Security Council resolution 1544 (2004) [on the humanitarian situation of Palestinians made homeless in the Rafah refugee camp]
Symbol: S/RES/1544(2004)
Date: 2004-05-19
Meeting record: S/PV.4972
Subjects: Road Map to a Permanent Two-State Solution to the Israeli-Palestinian Conflict|Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949)|ARMED INCIDENTS|HUMANITARIAN ASSISTANCE|GAZA STRIP|ISRAEL|TERRITORIES OCCUPIED BY ISRAEL|DESTRUCTION OF PROPERTY|REFUGEE CAMPS|INTERNATIONAL OBLIGATIONS|HUMANITARIAN EMERGENCIES|PALESTINE QUESTION|MIDDLE EAST SITUATION|PALESTINIANS|HUMAN RIGHTS IN ARMED CONFLICTS
Notes: Issued in: Resolutions and decisions of the Security Council, 1 August 2003-31 July 2004 - S/INF/59 - (SCOR, 59th year).
Summary: Calls on Israel to respect its obligations under international humanitarian law, and insists, in particular, on its obligation not to undertake demolition of homes contrary to that law; expresses grave concern regarding the humanitarian situation of Palestinians made homeless in the Rafah area and calls for the provision of emergency assistance to them; calls for the cessation of violence and for respect of and adherence to legal obligations, including those under international humanitarian law; calls on both parties to immediately implement their obligations under the Roadmap; decides to remain seized of the matter.

United Nations                                                                       S/RES/1544 (2004)
               Security Council                                                   Distr.: General
                                                                                  19 May 2004




               Resolution 1544 (2004)
               Adopted by the Security Council at its 4972nd meeting,
               on 19 May 2004

                       The Security Council,
                    Reaffirming its previous resolutions 242 (1967), 338 (1973), 446 (1979), 1322
               (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435 (2002), and 1515
               (2003),
                    Reiterating the obligation of Israel, the occupying Power, to abide
               scrupulously by its legal obligations and responsibilities under the Fourth Geneva
               Convention relative to the Protection of Civilian Persons in Time of War of
               12 August 1949,
                     Calling on Israel to address its security needs within the boundaries of
               international law,
                     Expressing its grave concern at the continued deterioration of the situation on
               the ground in the territory occupied by Israel since 1967,
                       Condemning the killing of Palestinian civilians that took place in the Rafah
               area,
                    Gravely concerned by the recent demolition of homes committed by Israel, the
               occupying Power, in the Rafah refugee camp,
                     Recalling the obligations of the Palestinian Authority and the Government of
               Israel under the Road Map,
                       Condemning all acts of violence, terror and destruction,
                    Reaffirming its support for the Road Map, endorsed in its resolution 1515
               (2003),
                     1.   Calls on Israel to respect its obligations under international humanitarian
               law, and insists, in particular, on its obligation not to undertake demolition of homes
               contrary to that law;
                    2.    Expresses grave concern regarding the humanitarian situation of
               Palestinians made homeless in the Rafah area and calls for the provision of
               emergency assistance to them;


04-35721 (E)
*0435721*

S/RES/1544(2004)


                     3.   Calls for the cessation of violence and for respect of and adherence to
               legal obligations, including those under international humanitarian law;
                    4.   Calls on both parties to immediately implement their obligations under
               the Road Map;
                    5.   Decides to remain seized of the matter.




2

Texto español (official Spanish version): Naciones Unidas                                                                S/RES/1544 (2004)
               Consejo de Seguridad                                           Distr. general
                                                                              19 de mayo de 2004




               Resolución 1544 (2004)
               Aprobada por el Consejo de Seguridad en su 4972ª sesión,
               el 19 de mayo de 2004

                    El Consejo de Seguridad,
                    Reafirmando sus resoluciones anteriores 242 (1967), 338 (1973), 446 (1979),
               1322 (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435 (2002) y
               1515 (2003),
                    Reiterando la obligación de Israel, la Potencia ocupante, de cumplir escrupulosamente las obligaciones y responsabilidades jurídicas que le incumben en virtud
               del Cuarto Convenio de Ginebra relativo a la protección de personas civiles en tiempo
               de guerra, de 12 de agosto de 1949,
                     Exhortando a Israel a que atienda a sus necesidades de seguridad dentro de los
               límites del derecho internacional,
                     Expresando su grave preocupación por el continuo empeoramiento de la situación sobre el terreno en el territorio ocupado por Israel desde 1967,
                    Condenando la matanza de civiles palestinos ocurrida en la zona de Rafah,
                     Gravemente preocupado por la reciente demolición de viviendas llevada a cabo
               por Israel, la Potencia ocupante, en el campamento de refugiados de Rafah,
                    Recordando las obligaciones que recaen sobre la Autoridad Palestina y el
               Gobierno de Israel con arreglo a la hoja de ruta,
                    Condenando todos los actos de violencia, terror y destrucción,
                    Reafirmando su apoyo a la hoja de ruta, que hizo suya en su resolución 1515
               (2003),
                    1.   Pide a Israel que respete las obligaciones que le impone el derecho internacional humanitario, e insiste, en particular en su obligación de no proceder a
               la demolición de viviendas en violación de ese derecho;
                     2.   Expresa su grave preocupación por la situación humanitaria de los palestinos que han quedado sin hogar en la zona de Rafah y pide que se preste asistencia
               de emergencia a esas personas;




04-35724 (S)
*0435724*

S/RES/1544 (2004)


                    3.   Pide que se ponga fin a la violencia y que se respeten y observen las
               obligaciones jurídicas, en particular las previstas en el derecho internacional
               humanitario;
                    4.    Exhorta a ambas partes a que cumplan de inmediato las obligaciones que
               recaen sobre ellas con arreglo a la hoja de ruta;
                    5.   Decide seguir ocupándose de la cuestión.




2                                                                                                  0435724s.doc

Texte français (official French version): Nations Unies                                                                       S/RES/1544 (2004)
               Conseil de sécurité                                               Distr. générale
                                                                                 19 mai 2004




               Résolution 1544 (2004)
               Adoptée par le Conseil de sécurité à sa 4972e séance,
               le 19 mai 2004

                    Le Conseil de sécurité,
                    Réaffirmant ses résolutions antérieures 242 (1967), 338 (1973), 446 (1979),
               1322 (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435 (2002) et
               1515 (2003),
                     Réaffirmant qu’Israël, puissance occupante, est tenu de respecter
               scrupuleusement ses obligations et responsabilités juridiques découlant de la
               quatrième Convention de Genève relative à la protection des personnes civiles en
               temps de guerre, du 12 août 1949,
                     Demandant à Israël de faire face à ses besoins en matière de sécurité dans les
               limites du droit international,
                     Se déclarant gravement préoccupé par la dégradation continue de la situation
               sur le terrain, dans le territoire occupé par Israël depuis 1967,
                    Condamnant la mort de civils palestiniens tués dans la zone de Rafah,
                    Gravement préoccupé par la destruction d’habitations à laquelle s’est
               récemment livré Israël, puissance occupante, dans le camp de réfugiés de Rafah,
                     Rappelant les obligations qu’impose la Feuille de route à l’Autorité
               palestinienne et au Gouvernement israélien,
                    Condamnant tous les actes de violence, de terreur et de destruction,
                     Réaffirmant son soutien à la Feuille de route, qu’il a endossée dans sa
               résolution 1515 (2003),
                     1.    Demande à Israël de respecter les obligations que lui impose le droit
               humanitaire international et souligne en particulier l’obligation qui lui est faite de ne
               pas se livrer aux destructions d’habitations, qui sont contraires à ce droit;
                    2.    Se déclare gravement préoccupé par la situation humanitaire des
               Palestiniens privés de leurs abris dans la zone de Rafah et lance un appel afin
               qu’une aide d’urgence leur soit fournie;




04-35722 (F)
*0435722*

S/RES/1544 (2004)


                    3.   Demande qu’il soit mis fin à la violence et que soient respectées et
              appliquées les obligations juridiques, y compris celles découlant du droit
              international humanitaire;
                   4.    Demande aux deux parties de s’acquitter immédiatement de leurs
              obligations en application de la Feuille de route;
                    5.   Décide de demeurer saisi de la question.




