UN Security Council Resolution 478 | ||
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Date | 20 August 1980 | |
Meeting no. | 2,245 | |
Code | S/RES/478 (Document) | |
Subject | Territories occupied by Israel | |
Voting summary |
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Result | Adopted | |
Security Council composition | ||
Permanent members | ||
Non-permanent members | ||
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United Nations Security Council Resolution 478, adopted on 20 August 1980, is the last of seven UNSC resolutions condemning Israel's annexation of East Jerusalem. UNSC res 478 notes Israel's non-compliance with United Nations Security Council Resolution 476 [1] and condemned Israel's 1980 Jerusalem Law which declared Jerusalem to be Israel's "complete and united" capital, as a violation of international law. The resolution states that the council will not recognize this law, and calls on member states to accept the decision of the council. This resolution also calls upon member states to withdraw their diplomatic missions from the city. The UNSC resolutions followed two General Assembly resolutions regarding Israel's actions in East Jerusalem. [2] [3]
The resolution was passed with 14 votes to none against, with the United States abstaining.
Israel categorically rejected the resolution and its Foreign Ministry announced "It will not undermine the status of Jerusalem as the capital of a sovereign Israel and as a united city which will never again be torn apart". [4]
In remarks made to the council, then-U.S. Secretary of State Edmund Muskie said "The question of Jerusalem must be addressed in the context of negotiations for a comprehensive, just and lasting Middle East peace."
The draft resolution before us today is illustrative of a preoccupation which has produced this series of unbalanced and unrealistic texts on Middle East issues. It fails to serve the goal of all faiths that look upon Jerusalem as holy. We must share a common vision of that ancient city's future—an undivided Jerusalem, with free access to the Holy Places for people of all faiths. [5]
With respect to the section of the draft resolution relating to the transfer of embassies from Jerusalem, the Secretary of State said that the resolution was "fundamentally flawed" and that the U.S. considered that the instruction that states remove their diplomatic missions from Jerusalem, "not binding" and "without force", and that "we reject it as a disruptive attempt to dictate to other nations." He also said that the United States would forcefully resist any attempt to impose sanctions on Israel under Chapter VII of the Charter. [6]
Shlomo Slonim said that despite its forceful tone, Muskie's statement did not really elucidate the American position on Jerusalem. It made no reference to Jerusalem as an occupied territory, but neither did it deny such a status. He noted that America's policy regarding Jerusalem at the end of 1980 continued to be marked by a considerable degree of ambiguity and confusion. [7]
Two of the decisions contained in the resolution concerned the illegality of the Basic Law Jerusalem and violations of the Geneva Convention which are regarded as serious violations of customary international law. [8] The Repertory of Practice of United Nations Organs is a legal publication, which analyzes and records the decisions of the UN organs. [9] It states that the decisions were adopted by the Security Council acting on behalf of the members under Article 24. [10] Although they were not adopted under Chapter VII of the Charter, the organization considers determinations regarding illegal situations to be binding upon all of its members. [11] The Repertory says: "The question whether Article 24 confers general powers on the Security Council ceased to be a subject of discussion following the advisory opinion of the International Court of Justice rendered on 21 June 1971 in connection with the question of Namibia (ICJ Reports, 1971, page 16)." [10]
The subsequent advisory opinion of the International Court of Justice expressed the view that all States are under an obligation not to recognize the illegal situation in and around East Jerusalem. [12]
Most nations with embassies in Jerusalem relocated their embassies to Tel Aviv, Ramat Gan or Herzliya following the adoption of Resolution 478. Following the withdrawals of Costa Rica and El Salvador in August 2006, no country maintained its embassy in Jerusalem until May 2018. Following President Trump's announcement in December 2017, the United States relocated their embassy from Tel Aviv to Jerusalem on 14 May 2018. [13]
The Security Council,
Recalling its resolution 476 (1980),
Reaffirming again that the acquisition of territory by force is inadmissible,
Deeply concerned over the enactment of a "basic law" in the Israeli Knesset proclaiming a change in the character and status of the Holy City of Jerusalem, with its implications for peace and security,
Noting that Israel has not complied with resolution 476 (1980),
Reaffirming its determination to examine practical ways and means, in accordance with the relevant provisions of the Charter of the United Nations, to secure the full implementation of its resolution 476 (1980), in the event of non-compliance by Israel,
1. Censures in the strongest terms the enactment by Israel of the "basic law" on Jerusalem and the refusal to comply with relevant Security Council resolutions;
2. Affirms that the enactment of the "basic law" by Israel constitutes a violation of international law and does not affect the continued application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem;
3. Determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the recent "basic law" on Jerusalem, are null and void and must be rescinded forthwith;
4. Affirms also that this action constitutes a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;
5. Decides not to recognize the "basic law" and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem and calls upon:
(a) All Member States to accept this decision;
(b) Those States that have established diplomatic missions at Jerusalem to withdraw such missions from the Holy City;
6. Requests the Secretary-General to report to the Security Council on the implementation of the present resolution before 15 November 1980;
7. Decides to remain seized of this serious situation.
Adopted at the 2245th meeting by 14 votes to none, with 1 abstention (United States of America).
