A/HRC/2/9
page 11
Mindful that Israel is a party to the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, which is applicable de jure to Palestinian
and all Arab territories occupied by Israel since 1967, including East Jerusalem and the
Syrian Golan, and recalling the declaration adopted by the Conference of High Contracting
Parties to the Fourth Geneva Convention, held in Geneva on 5 December 2001,
Considering that the transfer by the occupying Power of parts of its own civilian
population into the territory it occupies constitutes a breach of the Fourth Geneva Convention
and relevant provisions of customary law, including those codified in Additional Protocol I to the
Geneva Conventions of 12 August 1949,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory (see A/ES-10/273 and Corr.1), and its conclusion that the Israeli settlements in the
Occupied Palestinian Territory (including East Jerusalem) have been established in breach of
international law,
Recalling also General Assembly resolution ES-10/15 of 20 July 2004,
Recalling further its attachment to the implementation by both parties of their obligations
under the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict
(S/2003/529, annex), and noting specifically its call for a freeze on all settlement activity,
Expressing its grave concern about the continuation by Israel, the occupying Power, of
settlement building and expansion in the Occupied Palestinian Territory, in violation of
international humanitarian law and relevant United Nations resolutions, including plans to
expand and connect Israeli settlements around Occupied East Jerusalem, thus threatening the
creation of a contiguous Palestinian State,
Expressing its concern that continuing Israeli settlement activity undermines the
realization of a two-State solution,
Noting the dismantlement of settlements in the Gaza Strip and parts of the northern
West Bank,
Expressing grave concern about the continuing construction, contrary to international
law, by Israel of the wall inside the Occupied Palestinian Territory, including in and around
East Jerusalem, and expressing its concern in particular about the route of the wall in departure
from the Armistice Line of 1949, which could prejudge future negotiations and make the
two-State solution physically impossible to implement and which is causing the Palestinian
people further humanitarian hardship,
Deeply concerned that the wall’s route has been traced in such a way as to include the
great majority of the Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem,
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