2                                                                                               0435722f.doc

Русский текст (official Russian version): Организация Объединенных Наций                                                         S/RES/1544 (2004)
            Совет Безопасности                                       Distr.: General
                                                                     19 May 2004




            Резолюция 1544 (2004),
            принятая Советом Безопасности на его 4972-м заседании
            19 мая 2004 года

                 Совет Безопасности,
                 подтверждая свои предыдущие резолюции 242 (1967), 338 (1973), 446
            (1979), 1322 (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435
            (2002) и 1515 (2003),
                 подтверждая обязанность Израиля, оккупирующей державы, строго со-
            блюдать свои правовые обязательства и свои обязанности в соответствии с чет-
            вертой Женевской конвенцией о защите гражданского населения во время вой-
            ны от 12 августа 1949 года,
                  призывая Израиль удовлетворять свои потребности в области безопасно-
            сти, не выходя за рамки международного права,
                 выражая глубокую обеспокоенность в связи с дальнейшим ухудшением
            обстановки на местах на территории, оккупированной Израилем с 1967 года,
                 осуждая убийство палестинских мирных жителей в районе Рафаха,
                выражая глубокую обеспокоенность в связи с недавней операцией по раз-
            рушению домов, проведенной Израилем, оккупирующей державой, в лагере
            беженцев Рафах,
                 напоминая об обязательствах Палестинского органа и правительства Из-
            раиля по «Дорожной карте»,
                 осуждая все акты насилия, террора и разрушения,
                вновь заявляя о своей поддержке «Дорожной карты», одобренной в его ре-
            золюции 1515 (2003),
                 1.   призывает Израиль уважать свои обязательства по международному
            гуманитарному праву и настаивает, в частности, на выполнении его обяза-
            тельства не предпринимать действия по разрушению домов, противоречащие
            этому праву;
                2.   выражает глубокую обеспокоенность в связи с гуманитарным по-
            ложением лишившихся крова палестинцев в районе Рафаха и призывает к ока-
            занию им чрезвычайной помощи;


04-35723 (R) 190504 190504
*0435723*

S/RES/1544 (2004)


                   3.   призывает к прекращению насилия и уважению и соблюдению пра-
               вовых обязательств, в том числе обязательств по международному гуманитар-
               ному праву;
                    4.   призывает обе стороны незамедлительно выполнить свои обязатель-
               ства по «Дорожной карте»;
                    5.   постановляет продолжать заниматься этим вопросом.




2

中文文本 (official Chinese version): 联合国                                                        S/RES/1544 (2004)
        安全理事会                                    Distr.: General
                                                 19 May 2004




        第 1544（2004）号决议
        2004 年 5 月 19 日安全理事会第 4972 次会议通过

           安全理事会，

          重申其第 242（1967）号、第 338（1973）号、第 446（1979）号、第 1322（2000）
        号、第 1397（2002）号、第 1402（2002）号、第 1403（2002）号、第 1405（2002）
        号、第 1435（2002）号和第 1515（2003）号等以往各项决议，

          再次申明占领国以色列有义务严格遵守 1949 年 8 月 12 日《关于战时保护平
        民的日内瓦第四公约》规定的法律义务和责任，

           呼吁以色列在国际法的范围内处理其安全需要，

           表示严重关切自 1967 年以来被以色列占领的领土上局势继续恶化，

           谴责在拉法地区屠杀巴勒斯坦平民的行为，

           严重关切占领国以色列在拉法难民营摧毁住房，

           回顾巴勒斯坦权力机构和以色列政府根据《路线图》承担的义务，

           谴责一切暴力、恐怖和破坏行为，

           重申支持其第 1515（2003）号决议赞同的《路线图》，

          1． 呼吁以色列尊重国际人道主义法规定的义务,特别是坚决主张它有义务
        不违反国际人道主义法摧毁住房；

          2. 表示严重关切拉法地区巴勒斯坦无家可归者的人道主义局势，要求向他
        们提供紧急援助；

          3.    要求停止暴力行为并尊重和遵守法律义务，包括国际人道主义法规定的
        义务；

           4.   呼吁双方立即履行《路线图》规定的义务；

           5.   决定继续处理此案。


04-35720 (C)
*0435720*

S/RES/1544 (2004)




2

النص العربي (official Arabic version): ‫)‪S/RES/1544 (2004‬‬                                                                           ‫ﺍﻷﻣــﻢ ﺍﳌﺘﺤـﺪﺓ‬
‫‪Distr.: General‬‬
‫‪19 May 2004‬‬                                                                           ‫ﳎﻠﺲ ﺍﻷﻣﻦ‬



                                                                               ‫ﺍﻟﻘﺮﺍﺭ ‪(٢٠٠٤) ١٥٤٤‬‬
                  ‫ﺍﻟﺬﻱ ﺍﲣﺬﻩ ﳎﻠﺲ ﺍﻷﻣﻦ ﰲ ﺟﻠﺴﺘﻪ ‪ ٤٩٧٢‬ﺍﳌﻌﻘﻮﺩﺓ ﰲ ‪ ١٩‬ﺃﻳﺎﺭ‪/‬ﻣﺎﻳﻮ ‪٢٠٠٤‬‬
                                                                                    ‫ﺇﻥ ﳎﻠﺲ ﺍﻷﻣﻦ‪،‬‬
              ‫ﺇﺫ ﻳﻌﻴـــــﺪ ﺗﺄﻛﻴـــــﺪ ﻗﺮﺍﺭﺍﺗـــــﻪ ﺍﻟﺴـــــﺎﺑﻘﺔ ‪ ،(١٩٦٧) ٢٤٢‬ﻭ ‪ ،(١٩٧٣) ٣٣٨‬ﻭ ‪٤٤٦‬‬
              ‫)‪ ،(١٩٧٩‬ﻭ ‪ ،(٢٠٠٠) ١٣٢٢‬ﻭ ‪ ،(٢٠٠٢) ١٣٩٧‬ﻭ ‪ ، (٢٠٠٢) ١٤٠٢‬ﻭ ‪١٤٠٣‬‬
                          ‫)‪ ،(٢٠٠٢‬ﻭ ‪ ،(٢٠٠٢) ١٤٠٥‬ﻭ ‪ (٢٠٠٢) ١٤٣٥‬ﻭ ‪،(٢٠٠٣) ١٥١٥‬‬
              ‫ﻭﺇﺫ ﻳﻌﻴــﺪ ﺗﺄﻛﻴــﺪ ﺃﻧــﻪ ﻣــﻦ ﻭﺍﺟــﺐ ﺇﺳــﺮﺍﺋﻴﻞ‪ ،‬ﺍﻟﺴــﻠﻄﺔ ﺍﻟﻘﺎﺋﻤــﺔ ﺑــﺎﻻﺣﺘﻼﻝ‪ ،‬ﺍﻟﺘﻘﻴــﺪ ﺗﻘﻴــﺪﺍ‬
              ‫ﺻــﺎﺭﻣﺎ ﺑﺎﻻﻟﺘﺰﺍﻣــﺎﺕ ﻭﺍﳌﺴــﺆﻭﻟﻴﺎﺕ ﺍﻟﻘﺎﻧﻮﻧﻴــﺔ ﲟﻮﺟــﺐ ﺍﺗﻔﺎﻗﻴــﺔ ﺟﻨﻴــﻒ ﺍﻟﺮﺍﺑﻌــﺔ ﺍﳌﺘﻌﻠﻘــﺔ ﲝﻤﺎﻳــﺔ‬
                                      ‫ﺍﻷﺷﺨﺎﺹ ﺍﳌﺪﻧﻴﲔ ﰲ ﻭﻗﺖ ﺍﳊﺮﺏ ﻭﺍﳌﺆﺭﺧﺔ ‪ ١٢‬ﺁﺏ‪/‬ﺃﻏﺴﻄﺲ ‪،١٩٤٩‬‬
                           ‫ﻭﺇﺫ ﻳﺪﻋﻮ ﺇﺳﺮﺍﺋﻴﻞ ﺇﱃ ﻣﻌﺎﳉﺔ ﺍﺣﺘﻴﺎﺟﺎﻬﺗﺎ ﺍﻷﻣﻨﻴﺔ ﰲ ﻧﻄﺎﻕ ﺍﻟﻘﺎﻧﻮﻥ ﺍﻟﺪﻭﱄ‪،‬‬
              ‫ﻭﺇﺫ ﻳﻌﺮﺏ ﻋﻦ ﻗﻠﻘـﻪ ﺍﻟﺒـﺎﻟﻎ ﻻﺳـﺘﻤﺮﺍﺭ ﺗـﺪﻫﻮﺭ ﺍﳊﺎﻟـﺔ ﰲ ﺍﳌﻴـﺪﺍﻥ ﰲ ﺍﻷﺭﺽ ﺍﻟـﱵ ﲢﺘﻠـﻬﺎ‬
                                                                              ‫ﺇﺳﺮﺍﺋﻴﻞ ﻣﻨﺬ ﻋﺎﻡ ‪،١٩٦٧‬‬
                                    ‫ﻭﺇﺫ ﻳﺪﻳﻦ ﻗﺘﻞ ﺍﳌﺪﻧﻴﲔ ﺍﻟﻔﻠﺴﻄﻴﻨﻴﲔ ﺍﻟﺬﻱ ﺣﺪﺙ ﰲ ﻣﻨﻄﻘﺔ ﺭﻓﺢ‪،‬‬
              ‫ﻭﺇﺫ ﻳﺴﺎﻭﺭﻩ ﺑﺎﻟﻎ ﺍﻟﻘﻠﻖ ﺇﺯﺍﺀ ﻣﺎ ﻗﺎﻣﺖ ﺑﻪ ﻣﺆﺧﺮﺍ ﺇﺳﺮﺍﺋﻴﻞ‪ ،‬ﺍﻟﺴـﻠﻄﺔ ﺍﻟﻘﺎﺋﻤـﺔ ﺑـﺎﻻﺣﺘﻼﻝ‪،‬‬
                                                              ‫ﻣﻦ ﺗﺪﻣﲑ ﻟﻠﻤﻨﺎﺯﻝ ﰲ ﳐﻴﻢ ﺭﻓﺢ ﻟﻼﺟﺌﲔ‪،‬‬
              ‫ﻭﺇﺫ ﻳﺸــﲑ ﺇﱃ ﺍﻻﻟﺘﺰﺍﻣــﺎﺕ ﺍﳌﻨﻮﻃــﺔ ﺑﺎﻟﺴــﻠﻄﺔ ﺍﻟﻔﻠﺴــﻄﻴﻨﻴﺔ ﻭﺣﻜﻮﻣــﺔ ﺇﺳــﺮﺍﺋﻴﻞ ﲟﻮﺟــﺐ‬
                                                                                          ‫ﺧﺮﻳﻄﺔ ﺍﻟﻄﺮﻳﻖ‪،‬‬
                                                  ‫ﻭﺇﺫ ﻳﺪﻳﻦ ﲨﻴﻊ ﺃﻋﻤﺎﻝ ﺍﻟﻌﻨﻒ ﻭﺍﻹﺭﻫﺎﺏ ﻭﺍﻟﺘﺪﻣﲑ‪،‬‬
              ‫ﻭﺇﺫ ﻳﻌﻴـــﺪ ﺗﺄﻛﻴـــﺪ ﺗﺄﻳﻴـــﺪﻩ ﳋﺮﻳﻄـــﺔ ﺍﻟﻄﺮﻳـــﻖ‪ ،‬ﺍﻟـــﱵ ﺻـــﺎﺩﻕ ﻋﻠﻴﻬـــﺎ ﰲ ﻗـــﺮﺍﺭﻩ ‪١٥١٥‬‬
                                                                                                      ‫)‪،(٢٠٠٣‬‬