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.
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.
Jerusalem Law is a common name of Basic Law: Jerusalem, Capital of Israel passed by the Knesset on 30 July 1980.
The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
The Green Line or 1949 Armistice border is the demarcation line set out in the 1949 Armistice Agreements between the armies of Israel and those of its neighbors after the 1948 Arab–Israeli War. It served as the de facto borders of the State of Israel from 1949 until the Six-Day War in 1967, and continues to represent Israel’s internationally recognized borders with the two Palestinian territories: the West Bank and the Gaza Strip.
Israel has occupied the Palestinian territories and the Golan Heights since the Six-Day War of 1967. It previously occupied the Sinai Peninsula and southern Lebanon as well. Prior to Israel's victory in the Six-Day War, occupation of the Palestinian territories was split between Egypt and Jordan, with the former having occupied the Gaza Strip and the latter having annexed the West Bank; the Sinai Peninsula and the Golan Heights were under the sovereignty of Egypt and Syria, respectively. The first conjoined usage of the terms "occupied" and "territories" with regard to Israel was in United Nations Security Council Resolution 242, which was drafted in the aftermath of the Six-Day War and called for: "the establishment of a just and lasting peace in the Middle East" to be achieved by "the application of both the following principles: ... Withdrawal of Israeli armed forces from territories occupied in the recent conflict ... Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force."
The status of Jerusalem has been described as "one of the most intractable issues in the Israeli–Palestinian conflict" due to the long-running territorial dispute between Israel and the Palestinians, both of which claim it as their capital city. Part of this issue of sovereignty is tied to concerns over access to holy sites in the Abrahamic religions; the current religious environment in Jerusalem is upheld by the "Status Quo" of the former Ottoman Empire. As the Israeli–Palestinian peace process has primarily navigated the option of a two-state solution, one of the largest points of contention has been East Jerusalem, which was part of the Jordanian-annexed West Bank until the beginning of the Israeli occupation in 1967.
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.
Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from the complete conquest of another country, and differs from cession, in which territory is given or sold through treaty.
In United Nations Security Council resolution 1322, adopted on 7 October 2000, after recalling resolutions 476 (1980), 478 (1980), 672 (1990) and 1073 (1996), the Council deplored the visit by Ariel Sharon to the Temple Mount and the subsequent violence which, according to the Resolution, had resulted in the deaths of over 80 Palestinians. The Resolution did not condemn or mention reported Israeli deaths, although it did deplore what it described as "many other casualties."
United Nations Security Council resolution 476, adopted on 30 June 1980, declared that "all legislative and administrative measures and actions taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of Jerusalem have no legal validity and constitute a flagrant violation of the Fourth Geneva Convention".
The international community considers the establishment of Israeli settlements in the Israeli-occupied territories illegal on one of two bases: that they are in violation of Article 49 of the Fourth Geneva Convention, or that they are in breach of international declarations. The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the International Court of Justice and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories.
United Nations Security Council resolution 672, adopted unanimously on 12 October 1990, after reaffirming resolutions 476 (1980), 478 (1980), the Council expressed alarm at the 1990 Temple Mount riots in Jerusalem on 8 October 1990, resulting in the death of over 20 Palestinians and the injury of more than 150 people, including Palestinian civilians and worshippers.
The United Nations General Assembly Resolution 43/176 of 15 December 1988 was a resolution in which the General Assembly called for the convening of an International Peace Conference on the Middle East, under the auspices of the United Nations. The resolution is titled "43/176. Question of Palestine". The peace conference was proposed in the framework of international politics.
United Nations Security Council Resolution 2334 was adopted on 23 December 2016. It concerns the Israeli settlements in "Palestinian territories occupied since 1967, including East Jerusalem". The resolution passed in a 14–0 vote by members of the United Nations Security Council (UNSC). Four members with United Nations Security Council veto power voted for the resolution, while the United States abstained. The resolution states that Israel's settlement activity constitutes a "flagrant violation" of international law and has "no legal validity". It demands that Israel stop such activity and fulfill its obligations as an occupying power under the Fourth Geneva Convention.
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.
United Nations General Assembly Resolution ES‑10/19 is an emergency session resolution declaring the status of Jerusalem as Israel's capital as "null and void". It was adopted by the 37th Plenary meeting of the tenth emergency special session of the United Nations General Assembly during the tenure of the seventy-second session of the United Nations General Assembly on 21 December 2017. The resolution was drafted by Yemen and Turkey. Though strongly contested by the United States, it passed by 128 votes to 9 against with 21 absentees and 35 abstentions.
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: CS1 maint: archived copy as title (link); and De Waart, Paul J. I. M., "International Court of Justice Firmly Walled in the Law of Power in the Israeli–Palestinian Peace Process", Leiden Journal of International Law, 18 (2005), pp. 467–487, especially 474, and 485–486