UNM Israel Alliance

United Nations Security Council Resolution 54; July 15, 1948

[S/902]

The Security Council,

Taking into consideration that the Provisional Government of Israel has indicated its acceptance in principle of a prolongation of the truce in Palestine that the States members of the Arab League have rejected successive appeals of the United Nations Mediator, and of the Security Council in its resolution 53 (1948) of 7 July 1948, for the prolongation of the truce in Palestine; and that there has consequently developed a renewal of hostilities in Palestine,

1. Determines that the situation in Palestine constitutes a threat to the peace within the meaning of Article 39 of the Charter of the United Nations;

2. Orders the Governments and authorities concerned, pursuant to Article 40 of the Charter, to desist from further military action and to this end to issue cease-fire orders to their military and paramilitary forces, to hike effect at a time to be determined by the Mediator, but in any event not later than three days from the date of the adoption of this resolution

3. Declares that failure by any of the Governments or authorities concerned to comply with the preceding paragraph of this resolution would demonstrate the existence of a breach of the peace within the meaning of Article 39 of the Charter requiting immediate consideration by the Security Council with a view to such further action under Chapter VII of the Charter as may be decided upon by the Council;

4. Calls upon all Governments and authorities concerned to continue to co-operate with the Mediator with a view to the maintenance of peace in Palestine in conformity with resolution 50 (1948) adopted by the Security Council on 29 May 1948;

5. Orders as a matter of special and urgent necessity an immediate and unconditional cease-fire in the City of Jerusalem to take effect twenty-four hours from the tine of the adoption of this resolution, and instructs the Truce Commission to take any necessary steps to make this cease-fire effective;

6. Instructs the Mediator to continue his efforts to bring about the demilitarization of the City of Jerusalem, without prejudice to the future political status of Jerusalem, and to assure the protection of and access to the Holy Places, religious buildings and sites in Palestine;

7. Instructs the Mediator to supervise the observance of the truce and to establish procedures for examining alleged breaches of the truce since 11 June 1948, authorizes him to deal with breaches so far as it is within his capacity to do so by appropriate local action, and requests him to keep the Security Council currently informed concerning the operation of the truce and when necessary to take appropriate action;

8. Decides that, subject to further decision by the Security Council or the General Assembly, the truce shale remain in force, in accordance with the present resolution and with resolution 50 (1948) of 29 May 1948, until a peaceful adjustment of the future situation of Palestine is reached;

9. Reiterates the appeal to the parties contained in the last paragraph of its resolution 49 (1948) of 22 May 1948 and urges upon the parties that they continue conversations with the Mediator in a spirit of conciliation and mutual concession in order that all points under dispute may h settled peacefully;

10. Requests the Secretary-General to provide the Mediator with the necessary skiff and facilities to assist in carrying out the functions assigned to him under General Assembly resolution 186 (S-2) of 14 May 1948 and under this resolution;

11. Requests that the Secretary-General make appropriate arrangements to provide necessary funds to meet the obligations arising from this resolution.

Fifty-first session
Agenda item 84

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

51/124. Assistance to Palestine refugees

The General Assembly,

Recalling its resolution 50/28 A of 6 December 1995 and all its previous resolutions on the question, including resolution 194 (III) of 11 December 1948,

Taking note of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for the period from 1 July 1995 to 30 June 1996, 1/

Welcoming the signature in Washington on 13 September 1993 by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the people of Palestine, of the Declaration of Principles on Interim Self-Government Arrangements 2/ and the subsequent implementation agreements, and also the signature of the Interim Agreement on the West Bank and the Gaza Strip in Washington on 28 September 1995,

Encouraging the Multilateral Working Group on Refugees of the Middle East peace process to continue its important work,

Welcoming the completion of the transfer of the headquarters of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to its area of operations,

1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of its resolution 194 (III), has not yet been effected and that, therefore, the situation of the refugees continues to be a matter of concern;

2. Expresses its thanks to the Commissioner-General and to all the staff of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, recognizing that the Agency is doing all it can within the limits of available resources, and also expresses its thanks to the specialized agencies and to private organizations for their valuable work in assisting refugees;

3. Notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194 (III), 3/ and requests the Commission to exert continued efforts towards the implementation of that paragraph and to report to the Assembly as appropriate, but no later than 1 September 1997;

4. Notes the significant success of the Peace Implementation Programme of the Agency since the signing of the Declaration of Principles on Interim Self-Government Arrangements, 2/ and stresses the importance that contributions to this Programme are not at the expense of the General Fund;