                                                                                                                  ‫)‪04-35719 (A‬‬
                                                                                                    ‫*‪*0435719‬‬

                                                                                                              ‫)‪S/RES/1544 (2004‬‬


           ‫‪ - ١‬ﻳﻄﺎﻟﺐ ﺇﺳﺮﺍﺋﻴﻞ ﺑـﺎﺣﺘﺮﺍﻡ ﺍﻟﺘﺰﺍﻣﺎﻬﺗـﺎ ﲟﻮﺟـﺐ ﺍﻟﻘـﺎﻧﻮﻥ ﺍﻟـﺪﻭﱄ ﺍﻹﻧﺴـﺎﱐ ﻭﻳﺼـﺮ‪،‬‬
                        ‫ﺑﻮﺟﻪ ﺧﺎﺹ‪ ،‬ﻋﻠﻰ ﺿﺮﻭﺭﺓ ﺍﻟﺘﺰﺍﻣﻬﺎ ﺑﻌﺪﻡ ﻫﺪﻡ ﺍﳌﻨﺎﺯﻝ ﰲ ﳐﺎﻟﻔﺔ ﻟﺬﻟﻚ ﺍﻟﻘﺎﻧﻮﻥ؛‬
           ‫‪ - ٢‬ﻳﻌــﺮﺏ ﻋــﻦ ﺑــﺎﻟﻎ ﺍﻟﻘﻠــﻖ ﺇﺯﺍﺀ ﺍﳊﺎﻟــﺔ ﺍﻹﻧﺴــﺎﻧﻴﺔ ﻟﻠﻔﻠﺴــﻄﻴﻨﻴﲔ ﺍﻟــﺬﻳﻦ ﺃﺻــﺒﺤﻮﺍ‬
                                           ‫ﺑﻼ ﻣﺄﻭﻯ ﰲ ﻣﻨﻄﻘﺔ ﺭﻓﺢ ﻭﻳﺪﻋﻮ ﺇﱃ ﻣﺪﻫﻢ ﺑﺎﳌﺴﺎﻋﺪﺓ ﺍﻟﻌﺎﺟﻠﺔ؛‬
           ‫‪ - ٣‬ﻳﺪﻋﻮ ﺇﱃ ﻭﻗﻒ ﺍﻟﻌﻨﻒ ﻭﺍﺣﺘـﺮﺍﻡ ﺍﻻﻟﺘﺰﺍﻣـﺎﺕ ﺍﻟﻘﺎﻧﻮﻧﻴـﺔ ﻭﺍﻟﺘﻘﻴـﺪ ﻬﺑـﺎ ﲟـﺎ ﰲ ﺫﻟـﻚ‬
                                                   ‫ﺍﻻﻟﺘﺰﺍﻣﺎﺕ ﺍﳌﻨﺼﻮﺹ ﻋﻠﻴﻬﺎ ﰲ ﺍﻟﻘﺎﻧﻮﻥ ﺍﻟﺪﻭﱄ ﺍﻹﻧﺴﺎﱐ؛‬
           ‫ﻳــــﺪﻋﻮ ﺍﻟﻄــــﺮﻓﲔ ﺇﱃ ﺗﻨﻔﻴــــﺬ ﺍﻻﻟﺘﺰﺍﻣــــﺎﺕ ﺍﳌﻨﻮﻃــــﺔ ﻬﺑﻤــــﺎ ﲟﻮﺟــــﺐ ﺧﺮﻳﻄــــﺔ‬   ‫‪-٤‬‬
                                                                                                   ‫ﺍﻟﻄﺮﻳﻖ ﻓﻮﺭﹰﺍ؛‬
                                                             ‫ﻳﻘﺮﺭ ﺃﻥ ﻳﺒﻘﻲ ﺍﳌﺴﺄﻟﺔ ﻗﻴﺪ ﻧﻈﺮﻩ‪.‬‬         ‫‪-٥‬‬




‫‪04-35719‬‬                                                                                                                     ‫‪2‬‬

Draft resolution (S/2004/400):
United Nations                                                                            S/2004/400
            Security Council                                                   Distr.: General
                                                                               19 May 2004

                                                                               Original: English




            Algeria and Yemen: draft resolution
                    The Security Council,
                 Reaffirming its previous resolutions 242 (1967), 338 (1973), 446 (1979), 1322
            (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435 (2002), and 1515
            (2003),
                 Reiterating the obligation of Israel, the occupying Power, to abide
            scrupulously by its legal obligations and responsibilities under the Fourth Geneva
            Convention relative to the Protection of Civilian Persons in Time of War of
            12 August 1949,
                  Calling on Israel to address its security needs within the boundaries of
            international law,
                  Expressing its grave concern at the continued deterioration of the situation on
            the ground in the territory occupied by Israel since 1967,
                    Condemning the killing of Palestinian civilians that took place in the Rafah
            area,
                 Gravely concerned by the recent demolition of homes committed by Israel, the
            occupying Power, in the Rafah refugee camp,
                  Recalling the obligations of the Palestinian Authority and the Government of
            Israel under the Road Map,
                    Condemning all acts of violence, terror and destruction,
                 Reaffirming its support for the Road Map, endorsed in its resolution 1515
            (2003),
                  1.   Calls on Israel to respect its obligations under international humanitarian
            law, and insists, in particular, on its obligation not to undertake demolition of homes
            contrary to that law;
                 2.    Expresses grave concern regarding the humanitarian situation of
            Palestinians made homeless in the Rafah area and calls for the provision of
            emergency assistance to them;
                  3.   Calls for the cessation of violence and for respect of and adherence to
            legal obligations, including those under international humanitarian law;
                 4.   Calls on both parties to immediately implement their obligations under
            the Road Map;
                    5.   Decides to remain seized of the matter.



04-35715 (E) 190504
*0435715*

Meeting record:
United Nations                                                                                                       S/PV.4972
               Security Council                                                                                                     Provisional
               Fifty-ninth year

               4972    nd meeting
               Wednesday, 19 May 2004, 5.25 p.m.
               New York




President:     Mr. Akram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Pakistan)

Members:       Algeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     Mr. Baali
               Angola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      Mr. Gaspar Martins
               Benin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     Mr. Adechi
               Brazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    Mr. Sardenberg
               Chile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   Mr. Muñoz
               China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     Mr. Cheng Jingye
               France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    Mr. Duclos
               Germany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       Mr. Pleuger
               Philippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       Mr. Baja
               Romania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       Mr. Motoc
               Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            Mr. Konuzin
               Spain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   Mr. Yañez Barnuevo
               United Kingdom of Great Britain and Northern Ireland . . . . .                                Sir Emyr Jones Parry
               United States of America . . . . . . . . . . . . . . . . . . . . . . . . . . .                Mr. Cunningham


Agenda

               The situation in the Middle East, incuding the Palestinian question
                       Letter dated 17 May 2004 from the Permanent Representative of Yemen to the
                       United Nations addressed to the President of the Security Council
                       (S/2004/393)




               This record contains the text of speeches delivered in English and of the interpretation of
               speeches delivered in the other languages. The final text will be printed in the Official Records
               of the Security Council. Corrections should be submitted to the original languages only. They
               should be incorporated in a copy of the record and sent under the signature of a member of the
               delegation concerned to the Chief of the Verbatim Reporting Service, room C-154A.

