UN Disengagement Observer Force

The Security Council also met twice during the year to renew for 6 months the mandate of the UN Disengagement Observer Force (UNDOF) operating on the Golan Heights between Israeli and Syrian forces. On May 31 the Council adopted resolution 665, which extended UNDOF's mandate until November 30. The Council voted again November 30 to extend the mandate another 6 months. In both cases, the vote was unanimous, 15 (U.S.) to 0.

In his reports to the Security Council on UNDOF operations, the Secretary General noted:

Despite the present quiet in the Israel-Syria sector, the situation in the Middle East as a whole continues to be potentially dangerous and is likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem can be reached.

In both May and November, the President of the Security Council issued a brief statement indicating that this observation by the Secretary General reflected the views of the Security Council.

GENERAL ASSEMBLY CONSIDERATION

Israeli Credentials

There was no challenge to Israel's credentials in 1990. The General Assembly did not act on the Credentials Committee report to accept credentials of UN member states during the 45th General Assembly.

Situation in the Middle East

The General Assembly adopted three resolutions in December under the agenda item "The Situation in the Middle East." Of the three the United States voted against two and abstained on one.

The first, which the United States opposed, concerned the occupied territories. (Resolution 45/83 A.) It reaffirmed that just and lasting peace in the region could not be achieved without "immediate, unconditional and total withdrawal of Israel from the Palestinian territory occupied since 1967, including Jerusalem"; endorsed the exercise of the inalienable rights of the Palestinian people, including "the right to return and the right to self-determination, national independence and the establishment of its independent sovereign state in Palestine"; deplored Israel's failure to comply with earlier resolutions of the Security Council and the General Assembly; declared Israel's annexation of Jerusalem null and void; condemned Israel's policies and practices against the Palestinian people in the territories, including land expropriation and establishment of settlements; condemned imposition of Israeli law in the Golan Heights; and called on all states to end any military, economic, financial and technical aid to Israel, and specifically condemned "increasing collaboration between Israel and the racist

regime of South Africa." The resolution also called for the convening of an international peace conference on the Middle East, under UN auspices, with the participation of the Permanent Members of the Security Council and all parties to the conflict, including the PLO as "the sole legitimate representative of the Palestinian people," on an equal footing. Resolution 45/83 A was adopted as a whole by a vote of 99 to 19 (U.S.), with 32 abstentions.

The United States requested a separate vote on operative paragraph 10, which mentioned the United States by name and denounced various cooperative agreements between the United States and Israel. The Assembly vote to retain the paragraph was by the narrowest margin ever, 52 to 37 (U.S.), with 49 abstentions.

The second draft resolution, adopted as resolution 45/83 B, specifically addressed the Golan Heights. Strongly condemning Israel for its failure to comply with relevant Security Council and General Assembly resolutions, it declared that Israel's continuing occupation of the Golan constitutes "an act of aggression" under the provisions of the UN Charter and a continuing threat to international peace and security. The resolution determined that "Israel's record, policies and actions confirm that it is not a peace-loving member state." It further called on member states to suspend all military, economic, financial and technical assistance to Israel, and to sever all diplomatic, trade and cultural relations as well. Resolution 45/83 B was adopted 84 to 23 (U.S.), with 41 abstentions.

The third, adopted as 45/83 C by a vote of 145 to 1, with 4 abstentions (U.S.), concerned the status of Jerusalem. It declared Israel's annexation of the city "illegal and therefore null and void," and deplored the transfer of diplomatic missions to Jerusalem by some states in violation of Security Council resolution 378 (1980).

In explanation of the U.S. votes, the U.S. Alternate Representative underscored the need to achieve a comprehensive settlement of the Arab-Israeli dispute. He stated the U.S. had "stressed a practical approach of negotiations as a way to bridge differences," based upon Security Council resolutions 242 and 338 and the principles of "territory for peace, security and recognition for Israel, and the legitimate political rights of the Palestinian people." He further explained that the United States could not support resolutions 45/83 A and 45/83 B because they were "highly objectionable in tone" and contained "unbalanced, harsh condemnation of Israel" which does not contribute to the peace process or the creation of a positive atmosphere for negotiations. Regarding 45/83 C, he said the U.S. abstained "because we believe that the status of Jerusalem should be determined by means of negotiations among the parties concerned and as part of an overall peace settlement."

Question of Palestine

The three resolutions adopted under the item "Question of Palestine" as well as resolutions on the "International Peace Conference on the Middle East" and "The

uprising (Intifadah) of the Palestinian people" were all virtually identical to those of previous UN General Assemblies.

The first resolution on the "Question of Palestine," resolution 45/67 A, endorsed the efforts of the General Assembly's Committee on the Exercise of the Inalienable Rights of the Palestinian People, a body the United States has consistently opposed as serving only the partisan political aims of the PLO while ignoring or suppressing opposing points of view. The Assembly voted 122 to 2 (U.S.), with 23 abstentions, to adopt it. The second, resolution 45/67 B, which concerned the UN Secretariat's Division for Palestinian Rights, another body opposed by the United States on grounds of partisanship toward the PLO, was adopted 121 to 2 (U.S.), with 22 abstentions. The last, resolution 45/67 C, called on the Secretariat's Department of Public Information, in cooperation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, to continue its special information program on the Question of Palestine, with particular emphasis on public opinion in Europe and North America. It was adopted by a vote of 124 to 2 (U.S.), with 20 abstentions.

During the plenary debate on these resolutions, the U.S. Delegate delivered a right of reply to the Iraqi Delegation, which accused the United States of using the Security Council to protect Israel and supporting Israeli aggression in the area. He stated the Representative of Iraq had "distorted the record of the Security Council and the role of the United States in the Council," and added the United States voted "for texts that we believe will advance the cause of peace in the Middle East, and we vote against those that do not advance peace."