5. Welcomes strengthened cooperation between the Agency and the World Bank and other specialized agencies, and calls upon the Agency to make a decisive contribution towards giving a fresh impetus to the economic and social stability of the occupied territories;

6. Urges all Member States to extend and expedite aid and assistance with a view to the economic and social development of the Palestinian people and the occupied territories;

7. Reiterates its concern regarding the continuing seriousness of the financial position of the Agency, as outlined in the report of the Commissioner-General;

8. Commends the efforts of the Commissioner-General to move towards budgetary transparency and internal efficiency, and hopes that such moves will continue;

9. Notes with profound concern that the structural deficit problem confronting the Agency portends an almost certain decline in the living conditions of the Palestine refugees and that it, therefore, has possible consequences for the peace process;

10. Calls upon all Governments, as a matter of urgency, to make the most generous efforts possible to meet the anticipated needs of the Agency, including the costs of moving the headquarters to Gaza, urges non-contributing Governments to contribute regularly, and encourages contributing Governments to consider increasing their regular contributions.
83rd plenary meeting
13 December 1996

Notes

1/ Official Records of the General Assembly, Fifty-first Session, Supplement No. 13 (A/51/13).

2/ A/48/486-S/26560, annex; see Official Records of the Security Council, Forty-eighth Year, Supplement for October, November and December 1993, document S/26560.

3/ See A/51/439, annex.

Authority of the United Nations Truce Supervision Organization and of the Syrian-Israeli Mixed Armistice Commission: United Nations Security Council Resolution, May 18, 1951(1)

The Security Council

Recalling its past resolutions of 15 July 1948,(2) 11 August 1949,(3) 17 November 1950 (4) and 8 May 1951 (5) relating to the General Armistice Agreements between Israel and the neighbouring Arab States (6) and to the provisions contained therein concerning methods for maintaining the armistice and resolving disputes through the mixed armistice commissions participated in by the parties to the General Armistice Agreements,

Noting the complaints of Syria and Israel to the Security Council statements in the Council of the representatives of Syria and Israel, the reports to the Secretary-General of the United Nations by the Chief of Stall and the Acting Chief of Stay of the United Nations Truce Supervision Organization for Palestine, and statements before the Council by the Chief of Staff of the United Nations Truce Supervision Organization for Palestine,

Noting that the Chief of Staff of the Truce Supervision Organization in a memorandum of 7 March 1951, and the Chairman of the Syrian-Israel Mixed Armistice Commission on a number of occasions have requested the Israel delegation to the Mixed Armistice Commission to ensure that the Palestine Land Development Company, Limited, is instructed to cease all operations in the demilitarized zone until such time as an agreement is arranged through the Chairman of the Mixed Armistice Commission for continuing this project,

Noting further that article V of the General Armistice Agreement between Israel and Syria gives to the Chairman the responsibility for the general supervision of the demilitarized zone,

Endorses the requests of the Chief of Staff and the Chairman of the Mixed Armistice Commission on this matter and calls upon the Government of Israel to comply with them;

Declares that order to promote the return of permanent peace in Palestine, it is essential that the Governments of Israel and Syria observe faithfully the General Armistice Agreement of 20 July 1949;

Notes -that under article VII, paragraph 8, of the Armistice Agreement, where interpretation of the meaning of a particular provision of the agreement, other than the preamble and articles I and II, is at issue, the Mixed Armistice Commission’s interpretation shall prevail;

Calls Upon the Governments of Israel and Syria to bring before the Mixed Armistice Commission or its Chairman, whichever has the pertinent responsibility under the Armistice Agreement, their complaints and to abide by the decisions resulting therefrom;

Considers that it is inconsistent with the objectives and intent of the Armistice Agreement to refuse to participate in meetings of the Mixed Armistice Commission or to fail to respect requests of the Chairman of the Mixed Armistice Commission as they relate to his obligations under article V and calls upon the parties to be represented at all meetings called by the Chairman of the Commission and to respect such requests;

Calls upon the parties to give effect to the following excerpt cited by the Chief of Staff of the Truce Supervision Organization at the 542nd meeting of the Security Council on 25 April 1951, as being from the summary record of the Syria-Israel Armistice Conference of 3 July 1949, which was agreed to by the parties as an authoritative comment on article V of the General Armistice Agreement between Israel and Syria:

“The question of civil administration in villages and settlements in the demilitarized zone is provided for, within the framework of an Armistice Agreement, in sub-paragraphs 5 (b) and 5 (I) of the draft article. Such civil administration, including policing, will be on a local basis, without raising general questions of administration, jurisdiction, citizenship and sovereignty.

