Palestine - UNGA-ESS - Working Paper
Palestine - UNGA-ESS - Working Paper
Nations E/WP/2024
General Assembly Distr.: General
13th April 2024
Original: English
1. Draws the attention for full respect, obligation and upholding by all parties for international human
rights law and international humanitarian law, including in regard to the protection of the civilian
population (PoC), and reiterates the urgent need to take appropriate, clear and pragmatic measures to
ensure the safety, well-being and dignity of civilians to ensure their protection, as well as to ensure
accountability for all violations;
2. Deplores the use of excessive, disproportionate and indiscriminate force outweighing military necessity,
advantage and humanity by the Israeli forces against the Palestinian civilians in the Occupied Palestinian
Territory, including East Jerusalem, West Bank and particularly the Gaza Strip, including the use
incendiary weapons and live ammunition against civilian protesters, including women, children, elderly
and persons with disabilities (PwD), as well as, medical personnel and journalists;
3. Demands that Israel, the belligerent occupying power, refrain desist and hold back from such actions
and fully abide by its legal, moral and ethical obligations and responsibilities under the fourth Geneva
Convention relative to the Protection of Civilian Persons, particularly, the wounded, sick and elderly in
the Time of War, of 12 August 1949;
4. Deplores any and every action that could potentially provoke violence and endanger civilian lives, and
calls upon all relevant actors to ensure that protests, assemblies and political gatherings remain peaceful,
non-violent and just;
5. Stresses the need to preserve, protect and solidify the territorial integrity of all the Occupied Palestinian
Territory and to guarantee the freedom of movement of persons and goods in the territory, including the
unjust, unfair and inequitable remove of restrictions into and from East Jerusalem;
6. Strongly condemns any decision and actions which purport to have altered the character, status or
demographic composition of the Holy City of Jerusalem to have no legal effect, are null and void and
must be rescinded in compliance with Security Council resolution 478 (1980), and in this regards calls
upon all States to refrain the establishment of diplomatic missions in the Holy City of Jerusalem;
7. Calls for cessation of all forms of aid and assistance for illegal Israeli activities in the Occupied
Palestinian Territory, including Jerusalem, in particular settlement activities, in implicitly upholding the
principle of obligation of non-recognition, Third-States must abstain from entering into economic and
other forms of relationship or dealings with the State of Israel on behalf of or concerning Palestine
which may entrench its authority over the territory;
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8. Calls for the consideration of measures to guarantee, solidify and materialize the safety, protection and
security of the Palestinian civilian population in the Occupied Palestinian Territory, including in the
Gaza Strip, whereby the movement of humanitarian personnel and organization’s ability to aid
effectively and execute operations in the region must be met with sustained through the opening of the
crossing points of the Gaza Strip for the flow of humanitarian aid, commercial goods and persons in
accordance to peremptory norms of international law, including as it pertains to legitimate, credible and
authorized security requirements;
9. Urges the provision of immediate and unimpeded humanitarian assistance to the Palestinian civilian
population in the Gaza Strip, bearing in mind critical medical, food, water and fuel needs, and urges
increased financial support to the United Nations Relief and Works Agency for Palestinian Refugees in
the Near East (UNRWA), recognizing the vital role of the Agency, alongside other United Nations
agencies and humanitarian organizations, are backbone of humanitarian assistance, support and relief of
Palestinian refugees, notably in the Gaza Strip;
10. Demands an immediate permanent, just, sustaining and operational humanitarian ceasefire where all
parties comply with their obligations under international law, including international humanitarian law,
customary practices, with regard to the protection of civilians and civilian infrastructure;
11. Stresses the need to respond to situations of armed conflict where civilians are deliberately and
purposefully targeted or humanitarian assistance to civilians is being deliberately obstructed, including
through the consideration of appropriate measures that must be taken in accordance to the principle of
humanitarian intervention, collective security action, just cause and just war in relevance with the
Charter of the United Nations;
12. Demands a swift and prompt increased bilateral, direct and honest negotiations deliberation to secure
safe passages and zones where leveraging international support and promoting neutrality are necessary
and essential to uphold the principle of humanitarian action, impartiality and necessity with special
emphasis on confidence-building measures, power-sharing arrangements, electoral assistance and
strengthening the rule of law and order;
13. Encourages tangible, honest and realistic steps towards intra-Palestinian reconciliation and mediation,
and concrete steps to reunite the Gaza Strip and the West Bank under the legitimate, credible and
durable Palestinian Government and ensure its effective functioning and operationalization in the Gaza
Strip;
14. Requests the Secretary-General to examine the present situation and to submit the written report, as soon
as possible, but not later than 90 days from the adoption of the present resolution, containing, but not
limited to, inter alia, his proposals and recommendations on ways and means for ensuring the safety,
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protection, security and well-being of the Palestinian civilian population under Israeli occupation,
including, suggestions pertaining to an international protection mechanism;
15. Calls for renewed, objective and impartial efforts to create conditions to launch credible negotiations
and discussions on all final status issues to achieve, without delay, an end to the Israeli occupation that
began in 1967 and a comprehensive, just and lasting peace as called for in Security Council resolution
446 (1979) and a holistic, pragmatic and mutual-reciprocal vision of a region where two democratic
States, Israel and Palestine, live side by side in peace with secured, demarcated and visible borders on
the basis of the relevant United Nations resolutions, the Madrid terms of references, including the
principle of land for peace, the Geneva Accords, Peace Valley Plan and the Quartet Road Map, as called
for in Security Council resolution 2334 (2016) and other relevant resolutions;
16. Expresses the need for scrupulous implementation of the agreements reached between the parties, and
urges the sponsors of the peace process, the interested parties and the entire international community to
exert all the necessary efforts to revive, rejuvenate and restore the peace process and to ensure its
success;
17. Further Recommends that a comprehensive, just and lasting solution to the question of the City of
Jerusalem, which should be reached in permanent status negotiations between the parties, should include
internationally guaranteed, recognized and endorsed to ensure freedom of religion and of conscience of
its inhabitant, as well as permanent, free and unhindered access to the Holy Places by the faiths of all
religions and nationalities1;
18. Decides to adjourn the tenth emergency special session of the General Assembly temporarily and to
authorize the President of the General Assembly to resume its meeting upon request by the concerned
and requisite Member States.