Resolution 45/68, "International Peace Conference on the Middle East," called for convening an international peace conference on the Middle East under UN auspices, "with the participation of all parties to the conflict, including the PLO, on an equal footing, and the five Permanent Members of the Security Council." This conference would be based on Security Council resolutions 242 and 338 and "the legitimate national rights of the Palestinian people, primarily the right to self-determination." The resolution affirmed several principles required for the achievement of peace, including withdrawal of Israel from the territories occupied in 1967 and dismantling of Israeli settlements in these territories. It further noted the "desire and endeavors to place the Palestinian territory occupied since 1967, including Jerusalem, under the supervision of the United Nations for a limited period." By a vote of 144 to 2 (U.S.) it was adopted. The United States opposed resolution 45/68 because it dictated a prescribed solution prior to the necessary direct negotiations between the parties.

Resolution 45/69 on "The uprising (Intifadah) of the Palestinian people," condemned "those policies and practices of Israel, the occupying Power, which violate the human rights of the Palestinian people," and strongly deplored

Israel's continuing disregard of relevant decisions of the Security Council. It further demanded Israel abide by provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, and requested the Security Council consider with urgency the situation in the occupied territories regarding measures needed to provide international protection to the Palestinian civilians. The resolution was approved 141 to 2 (U.S.), with 3 abstentions.

The plight of the Palestinian people has the highest concern of the United States, but in resolution 45/69 it objected to a one-sided view of the difficult situation in the occupied territories, which neither helps alleviate conditions, nor makes a practical contribution to resolving underlying problems.

Israeli Practices in the Occupied Territories

The Special Political Committee took up consideration in November of the agenda item on Israeli practices in the occupied territories. As in previous years, there were seven draft resolutions, all of which were approved and adopted by the plenary in December. The United States voted against three of them and abstained on the other four.

Resolution 45/74 A strongly condemned a long list of alleged Israeli practices in the occupied territories, e.g., "ill-treatment and torture of children and minors under detention." It was approved by a vote of 101 to 2 (U.S.), with 43 abstentions. In an explanation of vote in Committee, the U.S. Adviser expressed strong U.S. objection to the resolution's sweeping condemnation of a long list of unsubstantiated allegations about Israeli practices. He also stated the United States objected to the expense the Special Political Committee imposed on the UN budget, particularly when its financial resources were so

scarce.

Resolution 45/74 B reaffirmed the applicability of the Fourth Geneva Convention to the occupied territories, condemned Israel's failure to acknowledge the convention so applies, and demanded Israel accept and comply with its provisions. The vote was 145 to 1, with 1 abstention (U.S.). The United States supported operative paragraph 1 reaffirming the Geneva Convention but noted it abstained because the resolution's strident rhetoric did nothing to resolve problems it sought to address.

Resolution 45/74 C deplored measures taken by Israel to change the legal status, geographical nature and demographic composition of the occupied territories, citing in particular the establishment of settlements. It was approved 144 to 1, with 1 abstention (U.S.). The U.S. abstention reflected the U.S. view that debate over legalities of Israeli settlements "only diverts attention from the real task of promoting peace through direct negotiations." At the same time, the United States reaffirmed its opposition to further settlement activity in the territories.

Resolution 45/74 D deplored Israel's arbitrary detention or imprisonment of Palestinians, and called on Israel to "release all Palestinians and Arabs arbitrarily detained and imprisoned as a result of their resistance against occupation in order to attain self-determination." The resolution was approved 144 to 2 (U.S.), with 0 abstentions. Noting our consistent opposition to the practice of widespread administrative detention, the United States said it would, nevertheless, vote against the resolution because it failed to recognize legitimate security problems in the occupied territories, i.e., the resolution called for release of all those detained or imprisoned for activities related to resistance against the occupation—a sweeping demand that appeared to condone acts of violence and other criminal conduct.

Resolution 45/74 E focused on deportation. It strongly deplored Israel's continuing disregard for relevant UN decisions concerning applicability of the Fourth Geneva Convention, which prohibits deportations of protected persons from occupied territories. The resolution demanded Israel rescind deportation orders previously carried out, facilitate the return of those deported, and desist from future deportations. The resolution was approved by a vote of 145 to 1, with 1 abstention (U.S.). The United States reaffirmed its position that Israel's deportation of Palestinian residents is inconsistent with provisions of the Fourth Geneva Convention, and that those deported should be permitted to return. Nevertheless, the United States abstained because the harsh polemical tone did not contribute to a solution to the problem.

Resolution 45/74 F determined Israel's decision to extend its laws to the occupied Golan Heights was "null and void and without international legal effect," and demanded that Israel rescind the decision. The resolution also condemned Israel's persistence in "changing the physical character, demographic composition, institutional structure and legal status" of the Golan Heights. The vote in favor was 144 to 1, with 2 abstentions (U.S.). Despite continuing U.S. support for Security Council resolution 497 (1981) declaring Israel's decision to impose its laws in the Golan Heights as null and void, the United States abstained because the resolution contained harsh and unbalanced rhetoric. In so doing, the United States reiterated its view the Golan problem must be resolved through negotiations in accordance with Security Council resolutions 242 and 338.

Finally, resolution 45/74 G condemned Israeli policies and practices directed against students and faculty in the territories, "especially the opening of fire on defenseless students, causing many casualties." It further condemned the "systematic Israeli campaign of repression against the closing of universities, schools and other educational institutions." The resolution was approved by a vote of 145 to 2 (U.S.), with 0 abstentions. The United States opposed this resolution because its sweeping condemnations of Israeli policies and practices were unjustified and counterproductive.