04-35703 (E)
*0435703*

S/PV.4972


     The meeting was called to order at 5.25 p.m.               At the invitation of the President, Mr. Al-Kidwa
                                                                (Palestine) took a seat at the Council table.
Adoption of the agenda                                           The President: The Security Council will begin
                                                           its consideration of the item on its agenda. The Council
     The agenda was adopted.
                                                           is meeting in response to the request contained in a
                                                           letter dated 17 May 2004 from the Permanent
The situation in the Middle East, including the
                                                           Representative of Yemen, which has been issued as
Palestinian question
                                                           document S/2004/393.
     Letter dated 17 May 2004 from the Permanent                 Members of the Council have before them
     Representative of Yemen to the United Nations         document S/2004/400, which contains the text of a
     addressed to the President of the Security            draft resolution submitted by Algeria and Yemen.
     Council (S/2004/393)
                                                                 I should also like to draw attention to the
      The President: I should like to inform the           identical letters dated 17 May 2004 addressed to the
Council that I have received a letter from the             Secretary-General and the President of the Security
representative of Israel, in which he requests to be       Council from the Permanent Observer of Palestine,
invited to participate in the discussion of the item on    which have been issued as document S/2004/394.
the Council’s agenda. In conformity with the usual
                                                                I welcome the presence of the Secretary-General,
practice, I propose, with the consent of the Council, to
                                                           Mr. Kofi Annan, at this meeting.
invite that representative to participate in the
discussion, without the right to vote, in accordance             It is my understanding that the Council is ready to
with the relevant provisions of the Charter and rule 37    proceed to the vote on the draft resolution. Unless I
of the Council’s provisional rules of procedure.           hear any objection, I shall put the draft resolution to
                                                           the vote now.
     There being no objection, it is so decided.
                                                                There being no objection, it is so decided.
     At the invitation of the President, Mr. Gillerman
     (Israel) took a seat at the Council table.                 A vote was taken by show of hands.
     The President: I should like to inform the            In favour:
Council that I have received a letter dated 19 May 2004          Algeria, Angola, Benin, Brazil, Chile, China,
from the Permanent Observer of Palestine to the United           France, Germany, Pakistan, Philippines,
Nations, which will be issued as document S/2004/406,            Romania, Russian Federation, Spain, United
and which reads as follows:                                      Kingdom of Great Britain and Northern Ireland
           “I have the honour to request that, in          Abstaining:
     accordance with its previous practice, the                 United States of America
     Security Council invite the Permanent Observer
                                                                 The President: The result of the voting is as
     of Palestine to the United Nations to participate
                                                           follows: 14 votes in favour, none against and
     in the meeting of the Security Council being held
                                                           1 abstention. The draft resolution has been adopted as
     today, Wednesday, 19 May 2004, regarding the
                                                           resolution 1544 (2004).
     situation in the Middle East, including the
     Palestinian question.”                                     I shall now give the floor to those members of the
                                                           Council who wish to make statements following the
      I propose, with the consent of the Council, to
                                                           voting.
invite the Permanent Observer of Palestine to
participate in the meeting in accordance with the                 Mr. Baali (Algeria) (spoke in French): My
provisional rules of procedure and the previous            delegation welcomes the Security Council’s adoption
practice in this regard.                                   of a resolution on the situation in the Palestinian
                                                           territory, a resolution that unambiguously condemns
     There being no objection, it is so decided.
                                                           the killing that openly occurred in Rafah, where dozens
                                                           of unarmed civilians, including many children, have



2

                                                                                                                S/PV.4972


fallen victim to the bullets and the missiles of the         Palestinian civilians today in Gaza. While we believe
Israeli army, which has been caught red-handed in its        that Israel has the right to act to defend itself and its
barbaric acts before the cameras of the entire world.        citizens, we do not see that its operations in Gaza in the
We also welcome the fact that the Security Council has       past few days serve the purposes of peace and security.
expressed its grave concern at the large-scale               They have worsened the humanitarian situation and
demolition of homes, which is in flagrant violation of       have resulted in confrontations between Israeli forces
international law and the Fourth Geneva Convention,          and Palestinians, and have not, we believe, enhanced
and that the Council has called upon Israel to cease         Israel’s security.
such practices.
                                                                   We note that the Government of Israel has
      My delegation is particularly pleased that the         expressed its deep regret for what it called a tragic
Security Council, united today in its rejection of           event. These events, in fact, serve as a grim reminder
Israel’s scandalous conduct, has decided finally to send     of the wisdom of Israel disengaging from Gaza and
Israel a strong signal, long-awaited by the international    having its security presence replaced by reformed
community, that it cannot continue with impunity to          Palestinian security forces that will and must
flout the Council’s authority and to trample underfoot       themselves act to stop smuggling and halt terrorism.
the norms of international law. The international            The road map calls upon the Palestinian Authority to
community now expects Israel to abide by its will, to        “declare an unequivocal end to violence and terrorism
put an immediate end to its policy of aggression,            and undertake visible efforts on the ground to arrest,
destruction and provocation of the Palestinian people        disrupt, and restrain individuals and groups conducting
and to commit itself in good faith to abide by its           and planning violent acts on Israelis anywhere”
commitments, as laid out in the road map. In particular,     (S/2003/529, annex, p. 3), and to begin “sustained,
as requested at the Quartet meeting of 4 May, it must        targeted, and effective operations aimed at confronting
take certain steps:                                          all those engaged in terror and dismantlement of
                                                             terrorist capabilities and infrastructure” (ibid.).
(spoke in English)
                                                                   We have urged the Israeli Government to exercise
     “the Government of Israel should take no actions
                                                             maximum restraint now. All parties should find a
     undermining trust, including deportations; attacks
                                                             reason to calm the situation. We intend to consult
     on civilians; confiscation and/or demolition of
                                                             immediately with the relevant parties, which include
     Palestinian homes and property, as a punitive
                                                             Israel, the Palestinians and the Government of Egypt,
     measure or to facilitate Israeli construction;
                                                             about effective ways to move forward against the
     destruction of Palestinian institutions and
                                                             smuggling of arms into Gaza and terrorist activities
     infrastructure; and other measures specified in the
                                                             there, so as to create the best possible conditions on the
     Tenet work plan”.
                                                             ground, leading toward the disengagement that we
(spoke in French)                                            continue to favour.
     It is equally important, in that context, for Israel,         While we are clearly concerned about Israel’s
as called upon by the Secretary-General, to                  operations in Gaza, including the demolition of homes
immediately halt its military operations in Rafah and to     of innocent Palestinians and the deaths of Palestinian
withdraw its troops without delay. After today’s             civilians, we could not vote in favour of this resolution
butchery, Israel would be well advised to heed, for          because we do not believe it addresses sufficiently the
once, the voice of reason.                                   context of the recent events in Gaza. It is clear that
                                                             Palestinian terrorists have been smuggling weapons
      Finally, I would again like to thank all the
                                                             into Gaza through tunnels in Rafah. It is clear that the
members of the Security Council for their cooperation
                                                             Palestinian Authority has not taken serious action to
and for their support for the text we have adopted,
                                                             address this threat or to put an end to terrorist acts, as it
which demonstrates that the Council is able to meet its
                                                             is obligated to do under the road map. Because these
responsibilities and respond to the expectations of the
                                                             issues are not addressed in the resolution, the United
international community.
                                                             States abstained.
    Mr. Cunningham (United States of America):
We deeply regret the loss of life among innocent


