the parliamen- ties to Al-Qaida, were active in the camps. According tary majority was present in full, the session was never to information provided to the Secretary-General by opened, since fewer Members of Parliament attended regional Member States, those groups drew on fight- than the two thirds whose votes would be necessary for ers recruited to join the insurgency in Iraq. By and a candidate to win during the first round, in accord- large, however, the Palestine Liberation Organiza- ance with the Constitution. The same day, the Speaker tion (plo) and Fatah retained control of most of the issued a call for Parliament to convene for a vote on the refugee camps and curbed the influence and activi- presidency on 23 October. That session was postponed ties of such groups. The fighting between Fatah al- again to 12 November. However, on 16 October, the Islam and the Lebanese Army signified the first time Parliament did convene for the first time during that that laf entered a Palestinian refugee camp. In the parliamentary session, in order to elect parliamentary course of the fighting, more than 32,000 Palestin- committees for the elections and office-holders to -fa ian refugees were displaced from Nahr al-Bared. The cilitate the vote, should it take place. overwhelming majority fled to the nearby Baddawi The Secretary-General observed that the precari- refugee camp, which saw its population nearly double ous security conditions, combined with the political as a result. Close to 5,000 refugees from Nahr al- stalemate, created a climate of enduring crisis, with Bared were displaced to refugee camps in Tyre, Bei- adverse effects on society and the economy. Overall, rut and elsewhere in Lebanon. The situation within the conditions prevailing in Lebanon were not condu- Palestinian refugee camps remained precarious, with cive to the reassertion of the country’s sovereignty, ter- occasional armed clashes breaking out between Pal- ritorial integrity, unity and political independence. In estinian militias, specifically Fatah, the Damascus- the context of prolonged political crisis, the challenge headquartered Islamic Resistance Movement (Ha- from militias and allegations of widespread rearming mas) and pflp-gc. The Secretary-General received and paramilitary training, the authority of the Gov- additional information from regional Member States ernment remained constrained and contested, as had indicating that pflp-gc continued to maintain close its monopoly on the legitimate use of violence. ties with Syria and with Hizbullah, and was receiv- In a later report [S/2008/264], the Secretary-General ing material and training from Iran. The Lebanese reported that the position of President of the Repub- Government provided the United Nations with lic had remained vacant since 24 November, when the information on the seizure of a truckload of Grad extended term of President Lahoud ended. The elec- rockets, mortars and ammunition for automatic toral void fuelled political polarization and impeded rifles and machine guns belonging to Hizbullah, the normal functioning of the legitimate constitutional seized on 5 June at a laf checkpoint near Baalbek in institutions. It also contributed, at times, to violent con- the Bekaa Valley, a few kilometres from the border. frontations between the opposing parties, leading to Those arms were being moved within the country. casualties. On 12 December, an explosion killed Ma- The Secretary-General received renewed information jor General François el-Hajj, head of the operations of from Israel and other Member States that Hizbullah the Lebanese Army, together with his driver, and nine had rebuilt and increased its military capacity com- others were injured (see p. 505). The Secretary-General pared to prior to the war of July and August 2006. convened on 17 December, on the sidelines of a donor 502 Political and security questions conference for the Palestinians in Paris, a ministe- tigation of all aspects pertaining to the assassination of rial meeting attended by Egypt, France, Italy, Jordan, former Lebanese Prime Minister Rafik Hariri and 22 Portugal (European Union Presidency), Saudi Arabia, others on 14 February 2005 [ibid., p. 551]. Spain, the United Arab Emirates, the United Kingdom, On 8 June [S/2007/351], the Secretary-General in- the United States, the European Commission and the formed the Security Council President of his intention European High Representative. The meeting issued a to extend, until 31 December 2007, the appointment statement of strong support for Lebanon and called for of Serge Brammertz (Belgium) as uniiic’s Commis- Parliament to be allowed to convene to fulfil its consti- sioner. On 13 June [S/2007/352], the Council took note tutional duties. The ministers reaffirmed their support of the Secretary-General’s intention. On 12 November to the legitimate Government of Lebanon and urged [S/2007/669], the Secretary-General decided to appoint their Arab partners to come up with an initiative to un- Daniel Bellemare (Canada) as uniiic’s Commissioner, lock the political impasse. following the expiration of Mr. Brammertz’s mandate. Communication. On 2 November [S/2007/646], The Secretary-General, under his authority pursuant to Iran said that it had never provided pflp-gc with mili- article 3 of the annex to Council resolution 1757(2007) tary or training support, as was alleged in the Secretary- (see p. 506), and on the recommendation of the selec- General’s October report on the implementation of tion panel established for that purpose, also appointed Council resolution 1559(2004) (see p. 499). Mr. Bellemare as the Special Tribunal’s Prosecutor. On 14 November [S/2007/670], the Council took note of SECURITY COUNCIL ACTION the Secretary-General’s intention. On 11 December [meeting 5799], following consultations On 13 February [S/2007/90], the Secretary-General among Security Council members, the President made informed the Security Council President that he had statement S/PRST/2007/46 on behalf of the Council: received a letter from Prime Minister Siniora request- The Security Council stresses its deep concern at the ing technical assistance from uniiic in the effort to in- repeated postponements of the presidential election in vestigate the bombing of two buses that took place on Lebanon. that same day near the town of Bikfaya, which killed It emphasizes that the ongoing political impasse does three people. On 15 February [S/2007/91], the Security not serve the interest of the Lebanese people and may lead Council, having taken note of the Secretary-General’s to further deterioration of the situation in Lebanon. letter, invited uniiic to extend technical assistance to The Council reiterates its call for the holding, without delay, of a free and fair presidential election in conform- the Lebanese authorities in the investigation of the ity with Lebanese constitutional rules, without any for- bombing. eign interference or influence, and with full respect for By a 13 June letter to the Secretary-General democratic institutions. [S/2007/356], Prime Minister Siniora requested techni- It emphasizes the importance of Lebanese constitu- cal assistance from uniiic in the effort to investigate tional institutions, including the Government of Leba- the murder of Member of Parliament Walid Eido on non, as well as the importance of the unity of the Leba- that same day (see p. 503). The Security Council, on nese people, in particular on the basis of reconciliation and political dialogue. 14 June [S/2007/357], invited uniiic to extend technical It calls upon all Lebanese political parties to continue assistance to the Lebanese authorities in the investiga- to exercise restraint and to show responsibility with a tion of Mr. Eido’s murder. view to preventing, through dialogue, further deteriora- On 19 September [S/2007/556], Prime Minister tion of the situation in Lebanon. Siniora requested technical assistance from uniiic to The Council therefore commends the course adopted investigate the murder on the same day of Antoine by the democratically elected Government of Lebanon Ghanem, a Member of Parliament (see p. 504). On 21 and the Lebanese Armed Forces in carrying out their September , the Council invited uniiic to respective responsibilities in the period until the presi- [S/2007/557] dential election occurs. extend technical assistance to the Lebanese authorities The Council reiterates its call for the full implementa- in investigation of the murder. tion of all its resolutions on Lebanon. By a 12 December letter to the Secretary-General [S/2007/735], Prime Minister Siniora requested techni- Other security issues cal assistance from uniiic to investigate the murder of Brigadier General François Hajj, who had been Investigation of assassination killed on that same day (see p. 505). On 14 Decem- of former Prime Minister Rafik Hariri ber [S/2007/736], the Council invited uniiic to extend The United Nations International Independent In- technical assistance to the Lebanese authorities in the vestigation Commission (uniiic), established by Secu- investigation of the murder. rity Council resolution 1595(2005) [YUN 2005, p. 553], Report of UNIIIC (March). On 15 March continued to assist Lebanese authorities in their inves- [S/2007/150], the Secretary-General transmitted to the Middle East 503

Security Council President the seventh uniiic report 2006, 1373(2001) of 28 September 2001 and 1566(2004) on progress in implementing the Commission’s man- of 8 October 2004, date, covering the period since the last report of 12 Reaffirming its strongest condemnation of the terrorist bombing of 14 February 2005, as well as of all other attacks December 2006 [YUN 2006, p. 599]. During that pe- riod, uniiic remained focused on its primary objective in Lebanon since October 2004, and reaffirming also that in the investigation of the Hariri case and provided those involved in these attacks must be held accountable technical assistance to the Lebanese authorities in 16 for their crimes, other cases, including the assassination of Minister Having examined the report of the International Inde- pendent Investigation Commission (“the Commission”), Pierre Gemayel [ibid., p. 596] and the bombing of two submitted pursuant to resolutions 1595(2005), 1636(2005), buses in the village of Ain Alaq on 13 February 2007. 1644(2005) and 1686(2006), In the Hariri case, uniiic made progress in collecting Commending the Commission for the outstanding pro- new evidence and in expanding the forms of evidence fessional work it continues to accomplish under difficult collected. That enableduniiic to narrow its focus in a circumstances in assisting the Lebanese authorities in their number of areas, particularly in relation to establishing investigation into all aspects of this terrorist act, the motive behind the execution of the crime. Taking note of the letter dated 21 February 2007 from Uniiic continued to maintain a close working re- the Prime Minister of Lebanon to the Secretary-General re- lationship with Lebanese authorities on all matters questing that the mandate of the Commission be extended relevant to its mandate. Uniiic also continued to re- for a further period of up to one year from 15 June 2007 in ceive responses to its requests to other Member States, order to ensure stability and continuity in the investigative including Syria. Since the last report, the political and process, and noting the concurrent recommendation of the Secretary-General in that regard, security environment in and around Lebanon had Noting the conclusion of the Commission that, in the remained unstable. Uniiic monitored the political light of its current and planned investigative activities, and situation in the region and its potential impact on its while significant progress has been made, it is unlikely that investigations and requirements for its security. the Commission will complete its work before its current Security Council consideration. On 21 March mandate expires and that the Commission therefore wel- [meeting 5642], in his briefing to the Security Council, comes the Lebanese request for an extension of its mandate uniiic Commissioner Serge Brammertz said that a beyond this date, number of factors had shaped Mr. Hariri’s environment Willing to continue to assist Lebanon in the search for in the period leading up to his assassination on 14 Febru- the truth and in holding all those involved in this terrorist ary 2005. Those factors included the inception of Council attack accountable, 1. Welcomes the report of the Commission; resolution 1559(2004) [YUN 2004, p. 506] and the implica- tions of its implementation; the extension of the term of 2. Decides to extend the mandate of the Commission President Lahoud; the dynamics between Mr. Hariri and until 15 June 2008, and declares its readiness to terminate other political parties and leaders in Lebanon, Syria and the mandate earlier if the Commission reports that it has completed the implementation of its mandate; other countries; and preparation ahead of the parliamen- 3. Requests the Commission to continue to report to tary elections that were scheduled for May 2005. Uniiic the Security Council on the progress of the investigation was mindful of the balance that needed to be struck every four months, or at any other time as it deems ap- between the Hariri case and the provision of support in propriate; the 16 other cases it was working on. 4. Decides to remain seized of the matter. Communication. On 20 March [S/2007/159], Leb- anon requested the extension of uniiic’s mandate for Assassination of Walid Eido a period of up to one year, from 15 June, and looked forward to the earliest ratification by the Lebanese Par- On 13 June, Walid Eido—a member of the Leba- liament of the agreement with the United Nations for nese Parliament and of Saad Hariri’s Future Move- the establishment of a special tribunal. ment—his son, two bodyguards and four other people were murdered in an assassination reminiscent of the terrorist attacks perpetrated in Lebanon throughout SECURITY COUNCIL ACTION 2005. The Secretary-General condemned the attack On 27 March , the Security Council [meeting 5648] [SG/SM/11043] and called on the Government to bring unanimously adopted resolution 1748(2007). The to justice the perpetrators and instigators of that draft [S/2007/171] was prepared in consultations among crime. Council members.

