UN Security Council resolution 446

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UN Security
Council Resolution 446
Date: March 22, 1979
Meeting: 2134
Identifier: S / RES / 446 (1979)
Poll: Pro: 12  Ent. : 3  Cons: 0
Object: Israeli settlements in the Arab territories
Result: accepted
Composition of the Security Council 1979:
Permanent members:

China People's RepublicPeople's Republic of China CHN FRA GBR SUN USAFranceFrance  United KingdomUnited Kingdom  Soviet Union 1955Soviet Union  United StatesUnited States 

Non-permanent members:
BangladeshBangladesh BGD BOL GAB JAM KWTBoliviaBolivia  GabonGabon  JamaicaJamaica  KuwaitKuwait 
NigeriaNigeria NGA NOR POR CSK ZMBNorwayNorway  PortugalPortugal  CzechoslovakiaCzechoslovakia  Zambia 1964Zambia 

The 446 Resolution of the UN Security Council addressed the issue of Israeli settlements in the Arab territories which by Israel in the Six Day War but has not yet been taken, such as the Sinai, had been returned, so the West Bank with East Jerusalem , the Gaza Strip and the Golan Heights .

In the resolution , the Security Council stated that “Israel's policy and practice in establishing settlements in the Palestinian and Arab territories occupied since 1967 have no legal validity and constitute a serious obstacle to a comprehensive, simple and permanent one To achieve peace in the Middle East . "

The resolution was adopted on March 22, 1979 at the 2134th session by twelve votes against, with Norway , the United Kingdom and the United States abstaining .

Resolution 446 and the Fourth Geneva Convention

Resolution 446 confirms "once again that the Fourth Geneva Convention on the Protection of Civilians in Time of War of August 12, 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem." Israel argues that neither that the West Bank was still a "signatory state" area at the time Gaza was occupied and that therefore the convention did not apply to them.

Israel's position is not recognized by the other signatory states to the Fourth Geneva Convention. Article 1 of the convention states that "the signatory states may do everything in their power to respect and ensure respect for the current convention."

On July 15, 1999, following repeated recommendations by the UN General Assembly, a conference of the signatory states to the Fourth Geneva Convention met at the UN headquarters in Geneva . It determined that the convention would apply in the Occupied Palestinian Territories , including Jerusalem. In 2001, when the conference convened by the Swiss government convened again, 114 countries adopted a three-page declaration confirming that the terms of the convention were applicable to the Palestinian territories and that Israel was seriously violating their humanitarian principles. Israel, the US and Australia boycotted the conference.

In August 2004, a working group of the Israeli Ministry of Justice, appointed by Attorney General Menachem Masus , examined the consequences of a judgment by the International Court of Justice and recommended that the Israeli government consider applying the Fourth Geneva Convention to the West Bank and Gaza.

Unilateral withdrawal from the Gaza Strip

Israel evacuated the settlers from Gaza in September 2005 , removed all settlements and military forces that were there, but retained full control over the Gaza Strip and the living conditions of its people.

This includes the control of the birth and civil status register, the movement of persons and goods, the taking of customs duties, the currency, the control of the airspace and the coastal waters, as well as the privilege of preemptive military interventions and permanent military surveillance and presence within Palestinian territories Waters and from Palestinian airspace over Gaza.

This was regulated in the so-called Disengagement Plan , which was drawn up unilaterally, ie without Palestinian approval.

For this reason, Israel continues to be defined internationally as the occupying power over the Gaza Strip, which is controversial insofar as Israel denies its status as an occupying power, despite the continuous control over the area regulated in the decoupling plan. The concept of occupation primarily describes effective control over a foreign area. This was also the case after the settlers left in 2005, which is why Israel continues to be viewed by the United Nations as an occupying power over the Gaza Strip.

The West Bank, East Jerusalem and the Golan Heights will continue to be populated by Israeli citizens.

See also

Web links

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  • Lisa Hajjar: Courting Conflict: The Israeli Military Court System in the West Bank and Gaza . University of California Press, 2005 ISBN 0-520-24194-0 .
  • AF Kassim: The Palestine Yearbook of International Law 1987-1988 . Martinus Nijhoff Publishers, 1988 ISBN 90-411-0341-4 .
  • Tomis Kapitan: Philosophical Perspectives on the Israeli-Palestinian Conflict . ME Sharpe, 1997 ISBN 1-56324-878-6 .
  • David Kretzmer: The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories . SUNY Press, 2002 ISBN 0-7914-5337-5 .
  • Alex Takkenberg: The Status of Palestinian Refugees in International Law . Oxford University Press, 1998 ISBN 0-19-826590-5 .
  • United Nations: Yearbook of the United Nations, 2000 . United Nations Publications, 2002 ISBN 92-1-100857-3 .
  • Knesset.gov.il: Disengagement Plan of Ariel Sharon, April 16, 2004
  1. ↑ Dajan 1977 before the UN, after: Kretzmer, 2002, p. 34.
  2. ↑ Hajjar, 2005, p. 54.
  3. ↑ Kassim, 1988, p. 112.
  4. ↑ Takkenberg, 1998, p. 214.
  5. ↑ United Nations, 2002, p. 421; p. 437.
  6. ↑ BBC News: Israel castigated for "rights abuses" . December 5, 2001
  7. ↑ Horst Fischer, Avril McDonald (ed.): Yearbook of International Humanitarian Law 2001 , TMC Asser Press, Den Haag 2004, p. 391
  8. ↑ BBC News: UN rules against Israeli barrier . July 9, 2004
  9. ↑ BBC News: Consider Geneva pact, Israel told . August 24, 2004