“Where Israel civilians return to or remain in an Israel village or settlement, the civil administration and policing of the village or settlement will be by Israelis. Similarly, where Arab civilians return to or remain in an Arab village, a local Arab administration and police unit will be authorized.

“As civilian life is gradually restored, administration will take shape on a local basis under the general supervision of the Chairman of the Mixed Armistice Commission.

“The Chairman of the Mixed Armistice Commission, in consultation and co-operation with the local communities will be in a position to authorize all necessary arrangements for the restoration and protection of civilian life. He will not assume responsibility for direct administration of the zone.”

Recalls to the Governments of Syria and Israel their obligations under Article 2, paragraph 4 of the Charter of the United Nations and their commitments under the Armistice Agreement not to resort to military force and finds that:

(a) Aerial action taken by the forces of the Government of Israel on 5 April 1951 and

(b) Any aggressive military action by either of the parties in or around the demilitarized zone, which further investigation by the Chief of Staff of the Truce Supervision Organization into the reports and complaints recently submitted to the Council may establish,

constitutes a violation of the cease-fire provision provided in the Security Council resolution of 15 July 1948 and are inconsistent with the terms of the Armistice Agreement and the obligations assumed under the Charter;

Noting the complaint with regard to the evacuation of Arab residents from the demilitarized zone;

(a) Decides that Arab civilians who have been removed from the demilitarized zone by the Government of Israel should be permitted to return forthwith to their homes and that the Mixed Armistice Commission should supervise their return and rehabilitation in a manner to be determined by the Commission; and

(b) Holds that no action involving the transfer of persons across international frontiers, armistice lines or within the demilitarized zone should be undertaken without prior decision of the Chairman of the Mixed Armistice Commission.

Noting with concern the refusal on a number of occasions to permit observers and officials of the Truce Supervision Organization to enter localities and areas which were subjects of complaints in order to perform their legitimate functions, considers that the parties should permit such entry at all times whenever this is required, to enable the Truce Supervision Organization to fulfil its functions, and should render every facility which may be requested by the Chairman of the Mixed Armistice Commission for this purpose;

Reminds the parties of their obligations under the Charter of the United Nations to settle their international disputes by peaceful means in such manner that international peace and security are not endangered, and expresses its concern at the failure of the Governments of Israel and Syria to achieve progress pursuant to their commitments under the Armistice Agreement to promote the return to permanent peace in Palestine;

Directs the Chief of Staff of the Truce Supervision Organization to take the necessary steps to give effect to this resolution for the purpose of restoring peace in the area, and authorizes him to take such measures to restore peace in the area and to make such representations to the Governments of Israel and Syria as he may deem necessary;

Calls Upon the Chief of Staff of the Truce Supervision Organization to report to the Security Council on compliance given to the present resolution

Requests the Secretary-General to furnish such additional personnel and assistance as the Chief of Staff of the Truce Supervision Organization may request in carrying out the present resolution and the Council’s resolutions of 8 May 1951 and 17 November 1950.

(1) U.N. document S/INF/6, Mar. 4, 1952 pp. 10-13. The draft resolution (S/2151/Rev. 1) was introduced by the unite] States and cosponsored by France Turkey, and the United Kingdom. For Ambassador Warren R. Austin’s statement on May 16, 1951, see Department of State Bulletin, June 4, 1951, pp. 914916. For background information see Report of the Security Council to the General Assembly Covering the Period from 16 July 1950 to 15 July 1951 (A/1873), pp. 61-67, and United States Participation in the United Nations: Report by the President to the Congress for the Year 1951 (Department of State publication 4583; 1952) pp. 114-116. Back

(2) U. N. doc. S/INF/2, July 18, 1949, pp. 50-51. Back

(3) U. N. doc., S/INF/3, Feb. 1, 1960, pp. 14-15. Back

(4) U. N. doc., S/INF/4, Feb. 1, 1961, pp. 14-16. Back

(5) U. N. doc., S/INF/6, Mar. 4, 1952, p. 10. Back

(6) 1949 – Egyptian-Israeli General Armistice Agreement, February 24; 1949 – Lebanese-Israeli General Armistice Agreement, March 23; 1949 – Jordanian-Israeli General Armistice Agreement, April 3; 1949 – Syrian-Israeli General Armistice Agreement, July 20.