The Security Council, SECURITY COUNCIL ACTION Recalling all its previous relevant resolutions, in particu- lar resolutions 1595(2005) of 7 April 2005, 1636(2005) On 13 June [meeting 5694], following consultations of 31 October 2005, 1644(2005) of 15 December 2005, among Security Council members, the President made 1664(2006) of 29 March 2006, 1686(2006) of 15 June statement S/PRST/2007/18 on behalf of the Council: 504 Political and security questions

The Security Council unequivocally condemns the ter- Security Council consideration. On 19 July rorist attack in Beirut on 13 June 2007 which killed at [meeting 5719], in his briefing to the Security Council, least nine persons, including Member of Parliament Walid uniiic’s Commissioner, Mr. Brammertz, said that fol- Eido, and injured several others. The Council expresses its lowing a detailed review of its information and find- deepest sympathy and condolences to the families of the ings, uniiic identified a number of persons who pre- victims and to the people and Government of Lebanon. sented a particular interest to the investigation of Mr. The Council commends the determination and com- mitment of the Government of Lebanon to bring to Hariri’s assassination. Uniiic’s findings suggested that justice the perpetrators, organizers and sponsors of this those individuals might have been involved in some and other assassinations and underlines its determina- aspects of the planning or execution of the attack, or tion to support the Government of Lebanon in its efforts that they could have known that such a plan was under to this end. way. That line of investigation would continue to be a The Council condemns any attempt to destabilize priority. Following a request from the Lebanese Prime Lebanon, including through political assassination or Minister to the United Nations, uniiic was tasked to other terrorist acts. The Council reiterates its full sup- provide technical assistance to the Lebanese investiga- port to the ongoing efforts of the Government and people tions into the 13 June assassination of Walid Eido, his of Lebanon to combat terrorism, solidify democracy and son and six other people. A team of forensic experts institutions through national dialogue, and extend the working for uniiic completed a two-week examina- authority of the Government of Lebanon throughout its tion of the crime scene, and uniiic was awaiting results territory. from those examinations to proceed with comparative The Council calls upon all parties in Lebanon and the region to show restraint and a sense of responsibility analyses. with a view to preventing any further deterioration of the situation in Lebanon. The Council urges all States, in Assassination of Antoine Ghanem accordance with its resolutions 1373(2001), 1566(2004) On 19 September, Antoine Ghanem, a Member of and 1624(2005), to cooperate fully in the fight against Parliament, and seven other people were assassinated terrorism. in a car bomb explosion in the Sin al-Fil suburb of Bei- The Council reaffirms its previous calls upon all -par ties concerned to cooperate fully and urgently with the rut. The Secretary-General[SG/SM/11167] condemned Council for the full implementation of all relevant reso- the attack, urged all Lebanese to exercise restraint and lutions, in particular those concerning the restoration called for continued dialogue among all Lebanese. of the territorial integrity, full sovereignty and political independence of Lebanon. SECURITY COUNCIL ACTION The Council requests the Secretary-General to con- On 20 September [meeting 5747], following consulta- tinue to follow closely and report regularly to the Council tions among Security Council members, the President on the situation in Lebanon. made statement S/PRST/2007/34 on behalf of the Report of uniiic (July). In its 12 July report Council: [S/2007/424], uniiic stated that it continued to pursue The Security Council strongly condemns the terror- investigations into the assassination of Rafik Hariri and ist attack in Beirut on 19 September 2007, which killed the other 17 cases for which uniiic had been mandated at least seven persons, including Member of Parliament to provide technical assistance to the Lebanese authori- Antoine Ghanem. The Council expresses its deepest sym- pathy and condolences to the families of the victims and ties. In addition, uniiic completed a comprehensive re- to the people and Government of Lebanon. view of all its information, analysis and findings on all The Council commends the determination and com- past and current investigations. Among other things, mitment of the Government of Lebanon to bring to that effort allowed uniiic to refine its workplans for justice the perpetrators, organizers and sponsors of this the next reporting period, making the best possible use and other assassinations and underlines its determina- of its limited resources. The Commission noted with tion to support the Government of Lebanon in its efforts concern the deterioration in the security situation in to this end. Lebanon since its last report (see p. 502). Although The Council reiterates its condemnation of all targeted uniiic, in close cooperation with Lebanese authorities, assassinations of Lebanese leaders, including since Octo- had put in place mitigating measures to protect its staff ber 2004, and demands an immediate end of the use of in- and premises, the deterioration in the political and se- timidation and violence against the representatives of the curity environment was likely to have a negative effect Lebanese people and institutions. On the eve of the cru- cial period of the presidential election, it stresses that any on uniiic activities. In the light of the establishment of attempt to destabilize Lebanon, including through politi- a Special Tribunal for Lebanon by the Security Council cal assassination or other terrorist acts, should not impede in resolution 1757(2007) (see p. 506), uniiic had taken or subvert the constitutional process in Lebanon. several steps to facilitate the hand-over from the Com- The Council reiterates, in this context, its call for the mission to the Special Tribunal once the latter became holding of a free and fair presidential election in con- operational. formity with Lebanese constitutional norms and sched- Middle East 505

ules and without any foreign interference, fully respect- made statement S/PRST/2007/47 on behalf of the ing the sovereignty of Lebanon. Council: The Council emphasizes the importance of the unity of The Security Council condemns in the strongest terms all the Lebanese people. It also reiterates its full support the terrorist attack in Baabda, Lebanon, on 12 December to all ongoing efforts in Lebanon to combat terrorism, so- 2007 which killed Brigadier General François el‑Hajj of lidify democratic institutions through national dialogue, the Lebanese Armed Forces and killed and injured and continue to extend the authority of the Government several other persons. of Lebanon throughout its territory. It expresses its deepest sympathy and condolences to the families of the victims, to the Lebanese Armed Forces Report of uniiic (November). In its 28 Novem- and to the Government of Lebanon. ber report , uniiic stated that, since its [S/2007/684] The Council expresses its strong condemnation of this last report, it had implemented detailed investigative attempt to destabilize Lebanese institutions, in this par- workplans and had reached a satisfactory understand- ticular case the Lebanese Armed Forces. ing in a number of investigative areas. As the scope of The Council reiterates its condemnation of all targeted the investigations narrowed, uniiic was taking a cau- assassinations of Lebanese leaders, particularly since Oc- tious approach to the management of information, in tober 2004, and demands an immediate end to the use order to protect the integrity both of the investigation of intimidation and violence against the representatives and of any future legal process, and to ensure the of the Lebanese people and institutions. security of individuals who cooperated or desired to It stresses that it is of the highest importance that the cooperate with uniiic as well as the security of uniiic perpetrators, organizers and sponsors of this heinous staff. The Commission also continued to prepare for crime are brought to justice and expresses its determi- the transition to the Office of the Prosecutor of the nation to support the efforts and commitment of the Special Tribunal. The tense political and security en- Government of Lebanon to this end. vironment in Lebanon continued to have an impact The Council recalls its support for the efforts of the on uniiic activities. Secretary‑General for the establishment of the Special Tribunal for Lebanon in a timely manner, as a means Security Council consideration. In his briefing to put an end to impunity in Lebanon and deter further to the Security Council on 5 December [meeting 5790], assassinations in Lebanon. the uniiic Commissioner said that, since his last brief- It underlines that no attempt to destabilize Lebanon ing, uniiic had continued to pursue the investigation should prevent the holding, without delay, of a free and into the assassination of former Prime Minister Hariri fair presidential election in conformity with Lebanese and extended its technical assistance to the Lebanese constitutional rules, without any foreign interference or authorities in their investigations into 18 other attacks. influence, and with full respect for democratic institu- Uniiic further refined its understanding of the events tions. surrounding Mr. Hariri’s assassination. Progress was The Council emphasizes the importance of the unity of all the Lebanese people. It also reiterates its full support made in several areas, including the facts surround- for all ongoing efforts in Lebanon to combat terrorism, ing the two males who bought the van used in the solidify democratic institutions, engage in political attack; the specific area from which the suicide bomber dialogue and pursue national reconciliation. might have come, and how and when he might have entered Lebanon; and a deeper analysis of the de jure Special Tribunal for Lebanon and de facto structures, means, capacities, information flows and reporting lines of certain organizations of On 6 February, the United Nations signed the relevance to the investigation. agreement with Lebanon on the establishment of a spe- cial tribunal for Lebanon. The signing was in line with the mandate given by the Security Council in resolu- Assassination of Brigadier tion 1664(2006) [YUN 2006, p. 601] to the Secretary- General François al-Hajj General to proceed, together with the Government of On 12 December, a car bomb explosion in Baabda, Lebanon and in conformity with the Constitution of Lebanon, killed Brigadier General François el-Hajj, Lebanon, with the final steps for the conclusion of the the Lebanese Army’s chief of operations, and two agreement. other people. Condemning the attack, , [SG/SM/11328] Communications. On 15 May [S/2007/281], the the Secretary-General said that acts of terror aimed at Secretary-General transmitted to the Council Presi- undermining Lebanon’s sovereignty were unaccept- dent a 14 May letter from Lebanese Prime Minister able and called on Lebanese political leaders to arrive Fouad Siniora. The Prime Minister wrote that the at a solution for immediate presidential elections. impasse created by the refusal of the Speaker of Parlia- ment to convene a session of Parliament to ratify the SECURITY COUNCIL ACTION statutes of the Tribunal and the bilateral agreement On 12 December [meeting 5800], following consulta- with the United Nations continued. A parliamentary tions among Security Council members, the President majority had expressed its support for the Tribunal and 506 Political and security questions its readiness to ratify it in Parliament if a session could questing, inter alia, the establishment of a tribunal of an be convened. The Government believed that the time international character to try all those who are found re- had come for the Security Council to help make the sponsible for this terrorist crime, and the request by the Special Tribunal for Lebanon a reality. Therefore, the Security Council for the Secretary-General to negotiate an agreement with the Government of Lebanon aimed at Prime Minister asked the Secretary-General to put establishing such a tribunal based on the highest interna- before the Council Lebanon’s request that the Special tional standards of criminal justice, Tribunal be put into effect. Further delays in setting up Recalling also the report of the Secretary-General of 15 the Tribunal would be detrimental to Lebanon’s stabil- November 2006 on the establishment of a special tribunal ity. The Secretary-General concurred with the Prime for Lebanon reporting on the conclusion of negotiations Minister that all domestic options for the ratification and consultations that took place between January and of the Special Tribunal appeared to be exhausted, al- September 2006 at United Nations Headquarters in New though it would have been preferable for the Lebanese York, The Hague and Beirut between the Legal Counsel of parties to have resolved that issue among themselves the United Nations and authorized representatives of the based on a national consensus. Government of Lebanon, and the letter dated 21 Novem- ber 2006 from the President of the Security Council to On 16 May [S/2007/286], in a letter addressed to the the Secretary-General reporting that the members of the Secretary-General, Lebanese President Emile Lahoud Council welcomed the conclusion of the negotiations and said that he regretted that Prime Minister Siniora had that they were satisfied with the agreement annexed to the resorted to falsification and distortion of facts in order report, to implicate the Security Council in action alien to its Recalling further that, as set out in the letter dated 21 objectives, role and concerns. The Prime Minister was November 2006, should voluntary contributions be in- endeavouring to secure support for one Lebanese group sufficient for the Tribunal to implement its mandate, the over the other. The President explained that, while he Secretary-General and the Security Council shall explore had been the first to ask for an international investiga- alternate means of financing the Tribunal, Recalling that the Agreement between the United Na- tion, the approval of the Tribunal had not taken place in tions and the Lebanese Republic on the establishment of accordance with the provisions of the Constitution for a Special Tribunal for Lebanon was signed by the Govern- approval of international treaties, including the provi- ment of Lebanon and the United Nations on 23 January sion that the President had the sole authority to submit and 6 February 2007 respectively, draft laws to Parliament. He added that the Government Referring to the letter dated 14 May 2007 from the Prime had lost its legitimacy under the National Pact and the Minister of Lebanon to the Secretary-General, in which Constitution as of 11 November 2006, when a signifi- he recalled that the parliamentary majority had expressed cant sectarian bloc had withdrawn from it. Approval of its support for the Special Tribunal, and asked that his re- the Tribunal directly by the Council would constitute a quest that the Tribunal be put into effect be presented to transgression of the constitutional mechanism, increas- the Council as a matter of urgency, ing anxiety about its being used for political purposes, Mindful of the demand of the Lebanese people that and would harm Lebanon’s peace and stability. all those responsible for the terrorist bombing that killed former Prime Minister of Lebanon Rafiq Hariri and others be identified and brought to justice, SECURITY COUNCIL ACTION Commending the Secretary-General for his continuing On 30 May [meeting 5685], the Security Council efforts to proceed, together with the Government of Leba- adopted resolution 1757(2007) by recorded vote (10- non, with the final steps for the conclusion of the Agree- 0-5). The draft was submitted by Belgium, ment as requested in the letter of the President of the Se- [S/2007/315] curity Council dated 21 November 2006, and referring in France, Italy, Slovakia, the United Kingdom and the this regard to the briefing by the Legal Counsel on 2 May United States. 2007, in which he noted that the establishment of the Spe- The Security Council, cial Tribunal through the constitutional process is facing Recalling all its previous relevant resolutions, in particu- serious obstacles, but noting also that all parties concerned lar resolutions 1595(2005) of 7 April 2005, 1636(2005) reaffirmed their agreement in principle to the establishment of 31 October 2005, 1644(2005) of 15 December 2005, of the Tribunal, 1664(2006) of 29 March 2006 and 1748(2007) of 27 Commending also the recent efforts of parties in the March 2007, region to overcome these obstacles, Reaffirming its strongest condemnation of the terrorist Willing to continue to assist Lebanon in the search for bombings of 14 February 2005, as well as other attacks in the truth and in holding all those involved in the terrorist Lebanon since October 2004, attack accountable, and reaffirming its determination to Reiterating its call for the strict respect of the sovereignty, support Lebanon in its efforts to bring to justice the per- territorial integrity, unity and political independence of petrators, organizers and sponsors of this and other assas- Lebanon under the sole and exclusive authority of the sinations, Government of Lebanon, Reaffirming its determination that this terrorist act and Recalling the letter dated 13 December 2005 from the its implications constitute a threat to international peace Prime Minister of Lebanon to the Secretary-General re- and security, Middle East 507