                                                                                                                        3

S/PV.4972


      Mr. Konuzin (Russian Federation) (spoke in             settlement is in consultations with regional partners
Russian): The Security Council has just adopted a            and will work for the implementation of the decisions
resolution on the latest developments regarding the          adopted by the Quartet in New York on 4 May this
Palestinian-Israeli conflict. Guided by its fundamental      year.
principles, the Russian Federation supported the
                                                                   Mr. Duclos (France) (spoke in French): France
resolution.
                                                             voted in favour of the resolution just adopted because
     Russia expresses serious concern about the most         we believed it essential that the Security Council react
recent spiral of violence in the confrontation in the        swiftly and firmly in the light of the brutal
Palestinian territories. Israelis and Palestinians,          deterioration of the situation in Gaza. It was necessary
including women and children, continue to die. We            that the Council make an appeal to reason and restraint,
have noted with concern the events in Rafah, and we          as had already been done by the European Union and
have been particularly alarmed at Israel’s destruction of    by the Secretary-General, whose presence I welcome
Palestinian homes, which has resulted in the                 this afternoon.
homelessness of more than 2,000 people. Simple
                                                                   France is dismayed at the violence of the last few
people are suffering and innocent victims are being
                                                             days and expresses its sympathy to the civilian
subjected to collective punishment. New seeds of
                                                             population affected by Israeli military operations.
hatred are being sown.
                                                             France, like the European Union, has condemned the
      We firmly believe that it is absolutely unfeasible     large-scale demolition of Palestinian houses in Rafah.
to use force to resolve problems in relations between        That was disproportionate and contrary to international
Palestinians and Israelis. Lasting peace can be achieved     law and to Israel’s obligations under the road map.
only on the basis of a political process and through         Those obligations were specifically recalled by the
direct negotiations between the parties on the basis of      Quartet during its 4 May meeting in New York.
Security Council resolutions 242 (1967), 338 (1973),         Similarly, France expects the Palestinian Authority to
1397 (2002) and 1515 (2003), which are universally           undertake more determined action in the area of
recognized and legally binding. Both the Palestinians        security, particularly with regard to the fight against
and the Israelis must bring their actions in line with the   terrorism.
road map for a Middle East peace settlement that they
                                                                   The house demolitions and the military
themselves approved. We have repeatedly pointed out
                                                             operations must cease immediately. There is an urgent
in this Chamber the obligations of the parties under the
                                                             need for the establishment of a ceasefire that includes
road map.
                                                             all the parties and all the groups and for the immediate
      We condemn terrorism. Any manifestation of             implementation by the Palestinian Authority and the
terrorism is abhorrent. Israel has the right to defend its   Government of Israel of their obligations under the
citizens, but that right must be exercised in observance     road map.
of international humanitarian norms, particularly the
                                                                   Mr. Cheng Jingye (China) (spoke in Chinese):
Geneva Conventions. The destruction of Palestinian
                                                             China is opposed to Israel’s large-scale demolition of
homes by Israel aggravates the humanitarian crisis in
                                                             Palestinian houses, a practice that is in violation of
the Palestinian territories, and that practice must be
                                                             international law. We also condemn the Israeli military
immediately stopped. The priority task now is the
                                                             actions that have caused heavy civilian casualties in
immediate end of violence by both sides and renewed
                                                             Gaza. Those Israeli actions will only aggravate the
cooperation between the parties on security issues,
                                                             already deteriorating situation in the Middle East and
however difficult that may be. Only thus will we be
                                                             will in no way contribute to a resumption of peace
able to return to the path of political dialogue and
                                                             talks. China urges Israel to immediately halt such
implement the provisions of the road map.
                                                             actions and return to the path of a political settlement
      As an active participant in the Quartet of             of the relevant issues. Based on that position, China
international mediators, Russia is doing its utmost to       voted in favour of the draft resolution.
help to create a formula to overcome the current crisis.
                                                                   In that connection, I should like to appeal once
On the instructions of the Minister for Foreign Affairs
                                                             again to the Israelis and the Palestinians to put an end
of Russia, his special representative for a Middle East
                                                             to the vicious circle of violence, to resume contacts and


4

                                                                                                                S/PV.4972


dialogue as soon as possible and to implement the              but also jeopardizes the entire peace process in the
relevant obligations under the road map. The                   area.
international community should also intensify its
                                                                     The Spanish Government has followed these
efforts to press for a speedy resumption of the road
                                                               events with great concern and alarm. Today it issued a
map’s implementation.
                                                               communiqué emphasizing that the recent military
      The Government and the people of China have              operations carried out by the Israeli army have grave
deep sympathy for the sufferings of the Palestinian            consequences and therefore that the Spanish
people. We are prepared to work together with the              Government, given its commitment to the quest for a
international community to provide Palestine with              peaceful solution to the conflict, cannot fail to
appropriate humanitarian assistance.                           condemn those Israeli operations against Rafah’s
                                                               civilian population, who were protesting the demolition
      Mr. Motoc (Romania): Allow me first to
                                                               of Palestinian houses. At the same time we once again
acknowledge and welcome the presence at our meeting
                                                               reaffirm the need for the Palestinian Authority to meet
of the Secretary-General, Mr. Kofi Annan.
                                                               its obligations to deal with terrorist groups that oppose
      Romania voted in favour of this resolution.              peace.
Indeed, we share the widespread concern over the
                                                                     Spain — which together with the other members
continuing deterioration of the situation on the ground
                                                               of the European Union, as emphasized in the statement
in the Gaza Strip, including the large-scale demolition
                                                               of the Council of the European Union a few days ago,
of Palestinian homes and the death of a large number of
                                                               recognizes the State of Israel’s legitimate right to
innocent civilians. That development was sadly
                                                               defend itself within the framework of international
confirmed today by further reports of fresh violence.
                                                               law — urges the Israeli authorities to put an end to
      My delegation has already stated on several              such actions, which in no way help to advance the path
occasions that, while fully recognizing the right of the       of peace, but rather only impede the creation of an
State of Israel to defend its citizens, all actions taken in   atmosphere of dialogue and negotiation that is
fighting terror must be in compliance with the relevant        necessary to meet the commitments included in the
norms of international law. We are satisfied that the          road map. As highlighted at the Quartet’s recent
text just adopted reflects the parties’ reciprocal             meeting in New York, it is essential that the parties
obligations in preventing the escalation of violence,          return to the path of dialogue and compliance with the
among which we believe the need for decisive action            commitments of the road map in order to emerge from
against terrorism and the prevention of the illegal            the current situation.
transfer and acquisition of weapons in Gaza and the
                                                                     The Spanish Government, for its part, is doing
West Bank figure prominently.
                                                               everything it can. Yesterday and today, we had high-At this juncture, we encourage the two parties to        level contacts with Israeli and Palestinian authorities in
declare a ceasefire as a preface to the opening of direct      Madrid. The representative of the European Union
negotiations. As has been stated on previous occasions,        foreign policy, Mr. Solana, also participated.
a just, comprehensive and lasting peace can be
                                                                     Having said this, we hope that the appeal
achieved only through negotiations, as envisaged in the
                                                               contained in the resolution just adopted by the Council
road map, and in accordance with the provisions of the
                                                               will be heeded by the parties and that the march
relevant resolutions of the Security Council.
                                                               towards peace will be resumed as soon as possible and
     Mr. Yañez Barnuevo (Spain) (spoke in Spanish):            that these serious events, particularly those occurring
The Spanish delegation has also joined in the adoption         in Gaza, will end.
of Security Council resolution 1544 (2004), which
                                                                    The President: I shall now make a statement in
from our point of view represents a swift, united, firm
                                                               my capacity as the representative of Pakistan.
and balanced response by the Council to the very
worrisome situation that has been developing in the last             Pakistan voted in favour of the resolution, which,
few days in Gaza. That situation not only has very             in our view, is the minimum necessary response to the
grave consequences from the humanitarian standpoint,           Israeli military incursions in Rafah that have left scores
                                                               of Palestinian civilians dead or fatally injured. Pakistan



                                                                                                                        5

S/PV.4972


condemns these actions. The blatant attack on                      Allow me to join you, Sir, in welcoming the
demonstrators protesting against the mass military            presence of Secretary-General Kofi Annan to this
operation today is the latest violation of international      important meeting.
humanitarian law, especially of Israel’s obligations as
                                                                    We express our appreciation to the Security
an occupying Power under the Geneva Conventions.
                                                              Council for its adoption of resolution 1544 (2004) and
       The Security Council has the primary                   hope that the Council will follow up on compliance
responsibility to maintain international peace and            with and implementation of its provisions, an essential
security. We believe that silence at this critical juncture   matter under the United Nations Charter. We also hope,
is not an option for the Council. It is therefore a matter    of course, that Israel, the occupying Power, will
of some satisfaction that the Security Council has at         comply with the resolution and with the provisions of
last been able to pronounce itself on the continued           the Geneva Convention relative to the Protection of
violations of international law and humanitarian norms        Civilian Persons in Times of War. First and foremost,
in the occupied Palestinian territories. It is unfortunate    however, it must immediately cease its ongoing
that, in Palestine as in certain other parts of the world,    military operations in the Rafah area. For our part, we
the legitimate campaign to root out terrorism has been        stand ready, as we have emphasized in the past, to fulfil
abused by the occupying Power to suppress the                 our obligations under the road map and to return to the
legitimate right of peoples to self-determination.            negotiating table.
       Peace in the holy land, as elsewhere, cannot be        (spoke in English)
established merely by imposing a fait accompli on the
                                                                    Over the past few days and throughout the period
weaker party. The Israeli actions are bound to further
                                                              since I last addressed the Security Council on the
worsen the security situation, which is already volatile
                                                              situation in the occupied Palestinian territories,
due to the continued Israeli occupation of Arab
                                                              including East Jerusalem, Israel, the occupying Power,
territories. These actions will further aggravate the
                                                              has continued and intensified its barbaric military
humanitarian situation prevailing in the occupied
                                                              campaign against the Palestinian people. Flagrant
territories, particularly in Rafah.
                                                              violations and grave breaches of international law –
      The ability of the Security Council and the             war crimes – are being committed by the occupying
international community to bring durable peace to             Power against the Palestinian civilian population every
Palestine and the Middle East on the basis of its own         single day, including at this very moment.
resolutions and the Quartet’s road map can produce
                                                                    In this regard, I believe that it is necessary to
positive results throughout the Arab and Islamic world.
                                                              recall before this Council that wilful killing, wilfully
Conversely, our failure to do so will further intensify
                                                              causing great suffering or serious injury to body or
frustration and anger among the Arab and Islamic
                                                              healt h, and extensive destruction and appropriation of
peoples, increase insecurity and instability in the entire
                                                              property, not justified by military necessity and carried
region and escalate support for terrorism and
                                                              out unlawfully and wantonly, are among those acts
extremism.
                                                              considered to constitute grave breaches of the Fourth
     I now resume my functions as President of the            Geneva Convention.
Security Council.
                                                                    In grave breach of the Convention, which governs
      The Permanent Observer of Palestine has asked           military occupation, and in serious violation of other
for the floor. I give him the floor.                          relevant provisions of international law, Israel
                                                              continues to use excessive and indiscriminate force
      Mr. Al-Kidwa (Palestine) (spoke in Arabic): We
                                                              against Palestinian civilians, killing men, women and
are pleased to see you, Sir, the representative of the
                                                              children, and wantonly to destroy Palestinian homes
friendly country of Pakistan, presiding over the
                                                              and properties in the occupied Palestinian territories,
Security Council this month. Of course, we thank you
                                                              particularly in the Rafah area of the Gaza Strip. Left
for all your efforts.
                                                              defenceless and unprotected by the international
     Our thanks also go to Germany, last month’s              community, the Palestinian people continue to suffer
President of the Council, and its Permanent                   the wrath of Israel’s violent and lethal occupation
Representative.                                               policies and practices.


