UN General Assembly Resolution 303(IV) | |
---|---|
Date | 9 December 1949 |
Meeting no. | PV 275 |
Code | A/RES/303(IV) (Document) |
Subject | Palestine: question of an international regime for the Jerusalem area and the protection of the Holy Places |
Voting summary |
|
Result | Adopted |
United Nations General Assembly Resolution 303, adopted on 9 December 1949 by a vote of 38 to 14 (with 7 abstentions), restated the United Nations' support for a Corpus separatum in Jerusalem. Notably the voting pattern was significantly different from that of the United Nations Partition Plan for Palestine vote two years earlier, with many states swapping sides. In particular, all the Arab and Muslim countries voted for the corpus separatum, having voted against the 1947 plan; conversely the United States and Israel voted against the corpus separatum, having previously supported it.
The outcome of the vote was "even more decisive than the vote for the Partition Plan itself". [1]
In July 1920, at the San Remo conference, a Class "A" League of Nations mandates over Palestine was allocated to the British. On 29 November 1947, the UN General Assembly adopted a resolution recommending "to the United Kingdom, as the mandatory Power for Palestine, and to all other Members of the United Nations the adoption and implementation, with regard to the future government of Palestine, of the Plan of Partition with Economic Union" as Resolution 181 (II). [2] The plan contained a proposal to terminate the British Mandate for Palestine and partition Palestine into "independent Arab and Jewish States and the Special International Regime for the City of Jerusalem." On 14 May 1948, the day on which the British Mandate over Palestine expired, the Jewish People's Council gathered at the Tel Aviv Museum, and approved a proclamation which declared the establishment of a Jewish state in Eretz Israel, to be known as the State of Israel . [3]
On 11 May 1949, Israel was admitted to membership in the United Nations. [4]
Early in December 1949, Israel declared Jerusalem as its capital, despite controlling only West Jerusalem, with East Jerusalem (including the Old City) being controlled by Transjordan.
The full text of the Resolution:
Having regard to its resolutions 181 (11) of 29 November 1947 and 194 (111) of 11 December 1948,
Having studied the reports of the United Nations Conciliation Commission for Palestine set up under the latter resolution,
I. Decides
In relation to Jerusalem,
Believing that the principles underlying its previous resolutions concerning this matter, and in particular its resolution of 29 November 1947, represent a just and equitable settlement of the question,
- 1. To restate, therefore, its intention that Jerusalem should be placed under a permanent international regime, which should envisage appropriate guarantees for the protection of the Holy Places, both within and outside Jerusalem and to confirm specifically the following provisions of General Assembly resolution 181 (II): (1) The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations; (2) The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority . . . ; and (3) The City of Jerusalem shall include the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis; the most southern, Bethlehem; the most western, Ein Karim (including also the built-up area of Motsa); and the most northern., Shu'fat, as indicated on the attached sketch-map (annex B)(2) ;
- 2. To request for this purpose that the Trusteeship Council at its next session, whether special or regular, complete the preparation of the Statute of Jerusalem (T/118/Rev. 2), omitting the now inapplicable provisions, such as articles 32 and 39, and, without prejudice to the fundamental principles of the international regime for Jerusalem set forth in General Assembly resolution 181 (II) introducing therein amendments in the direction of its greater democratization, approve the Statute, and proceed immediately with its implementation. The Trusteeship Council shall not allow any actions taken by any interested Government or Governments to divert it from adopting and implementing the Statute of Jerusalem;
II. Calls upon the States concerned, to make formal undertakings, at an early date and in the light of their obligations as Members of the United Nations, that they will approach these matters with good will, and be guided by the terms of the present resolution.
