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TitleFront CoverKoran VersesUN ResolutionsHamas Covenant
UN Resolutions
Since opinion makers and politicians (including heads of state) often talk of UN resolutions, especially when Middle East affairs are discussed, Jihad Al-Kuffar quotes several documents issued by the United Nations and puts emphasis on some provisions that, for one reason or another, tend to be downplayed or even forgotten.

The book makes reference to five UN resolutions:

 

 

 

#1. United Nations General Assembly Resolution 181, adopted on November 29, 1947

[initial part]

 

 

Future government of Palestine
  

The General Assembly,
 
Having met in special session at the request of the mandatory Power to constitute and instruct a Special Committee to prepare for the consideration of the question of the future Government of Palestine at the second regular session;
 
Having constituted a Special Committee and instructed it to investigate all questions and issues relevant to the problem of Palestine, and to prepare proposals for the solution of the problem, and
 
Having received and examined the report of the Special Committee (document A/364) including a number of unanimous recommendations and a plan of partition with economic union approved by the majority of the Special Committee,
 
Considers that the present situation in Palestine is one which is likely to impair the general welfare and friendly relations among nations;
 
Takes note of the declaration by the mandatory Power that it plans to complete its evacuation of Palestine by l August 1948;
 
Recommends 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 set out below;
 
Requests that

The Security Council take the necessary measures as provided for in the plan for its implementation;
The Security Council consider, if circumstances during the transitional period require such consideration, whether the situation in Palestine constitutes a threat to the peace. If it decides that such a threat exists, and in order to maintain international peace and security, the Security Council should supplement the authorization of the General Assembly by taking measures, under Articles 39 and 41 of the Charter, to empower the United Nations Commission, as provided in this resolution, to exercise in Palestine the functions which are assigned to it by this resolution;
The Security Council determine as a threat to the peace, breach of the peace or act of aggression, in accordance with Article 39 of the Charter, any attempt to alter by force the settlement envisaged by this resolution;
The Trusteeship Council be informed of the responsibilities envisaged for it in this plan;
Calls upon the inhabitants of Palestine to take such steps as may be necessary on their part to put this plan into effect;
Appeals to all Governments and all peoples to refrain from taking any action which might hamper or delay the carrying out of these recommendations, and
Authorizes the Secretary-General to reimburse travel and subsistence expenses of the members of the Commission referred to in Part 1, Section B, Paragraph I below, on such basis and in such form as he may determine most appropriate in the circumstances, and to provide the Commission with the necessary staff to assist in carrying out the functions assigned to the Commission by the General Assembly. 

 
The General Assembly,

 
Authorizes the Secretary-General to draw from the Working Capital Fund a sum not to exceed 2,000,000 dollars for the purposes set forth in the last paragraph of the resolution on the future government of Palestine.
 
PLAN OF PARTITION WITH ECONOMIC UNION
 
Part I. - Future Constitution and Government of Palestine
 
A. TERMINATION OF MANDATE, PARTITION AND INDEPENDENCE

The Mandate for Palestine shall terminate as soon as possible but in any case not later than 1 August 1948.
The armed forces of the mandatory Power shall be progressively withdrawn from Palestine, the withdrawal to be completed as soon as possible but in any case not later than 1 August 1948.

 
The mandatory Power shall advise the Commission, as far in advance as possible, of its intention to terminate the mandate and to evacuate each area. The mandatory Power shall use its best endeavours to ensure that an area situated in the territory of the Jewish State, including a seaport and hinterland adequate to provide facilities for a substantial immigration, shall be evacuated at the earliest possible date and in any event not later than 1 February 1948.
 

Independent Arab and Jewish States and the Special International Regime for the City of Jerusalem, set forth in Part III of this Plan, shall come into existence in Palestine two months after the evacuation of the armed forces of the mandatory Power has been completed but in any case not later than 1 October 1948. The boundaries of the ArabState, the Jewish State, and the City of Jerusalem shall be as described in Parts II and III below.
The period between the adoption by the General Assembly of its recommendation on the question of Palestine and the establishment of the independence of the Arab and Jewish States shall be a transitional period.