6

                                                                                                            S/PV.4972


      The slaughter today of innocent Palestinian           forces. To be exact, at least 3,023 Palestinians have
children by the Israeli occupying forces in the Rafah       been killed. Many were the targets of extra-judicial
camp is the most recent and most telling illustration of    killings by the occupying forces, and nearly 600 of the
the vicious and barbaric behaviour and actions of that      total number of Palestinians killed were children. In
occupying Power. The occupying forces fired at least        that same time period, more than 40,000 Palestinians
one missile and several tank shells at a large crowd of     have also been wounded by the occupying forces.
about 3,000 Palestinians marching from Rafah towards
                                                                  Palestinian hospitals and emergency rescue
the Tel Sultan neighbourhood in Rafah in protest
                                                            personnel, poorly equipped and in desperate need of
against the invasion and destruction of their
                                                            supplies, have been unable to keep up with the growing
neighbourhood and the killing of their families, friends
                                                            number of casualties. Morgues have been unable to
and loved ones. These people were unarmed
                                                            keep up with the rising number of dead. Funerals for
demonstrators, many of them schoolchildren. While the
                                                            the martyred have become a daily occurrence. The
situation on the ground remains chaotic, as of now it is
                                                            bloodshed and loss caused by the occupying Power has
being reported that at least 10 Palestinian civilians
                                                            been great, because Israel has breached every single
were killed in this assault, most of them children; that
                                                            one of its obligations under international law as an
more than 60 civilians were wounded, including
                                                            occupying Power. It has blatantly violated all norms
women and children, more than 30 of them in critical
                                                            and standards of international law, including
condition; and that nine other Palestinians were also
                                                            international humanitarian law and human rights law,
killed today in the same area.
                                                            and has completely ignored the pleas of the
      This is terrorism. This is State terrorism. These     international community to cease its violations against
are war crimes, for which the perpetrators must be held     the Palestinian civilian population and to adhere to
accountable under international law. What we have           international law and uphold its obligations. Why?
seen today and in recent days and months — the blood        Because that is the core of the mentality of this
of Palestinian civilians flowing in the streets, the        occupier; it is brutal, vicious and inhumane in all
demolition of their homes, and their constant               actions against the occupied people, seeking to torment
humiliation, suffering and collective punishment — is       them and impose on them maximum loss, misery and
exactly what the Palestinian people have been               suffering while pursuing its illegitimate aims of
subjected to under nearly 37 years of Israel’s              colonizing the land and expanding its boundaries.
belligerence. It has been a constant barrage of war
                                                                   In addition to the human losses and devastation it
crimes, State terrorism and systematic human rights
                                                            is causing, Israel continues to pursue its illegal and
violations, for which the international community must
                                                            inhumane practice of destroying Palestinian homes and
hold this occupying Power responsible. The
                                                            properties, causing widespread destruction and material
lawlessness and impunity of Israel must be brought to
                                                            losses and compounding the grief, suffering and
an end, and the Palestinian people must be accorded
                                                            humanitarian hardships of the Palestinian people.
their rights under international law, including their
                                                            Thousands of homes and thousands of dunums of
right to protection as a civilian population under
                                                            Palestinian land have been destroyed by the Israeli
occupation.
                                                            occupying forces throughout the occupied Palestinian
      Since the start of this month of May, the Israeli     territories since September 2000. Tens of thousands of
occupying forces have killed at least 96 Palestinians,      Palestinians have been made homeless, the majority of
including 28 children. This is the Palestinian death toll   them Palestine refugees who have been displaced and
in less than three weeks’ time. This has included           dispossessed yet again.
brothers and sisters, fathers and sons. Families and
                                                                  During the past several days, the occupying
lives are being destroyed by the occupying Power on a
                                                            Power has escalated this unlawful practice in the Rafah
wholesale basis as it continues launching military
                                                            area of the Gaza Strip, including in particular in the
assaults against the Palestinian population. The rate of
                                                            Rafah refugee camp, causing excessive and vast
death and destruction is staggering and continues to
                                                            destruction. Using armoured bulldozers, tanks and
rise. From September 2000 to date, more than 3,000
                                                            helicopter gunships, the Israeli occupying forces have
Palestinians — men and women, children and the
                                                            raided the area, terrorizing the civilian population and
elderly — have been killed by the Israeli occupying



                                                                                                                    7

S/PV.4972


destroying dozens of homes — even attacking some of           and the declarations made by Israeli officials that
them while the families were still inside.                    hundreds more Palestinian homes there are targeted for
                                                              demolition, it is clearer than ever that the aim of those
      Reports indicate that in just the past few days
                                                              Israeli actions is the effective levelling of the Rafah
more than 100 homes have been completely destroyed
                                                              camp and areas in the city of Rafah itself to allow for
by the occupying forces in Rafah. Some estimates put
                                                              the enlargement of the so-called security zone by the
the toll of destruction much higher, at about 120
                                                              occupying Power. Indeed, some of the statements made
homes, and fears continue to rise that even more will
                                                              by Israeli officials are starkly clear about this very
be destroyed as Israeli officials threaten to demolish
                                                              intention. These ongoing actions are part and parcel,
hundreds more homes. As a result of these most recent
                                                              and reveal the exact meaning, of Prime Minister
assaults, more than 1,100 Palestinians have been made
                                                              Sharon’s “disengagement plan”. This is, of course, an
homeless, and hundreds of other Palestinians have been
                                                              attempt to isolate the Gaza Strip from the outside
fleeing the area, fearing the impending destruction of
                                                              world, ensuring that it has no border with Egypt and
their homes and property.
                                                              thus ensuring the creation of a large prison for the
      Tragically, this is not the first time that the Rafah   Palestinian civilian population in Gaza.
refugee camp and surrounding area have been besieged
                                                                    I wish to impart some basic information about
and attacked by the Israeli occupying forces. Since
                                                              Gaza for the benefit of those who may be unaware of
September 2000, the Rafah area has been severely
                                                              it. Gaza covers a total of only 360 square kilometres. It
targeted. As many here may recall, just over a year ago,
                                                              is a very poor and deprived area with no natural
a young American, Rachel Corrie, was brutally crushed
                                                              resources — not even water — and constitutes the most
by a huge armoured Caterpillar bulldozer while trying
                                                              densely populated area in the world per square
to prevent the demolition of Palestinian homes in
                                                              kilometre, with a population of more than 1.3 million
Rafah. Regrettably, those responsible for her tragic
                                                              people. More than 10 years after Oslo, at least 35 per
death did not even have to explain. They were not held
                                                              cent of Gaza remains under the full control of Israel,
accountable, and the practice of bulldozing the homes
                                                              for the sheer enjoyment of 7,000 colonial Israeli
of innocent civilians did not cease. Indeed, as home
                                                              settlers illegally transferred there, and the entirety of
after home and building after building in Rafah are
                                                              Gaza remains a killing field for the Israeli occupying
destroyed by the Israeli occupying forces, the entire
                                                              forces to continue their target practice against the other
community is being torn apart, piece by piece, and laid
                                                              human beings — the Palestinians — who have the
to ruin. Since September 2000, more than 1,300 homes
                                                              misfortune to live there.
in Rafah alone have been demolished or severely
damaged and made unliveable, and more than 12,000                    Racist ideologies have always fuelled colonialist
Palestinians have been made homeless.                         phenomena, and throughout history colonizers have
                                                              always committed crimes against the colonized or
      The humanitarian impact has been overwhelming.
                                                              occupied people. The occupation of the Palestinian
The United Nations Relief and Works Agency for
                                                              territory since 1967 is no exception. However, it must
Palestinian Refugees in the Near East (UNRWA) has
                                                              be said that the occupation of Gaza takes the
been unable to keep pace with the widespread
                                                              phenomenon to a different level. The occupation of this
destruction being caused by the occupying Power
                                                              poverty-stricken area, the relentless killing of its
within the refugee camps. It has been struggling to
                                                              civilian inhabitants, the wanton destruction of homes
provide shelter to house all those who have been
                                                              and shelters and the constant imposition of suffering on
displaced and is still trying to repair and rebuild the
                                                              the masses there defy all logic and reason. These
thousands of refugee homes that have been damaged or
                                                              constitute transgressions against the most fundamental
destroyed since the start of this military campaign,
                                                              rights and dignity of persons, for which the violators
while now faced with even more destruction and
                                                              must be held accountable and must be punished. The
displacement. Yet, within its limited resources,
                                                              same applies to those who want to make sure that they
UNRWA continues to provide tents, food and other
                                                              destroy what is actually left in Gaza before they
relief for those devastated refugee families.
                                                              presumably leave it.
     With the ongoing military operation being carried
                                                                   As I said at the beginning of my statement, the
out by the Israeli occupying forces in the Rafah area
                                                              wilful killing and injury of civilians constitutes a grave