1. Decides, acting under Chapter VII of the Charter of March 2006 and the views that have been expressed by the United Nations, that: Council members, (a) The provisions of the annexed document, includ- Whereas the Secretary-General and the Government ing the attachment thereto, on the establishment of a Spe- of the Lebanese Republic (hereinafter “the Government”) cial Tribunal for Lebanon shall enter into force on 10 June have conducted negotiations for the establishment of a Spe- 2007, unless the Government of Lebanon has provided cial Tribunal for Lebanon (hereinafter “the Special Tribu- notification under article 19, paragraph 1, of the annexed nal” or “the Tribunal”), document before that date; Now therefore the United Nations and the Lebanese (b) If the Secretary-General reports that the headquar- Republic (hereinafter referred to jointly as “the Parties”) ters agreement has not been concluded as envisioned under have agreed as follows: article 8 of the annexed document, the location of the seat of the Tribunal shall be determined in consultation with Article 1 the Government of Lebanon and be subject to the conclu- Establishment of the Special Tribunal sion of a headquarters agreement between the United Na- tions and the State that hosts the Tribunal; 1. There is hereby established a Special Tribunal for Lebanon to prosecute persons responsible for the attack of (c) If the Secretary-General reports that contributions 14 February 2005 resulting in the death of former Lebanese from the Government of Lebanon are not sufficient to bear Prime Minister Rafiq Hariri and in the death or injury of the expenses described in article 5, paragraph 1 (b), of the other persons. If the Tribunal finds that other attacks that annexed document, he may accept or use voluntary contri- occurred in Lebanon between 1 October 2004 and 12 De- butions from States to cover any shortfall; cember 2005, or any later date decided by the Parties and 2. Notes that, pursuant to article 19, paragraph 2, of the with the consent of the Security Council, are connected in annexed document, the Special Tribunal shall commence accordance with the principles of criminal justice and are functioning on a date to be determined by the Secretary- of a nature and gravity similar to the attack of 14 February General in consultation with the Government of Lebanon, 2005, it shall also have jurisdiction over persons responsible taking into account the progress of the work of the Interna- for such attacks. This connection includes but is not lim- tional Independent Investigation Commission; ited to a combination of the following elements: criminal 3. Requests the Secretary-General, in coordination, intent (motive), the purpose behind the attacks, the nature when appropriate, with the Government of Lebanon, to of the victims targeted, the pattern of the attacks (modus undertake the steps and measures necessary to establish the operandi) and the perpetrators. Special Tribunal in a timely manner and to report to the 2. The Special Tribunal shall function in accordance Council within ninety days and thereafter periodically on with the Statute of the Special Tribunal for Lebanon. The the implementation of the present resolution; Statute is attached to this Agreement and forms an integral 4. Decides to remain actively seized of the matter. part thereof. RECORDED VOTE ON RESOLUTION 1757(2007): In favour: Belgium, Congo, France, Ghana, Italy, Panama, Article 2 Peru, Slovakia, United Kingdom, United States. Composition of the Special Tribunal Against: None. and appointment of judges Abstaining: China, Indonesia, Qatar, Russian Federation, 1. The Special Tribunal shall consist of the following South Africa. organs: the Chambers, the Prosecutor, the Registry and the An n e x Defence Office. 2. The Chambers shall be composed of a Pretrial Judge, Agreement between the United Nations a Trial Chamber and an Appeals Chamber, with a second and the Lebanese Republic on the Trial Chamber to be created if, after the passage of at least establishment of a Special Tribunal for Lebanon six months from the commencement of the functioning of Whereas the Security Council, in its resolution the Special Tribunal, the Secretary-General or the President 1664(2006) of 29 March 2006, which responded to the of the Special Tribunal so requests. request of the Government of Lebanon to establish a tri- 3. The Chambers shall be composed of no fewer than bunal of an international character to try all those who are eleven independent judges and no more than fourteen such found responsible for the terrorist crime which killed the judges, who shall serve as follows: former Lebanese Prime Minister Rafiq Hariri and others, (a) A single international judge shall serve as a Pretrial recalled all its previous resolutions, in particular resolutions Judge; 1595(2005) of 7 April 2005, 1636(2005) of 31 October (b) Three judges shall serve in the Trial Chamber, of 2005 and 1644(2005) of 15 December 2005, whom one shall be a Lebanese judge and two shall be Whereas the Security Council has requested the Secretary- international judges; General of the United Nations (hereinafter “the Secretary- (c) In the event of the creation of a second Trial Cham- General”) “to negotiate an agreement with the Govern- ber, that Chamber shall be likewise composed in the man- ment of Lebanon aimed at establishing a tribunal of an ner contained in subparagraph (b) above; international character based on the highest international (d) Five judges shall serve in the Appeals Chamber, standards of criminal justice”, taking into account the of whom two shall be Lebanese judges and three shall be recommendations of the Secretary-General’s report of 21 international judges; and 508 Political and security questions

(e) Two alternate judges, of whom one shall be a Leba- of professional competence and extensive experience in nese judge and one shall be an international judge. the conduct of investigations and prosecutions of crimi- 4. The judges of the Tribunal shall be persons of high nal cases. The Prosecutor and the Deputy Prosecutor shall moral character, impartiality and integrity, with extensive be independent in the performance of their functions and judicial experience. They shall be independent in the per- shall not accept or seek instructions from any Government formance of their functions and shall not accept or seek or any other source. instructions from any Government or any other source. 5. The Prosecutor shall be assisted by such Lebanese 5. (a) Lebanese judges shall be appointed by the and international staff as may be required to perform the Secretary-General to serve in the Trial Chamber or the Ap- functions assigned to him or her effectively and efficiently. peals Chamber or as an alternate judge from a list of twelve persons presented by the Government upon the proposal of Article 4 the Lebanese Supreme Council of the Judiciary; Appointment of a Registrar (b) International judges shall be appointed by the Secretary-General to serve as Pretrial Judge, a Trial Cham- 1. The Secretary-General shall appoint a Registrar ber Judge, an Appeals Chamber Judge or an alternate judge, who shall be responsible for the servicing of the Chambers and the Office of the Prosecutor, and for the recruitment upon nominations forwarded by States at the invitation of and administration of all support staff. He or she shall also the Secretary-General, as well as by competent persons; administer the financial and staff resources of the Special (c) The Government and the Secretary-General shall Tribunal. consult on the appointment of judges; 2. The Registrar shall be a staff member of the United (d) The Secretary-General shall appoint judges, upon Nations. He or she shall serve a three-year term and may the recommendation of a selection panel he has established be eligible for reappointment for a further period to be de- after indicating his intentions to the Security Council. The termined by the Secretary-General in consultation with the selection panel shall be composed of two judges, currently Government. sitting on or retired from an international tribunal, and the representative of the Secretary-General. Article 5 6. At the request of the presiding judge of a Trial Chamber, the President of the Special Tribunal may, in the Financing of the Special Tribunal interest of justice, assign alternate judges to be present at 1. The expenses of the Special Tribunal shall be borne each stage of the trial and to replace a judge if that judge is in the following manner: unable to continue sitting. (a) Fifty-one per cent of the expenses of the Tribunal 7. Judges shall be appointed for a three-year period and shall be borne by voluntary contributions from States; may be eligible for reappointment for a further period to be (b) Forty-nine per cent of the expenses of the Tribunal determined by the Secretary-General in consultation with shall be borne by the Government of Lebanon. the Government. 2. It is understood that the Secretary-General will 8. Lebanese judges appointed to serve in the Special commence the process of establishing the Tribunal when Tribunal shall be given full credit for their period of serv- he has sufficient contributions in hand to finance the es- ice with the Tribunal on their return to the Lebanese na- tablishment of the Tribunal and twelve months of its op- tional judiciaries from which they were released and shall erations plus pledges equal to the anticipated expenses of be reintegrated at a level at least comparable to that of their the following twenty-four months of the Tribunal’s opera- former position. tion. Should voluntary contributions be insufficient for the Tribunal to implement its mandate, the Secretary-General Article 3 and the Security Council shall explore alternate means of Appointment of a Prosecutor financing the Tribunal. and a Deputy Prosecutor Article 6 1. The Secretary-General, after consultation with the Government, shall appoint a Prosecutor for a three-year Management Committee term. The Prosecutor may be eligible for reappointment for The parties shall consult concerning the establishment a further period to be determined by the Secretary-General of a Management Committee. in consultation with the Government. 2. The Secretary-General shall appoint the Prosecu- Article 7 tor, upon the recommendation of a selection panel he has Juridical capacity established after indicating his intentions to the Security Council. The selection panel shall be composed of two The Special Tribunal shall possess the juridical capacity judges, currently sitting on or retired from an international necessary: tribunal, and the representative of the Secretary-General. (a) To contract; 3. The Government, in consultation with the Secretary- (b) To acquire and dispose of movable and immovable General and the Prosecutor, shall appoint a Lebanese Dep- property; uty Prosecutor to assist the Prosecutor in the conduct of the (c) To institute legal proceedings; investigations and prosecutions. (d) To enter into agreements with States as may be nec- 4. The Prosecutor and the Deputy Prosecutor shall essary for the exercise of its functions and for the operation be of high moral character and possess the highest level of the Tribunal. Middle East 509