 

 

 

 

 #2. United Nations General Assembly Resolution 186, adopted on May 14, 1948

 

 

186 (S-2)
 
The General Assembly,
 
Taking account of the present situation in regard to Palestine,
 
Strongly affirms its support of the efforts of the Security Council to secure a truce in Palestine and calls upon all Governments, organizations and persons to co-operate in making effective such a truce;
 
1. Empowers a United Nations Mediator in Palestine, to be chosen by a committee of the General Assembly composed of representatives of China, France, the Union of Soviet Socialist Republics, the United Kingdom and the United States of America, to exercise the following functions:
  
(a) To use his good offices with the local and community authorities in Palestine to:
 
i Arrange for the operation of common services necessary to the safety and well-being of the population of Palestine;
 
ii Assure the protection of the Holy Places, religious buildings and sites in Palestine;
 
iii Promote a peaceful adjustment of the future situation of Palestine.
 
(b) To co-operate with the Truce Commission for Palestine appointed by the Security Council in its resolution of 23 April 1948;
 
(c) To invite, as seems to him advisable, with a view to the promotion of the welfare of the inhabitants of Palestine, the assistance and co-operation of appropriate specialized agencies of the United Nations such as the World Health Organization, of the International Red Cross, and of other governmental or non-governmental organizations of a humanitarian and non-political character;
 
2. Instructs the United Nations Mediator to render progress reports monthly, or more frequently as he deems necessary, to the Security Council and to the Secretary-General for transmission to the Members of the United Nations;
 
3. Directs the United Nations Mediator to conform in his activities with the provisions of this resolution, and with such instructions as the General Assembly or the Security Council may issue;
 
4. Authorizes the Secretary-General to pay the United Nations Mediator an emolument equal to that paid to the President of the International Court of Justice, and to provide the Mediator with the necessary staff to assist in carrying out the functions assigned to the Mediator by the General Assembly.

 

 

 

 #3. United Nations General Assembly Resolution 194, adopted on December 11, 1948

[the text reported below refers to Provisions 1, 2 and 11]

 

 

The General Assembly,
 
Having considered further the situation in Palestine,

 
1. Expresses its deep appreciation of the progress achieved through the good offices of the late United Nations Mediator in promoting a peaceful adjustment of the future situation of Palestine, for which cause he sacrificed his life; and
 
Extends its thanks to the Acting Mediator and his staff for their continued efforts and devotion to duty in Palestine;
 
2. Establishes a Conciliation Commission consisting of three States members of the United Nations which shall have the following functions:
 

(a) To assume, in so far as it considers necessary in existing circumstances, the functions given to the United Nations Mediator on Palestine by resolution 186 (S-2) of the General Assembly of 14 May 1948;
 
(b) To carry out the specific functions and directives given to it by the present resolution and such additional functions and directives as may be given to it by the General Assembly or by the Security Council;
 
(c) To undertake, upon the request of the Security Council, any of the functions now assigned to the United Nations Mediator on Palestine or to the United Nations Truce Commission by resolutions of the Security Council; upon such request to the Conciliation Commission by the Security Council with respect to all the remaining functions of the United Nations Mediator on Palestine under Security Council resolutions, the office of the Mediator shall be terminated;
[...]
11. Resolves that the 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 in equity, should be made good by the Governments or authorities responsible;
[...]

 

 

 

 

 #4. United Nations General Assembly Resolution 242, adopted on November 22, 1967

 

 

The Security Council,
 
Expressing its continuing concern with the grave situation in the Middle East,
 
Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,
 
Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter,
 
Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include 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 acknowledgement 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;
 
Affirms further the necessity
 
For guaranteeing freedom of navigation through international waterways in the area;
 
For achieving a just settlement of the refugee problem;
 
For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;
 
Requests the Secretary General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;
 
Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.

 

 

 

 

 #5. United Nations General Assembly Resolution 338, adopted on October 22, 1973

 

 

The Security Council
 
1. Calls upon all parties to the present fighting to cease all firing and terminate all military activity immediately, no later than 12 hours after the moment of the adoption of this decision, in the positions they now occupy;
 
2. Calls upon the parties concerned to start immediately after the cease-fire the implementation of Security Council resolution 242 (1967) in all of its parts;
 
3. Decides that, immediately and concurrently with the cease-fire, negotiations shall start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East.


 


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