The Applicability of the Fourth Geneva Convention in the OPT
OPT

Resolution 446 (1979) of 22 March 1979


The Security Council,

Having heard the statement of the Permanent Representative of Jordan and other 
statements made before the Council,

Stressing the urgent need to achieve a comprehensive, just and lasting peace in 
the Middle East,

Affirming once more that the Fourth Geneva Convention relative to the Protection 
of Civilian Persons in Time of War of 12 August 1949 1/ is applicable to the 
Arab territories occupied by Israel since 1967, including Jerusalem,

1. Determines that the policy and practices of Israel in establishing 
settlements in the Palestinian and other Arab territories occupied since 1967 
have no legal validity and constitute a serious obstruction to achieving a 
comprehensive, just and lasting peace in the Middle East;

2. Strongly deplores the failure of Israel to abide by Security Council 
resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968 and 298 (1971) 
of 25 September 1971 and the consensus statement by the President of the 
Security Council on 11 November 1976 2/ and General Assembly resolutions 2253 
(ES-V) and 2254 (ES-V) of 4 and 14 July 1967, 32/5 of 28 October 1977 and 33/113 
of 18 December 1978;

3. Calls once more upon Israel, as the occupying Power, to abide scrupulously by 
the 1949 Fourth Geneva Convention, to rescind its previous measures and to 
desist from taking any action which would result in changing the legal status 
and geographical nature and materially affecting the demographic composition of 
the Arab territories occupied since 1967, including Jerusalem, and, in 
particular, not to transfer parts of its own civilian population into the 
occupied Arab territories;

4. Establishes a Commission consisting of three members of the Security Council, 
to be appointed by the President of the Council after consultations with the 
members of the Council, to examine the situation relating to settlements in the 
Arab territories occupied since 1967, including Jerusalem;

5. Requests the Commission to submit its report to the Security Council by 1 
July 1979;

6. Requests the Secretary-General to provide the Commission with the necessary 
facilities to enable it to carry out its mission.

7. Decides to keep the situation in the occupied territories under constant and 
close scrutiny and to reconvene in July 1979 to review the situation in the 
light of the findings of the Commission.

Adopted at the 2134th meeting by 12 votes to none, with 3 abstentions (Norway, 
United Kingdom of Great Britain and Northern Ireland, United States of America).

__________________________
1/ United Nations, Treaty Series, vol. 75, p. 287.
2/ Official Records of the Security Council, Thirty-first Year, 1969th meeting.

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