A/RES/64/94
Recalling the advisory opinion rendered on 9 July 2004 by the International
Court of Justice, 7 and recalling also General Assembly resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
6F
Noting in particular the Court’s reply, including that the construction of the
wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory,
including in and around East Jerusalem, and its associated regime are contrary to
international law,
Aware of the responsibility of the international community to promote human
rights and ensure respect for international law, and recalling in this regard its
resolution 2625 (XXV) of 24 October 1970,
Reaffirming the principle of the inadmissibility of the acquisition of territory
by force,
Reaffirming also the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 8 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
7F
Reaffirming further the obligation of the States parties to the Fourth Geneva
Convention8 under articles 146, 147 and 148 with regard to penal sanctions, grave
breaches and responsibilities of the High Contracting Parties,
1H
Reaffirming that all States have the right and the duty to take actions in
conformity with international law and international humanitarian law to counter
deadly acts of violence against their civilian population in order to protect the lives
of their citizens,
Stressing the need for full compliance with the Israeli-Palestinian agreements
reached within the context of the Middle East peace process, including the Sharm
el-Sheikh understandings, and the implementation of the Quartet road map to a
permanent two-State solution to the Israeli-Palestinian conflict, 9
8F
Stressing also the need for the full implementation of the Agreement on
Movement and Access and the Agreed Principles for the Rafah Crossing, both of
15 November 2005, to allow for the freedom of movement of the Palestinian
civilian population within and into and out of the Gaza Strip,
Expressing grave concern about the continuing systematic violation of the
human rights of the Palestinian people by Israel, the occupying Power, including
that arising from the excessive use of force, the use of collective punishment, the
closure of areas, the confiscation of land, the establishment and expansion of
settlements, the construction of a wall in the Occupied Palestinian Territory in
departure from the Armistice Line of 1949, the destruction of property and
infrastructure, and all other actions by it designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian
Territory, including East Jerusalem,
_______________
7
See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
8
United Nations, Treaty Series, vol. 75, No. 973.
9
S/2003/529, annex.
2