Article 8 Head of the Defence Office in the interest of the Special Seat of the Special Tribunal Tribunal and not for the personal benefit of the individu- als themselves. The right and the duty to waive the immu- 1. The Special Tribunal shall have its seat outside nity in any case where it can be waived without prejudice Lebanon. The location of the seat shall be determined hav- to the purposes for which it is accorded shall lie with the ing due regard to considerations of justice and fairness as Secretary-General, in consultation with the President of the well as security and administrative efficiency, including the Tribunal. rights of victims and access to witnesses, and subject to the conclusion of a headquarters agreement between the Article 12 United Nations, the Government and the State that hosts the Tribunal. Privileges and immunities of international and Lebanese personnel 2. The Special Tribunal may meet away from its seat when it considers it necessary for the efficient exercise of 1. Lebanese and international personnel of the Office of its functions. the Special Tribunal, while in Lebanon, shall be accorded: 3. An Office of the Special Tribunal for the conduct of in- (a) Immunity from legal process in respect of words vestigations shall be established in Lebanon subject to the con- spoken or written and all acts performed by them in their clusion of appropriate arrangements with the Government. official capacity. Such immunity shall continue to be ac- corded after termination of employment with the Office of Article 9 the Special Tribunal; (b) Exemption from taxation on salaries, allowances Inviolability of premises, archives and emoluments paid to them. and all other documents 2. International personnel shall, in addition thereto, 1. The Office of the Special Tribunal in Lebanon be accorded: shall be inviolable. The competent authorities shall take (a) Immunity from immigration restriction; appropriate action that may be necessary to ensure that (b) The right to import free of duties and taxes, except the Tribunal shall not be dispossessed of all or any part for payment for services, their furniture and effects at the of the premises of the Tribunal without its express con- time of first taking up their official duties in Lebanon. sent. 3. The privileges and immunities are granted to the 2. The property, funds and assets of the Office of the officials of the Office of the Special Tribunal in the interest Special Tribunal in Lebanon, wherever located and by of the Tribunal and not for their personal benefit. The right whomsoever held, shall be immune from search, seizure, and the duty to waive the immunity in any case where it can requisition, confiscation, expropriation and any other form be waived without prejudice to the purpose for which it is of interference, whether by executive, administrative, judi- accorded shall lie with the Registrar of the Tribunal. cial or legislative action. 3. The archives of the Office of the Special Tribunal in Article 13 Lebanon, and in general all documents and materials made Defence counsel available, belonging to or used by it, wherever located and by whomsoever held, shall be inviolable. 1. The Government shall ensure that the counsel of a suspect or an accused who has been admitted as such by the Article 10 Special Tribunal shall not be subjected, while in Lebanon, to any measure that may affect the free and independent Funds, assets and other property exercise of his or her functions. The Office of the Special Tribunal, its funds, assets and 2. In particular, the counsel shall be accorded: other property in Lebanon, wherever located and by whom- (a) Immunity from personal arrest or detention and soever held, shall enjoy immunity from every form of legal from seizure of personal baggage; process, except insofar as in any particular case the Tribu- (b) Inviolability of all documents relating to the exercise nal has expressly waived its immunity. It is understood, of his or her functions as a counsel of a suspect or accused; however, that no waiver of immunity shall extend to any (c) Immunity from criminal or civil jurisdiction in re- measure of execution. spect of words spoken or written and acts performed in his or her capacity as counsel. Such immunity shall continue Article 11 to be accorded after termination of his or her functions as Privileges and immunities of the judges, a counsel of a suspect or accused; the Prosecutor, the Deputy Prosecutor, the Registrar (d) Immunity from any immigration restrictions dur- and the Head of the Defence Office ing his or her stay as well as during his or her journey to the Tribunal and back. 1. The judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office, while Article 14 in Lebanon, shall enjoy the privileges and immunities, ex- emptions and facilities accorded to diplomatic agents in Security, safety and protection of persons accordance with the Vienna Convention on Diplomatic referred to in this Agreement Relations of 1961. The Government shall take effective and adequate meas- 2. Privileges and immunities are accorded to the judges, ures to ensure the appropriate security, safety and protec- the Prosecutor, the Deputy Prosecutor, the Registrar and the tion of personnel of the Office of the Special Tribunal and 510 Political and security questions other persons referred to in this Agreement, while in Leba- writing that the legal requirements for entry into force have non. It shall take all appropriate steps, within its capabili- been complied with. ties, to protect the equipment and premises of the Office of 2. The Special Tribunal shall commence functioning the Special Tribunal from attack or any action that prevents on a date to be determined by the Secretary-General in the Tribunal from discharging its mandate. consultation with the Government, taking into account the progress of the work of the International Independent Article 15 Investigation Commission. Cooperation with the Special Tribunal 1. The Government shall cooperate with all organs of the Article 20 Special Tribunal, in particular with the Prosecutor and de- Amendment fence counsel, at all stages of the proceedings. It shall facilitate This Agreement may be amended by written agreement access of the Prosecutor and defence counsel to sites, persons between the Parties. and relevant documents required for the investigation. 2. The Government shall comply without undue delay Article 21 with any request for assistance by the Special Tribunal or an order issued by the Chambers, including, but not limited to: Duration of the Agreement (a) Identification and location of persons; 1. This Agreement shall remain in force for a period (b) Service of documents; of three years from the date of the commencement of the (c) Arrest or detention of persons; functioning of the Special Tribunal. (d) Transfer of an indictee to the Tribunal. 2. Three years after the commencement of the func- tioning of the Special Tribunal the Parties shall, in con- Article 16 sultation with the Security Council, review the progress of the work of the Special Tribunal. If at the end of this Amnesty period of three years the activities of the Tribunal have The Government undertakes not to grant amnesty to not been completed, the Agreement shall be extended to any person for any crime falling within the jurisdiction of allow the Tribunal to complete its work, for a further the Special Tribunal. An amnesty already granted in re- period(s) to be determined by the Secretary-General spect of any such persons and crimes shall not be a bar to in consultation with the Government and the Security prosecution. Council. 3. The provisions relating to the inviolability of the Article 17 funds, assets, archives and documents of the Office of Practical arrangements the Special Tribunal in Lebanon, the privileges and im- With a view to achieving efficiency and cost-effectiveness munities of those referred to in this Agreement, as well as in the operation of the Special Tribunal: provisions relating to defence counsel and the protection (a) Appropriate arrangements shall be made to ensure of victims and witnesses, shall survive termination of this that there is a coordinated transition from the activities of the Agreement. International Independent Investigation Commission, estab- In witness whereof, the following duly authorized rep- lished by the Security Council in its resolution 1595(2005), to resentatives of the United Nations and of the Lebanese the activities of the Office of the Prosecutor; Republic have signed this Agreement. (b) Judges of the Trial Chamber and the Appeals Done at on 2006, in three originals in the Chamber shall take office on a date to be determined by the Arabic, French and English languages, all texts being Secretary-General in consultation with the President of the equally authentic. Special Tribunal. Pending such a determination, judges of both Chambers shall be convened on an ad hoc basis to deal For the United Nations: For the Lebanese Republic: with organizational matters and serving, when required, to perform their duties.

Article 18 Attachment Statute of the Special Tribunal for Lebanon Settlement of disputes Having been established by an Agreement between the Any dispute between the Parties concerning the inter- pretation or application of this Agreement shall be settled United Nations and the Lebanese Republic (hereinafter by negotiation or by any other mutually agreed upon mode “the Agreement”) pursuant to Security Council resolution of settlement. 1664(2006) of 29 March 2006, which responded to the request of the Government of Lebanon to establish a tri- Article 19 bunal of an international character to try all those who are found responsible for the terrorist crime which killed the Entry into force and commencement of the former Lebanese Prime Minister Rafiq Hariri and others, functioning of the Special Tribunal the Special Tribunal for Lebanon (hereinafter “the Special 1. This Agreement shall enter into force on the day Tribunal”) shall function in accordance with the provisions after the Government has notified the United Nations in of this Statute. Middle East 511

Se c t i o n I (b) The crimes concerned activities that were within the Jurisdiction and applicable law effective responsibility and control of the superior; and (c) The superior failed to take all necessary and reason- Article 1 able measures within his or her power to prevent or repress their commission or to submit the matter to the competent Jurisdiction of the Special Tribunal authorities for investigation and prosecution. The Special Tribunal shall have jurisdiction over persons 3. The fact that the person acted pursuant to an order responsible for the attack of 14 February 2005 resulting in of a superior shall not relieve him or her of criminal respon- the death of former Lebanese Prime Minister Rafiq Hariri sibility, but may be considered in mitigation of punishment and in the death or injury of other persons. If the Tribunal if the Special Tribunal determines that justice so requires. finds that other attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005, or any later date Article 4 decided by the Parties and with the consent of the Security Concurrent jurisdiction Council, are connected in accordance with the principles of criminal justice and are of a nature and gravity similar to 1. The Special Tribunal and the national courts of the attack of 14 February 2005, it shall also have jurisdiction Lebanon shall have concurrent jurisdiction. Within its over persons responsible for such attacks. This connection jurisdiction, the Tribunal shall have primacy over the na- includes but is not limited to a combination of the following tional courts of Lebanon. elements: criminal intent (motive), the purpose behind the 2. Upon the assumption of office of the Prosecutor, attacks, the nature of the victims targeted, the pattern of the as determined by the Secretary-General, and no later than attacks (modus operandi) and the perpetrators. two months thereafter, the Special Tribunal shall request the national judicial authority seized with the case of the Article 2 attack against Prime Minister Rafiq Hariri and others to defer to its competence. The Lebanese judicial authority Applicable criminal law shall refer to the Tribunal the results of the investigation The following shall be applicable to the prosecution and and a copy of the court’s records, if any. Persons detained punishment of the crimes referred to in article 1, subject to in connection with the investigation shall be transferred to the provisions of this Statute: the custody of the Tribunal. (a) The provisions of the Lebanese Criminal Code re- 3. (a) At the request of the Special Tribunal, the na- lating to the prosecution and punishment of acts of terror- tional judicial authority seized with any of the other crimes ism, crimes and offences against life and personal integrity, committed between 1 October 2004 and 12 December illicit associations and failure to report crimes and offences, 2005, or a later date decided pursuant to article 1, shall refer including the rules regarding the material elements of a to the Tribunal the results of the investigation and a copy of crime, criminal participation and conspiracy; and the court’s records, if any, for review by the Prosecutor; (b) Articles 6 and 7 of the Lebanese law of 11 January (b) At the further request of the Tribunal, the national 1958 on “Increasing the penalties for sedition, civil war and authority in question shall defer to the competence of the interfaith struggle”. Tribunal. It shall refer to the Tribunal the results of the investigation and a copy of the court’s records, if any, and Article 3 persons detained in connection with any such case shall be Individual criminal responsibility transferred to the custody of the Tribunal; (c) The national judicial authorities shall regularly inform 1. A person shall be individually responsible for crimes the Tribunal of the progress of their investigation. At any stage within the jurisdiction of the Special Tribunal if that person: of the proceedings, the Tribunal may formally request a (a) Committed, participated as accomplice, organized national judicial authority to defer to its competence. or directed others to commit the crime set forth in article 2 of this Statute; or Article 5 (b) Contributed in any other way to the commission of the crime set forth in article 2 of this Statute by a group Non bis in idem of persons acting with a common purpose, where such con- 1. No person shall be tried before a national court of tribution is intentional and is either made with the aim of Lebanon for acts for which he or she has already been tried furthering the general criminal activity or purpose of the by the Special Tribunal. group or in the knowledge of the intention of the group to 2. A person who has been tried by a national court may commit the crime. be subsequently tried by the Special Tribunal if the national 2. With respect to superior and subordinate relation- court proceedings were not impartial or independent, were ships, a superior shall be criminally responsible for any of designed to shield the accused from criminal responsibility the crimes set forth in article 2 of this Statute committed for crimes within the jurisdiction of the Tribunal or the by subordinates under his or her effective authority and case was not diligently prosecuted. control, as a result of his or her failure to exercise control 3. In considering the penalty to be imposed on a per- properly over such subordinates, where: son convicted of a crime under this Statute, the Special (a) The superior either knew, or consciously disre- Tribunal shall take into account the extent to which any garded information that clearly indicated that the subordi- penalty imposed by a national court on the same person for nates were committing or about to commit such crimes; the same act has already been served. 512 Political and security questions

Article 6 Article 10 Amnesty Powers of the President of the Special Tribunal An amnesty granted to any person for any crime falling 1. The President of the Special Tribunal, in addition within the jurisdiction of the Special Tribunal shall not to his or her judicial functions, shall represent the Tribunal be a bar to prosecution. and be responsible for its effective functioning and the good administration of justice. Se c t i o n II 2. The President of the Special Tribunal shall submit an Organization of the Special Tribunal annual report on the operation and activities of the Tribunal to the Secretary-General and to the Government of Lebanon.