8

                                                                                                             S/PV.4972


breach — a war crime. Without a doubt, therefore,                  We have not, unfortunately, heard such strong
Israel is committing war crimes against the Palestinian      sentiments expressed when innocent Israelis have been
people     repeatedly. The demolition of one home            slain. So first, here are the facts: during a large
constitutes collective punishment. The excessive and         procession of several thousand demonstrators, which
large-scale demolition of homes and confiscation of          included many gunmen, seven Palestinians were killed,
property constitute grave breaches: war crimes. This         of whom four or five were armed terrorists. The
must all be unequivocally condemned by the                   incident occurred as the crowd left central Rafah along
international community, and measures should be taken        the main road towards the Israel Defence Forces (IDF)
to ensure the cessation of all such breaches. Action         in Tel-Sultan. The demonstration was organized by
should be taken to ensure the protection, the safety and     none other than the Palestinian Authority, in violation
the well-being of the Palestinian civilian population        of the established curfew.
under Israeli occupation. Action should also be taken
                                                                    While Israel deeply regrets any loss of civilian
to ensure that due reparations are made to those whose
                                                             life, those numbers put into proportion today's incident,
homes and properties have been destroyed.
                                                             which itself took place under conditions of heavy
      The international community, including through         fighting by Palestinian terrorists. Under the incredibly
the Security Council and the Quartet, must act firmly        difficult circumstances in which Israel has taken action
and collectively to uphold international law, to counter     against the terrorist infrastructure in the Gaza Strip,
the precipitous decline of the situation in the occupied     terrorists operate among civilians, and tragedy can
Palestinian territory, including East Jerusalem, and to      strike. Israel has done, and will continue to do,
prevent the complete extinguishing of any hope for a         everything it can to prevent harm to innocent civilians.
resumption of the peace process towards the resolution       Even during times of war the death of innocent
of this tragic and unjust conflict.                          civilians is regrettable, but we cannot be deluded by
                                                             false pretence and any ambiguity between the terrorists
      We reiterate our appreciation to all the members
                                                             and those who fight that deplorable scourge.
of the Council.
                                                                   The Palestinian Observer has described a litany
      The President: I thank the Permanent Observer
                                                             of Palestinian suffering, without pointing the finger at
of Palestine for his kind words addressed to me.
                                                             those responsible for that suffering: his own corrupt
      The representative of Israel has asked for the         and evil leadership, who, while rejecting offers of
floor. I give him the floor.                                 peace by Israel and the international community, have
                                                             resorted to terror and violence, dragging Israel, the
      Mr. Gillerman (Israel): At the outset, let me
                                                             whole region and the Palestinian people onto a road of
congratulate you, Mr. President, on your able conduct
                                                             horror, bloodshed and destruction. It is this Palestinian
of the work of the Council during the month of May.
                                                             leadership that bears the blame.
Let me also commend the stewardship of Ambassador
Pleuger during the month of April.                                 In choosing the course of terror rather than the
                                                             road of peace, the Palestinian leaders have brought
      The Council has convened here as usual, at the
                                                             unto their own the reality described by the Palestinian
urgent behest of the Palestinian Observer, under a
                                                             Observer. This reality, described here today — albeit in
barrage    of    information,     misinformation      and
                                                             a blatant and biased manner — is the result of a corrupt
disinformation. In the interests of truth and objectivity,
                                                             and evil leadership. And it this leadership that is the
let us first get the facts straight. I wish to state
                                                             region’s and the Palestinian’s real tragedy.
emphatically and officially that the numbers distributed
by the Palestinians about the events in Rafah today are            We find it regrettable that certain members of the
exaggerated and totally false. I can only express my         Council have galvanized to condemn Israel's response
disappointment that some members of the international        to the ongoing Palestinian terrorist campaign, and not
community — including, sadly, as reflected in the            those actions that have brought the region to despair
statement attributed to the Secretary-General — have         and compelled Israel to take defensive measures.
been misled by the Palestinian propaganda machine
                                                                  Once again, the members of the Council have
into making false accusations and drawing conclusions
                                                             been forced to convene to debate a draft text that, for
which do not reflect the facts on the ground.
                                                             any careful observer, should dispel the illusion that the


                                                                                                                     9

S/PV.4972


intent of its drafters is the improvement of the situation   kilogrammes of explosives; hundreds of rifles, mainly
in the region and the encouragement of a fair, lasting       AK-47 Kalashnikovs; tens of thousands of rounds of
and comprehensive peace settlement. The one-sided            ammunition; and dozens of rocket-propelled-grenade
text before the Council this afternoon rebukes Israel        rockets and launchers, which are entirely incompatible
but fails to expressly condemn — by name and not by          with signed agreements and any plan for a return to
ambiguous terminology — the Palestinian terrorism            non-violent negotiations.
that necessitated Israeli action. The Palestinian
                                                                   Israel views the illicit trade and trafficking in
delegation has once again rejected any language that
                                                             small arms and light weapons as a humanitarian issue
seeks to recognize any consideration of the legitimate
                                                             as well as a security one. We cannot forget for a
aims of Israel's defensive counter-terrorist operation.
                                                             moment that the terrorists seek to harm civilians not
      To be frank, this blatant and one-sided posture is     only in the locations they target, but also in the
more a blemish on the record of those who presented          locations in which they seek shelter and from where
this draft resolution to the Council — and much more a       they launch their attack. The Rafah tunnels are
transparent exercise in double standards — than it is an     typically dug inside residential homes to evade
admonition of Israeli conduct.                               discovery by Israeli security personnel, in blatant
                                                             disregard for the safety and well-being of Palestinian
      The Security Council has never dealt with the
                                                             civilians. They are concealed under bathrooms, living
dangers to peace and security of smuggling arms
                                                             rooms and kitchens. They are intentionally hidden
through the tunnels of Rafah from Egypt. It did not
                                                             under the beds of children and little babies, concealed
meet to condemn the horrendous desecration of the
                                                             by loose planks and rags.
bodies of Israeli soldiers — young men who were
killed during a defensive operation to dismantle those             The smuggling of massive arsenals and weapons
tunnels. It did not come together following the              at epidemic proportions and the cynical use of civilian
hijacking by armed elements in Gaza last week of an          areas to launch terrorist attacks invariably lead to the
ambulance of the United Nations Relief and Works             loss of innocent life and affect the basic right of people
Agency for Palestine Refugees in the Near East. It did       to lead their lives peacefully, without fear of getting
not stand up against the murder of a mother and her          killed for simply being in the wrong place at the wrong
four daughters in the Gaza Strip or against the              time. Among local residents terrorized by these
continuing cultivation of a culture of hate and              concerns, there has been growing opposition to the
destruction by the Palestinian leadership.                   tunnel-building and weapons-smuggling in Rafah. Last
                                                             year numerous demonstrations by local residents were
     The Council will not serve the cause of peace in
                                                             staged outside the Palestinian Authority’s police and
the Middle East by condemning Israeli actions and
                                                             preventive security headquarters and other public
ignoring the violence, terrorism and incitement that
                                                             buildings to protest the ongoing policy of apathy
continue to emanate from the Palestinian leadership.
                                                             among the leadership of the Palestinian Authority.
Such repeated rituals embolden terrorism; they do not
embolden those who seek to dismantle it.                           Unfortunately, Israel does not have the luxury of
                                                             pursuing that policy of apathy and inaction. Faced with
     Today, Israel stands at the gates of Hell in the
                                                             the failure of the Palestinian leadership to comply with
Gaza Strip. The southern city of Rafah serves as the
                                                             its obligations to fight terrorism, stop incitement and
arms-smuggling gateway of the Palestinian Authority
                                                             prevent the smuggling of weapons, Israel remains
and the main pipeline for transporting weapons and
                                                             obligated to act in self-defence against a threat that
ammunition in Gaza. Since September 2000,
                                                             poses a clear and present danger to innocent lives,
subterranean tunnels constructed underneath the
                                                             while upholding its obligations under international law.
“Philadelphi route” have been used by Iran and
Hizbullah, as well as by Palestinian terrorist                     The unhindered effort by terrorist organizations
organizations like Hamas and the PFLP, for turning the       to smuggle high-quality weapons, including rocket-Gaza Strip into a base for missile and rocket attacks        propelled grenades, Katyusha rockets and anti-tank and
against Israeli targets. These tunnels of terror provide     anti-aircraft missiles, has already led to an escalation in
the conduit for the smuggling of large amounts of            the security situation and can lay a further burden on
diverse weapons, including among them hundreds of            the population in the Gaza Strip. In recent months,



