A/HRC/RES/40/23
help the parties to implement the agreements reached, and in this regard recalling the
positive contribution of the Temporary International Presence in Hebron, and regretting the
unilateral decision by Israel not to renew its mandate, thereby dispensing with one of the
few established mechanisms for conflict resolution between Israelis and Palestinians, which
may therefore have a negative impact on the situation,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1.
Demands that Israel, the occupying Power, withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem, so as to enable the Palestinian
people to exercise its universally recognized right to self-determination;
2.
Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity;
3.
Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions
taken in violation and in breach of the Convention;
4.
Also demands that Israel, the occupying Power, cease all practices and
actions that violate the human rights of the Palestinian people, and that it fully respect
human rights law and comply with its legal obligations in this regard, including in
accordance with relevant United Nations resolutions;
5.
Calls for urgent measures to ensure the safety and protection of the
Palestinian civilian population in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with the relevant provisions of international humanitarian law and
as called for by the Security Council in its resolution 904 (1994) of 18 March 1994;
6.
Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and calls for full cooperation by
Israel with the Human Rights Council and all its special procedures, relevant mechanisms
and inquiries, and with the Office of the United Nations High Commissioner for Human
Rights;
7.
Demands that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed at altering the
character, status and demographic composition of the Occupied Palestinian Territory,
including in and around East Jerusalem, all of which have, inter alia, a grave and
detrimental impact on the human rights of the Palestinian people and the prospects for a
peaceful settlement;
8.
Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9
July 2004 by the International Court of Justice and as demanded by the General Assembly
in its resolutions ES-10/15 and ES-10/13, and that it immediately cease the construction of
the wall in the Occupied Palestinian Territory, including in and around East Jerusalem,
dismantle forthwith the structure situated therein, repeal or render ineffective all legislative
and regulatory acts relating thereto, and make reparation for all damage caused by the
construction of the wall, which has had a grave impact on the human rights and the
socioeconomic living conditions of the Palestinian people;
9.
Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings and to ensure adequate
housing and legal security of tenure;
10.
Deplores the illegal Israeli actions in occupied East Jerusalem, including the
construction of settlements in various areas; the demolition of residential structures, the
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