Notes:
(1) UN Doc. A11245, December 10, 1949. Back
(2) Map is omitted. Back
Voting in parts | Whole resolution | ||||||||
---|---|---|---|---|---|---|---|---|---|
In relation to Jerusalem, Believing that the principles underlying its previous resolutions concerning this matter, and in particular its resolution of 29 November 1947, represent a just and equitable settlement of the question, 1. To restate, therefore, its intention that Jerusalem should be placed under a permanent international regime, which should envisage appropriate guarantees for the protection of the Holy Places, both within and outside Jerusalem and to confirm specifically the following provisions of General Assembly resolution 181 | (1) The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations; | (2) The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority | (3) The City of Jerusalem shall include the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis; the most southern, Bethlehem ; the most western, Ein Karim (including also the built-up area of Motsa); and the most northern., Shu'fat, as indicated on the attached sketch-map (annex B)(2) ; | 2. To request for this purpose that the Trusteeship Council at its next session, whether special or regular, complete the preparation of the Statute of Jerusalem (T/118/Rev. 2), omitting the now inapplicable provisions, such as articles 32 and 39, and, without prejudice to the fundamental principles of the international regime for Jerusalem set forth in General Assembly resolution 181 (II) introducing therein amendments in the direction of its greater democratization, approve the Statute | and proceed immediately with its implementation. | The Trusteeship Council shall not allow any actions taken by any interested Government or Governments to divert it from adopting and implementing the Statute of Jerusalem; | II. Calls upon the States concerned, to make formal undertakings, at an early date and in the light of their obligations as Members of the United Nations, that they will approach these matters with good will, and be guided by the terms of the present resolution. | ||
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Abstaining | 6 | 6 | 6 | 8 | 8 | 7 | 8 | 6 | 7 |
The Israeli Declaration of Independence, formally the Declaration of the Establishment of the State of Israel, was proclaimed on 14 May 1948 by David Ben-Gurion, the Executive Head of the World Zionist Organization, Chairman of the Jewish Agency for Palestine, and soon to be first Prime Minister of Israel. It declared the establishment of a Jewish state in Eretz-Israel, to be known as the State of Israel, which would come into effect on termination of the British Mandate at midnight that day. The event is celebrated annually in Israel as Independence Day, a national holiday on 5 Iyar of every year according to the Hebrew calendar.
The United Nations trust territories were the successors of the remaining League of Nations mandates, and came into being when the League of Nations ceased to exist in 1946. All the trust territories were administered through the United Nations Trusteeship Council and authorized to a single country. The concept is distinct from a territory temporarily and directly governed by the United Nations.
The history of the State of Palestine describes the creation and evolution of the State of Palestine in the West Bank and Gaza Strip.
The United Nations Truce Supervision Organization (UNTSO) is an organization founded on 29 May 1948 for peacekeeping in the Middle East. Established amidst the 1948 Arab–Israeli War, its primary task was initially to provide the military command structure to the peacekeeping forces in the Middle East to enable the peacekeepers to observe and maintain the ceasefire, and in assisting the parties to the Armistice Agreements in the supervision of the application and observance of the terms of those Agreements. The organization's structure and role has evolved over time as a result of the various conflicts in the region and at times UNTSO personnel have been used to rapidly deploy to other areas of the Middle East in support of other United Nations operations. The command structure of the UNTSO was maintained to cover the later peacekeeping organisations of the United Nations Disengagement Observer Force (UNDOF) and the United Nations Interim Force in Lebanon (UNIFIL) to which UNTSO continues to provide military observers.
The Palestinian territories are the two regions of the former British Mandate for Palestine that have been occupied by Israel since the Six-Day War of 1967, namely the West Bank and the Gaza Strip. The International Court of Justice (ICJ) has referred to the West Bank, including East Jerusalem, as "the Occupied Palestinian Territory", and this term was used as the legal definition by the ICJ in its advisory opinion of July 2004. The term occupied Palestinian territory was used by the United Nations and other international organizations between October 1999 and December 2012 to refer to areas controlled by the Palestinian National Authority, but from 2012, when Palestine was admitted as one of its non-member observer states, the United Nations started using exclusively the name State of Palestine. The European Union (EU) also uses the term "occupied Palestinian territory". The government of Israel and its supporters use the label "disputed territories" instead.
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.
The United Nations Partition Plan for Palestine was a proposal by the United Nations, which recommended a partition of Mandatory Palestine at the end of the British Mandate. On 29 November 1947, the UN General Assembly adopted the Plan as Resolution 181 (II).
United Nations General Assembly Resolution 3379, adopted on 10 November 1975, "Determines that Zionism is a form of racism and racial discrimination" with 72 votes in favour, 35 votes against, and 32 abstentions. It was revoked by Resolution 46/86, adopted on 16 December 1991 with 111 votes in favour, 25 votes against, and 13 abstentions. The vote for Resolution 3379 was held nearly one year after the adoption of Resolution 3236 and Resolution 3237: the former recognized the "Question of Palestine" and invited the Palestine Liberation Organization (PLO) to participate in international diplomacy; and the latter designated the PLO as a non-member Assembly observer following the "Olive Branch Speech" by Palestinian political leader Yasser Arafat.