Article 7 Article 11 Organs of the Special Tribunal The Prosecutor The Special Tribunal shall consist of the following organs: 1. The Prosecutor shall be responsible for the investiga- (a) The Chambers, comprising a Pretrial Judge, a Trial tion and prosecution of persons responsible for the crimes Chamber and an Appeals Chamber; falling within the jurisdiction of the Special Tribunal. In (b) The Prosecutor; the interest of proper administration of justice, he or she (c) The Registry; and may decide to charge jointly persons accused of the same (d) The Defence Office. or different crimes committed in the course of the same transaction. Article 8 2. The Prosecutor shall act independently as a sepa- rate organ of the Special Tribunal. He or she shall not seek Composition of the Chambers or receive instructions from any Government or from any 1. The Chambers shall be composed as follows: other source. (a) One international Pretrial Judge; 3. The Prosecutor shall be appointed, as set forth in (b) Three judges who shall serve in the Trial Chamber, article 3 of the Agreement, by the Secretary-General for a of whom one shall be a Lebanese judge and two shall be three-year term and may be eligible for reappointment for international judges; a further period to be determined by the Secretary-General (c) Five judges who shall serve in the Appeals Cham- in consultation with the Government. He or she shall be of ber, of whom two shall be Lebanese judges and three shall high moral character and possess the highest level of profes- be international judges; sional competence, and have extensive experience in the con- (d) Two alternate judges, one of whom shall be a Leba- duct of investigations and prosecutions of criminal cases. nese judge and one shall be an international judge. 4. The Prosecutor shall be assisted by a Lebanese Deputy Prosecutor and by such other Lebanese and inter- 2. The judges of the Appeals Chamber and the judges national staff as may be required to perform the functions of the Trial Chamber, respectively, shall elect a presiding assigned to him or her effectively and efficiently. judge who shall conduct the proceedings in the Cham- ber to which he or she was elected. The presiding judge of 5. The Office of the Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence the Appeals Chamber shall be the President of the Special and to conduct on-site investigations. In carrying out these Tribunal. tasks, the Prosecutor shall, as appropriate, be assisted by the 3. At the request of the presiding judge of the Trial Lebanese authorities concerned. Chamber, the President of the Special Tribunal may, in the interest of justice, assign the alternate judges to be present Article 12 at each stage of the trial and to replace a judge if that judge is unable to continue sitting. The Registry 1. Under the authority of the President of the Special Article 9 Tribunal, the Registry shall be responsible for the adminis- Qualification and appointment of judges tration and servicing of the Tribunal. 2. The Registry shall consist of a Registrar and such 1. The judges shall be persons of high moral character, other staff as may be required. impartiality and integrity, with extensive judicial experi- 3. The Registrar shall be appointed by the Secretary- ence. They shall be independent in the performance of their General and shall be a staff member of the United Nations. functions and shall not accept or seek instructions from any He or she shall serve for a three-year term and may be eligi- Government or any other source. ble for reappointment for a further period to be determined 2. In the overall composition of the Chambers, due ac- by the Secretary-General in consultation with the Govern- count shall be taken of the established competence of the ment. judges in criminal law and procedure and international law. 4. The Registrar shall set up a Victims and Witnesses 3. The judges shall be appointed by the Secretary- Unit within the Registry. This Unit shall provide, in consul- General, as set forth in article 2 of the Agreement, for a tation with the Office of the Prosecutor, measures to protect three-year period and may be eligible for reappointment for the safety, physical and psychological well-being, dignity a further period to be determined by the Secretary-General and privacy of victims and witnesses, and such other appro- in consultation with the Government. priate assistance for witnesses who appear before the Special Middle East 513

Tribunal and others who are at risk on account of testimony 2. The accused shall be entitled to a fair and public given by such witnesses. hearing, subject to measures ordered by the Special Tri- bunal for the protection of victims and witnesses. Article 13 3. (a) The accused shall be presumed innocent The Defence Office until proved guilty according to the provisions of this Statute; 1. The Secretary-General, in consultation with the (b) The onus is on the Prosecutor to prove the guilt of President of the Special Tribunal, shall appoint an inde- the accused; pendent Head of the Defence Office, who shall be responsi- ble for the appointment of the Office staff and the drawing (c) In order to convict the accused, the relevant Cham- up of a list of defence counsel. ber must be convinced of the guilt of the accused beyond reasonable doubt. 2. The Defence Office, which may also include one or more public defenders, shall protect the rights of the 4. In the determination of any charge against the defence, provide support and assistance to defence counsel accused pursuant to this Statute, he or she shall be en- and to the persons entitled to legal assistance, including, titled to the following minimum guarantees, in full where appropriate, legal research, collection of evidence equality: and advice, and appearing before the Pretrial Judge or a (a) To be informed promptly and in detail in a lan- Chamber in respect of specific issues. guage which he or she understands of the nature and cause of the charge against him or her; Article 14 (b) To have adequate time and facilities for the prepa- ration of his or her defence and to communicate without Official and working languages hindrance with counsel of his or her own choosing; The official languages of the Special Tribunal shall be (c) To be tried without undue delay; Arabic, French and English. In any given case proceedings, (d) Subject to the provisions of article 22, to be tried the Pretrial Judge or a Chamber may decide that one or in his or her presence, and to defend himself or herself two of the languages may be used as working languages in person or through legal assistance of his or her own as appropriate. choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance as- Se c t i o n III signed to him or her, in any case where the interests of Rights of defendants and victims justice so require and without payment by him or her in any such case if he or she does not have sufficient means Article 15 to pay for it; Rights of suspects during investigation (e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and ex- A suspect who is to be questioned by the Prosecutor shall amination of witnesses on his or her behalf under the same not be compelled to incriminate himself or herself or to con- conditions as witnesses against him or her; fess guilt. He or she shall have the following rights of which (f) To examine all evidence to be used against him or he or she shall be informed by the Prosecutor prior to ques- her during the trial in accordance with the Rules of Proce- tioning, in a language he or she speaks and understands: dure and Evidence of the Special Tribunal; (a) The right to be informed that there are grounds to (g) To have the free assistance of an interpreter if he or believe that he or she has committed a crime within the she cannot understand or speak the language used in the jurisdiction of the Special Tribunal; Special Tribunal; (b) The right to remain silent, without such silence be- (h) Not to be compelled to testify against himself or ing considered in the determination of guilt or innocence, herself or to confess guilt. and to be cautioned that any statement he or she makes 5. The accused may make statements in court at any shall be recorded and may be used in evidence; stage of the proceedings, provided such statements are rel- (c) The right to have legal assistance of his or her own evant to the case at issue. The Chambers shall decide on the choosing, including the right to have legal assistance pro- probative value, if any, of such statements. vided by the Defence Office where the interests of justice so require and where the suspect does not have sufficient Article 17 means to pay for it; Rights of victims (d) The right to have the free assistance of an inter- preter if he or she cannot understand or speak the language Where the personal interests of the victims are af- used for questioning; fected, the Special Tribunal shall permit their views and (e) The right to be questioned in the presence of coun- concerns to be presented and considered at stages of the sel unless the person has voluntarily waived his or her right proceedings determined to be appropriate by the Pretrial to counsel. Judge or the Chamber and in a manner that is not preju- dicial to or inconsistent with the rights of the accused Article 16 and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the vic- Rights of the accused tims where the Pretrial Judge or the Chamber considers 1. All accused shall be equal before the Special Tribunal. it appropriate. 514 Political and security questions

Se c t i o n IV 3. A Chamber may receive the evidence of a witness Conduct of proceedings orally or, where the interests of justice allow, in written form. Article 18 4. In cases not otherwise provided for in the Rules of Procedure and Evidence, a Chamber shall apply rules of Pretrial proceedings evidence that will best favour a fair determination of the 1. The Pretrial Judge shall review the indictment. If matter before it and are consonant with the spirit of the satisfied that a prima facie case has been established by the Statute and the general principles of law. Prosecutor, he or she shall confirm the indictment. If he or she is not so satisfied, the indictment shall be dismissed. Article 22 2. The Pretrial Judge may, at the request of the Prose- Trials in absentia cutor, issue such orders and warrants for the arrest or trans- fer of persons, and any other orders as may be required for 1. The Special Tribunal shall conduct trial proceedings the conduct of the investigation and for the preparation of in the absence of the accused, if he or she: a fair and expeditious trial. (a) Has expressly and in writing waived his or her right to be present; Article 19 (b) Has not been handed over to the Tribunal by the Evidence collected prior to the establishment State authorities concerned; of the Special Tribunal (c) Has absconded or otherwise cannot be found and all reasonable steps have been taken to secure his or her Evidence collected with regard to cases subject to the appearance before the Tribunal and to inform him or her consideration of the Special Tribunal, prior to the estab- of the charges confirmed by the Pretrial Judge. lishment of the Tribunal, by the national authorities of Lebanon or by the International Independent Investiga- 2. When hearings are conducted in the absence of the tion Commission in accordance with its mandate as set accused, the Special Tribunal shall ensure that: out in Security Council resolution 1595(2005) and sub- (a) The accused has been notified, or served with the sequent resolutions, shall be received by the Tribunal. Its indictment, or notice has otherwise been given of the in- admissibility shall be decided by the Chambers pursuant dictment through publication in the media or communica- to international standards on collection of evidence. The tion to the State of residence or nationality; weight to be given to any such evidence shall be determined (b) The accused has designated a defence counsel of by the Chambers. his or her own choosing, to be remunerated either by the accused or, if the accused is proved to be indigent, by the Article 20 Tribunal; Commencement and conduct of trial proceedings (c) Whenever the accused refuses or fails to appoint a defence counsel, such counsel has been assigned by the 1. The Trial Chamber shall read the indictment to the Defence Office of the Tribunal with a view to ensuring accused, satisfy itself that the rights of the accused are re- full representation of the interests and rights of the ac- spected, confirm that the accused understands the indict- cused. ment and instruct the accused to enter a plea. 3. In case of conviction in absentia, the accused, if he 2. Unless otherwise decided by the Trial Chamber or she had not designated a defence counsel of his or her in the interests of justice, examination of witnesses shall choosing, shall have the right to be retried in his or her pres- commence with questions posed by the presiding judge, ence before the Special Tribunal, unless he or she accepts followed by questions posed by other members of the Trial the judgement. Chamber, the Prosecutor and the Defence. 3. Upon request or proprio motu, the Trial Chamber Article 23 may at any stage of the trial decide to call additional wit- nesses and/or order the production of additional evidence. Judgement 4. The hearings shall be public unless the Trial Cham- The judgement shall be rendered by a majority of the ber decides to hold the proceedings in camera in accord- judges of the Trial Chamber or of the Appeals Chamber ance with the Rules of Procedure and Evidence. and shall be delivered in public. It shall be accompanied by a reasoned opinion in writing, to which any separate or Article 21 dissenting opinions shall be appended. Powers of the Chambers Article 24 1. The Special Tribunal shall confine the trial, appel- late and review proceedings strictly to an expeditious hear- Penalties ing of the issues raised by the charges, or the grounds for 1. The Trial Chamber shall impose upon a convicted appeal or review, respectively. It shall take strict measures to person imprisonment for life or for a specified number of prevent any action that may cause unreasonable delay. years. In determining the terms of imprisonment for the 2. A Chamber may admit any relevant evidence that it crimes provided for in this Statute, the Trial Chamber shall, deems to have probative value and exclude such evidence if as appropriate, have recourse to international practice re- its probative value is substantially outweighed by the need garding prison sentences and to the practice of the national to ensure a fair trial. courts of Lebanon. Middle East 515