1
This comprises of the adherents to Abrahamic Religion i.e. Muslims (Islam), Christians (Christianity), Jews (Judaism)
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ANNEXURE – PART II
1. Under Operative Clauses (2), the legal and virtual impunity provided to the Israeli forces must be
stripped and revoked resolutely and unconditionally, whereby, the use of dumb bombs, bunker buster
bombs, JDAMs, White phosphorous violate the principle of proportionality, distinction, military
necessity, neutrality and humanity. Similarly, under such violations, utmost care to upholding customary
international law practices and international humanitarian law are not only prerogative but necessary to
safeguard the principles of prosperity, peace, progress and ethical conduct of war.
2. Under Operative Clause (3), there must be an application of four-point test, whereby the Israel’s
annexation of territory violates the breaches of the principle of temporariness, breaches of its duty as an
occupying power to act in the best interests of the occupied population and the failure to administer the
territory in good faith, which together coupled with belligerent occupation has crossed the ‘red-line’ into
illegality. Hence, there is an urgent need for member states to undertake targeted measures such as
abstaining from diplomatic and consulate relations, ending the supply of military equipment and
trainings, implementing arms embargo and implementing trade and financial restrictions, asset freezes,
and individual sanctions.
3. Under Operative Clause (4), Military Order 101 concerns prohibition of incitement and hostile
propaganda whereby forbidding protests and meeting of ten or more individuals to discuss politics.
Hence, there is contiguous ban of political symbols and flag, whereby, violations if any, result up to 10
years of imprisonment or a huge sum of financial fine or both. The complete ban of political
independence, political realisation and political resistance are essential and vital under Sec 21 of
UNGAR 37/43 which strongly condemns the expansionist, neo-colonialist settler policies of the State of
Israel in the Middle-Eastern region which is a serious obstacle in realization of self-determination which
is not only recognized by endorsed by international law. Furthermore, Military Order 1651 which results
in life imprisonment for disturbing the security of the region is extremely discriminatory, given, such
prerogative policies are selectively used and administered against the Palestinian civilians. The
application of security is vague and ambiguous which further erodes the nature, scope, and meaning of
security, stability and safety within the occupied administered region.
4. Under Operative Clause (7), the recommendations of the International Court of Justice (ICJ) in their
examination of the issue of self-defence in the Wall advisory opinion must be upheld with respect to the
immediate, unconditional and total withdrawal of Israel’s military forces, withdrawal of colonial settlers,
the repeal of all discriminatory laws, and the dismantling of the military administrative regime wherein
Article 51 of the UN Charter had no relevance to the case of the construction of the Annexation Wall,
and the provision thereof, did not apply to threats originating in territory held under its effective control.
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5. Under Operative Clause (10), a ceasefire can be obtained either by a formal treaty or informal
discussion based on the negotiation, enquiry and arbitration process present under Chapter VI of the UN
Charter as well as imperative of member states to ensure promotion, protection and propagation of
international peace and security under Chapter VII iof the UN Charter. The durability of the ceasefire
shall be contingent upon the applicability of demilitarized zones, withdrawal of troops and third party
guarantees in regards to hybrid-peace making and peace-building.
6. Under Operative Clause (12) and Operative Clause (13), in accordance to Article 40 (2)ii and Article 41
(2)iii of the International Law Commission on International Responsibility, the states, must ensure that
the State of Israel full and commensurate reparations in regards to the affected Palestinian individuals,
corporation and entities, for the generational harm caused by Israel’s land and property appropriations,
house demolitions, pillage of natural resources, denial of return, and other war crimes and crimes against
humanity orchestrated for the annexialist aims of an illegal occupant.
7. Under Operative Clause (15) and Operative Clause (16), the Israeli-Palestinian peace process must be in
accordance to the Geneva Accord (2003), whereby, a comprehensive and detailed solution pertaining to
Jerusalem, Israeli illegal settlements and Palestinian Right of Return pursuant to UN General Assembly
Resolution 194 must be pursued in relation to disengagement between negotiations and actions on the
ground which would pave the way for implementation by the description of peace, prosperity and
integrity. The implementation of a joint-economic and bilateral development of trade between Israel and
Palestine as envisaged under the Peace Valley Plan (2007) must be furthered to incentivise economic
cooperation and interdependence. Furthermore, the creation of a Holy Land Confederation (HLC)
whereby a political structure grounded in the principles of consequentialism, equality, liberty in which
both representatives of the Palestinian and Israeli spectrum are effectively deliberating, discussing and
negotiating issues of national importance and aspirations of the collective. Similarly, the two-state
solution as enshrined under UN Security Council Resolution 242 and UN Security Council Resolution
388 must be revised under the objective framework of Clinton Parameters and John Kerry Parameters
for effective realisation of self-determination, identity and rights for all.
i
Article 35 of UN Charter
ii
Article 40 (2) of International Law Commission Articles on State Responsibility provides that ‘[n]o State shall recognize as lawful a
situation created by a serious breach [of peremptory norms of general international law] nor render aid or assistance in maintain that
situation.
iii
Article 41 (2) of the International Law Commission Articles on State Responsibility requires that Third States not ‘render aid or
assistance in maintaining that situation’
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