The United Nations General Assembly Resolution 194 is a resolution adopted near the end of the 1947–1949 Palestine war. The Resolution defines principles for reaching a final settlement and returning Palestine refugees to their homes. Article 11 of the resolution resolves that
refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or equity, should be made good by the Governments or authorities responsible.
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The Lausanne Conference of 1949 was convened by the United Nations Conciliation Commission for Palestine (UNCCP) from 27 April to 12 September 1949 in Lausanne, Switzerland. Representatives of Israel, the Arab states Egypt, Jordan, Lebanon and Syria, and the Arab Higher Committee and a number of refugee delegations were in attendance to resolve disputes arising from the 1948 Arab–Israeli War, mainly about refugees and territories in connection with Resolution 194 and Resolution 181.
The dispute between Israelis and Palestinians, who both claim Jerusalem as their capital city, has been described as "one of the most intractable issues in the Israeli–Palestinian conflict", with conflicting claims to sovereignty over the city or parts of it, and access to its holy sites. The main dispute revolves around the legal status of East Jerusalem and especially the Old City of Jerusalem, while broader agreement exists regarding future Israeli presence in West Jerusalem in accordance with Israel's internationally recognised borders.
Corpus separatum was the internationalization proposal for Jerusalem and its surrounding area as part of the United Nations Partition Plan for Palestine. It was adopted by the United Nations General Assembly with a two-thirds majority in November 1947. According to the Partition Plan, the city of Jerusalem would be brought under international governance, conferring it a special status due to its shared importance for the Abrahamic religions. The legal base ("Statute") for this arrangement was to be reviewed after ten years and put to a referendum. The corpus separatum was again one of the main issues of the post-war Lausanne Conference of 1949, besides the borders of Israel and the question of the Palestinian right of return.
The Jerusalem Embassy Act of 1995 is a public law of the United States passed by the 104th Congress on October 23, 1995. The proposed law was adopted by the Senate (93–5), and the House (374–37). The Act became law without a presidential signature on November 8, 1995.
An international city is an autonomous or semi-autonomous city-state that is separate from the direct supervision of any single nation-state.
The Palestinian Declaration of Independence formally established the State of Palestine, and was written by Palestinian poet Mahmoud Darwish and proclaimed by Yasser Arafat on 15 November 1988 in Algiers, Algeria. It had previously been adopted by the Palestinian National Council (PNC), the legislative body of the Palestine Liberation Organization (PLO), by a vote of 253 in favour, 46 against, and 10 abstaining. It was read at the closing session of the 19th PNC to a standing ovation. Upon completing the reading of the declaration, Arafat, as Chairman of the PLO, assumed the title of President of Palestine. In April 1989, the PLO Central Council elected Arafat as the first President of the State of Palestine.
The Israeli annexation of East Jerusalem, known to Israelis as the reunification of Jerusalem, refers to the Israeli occupation of East Jerusalem during the 1967 Six-Day War, and its annexation. Jerusalem was envisaged as a separate, international city under the 1947 United Nations partition plan, but it was divided by the 1948 war that followed Israel's declaration of independence. As a result of the 1949 Armistice Agreements, the city's western half came under Israeli control, while its eastern half, containing the famed Old City, fell under Jordanian control. In 1950, Jordan annexed East Jerusalem as part of its larger annexation of the West Bank.
The London Conference of 1946–1947, which took place between September 1946 and February 1947, was called by the British Government of Clement Attlee to resolve the future governance of Palestine and negotiate an end of the Mandate. It was scheduled following an Arab request after the April 1946 Anglo-American Committee of Inquiry report.
The Ad Hoc Committee on the Palestinian Question, also known as the Ad Hoc Committee on Palestine or just the Ad Hoc Committee was a committee formed by a vote of the United Nations General Assembly on 23 September 1947, following the publication of the report of the United Nations Special Committee on Palestine (UNSCOP) on 3 September 1947, which contained majority and minority proposals.