2. In imposing sentence, the Trial Chamber should and other appropriate matters and may amend them, as take into account such factors as the gravity of the offence appropriate. and the individual circumstances of the convicted person. 2. In so doing, the judges shall be guided, as appropri- ate, by the Lebanese Code of Criminal Procedure, as well as Article 25 by other reference materials reflecting the highest standards Compensation to victims of international criminal procedure, with a view to ensur- ing a fair and expeditious trial. 1. The Special Tribunal may identify victims who have suffered harm as a result of the commission of crimes by an accused convicted by the Tribunal. Article 29 2. The Registrar shall transmit to the competent au- Enforcement of sentences thorities of the State concerned the judgement finding 1. Imprisonment shall be served in a State designated the accused guilty of a crime that has caused harm to a by the President of the Special Tribunal from a list of States victim. that have indicated their willingness to accept persons con- 3. Based on the decision of the Special Tribunal and victed by the Tribunal. pursuant to the relevant national legislation, a victim or 2. Conditions of imprisonment shall be governed by persons claiming through the victim, whether or not such the law of the State of enforcement subject to the supervi- victim had been identified as such by the Tribunal un- sion of the Special Tribunal. The State of enforcement shall der paragraph 1 of this article, may bring an action in a be bound by the duration of the sentence, subject to article national court or other competent body to obtain com- 30 of this Statute. pensation. 4. For the purposes of a claim made under paragraph 3 Article 30 of this article, the judgement of the Special Tribunal shall be final and binding as to the criminal responsibility of the Pardon or commutation of sentences convicted person. If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for Article 26 pardon or commutation of sentence, the State concerned Appellate proceedings shall notify the Special Tribunal accordingly. There shall 1. The Appeals Chamber shall hear appeals from per- only be pardon or commutation of sentence if the President sons convicted by the Trial Chamber or from the Prosecu- of the Tribunal, in consultation with the judges, so decides tor on the following grounds: on the basis of the interests of justice and the general prin- ciples of law. (a) An error on a question of law invalidating the deci- sion; (b) An error of fact that has occasioned a miscarriage Follow-up to resolution 1757(2007) of justice. 2. The Appeals Chamber may affirm, reverse or revise Pursuant to Security Council resolution 1757(2007) the decisions taken by the Trial Chamber. (above), the Secretary-General submitted a September report [S/2007/525] on the resolution’s implementation. Article 27 By resolution 1757(2007), the Council had decided, Review proceedings acting under Chapter VII of the Charter of the United 1. Where a new fact has been discovered that was Nations, that the provisions of the document annexed not known at the time of the proceedings before the Trial thereto (the “Annex”) on the establishment of the Spe- Chamber or the Appeals Chamber and that could have cial Tribunal, including the Statute attached thereto been a decisive factor in reaching the decision, the con- (the “Statute”), would enter into force on 10 June, victed person or the Prosecutor may submit an application unless the Lebanese Government notified the United for review of the judgement. Nations that the legal requirements for entry into force 2. An application for review shall be submitted to the had been complied with before that date. On 10 June, Appeals Chamber. The Appeals Chamber may reject the ap- plication if it considers it to be unfounded. If it determines as no notification had been received prior to that date, that the application is meritorious, it may, as appropriate: the provisions of the Annex and the Statute entered (a) Reconvene the Trial Chamber; into force. Thereafter, the Secretary-General com- (b) Retain jurisdiction over the matter. menced to undertake the steps and measures neces- sary to establish the Tribunal. In particular, he focused Article 28 on the location of the seat of the Special Tribunal; the Rules of Procedure and Evidence appointment of the judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the head of the Defence 1. The judges of the Special Tribunal shall, as soon as practicable after taking office, adopt Rules of Procedure Office; the staffing requirements and budget; the fund- and Evidence for the conduct of the pretrial, trial and ap- ing of the Tribunal, including both its establishment pellate proceedings, the admission of evidence, the partici- and operation; the Management Committee; security pation of victims, the protection of victims and witnesses issues; and communications and outreach. 516 Political and security questions