10

                                                                                                               S/PV.4972


Palestinian terrorist organizations operating in Gaza        use in smuggling arms into Gaza. The tunnel was 150
have commenced executing a systematic plan to turn           metres long and 5 metres deep and had four openings
Gaza into a platform for launching rockets and missiles      that led directly into Palestinian homes in the area.
capable of reaching the entire aerial territory of Israel.
                                                                   IDF actions in Gaza have been criticized as
In fact, the whole of Gaza, and Rafah in particular, is
                                                             collective punishment. Let me be clear: these tunnels
on the verge of becoming a missile base aimed at
                                                             are collective in their harm to all peoples in the area
Israel’s cities and civilian population. What would the
                                                             but require a response that is precise and decisive in its
international community have Israel do? Just sit back
                                                             effect. While certain security measures taken in selfand wait for this horrific scenario to materialize?
                                                             defence and necessitated by terrorist threats
     As the Israeli Chief of Staff, General Moshe            unfortunately cause hardships to sectors of the
Ya’alon, said only last week,                                Palestinian population, this is categorically not their
                                                             intent.
           “It appears to us that although we are doing
     the best we can to prevent the smuggling of                   Both customary law and conventional law make it
     weapons to the Gaza Strip, the Palestinians have        clear that the use of civilian objects and dwellings to
     managed to smuggle RPGs [rocket-propelled               support a military attack constitutes a war crime. The
     grenades], which they are not supposed to have.         IDF does not demolish structures indiscriminately.
     They have been successful in smuggling RPGs,            Only those involved in terror and violence against
     and quite a few too. We know for a fact that on         Israeli civilians hold no immunity. When terrorists fire
     the Egyptian side of the border, at the top of the      from within civilian structures, activate roadside
     Sinai desert, there are weapons that have reached       charges from trees and fields or use a structure to
     that area. As far as we are concerned, Iran,            conceal a weapons-transfer tunnel, military necessity
     through Hizbullah, is responsible for the presence      dictates the demolition of these locations. Under
     of these weapons in that area. They are the ones        international law, these structures are considered
     that promote the smuggling of weapons into              legitimate military targets. Therefore, in the midst of
     Gaza, unfortunately through the Sinai. This has         combat, when dictated by operational necessity, Israeli
     happened because they have found the other              security forces may lawfully destroy structures used by
     borders to be impossible to penetrate, either by        terrorists. This is common knowledge, and yet it is too
     land or water. This is what makes this region, at       often that the Security Council is called upon to apply a
     the Egyptian-Israeli border, the weakest link for       different standard to Israel.
     weapons smuggling”.
                                                                   While      operating      against     the   terrorist
       If Israel does not act today to fight against the     infrastructure, Israel is doing its utmost to minimize the
weapons smuggled and manufactured in Gaza, next              humanitarian impact on the civilian population. Israel
month Katyusha rockets will be aimed at the homes of         refrains whenever possible from attacking terrorist
its citizens. The purpose of the current Israel Defence      targets from the air or with artillery, in order to
Force (IDF) action in Gaza is to terminate the transfer      minimize collateral damage. In so doing, Israel risks
of all illegal weapons by underground tunnels to Gaza.       greater danger to the lives of its soldiers in order to
One security measure employed in this regard is the          lessen the risk to local residents. The death of 13
demolition of structures that pose an operative security     soldiers in ground operations in the Gaza Strip earlier
risk to Israeli forces. Recent actions have shown this       this month is an example of the heavy price Israel pays
countermeasure to be an effective and lawful way to          for its commitment to minimize Palestinian civilian
minimize the occurrence of such attacks in general, and      casualties. This was not the first time that the strict
suicide terrorism in particular. Since April of this year,   employment of such standards has resulted in the death
the Israel Defence Force has exposed eight                   of Israelis.
underground tunnels used for smuggling weapons in
                                                                   Israel’s action in Gaza is all the more critical in
the area of Rafah, in addition to 11 underground
                                                             the face of the failure of the Palestinian leadership to
tunnels since the beginning of this year and 90
                                                             act determinedly against this threat. Today, weapons
underground tunnels since the beginning of the intifada
                                                             smuggling is run and managed by terrorist
in September 2000. And just this week, the IDF
                                                             organizations with the approval and active participation
discovered a new tunnel in Rafah already activated for


                                                                                                                     11

S/PV.4972


of the Palestinian Authority. Amazingly enough, the          allowed their civilians to be at the mercy of terrorist
Palestinian Authority has actually encouraged residents      groups that use their homes and their bodies as
to conceal tunnels in their residences, which results in     shields — who have forced us to take these steps.
the demolition of their homes. This brings with it an
                                                                   The suffering of the Palestinian population is a
ample windfall: the construction of a new house by the
                                                             direct result of Palestinian terrorism aimed at innocent
Palestinian Authority.
                                                             civilians and the need for Israel to protect its citizens
      Despite all this, Israel’s Prime Minister remains      from these abhorrent attacks. Rather than criticize
committed to promoting his plan for disengagement            Israel for damaging private property, those truly
from Gaza. Earlier this month, leaders from the              concerned      for    Palestinian    welfare,  including
international community met here in New York, in this        humanitarian organizations in the area, should instead
very building, to discuss ideas for implementing that        demand that the terrorists stop using homes to shield
Israeli initiative. There was general agreement that the     their illegal operations.
plan would improve the situation in Gaza for
                                                                   Israel has no war with the Palestinian people. We
Palestinians and Israelis alike. However, the
                                                             have no war with the Palestinian aspiration for
Palestinian response has been to increase violence and
                                                             statehood. The Prime Minister of Israel has stated
to renew its commitment to terror as a solution. Just
                                                             clearly that Israel believes in the vision of two States,
two days ago, Yasser Arafat addressed his people,
                                                             side by side, in peace and security. We have a war with
calling on them to terrorize the enemy. What signal
                                                             terror and with those who are determined not to create
does rejectionist leadership, weapons smuggling,
                                                             the Palestinian State but to destroy the Jewish one. For
parading with body parts and shooting mothers and
                                                             nearly four years, Israelis have been the victims of a
daughters send to those who desire peace in our
                                                             relentless and ongoing campaign by Palestinian
region?
                                                             terrorists to spread death and destruction, condemning
     The complete and utter refusal of the Palestinian       our region to ongoing turmoil, killing 977 Israelis and
Authority to prevent those actions violates the most         injuring more than 6,000.
basic norms of human rights, morality, signed
                                                                   A genuine and responsible Palestinian leadership
agreements and peace plans such as the road map. In
                                                             must be called finally and in clear terms — not in the
the vacuum left by those wilful violations, members of
                                                             faltering language of this typically one-sided
Yasser Arafat’s own Fatah Al-Aqsa Martyrs Brigade
                                                             resolution — to fight a war with terror. It is time that
and the Islamic Jihad were able to proudly and publicly
                                                             we ask the Palestinian leadership whether inciting
claim responsibility for the heroic attack earlier this
                                                             terror, smuggling weapons and celebrating by dancing
month on a pregnant Israeli mother and her four
                                                             with the limbs of the dead are helping the cause of their
daughters — aged 2 to 11 — gunned down at pointpeople. It is time to make it clear that terrorism, even
blank range in Gaza.
                                                             in the Palestinian cities of Gaza, is always
      Those violations cost the lives of the Hatuel          unacceptable.
family, and they will cost the lives of hundreds more
                                                                  Achieving peace is simply not possible in an
unless the Palestinian leadership finally lives up to its
                                                             atmosphere        of     violence     and      terrorism.
responsibilities or, failing that, Israel undertakes the
                                                             Characteristically, the Palestinian leadership has
necessary defensive measures. If the Palestinian
                                                             accepted that in principle and then proceeded to
Authority had acted to fulfil its responsibilities as
                                                             undertake every diversionary tactic it could conceive to
stated in the first stage of the implementation of the
                                                             avoid fulfilling its obligations. What was true in
road map, there would be no need for the current Israel
                                                             September 2000 remains true today: no progress is
Defence Forces activity.
                                                             possible in the region as long as the Palestinian
      It should be emphasized: it is the Palestinians, not   Authority continues to use its position and its resources
Israel, that have turned civilian homes into military        to encourage a campaign of violence and terrorism
targets. And it is those in the Palestinian leadership       against the citizens of Israel.
who place a higher price on smuggling weapons than
                                                                   This resolution, regrettably, does nothing to
on the welfare of the innocent resident population —
                                                             further peace in the Middle East. Sadly, until the
those who have abandoned all responsibility and
                                                             Palestinian people produce a credible and sane


12

                                                                                                      S/PV.4972


leadership that truly wants peace and is willing to            The Security Council has thus concluded the
dismantle the infrastructure of terror and negotiate in   present stage of its consideration of the item on its
good faith, no resolution will.                           agenda.
      The President: I thank the representative of             The meeting rose at 6.40 p.m.
Israel for his kind words addressed to me.




                                                                                                             13

Voting Summary
Yes: 014 | No: 000 | Abstentions: 001 | Non-Voting: 000 | Total voting membership: 015
Y ALGERIA
Y ANGOLA
Y BENIN
Y BRAZIL
Y CHILE
Y CHINA
Y FRANCE
Y GERMANY
Y PAKISTAN
Y PHILIPPINES
Y ROMANIA
Y RUSSIAN FEDERATION
Y SPAIN
Y UNITED KINGDOM
A UNITED STATES