After considering possible seats and noting that for appointing the Office staff, drawing up a list of having the Special Tribunal located in the Nether- defence counsel and providing support and assistance lands would fully meet the criteria set forth in the to defence counsel and persons entitled to legal assist- Annex, on 23 July, the Secretary-General wrote to the ance, would be appointed by the Secretary-General Prime Minister of the Netherlands inviting his Gov- in consultation with the President of the Special Tri- ernment to consider hosting the Special Tribunal. In bunal. a letter dated 14 August, the Prime Minister of the It was estimated that the Special Tribunal would Netherlands informed the Secretary-General that his require a staffing level of between 415 and 430 posts Government was favourably disposed towards host- and a budget of $35 million for the first 12 months of ing the Special Tribunal. From 27 to 30 August, the its operations, $45 million for the second 12 months UN Legal Counsel led a delegation to The Hague and $40 million for the third 12 months. Fifty-one to begin discussions with the Netherlands authorities per cent of the expenses would be borne by voluntary regarding the modalities for the establishment of the contributions from States, while forty-nine per cent Tribunal. The delegation visited possible sites, identi- would be borne by the Lebanese Government. fied issues for discussion and agreed on further steps On 9 July, the United Nations and the Lebanese to achieve progress. Government agreed to establish a Management Com- On 10 July, in accordance with the relevant provi- mittee, which, among other things, would provide ad- sions of resolution 1757(2007), the Lebanese Govern- vice and policy direction on all non-judicial aspects ment forwarded to the Secretary-General, in a sealed of the operation of the Special Tribunal, including envelope, a list of the 12 judges proposed by the questions of efficiency, and perform other functions as Lebanese Supreme Council of the Judiciary. The list agreed by the members of the Committee. They also would remain sealed until the beginning of the selec- agreed that the United Nations would be entrusted tion process. With a view to appointing Lebanese and with establishing the Management Committee, in- international judges at the same time, the UN Legal cluding drafting the terms of reference in consultation Counsel sent, on behalf of the Secretary-General, a with the Lebanese Government. Overall security ar- 1 August letter to all Member States, inviting them rangements would be made in consultation with the to consider submitting candidates for appointment authorities of the Netherlands and of the Government as judges of the Special Tribunal no later than 24 of Lebanon. September. In the meantime, the Secretary-General began the process of establishing the selection panel, In a later report [S/2008/173], the Secretary-General which would take up its task by October. The selec- said that on 14 December (see p. 517), he informed tion panel would interview the candidates during the the Council President of the agreement between the third quarter of 2007. The judges would commence United Nations and the Lebanese Government that their judicial functions on a date to be determined the United Nations should pursue a bilateral head- by the Secretary-General, in consultation with the quarters agreement with the Government of the Neth- President of the Special Tribunal. The Prosecutor would erlands, adding that negotiations between the United be appointed by the Secretary-General upon the recom- Nations and the Netherlands authorities had been suc- mendation of a selection panel (established in the cessfully concluded. The agreement provided, among same manner as that for the international judges), other things, that the host State had no obligation to in consultation with the Government of Lebanon. allow persons convicted by the Special Tribunal to A Lebanese Deputy Prosecutor would be appointed serve their sentence of imprisonment in a prison on by the Lebanese Government, in consultation with its territory. It also stipulated that the Registrar should the Secretary-General and the Prosecutor, to assist take all necessary measures to arrange the immediate the Prosecutor in the conduct of investigations and relocation to third States of witnesses who, for secu- prosecutions. The Secretariat began discussions with rity reasons, could not return to their home countries uniiic to coordinate the transition of investigative after testifying before the Tribunal. On 21 December, activities from the Commission to the Office of the representatives of the United Nations and the Nether- Prosecutor. lands signed the agreement concerning the headquar- The Secretary-General would start the process of ters of the Tribunal. The agreement was subsequently identifying suitable candidates for the Registrar. He submitted by the Government of the Netherlands to or she would take office at an appropriate time in -or Parliament for approval. der to develop the administrative and judicial infra- In mid-October (see p. 517), the Secretary-General structure of the Special Tribunal, so as to enable it to established a selection panel for the appointment of be operational on the date of the commencement of judges. On 4 December, the panel, having inter- its functioning. The Registrar would also assist with viewed the short-listed candidates, made its recom- the transition from uniiic to the Special Tribunal. An mendations to the Secretary-General, which he subse- independent head of the Defence Office, responsible quently accepted. Mindful of security considerations, Middle East 517 the Secretary-General would proceed with the formal between Israel and the Syrian Arab Republic in the appointments of the judges and announce their names Golan Heights and ensure the separation of forces. at an appropriate future time. On 12 November (see The undof mandate was extended twice during the below), the Secretary-General appointed Daniel Belle- year. mare (Canada) as the Prosecutor of the Special Tribu- Communications. On 31 May [A/61/935- nal. States submitted 14 nominations for appointment S/2007/325], Syria wrote to the Secretary-General con- as Registrar of the Special Tribunal. cerning the health situation of Saytan Nimr al-Wali, Letters of Secretary-General. Pursuant to Coun- a Syrian detained in the Nafha Israeli prison, and on cil resolution 1757(2007), the Secretary-General, on 3 July [A/61/963-S/2007/406], Syria addressed a letter to 10 October [S/2007/609], informed the Council Presi- the Secretary-General concerning the health situation dent of his intention to appoint Judges Mohammed of another Syrian citizen, Bishr al-Maqat, who was Amin El Mahdi (Egypt) and Erik Mose (Norway) detained in the Al-Jalboua Israeli prison. Syria stated, as the two judges on the selection panel, as well as among other things, that Israel impeded the work of Nicholas Michel, Under-Secretary-General for Legal representatives of the Red Cross when they visited the Affairs, as his representative. The Secretary-General Syrian prisoners. was to appoint the judges and the Prosecutor of the On 25 July [A/61/1014-S/2007/463], Israel stated that Special Tribunal upon the recommendation of the se- Syria’s accusations were baseless. lection panel. On 16 October [S/2007/610], the Council took note of the Secretary-General’s intention. On 27 August [A/61/1032-S/207/511], Syria replied that Israel’s claims concerning the state of health of Mr. On 12 November (see p. 502), the Secretary-General, al-Maqat were false and without any basis in fact. on the selection panel’s recommendation, appointed Mr. Bellemare as the Prosecutor of the Special Tribu- On 9 September [A/61/1041-S/2007/537], Syria said nal. Mr. Bellemare was also appointed uniiic Com- that Israeli military aircraft flew over Syrian territory missioner as of 31 December. on 6 September in violation of international law. On 23 October [A/62/505-S/2007/630], Syria said that On 14 December [S/2007/737], the Secretary-General informed the Security Council that on 12 November the Israel continued to occupy Arab territory, including United Nations and the Lebanese Government agreed the Syrian Golan, in defiance of international law. that, given the situation in Lebanon, it would be diffi- Committee on Israeli Practices. According to cult to pursue a tripartite agreement between the United its annual report [A/62/360], the Committee on Israeli Nations, the Lebanese Government and the Tribunal’s Practices visited Syria from 1 to 4 August. Syria re- hosting State (the Netherlands), to be signed and ratified ported to the Committee that the number of settlers by the Lebanese authorities under article 8 of Coun- increased and Israeli settlements expanded, with 45 cil resolution 1757(2007), in a period necessary for the settlements in the Syrian Golan. The Israeli Land De- Special Tribunal to be established in a timely manner. partment put up 2,500 dunums of land in the Golan The Lebanese Government expressed its approval that for sale to settlers. Syrian citizens of the occupied Go- the seat of the Tribunal be located in the Netherlands lan were denied their right to access to water resources. and requested the United Nations to continue to un- Arab citizens had been damaged by those measures, dertake all the necessary steps and measures to facilitate which dried up the springs supplying Arab villages the process and finalize a bilateral agreement. Accord- with water, thus affecting crops and the livelihood of ingly, the Secretary-General noted that the headquarters the inhabitants. Israeli landmines posed a constant agreement had not been concluded as envisioned under threat, since they were laid in areas close to villages, article 8 of the annex to the resolution, but that instead fields and pastureland belonging to the local people. negotiations had been completed and the headquarters Syrian workers in the occupied Golan had to contend agreement had been initialled by representatives of the with unemployment and job insecurity. The five oc- United Nations and the Netherlands. cupied Arab villages in the Golan continued to suffer from a chronic shortage of health centres and clinics. Reports of Secretary-General. In a September Syrian Arab Republic report [A/62/327], the Secretary-General submitted re- In 2007, the General Assembly again called for Is- plies from three Member States, in response to his June rael’s withdrawal from the Golan Heights in the Syrian request for information on steps taken or envisaged Arab Republic, which it had occupied since 1967. The to implement Assembly resolution 61/27 [YUN 2006, area was effectively annexed by Israel when it extended p. 604], which dealt with Israeli policies in the Syrian its laws, jurisdiction and administration to the terri- territory since 1967. tory towards the end of 1981 [YUN 1981, p. 309]. Also in September [A/62/331], the Secretary-General The United Nations Disengagement Observer reported that no reply had been received from Israel Force (undof) continued to supervise the ceasefire to his May request for information on steps taken or 518 Political and security questions envisaged to implement Assembly resolution 61/120 a stumbling block in the way of achieving a just, compre- hensive and lasting peace in the region; [YUN 2006, p. 605], which called on Israel to desist from changing the physical character, demographic compo- 5. Calls upon Israel to resume the talks on the Syrian sition, institutional structure and legal status of the and Lebanese tracks and to respect the commitments and Syrian Golan, and from its repressive measures against undertakings reached during the previous talks; the population. 6. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line of 4 June 1967 in imple- mentation of the relevant Security Council resolutions; GENERAL ASSEMBLY ACTION 7. Calls upon all the parties concerned, the co-sponsors On 10 December [meeting 65], the General Assem- of the peace process and the entire international commu- bly adopted resolution 62/85 [draft: A/62/L.23 & Add.1] nity to exert all the necessary efforts to ensure the resump- by recorded vote (111-6-56) . tion of the peace process and its success by implementing [agenda item 17] Security Council resolutions 242(1967) and 338(1973); The Syrian Golan 8. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the imple- The General Assembly, mentation of the present resolution. Having considered the item entitled “The situation in the Middle East”, RECORDED VOTE ON RESOLUTION 62/85: Taking note of the report of the Secretary-General, In favour: Afghanistan, Algeria, Antigua and Barbuda, Ar- Recalling Security Council resolution 497(1981) of 17 gentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, December 1981, Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cape Reaffirming the fundamental principle of the inadmis- Verde, Central African Republic, Chile, China, Colombia, sibility of the acquisition of territory by force, in accord- Comoros, Congo, Costa Rica, Cuba, Democratic People’s ance with international law and the Charter of the United Republic of Korea, Djibouti, Dominican Republic, Ecuador, Nations, Egypt, El Salvador, Eritrea, Ethiopia, Gabon, Ghana, Gua- Reaffirming once more the applicability of the Geneva temala, Guinea, Guyana, Haiti, Honduras, India, Indone- Convention relative to the Protection of Civilian Persons sia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, in Time of War, of 12 August 1949, to the occupied Syrian Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Le- Golan, sotho, Liberia, Libyan Arab Jamahiriya, Malaysia, Maldives, Deeply concerned that Israel has not withdrawn from the Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Syrian Golan, which has been under occupation since 1967, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, contrary to the relevant Security Council and General Qatar, Russian Federation, Saint Lucia, Saint Vincent and the Assembly resolutions, Grenadines, Saudi Arabia, Senegal, Singapore, Somalia, South Stressing the illegality of the Israeli settlement construction Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab and other activities in the occupied Syrian Golan since 1967, Republic, Tajikistan, Thailand, Timor-Leste, Togo, Trinidad Noting with satisfaction the convening in Madrid on 30 and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, October 1991 of the Peace Conference on the Middle East, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, on the basis of Security Council resolutions 242(1967) of Viet Nam, Yemen, Zambia, Zimbabwe. 22 November 1967, 338(1973) of 22 October 1973 and Against: Canada, Israel, Marshall Islands, Micronesia, Palau, 425(1978) of 19 March 1978 and the formula of land for United States. peace, Abstaining: Albania, Andorra, Angola, Australia, Austria, Expressing grave concern over the halt in the peace pro- Belgium, Bulgaria, Cameroon, Côte d’Ivoire, Croatia, Cyprus, cess on the Syrian track, and expressing the hope that peace Czech Republic, Democratic Republic of the Congo, Denmark, talks will soon resume from the point they had reached, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Ice- land, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, 1. Declares that Israel has failed so far to comply with Luxembourg, Malawi, Malta, Moldova, Monaco, Montenegro, Security Council resolution 497(1981); Nauru, Netherlands, New Zealand, Norway, Poland, Portugal, 2. Also declares that the Israeli decision of 14 Decem- Republic of Korea, Romania, Samoa, San Marino, Serbia, Slo- ber 1981 to impose its laws, jurisdiction and administra- vakia, Slovenia, Solomon Islands, Spain, Sweden, Switzerland, tion on the occupied Syrian Golan is null and void and The former Yugoslav Republic of Macedonia, Tonga, Ukraine, has no validity whatsoever, as confirmed by the Security United Kingdom, Vanuatu. Council in its resolution 497(1981), and calls upon Israel to rescind it; On 17 December [meeting 75], the Assembly, under 3. Reaffirms its determination that all relevant provi- the agenda item on the report of the Committee on sions of the Regulations annexed to the Hague Conven- Israeli Practices and on the Fourth Committee’s rec- tion of 1907, and the Geneva Convention relative to the ommendation [A/62/405], adopted resolution 62/110 Protection of Civilian Persons in Time of War, continue to by recorded vote (164-1-10) [agenda item 33]. 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 The occupied Syrian Golan circumstances; The General Assembly, 4. Determines once more that the continued occupation Having considered the report of the Special Committee of the Syrian Golan and its de facto annexation constitute to Investigate Israeli Practices Affecting the Human Rights Middle East 519 of the Palestinian People and Other Arabs of the Occupied 6. Calls once again upon Member States not to recog- Territories, nize any of the legislative or administrative measures and Deeply concerned that the Syrian Golan, occupied since actions referred to above; 1967, has been under continued Israeli military occupation, 7. Requests the Secretary-General to report to the Gen- Recalling Security Council resolution 497(1981) of 17 eral Assembly at its sixty-third session on the implementa- December 1981, tion of the present resolution. Recalling also its previous relevant resolutions, the most RECORDED VOTE ON RESOLUTION 62/110: recent of which was resolution 61/120 of 14 December In favour: Afghanistan, Albania, Algeria, Andorra, Antigua 2006, and Barbuda, Argentina, Armenia, Australia, Austria, Az- Having considered the report of the Secretary-General erbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, submitted in pursuance of resolution 61/120, Belgium, Belize, Benin, Bhutan, Bosnia and Herzegovina, Recalling its previous relevant resolutions in which, inter Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, alia, it called upon Israel to put an end to its occupation of Burundi, Cambodia, Canada, Cape Verde, Central African Re- the Arab territories, public, Chile, China, Colombia, Comoros, Congo, Costa Rica, Reaffirming once more the illegality of the decision of 14 Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s December 1981 taken by Israel to impose its laws, juris- Republic of Korea, Denmark, Djibouti, Dominica, Dominican diction and administration on the occupied Syrian Golan, Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethio- which has resulted in the effective annexation of that pia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, territory, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Reaffirming that the acquisition of territory by force is Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, inadmissible under international law, including the Charter Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao of the United Nations, People’s Democratic Republic, Latvia, Lebanon, Lesotho, Lib- yan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Reaffirming also the applicability of the Geneva Conven- Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, tion relative to the Protection of Civilian Persons in Time of Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, War, of 12 August 1949, to the occupied Syrian Golan, Mozambique, Myanmar, Nepal, Netherlands, New Zealand, Bearing in mind Security Council resolution 237(1967) Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, of 14 June 1967, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Por- Welcoming the convening at Madrid of the Peace Con- tugal, Qatar, Republic of Korea, Romania, Russian Federa- ference on the Middle East on the basis of Security Council tion, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the resolutions 242(1967) of 22 November 1967 and 338(1973) Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, of 22 October 1973 aimed at the realization of a just, com- Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South prehensive and lasting peace, and expressing grave concern Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzer- about the stalling of the peace process on all tracks, land, Syrian Arab Republic, Tajikistan, Thailand, The former 1. Calls upon Israel, the occupying Power, to comply Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad with the relevant resolutions on the occupied Syrian Go- and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, lan, in particular Security Council resolution 497(1981), in Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet which the Council, inter alia, decided that the Israeli deci- Nam, Yemen, Zambia, Zimbabwe. sion to impose its laws, jurisdiction and administration on Against: Israel. the occupied Syrian Golan was null and void and without international legal effect and demanded that Israel, the Abstaining: Cameroon, Côte d’Ivoire, Democratic Repub- occupying Power, rescind forthwith its decision; lic of the Congo, Marshall Islands, Micronesia, Nauru, Palau, Tonga, United States, Vanuatu. 2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and UNDOF in particular to desist from the establishment of settle- The mandate of the United Nations Disengage- ments; ment Observer Force (undof), established by Secu- 3. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the rity Council resolution 350(1974) [YUN 1974, p. 205] to occupying Power, that purport to alter the character and supervise the observance of the ceasefire between Israel legal status of the occupied Syrian Golan are null and void, and the Syrian Arab Republic in the Golan Heights constitute a flagrant violation of international law and of and ensure the separation of their forces, was renewed the Geneva Convention relative to the Protection of Civil- twice in 2007, in June and December, each time for a ian Persons in Time of War, of 12 August 1949, and have six-month period. no legal effect; Undof maintained an area of separation, which 4. Calls upon Israel to desist from imposing Israeli citi- was some 75 kilometres long and varied in width be- zenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and from its repressive meas- tween 12.5 kilometres in the centre to less than 200 ures against the population of the occupied Syrian Golan; metres in the extreme south. The area of separation 5. Deplores the violations by Israel of the Geneva Con- was inhabited and policed by the Syrian authorities, vention relative to the Protection of Civilian Persons in and no military forces other than undof were permit- Time of War, of 12 August 1949; ted within it. 520 Political and security questions

As at 1 November, undof comprised 1,043 troops 2. Welcomes the efforts being undertaken by the United from six member States. It was assisted by 75 untso Nations Disengagement Observer Force to implement the military observers. Secretary-General’s zero-tolerance policy on sexual ex- ploitation and abuse and to ensure full compliance of its On 16 January [S/2007/24], the Secretary-General personnel with the United Nations code of conduct, re- informed the Council President of his intention to ap- quests the Secretary-General to continue to take all neces- point Major General Wolfgang Jilke (Austria) as Force sary action in this regard and to keep the Security Council Commander, replacing Major General Bala Nanda informed, and urges troop-contributing countries to take Sharma (Nepal). On 19 January [S/2007/25], the Coun- preventive and disciplinary action to ensure that such acts cil took note of the Secretary-General’s intention. are properly investigated and punished in cases involving Reports of Secretary-General. The Secretary- their personnel; 3. Decides to renew the mandate of the Force for a General reported to the Security Council on undof period of six months, that is, until 31 December 2007; activities between 2 December 2006 and 6 June 2007 4. Requests the Secretary-General to submit, at the end [S/2007/331] and between 7 June and 31 December of this period, a report on developments in the situation and 2007 [S/2007/698]. Both reports noted that the undof the measures taken to implement resolution 338(1973). area of operations remained calm. Undof carried out inspections of equipment and force levels in the areas On 14 December [meeting 5802], the Council unan- of limitation. Liaison officers from the party concerned imously adopted resolution 1788(2007). The draft accompanied the inspection teams. As in the past, both [S/2007/729] was prepared in consultations among sides denied inspection teams access to some of their Council members. positions and imposed restrictions on the Force’s free- The Security Council, dom of movement. Both sides constructed new, and Having considered the report of the Secretary-General of renovated existing, defensive positions in the respec- 3 December 2007 on the United Nations Disengagement tive areas of limitation. Undof adjusted its monitor- Observer Force, and reaffirming its resolution 1308(2000) ing activities, adopting a more flexible monitoring and of 17 July 2000, patrolling posture, and increased its mobile and night 1. Calls upon the parties concerned to implement im- operational activities. The Force continued to assist mediately its resolution 338(1973) of 22 October 1973; the International Committee of the Red Cross with 2. Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the the passage of persons through the area of separation. Secretary‑General’s zero‑tolerance policy on sexual ex- Undof also carried out operational mine clearance. ploitation and abuse and to ensure full compliance of its The Secretary-General observed that the situation personnel with the United Nations code of conduct, re- in the Middle East was tense and was likely to remain quests the Secretary-General to continue to take all neces- so, unless and until a comprehensive settlement cover- sary action in this regard and to keep the Security Council ing all aspects of the problem could be reached. He informed, and urges troop‑contributing countries to take hoped that determined efforts would be made by all preventive and disciplinary action to ensure that such acts concerned to tackle the problem in all its aspects, with are properly investigated and punished in cases involving their personnel; a view to arriving at a just and durable peace settle- 3. Decides to renew the mandate of the Force for a ment, as called for by Council resolution 338(1973) period of six months, that is, until 30 June 2008; [YUN 1973, p. 213]. Stating that he considered the 4. Requests the Secretary-General to submit, at the Force’s continued presence in the area to be essential, end of this period, a report on developments in the situ- the Secretary-General, with the agreement of both Is- ation and the measures taken to implement resolution rael and Syria, recommended, in June, that the undof 338(1973). mandate be extended until 31 December 2007 and, in December, until 30 June 2008. After adopting each resolution, the President, fol- lowing consultations among Council members, made SECURITY COUNCIL ACTION identical statements S/PRST/2007/20 [meeting 5698] on 20 June and S/PRST/2007/48 [meeting 5802] on 14 On 20 June [meeting 5698], the Security Council December, on behalf of the Council: unanimously adopted resolution 1759(2007). The In connection with the resolution just adopted on the draft [S/2007/361] was prepared in consultations among renewal of the mandate of the United Nations Disen- Council members. gagement Observer Force, I have been authorized to The Security Council, make the following complementary statement on behalf Having considered the report of the Secretary-General of of the Security Council: 5 June 2007 on the United Nations Disengagement Ob- As is known, the report of the Secretary-General on server Force, and reaffirming its resolution 1308(2000) the United Nations Disengagement Observer Force of 17 July 2000, states in paragraph 11: “... the situation in the Middle 1. Calls upon the parties concerned to implement im- East is tense and is likely to remain so, unless and until mediately its resolution 338(1973) of 22 October 1973; a comprehensive settlement covering all aspects of the Middle East 521

Middle East problem can be reached”. That statement the amount of 20.8 million United States dollars, repre- of the Secretary‑General reflects the view of the Security senting some 1.3 per cent of the total assessed contribu- Council. tions, notes with concern that only thirty-five Member States have paid their assessed contributions in full, and Financing urges all other Member States, in particular those in ar- rears, to ensure the payment of their outstanding assessed The General Assembly had before it the perform- contributions; ance report on undof for the period from 1 July 2005 3. Expresses its appreciation to those Member States to 30 June 2006 [A/61/662], which showed expendi- which have paid their assessed contributions in full, and tures totalling $40,116,900 against an apportionment urges all other Member States to make every possible effort of $41,521,400. It also had before it the undof budget to ensure payment of their assessed contributions to the for the period from 1 July 2007 to 30 June 2008 Force in full; [A/61/671 & Corr.1], totalling $39,923,100, and acabq 4. Expresses concern at the financial situation with re- comments and recommendations thereon [A/61/852/ gard to peacekeeping activities, in particular as regards the Add.1]. reimbursements to troop contributors that bear additional burdens owing to overdue payments by Member States of GENERAL ASSEMBLY ACTION their assessments; 5. Also expresses concern at the delay experienced by the On 29 June [meeting 104], the General Assembly, Secretary-General in deploying and providing adequate re- on the recommendation of the Fifth Committee sources to some recent peacekeeping missions, in particular [A/61/976], adopted resolution 61/287 without vote those in Africa; [agenda item 144 (a)]. 6. Emphasizes that all future and existing peacekeep- ing missions shall be given equal and non-discriminatory Financing of the United Nations treatment in respect of financial and administrative Disengagement Observer Force arrangements; The General Assembly, 7. Also emphasizes that all peacekeeping missions shall Having considered the reports of the Secretary-General be provided with adequate resources for the effective and on the financing of the United Nations Disengagement efficient discharge of their respective mandates; Observer Force and the related report of the Advisory 8. Reiterates its request to the Secretary-General to Committee on Administrative and Budgetary Ques- make the fullest possible use of facilities and equipment tions, at the United Nations Logistics Base at Brindisi, Italy, Recalling Security Council resolution 350(1974) of in order to minimize the costs of procurement for the 31 May 1974 regarding the establishment of the United Na- Force; tions Disengagement Observer Force and the subsequent 9. Endorses the conclusions and recommendations resolutions by which the Council extended the mandate of contained in the report of the Advisory Committee on Ad- the Force, the latest of which was resolution 1729(2006) of ministrative and Budgetary Questions, subject to the provi- 15 December 2006, sions of the present resolution, and requests the Secretary- Recalling also its resolution 3211 B (XXIX) of 29 Novem- General to ensure their full implementation; ber 1974 on the financing of the United Nations Emergency 10. Decides to maintain a dedicated capacity in the Force and of the United Nations Disengagement Observer Force for the Geographic Information System mapping Force and its subsequent resolutions thereon, the latest of project, and requests the Secretary-General to report which was resolution 60/277 of 30 June 2006, thereon in the performance report for the period 2007/08; Reaffirming the general principles underlying the financ- 11. Requests the Secretary-General to ensure the full ing of United Nations peacekeeping operations, as stated in implementation of the relevant provisions of its resolutions General Assembly resolutions 1874(S-IV) of 27 June 1963, 59/296, 60/266 and 61/276; 3101(XXVIII) of 11 December 1973 and 55/235 of 23 De- 12. Also requests the Secretary-General to take all cember 2000, necessary action to ensure that the Force is administered Mindful of the fact that it is essential to provide the Force with a maximum of efficiency and economy; with the necessary financial resources to enable it to fulfil 13. Further requests the Secretary-General, in order its responsibilities under the relevant resolutions of the to reduce the cost of employing General Service staff, to Security Council, continue efforts to recruit local staff for the Force against 1. Requests the Secretary-General to entrust the Head General Service posts, commensurate with the requirements of Mission with the task of formulating future budget pro- of the Force; posals in full accordance with the provisions of General Assembly resolutions 59/296 of 22 June 2005, 60/266 of 30 June 2006 and 61/276 of 29 June 2007, as well as other Financial performance report for relevant resolutions; the period from 1 July 2005 to 30 June 2006 2. Takes note of the status of contributions to the 14. Takes note of the report of the Secretary-General on United Nations Disengagement Observer Force as at 31 the financial performance of the Force for the period from March 2007, including the contributions outstanding in 1 July 2005 to 30 June 2006; 522 Political and security questions

Budget estimates for the period of 23 December 2003, and taking into account the scale of from 1 July 2007 to 30 June 2008 assessments for 2006, as set out in its resolution 58/1 B of 15. Decides to appropriate to the Special Account for 23 December 2003; the United Nations Disengagement Observer Force the 19. Decides also that, for Member States that have not amount of 41,586,600 dollars for the period from 1 July fulfilled their financial obligations to the Force, there shall 2007 to 30 June 2008, inclusive of 39,662,500 dollars for be set off against their outstanding obligations their respec- the maintenance of the Force, 1,654,800 dollars for the tive share of the unencumbered balance and other income support account for peacekeeping operations and 269,300 in the amount of 5,600,500 dollars in respect of the finan- dollars for the United Nations Logistics Base; cial period ended 30 June 2006, in accordance with the scheme set out in paragraph 18 above; Financing of the appropriation 20. Decides further that the decrease of 16,200 dollars in the estimated staff assessment income in respect of the 16. Decides also to apportion among Member States financial period ended 30 June 2006 shall be set off against the amount of 41,586,600 dollars at a monthly rate of the credits from the amount of 5,600,500 dollars referred 3,465,550 dollars, in accordance with the levels updated in to in paragraphs 18 and 19 above; General Assembly resolution 61/243 of 22 December 2006, 21. Emphasizes that no peacekeeping mission shall be and taking into account the scale of assessments for 2007 financed by borrowing funds from other active peacekeep- and 2008, as set out in its resolution 61/237 of 22 Decem- ing missions; ber 2006, subject to a decision of the Security Council to 22. Encourages the Secretary-General to continue to extend the mandate of the Force; take additional measures to ensure the safety and security 17. Decides further that, in accordance with the provi- of all personnel under the auspices of the United Nations sions of its resolution 973(X) of 15 December 1955, there participating in the Force, bearing in mind paragraphs 5 shall be set off against the apportionment among Member and 6 of Security Council resolution 1502(2003) of 26 Au- States, as provided for in paragraph 16 above, their respec- gust 2003; tive share in the Tax Equalization Fund of 1,297,300 dol- 23. Invites voluntary contributions to the Force in cash lars, comprising the estimated staff assessment income of and in the form of services and supplies acceptable to the 1,110,600 dollars approved for the Force for the period Secretary-General, to be administered, as appropriate, in from 1 July 2007 to 30 June 2008, the prorated share of accordance with the procedure and practices established 168,400 dollars of the estimated staff assessment income by the General Assembly; approved for the support account and the prorated share 24. Decides to include in the provisional agenda of its of 18,300 dollars of the estimated staff assessment income sixty-second session, under the item entitled “Financing approved for the United Nations Logistics Base; of the United Nations peacekeeping forces in the Middle 18. Decides that, for Member States that have fulfilled East”, the sub-item entitled “United Nations Disengage- their financial obligations to the Force, there shall be set off ment Observer Force”. against their apportionment, as provided for in paragraph 16 above, their respective share of the unencumbered bal- By decision 62/546 of 22 December, the Assem- ance and other income in the amount of 5,600,500 dollars bly decided that the agenda item on the financing of in respect of the financial period ended 30 June 2006, in undof would remain for consideration at its resumed accordance with the levels updated in its resolution 58/256 sixty-second (2008) session.