Mr. President,

1. Since the 27 January briefing, efforts to bring about Israeli-Palestinian negotiations have continued. A proposal from US Envoy Mitchell to the parties to begin indirect talks with US mediation is currently under serious consideration. Israel has indicated its readiness to work on this basis, while President Abbas has been engaged in intensive consultations and sought clarifications. The Secretary-General hopes that President Abbas will move forward on the basis of this practical proposal so that serious talks can begin. He notes Prime Minister Netanyahu’s stated commitment to a two State solution, although confusion as to the government’s intentions arises from statements by various government officials.

2. We continue to stress the importance of doing everything possible to ensure that negotiations lead in a clear timeframe to an agreement resolving all final status issues, including Jerusalem, borders, refugees, security, settlements and water. We believe that the international consensus on what it takes to reach a sustainable agreement is strong, and that an active Quartet will be vital to support the process.

3. The Israeli government’s partial restraint on settlement construction in the West Bank, excluding East Jerusalem, remains in effect, and has led to a slowdown of construction activity. However, violations of the restraint orders have been identified by the Israeli authorities in at least 29 settlements, with the Defence Ministry stating that it is issuing demolition and stop work orders against violators. While the Israeli government’s settlement restraint constitutes at a step beyond previous positions, settlements are illegal – and continued settlement activity violates Israel’s Roadmap obligations and prejudges the outcome of negotiations. We therefore urge additional measures to enforce the restraint. We also urge its extension into a comprehensive freeze, including in East Jerusalem, as well as its continuation beyond the current ten month period.

4. There were no demolitions of Palestinian homes or evictions in East Jerusalem during the reporting period, a positive development which we hope will continue. We continue to call for the re-opening of Palestinian institutions in East Jerusalem in accordance with Roadmap obligations. The status of Jerusalem is to be determined through negotiations, and we believe that a way must be found through negotiations for Jerusalem to emerge as the capital of two States.

5. The Palestinian Authority’s efforts to meet its Roadmap obligations to combat terrorism have continued in the West Bank, reflecting impressive achievements in reform, professionalization, and performance. It is important that the Palestinian Authority leadership continues to speak out against violence and incitement. On 10 February an Israeli soldier was killed by a knife attack. The incident was condemned by Palestinian Prime Minister Fayyad.

6. There were 79 Israeli army incursions into West Bank towns and villages in response to alleged security threats. Nearly 500 Palestinians were arrested. On 12 February, Israeli security forces shot and killed a Palestinian for attempting to stab a soldier in Hebron, while 41 other Palestinians were injured in IDF actions. Israeli security forces also carried out extensive operations in Shuafat refugee camp in East Jerusalem between 8 and 10 February.

7. Palestinian, Israeli and foreign protesters continued demonstrating against the barrier where it is being constructed within the West Bank in contravention of the Advisory Opinion of the International Court of Justice. There have been raids into Ramallah against individuals and organizations involved in protests. In a positive action, we note that Israel began work on 10 February to reroute a section of the barrier around the village of Bil’in to implement a 2007 Israeli High Court order, which is expected to return 700,000 square meters of arable land to the village, while leaving approximately 150,000 square meters west of the barrier.

8. We are also concerned at continued settler violence. There have been 8 reported attacks by settlers on Palestinians, including on 9 February when settlers shot and injured a Palestinian teenager.

9. We note legitimate Israeli and Palestinian security concerns. Sustainable security will best be achieved by intensified cooperation, continued empowerment of PA security efforts and PA performance, curtailment of IDF incursions into Palestinian areas, full respect for legitimate non-violent protest, Israeli action to curb settler violence, Palestinian action against incitement, and progress in both political negotiations and economic development.

10. OCHA recorded the removal of 24 closure obstacles throughout the Hebron governorate, continuing the gradual easing of Palestinian movement in areas to the east of the Barrier. However, as of 16 February, 550 obstacles to movement remain in place throughout the West Bank, of which 89 are permanently and partially staffed checkpoints. The Israeli government recently allowed tourist buses to use the Jalameh vehicle crossing from northern Israel into the West Bank, with the aim of boosting the Palestinian tourism sector. The Israeli government is encouraged to continue to facilitate this access, and to take more far-reaching measures as well.

11. The important work of Palestinian state-building through institutional reform and development is continuing. However, the recurrent financing requirements facing the Palestinian Authority are still substantial, projected at about $1.2 billion in 2010, despite reduced spending on wages and subsidies. We encourage donors to channel their assistance, first and foremost through the Single Treasury Account, and to support the priorities articulated by the Palestinian Authority for 2010. We welcome recent transfers and pledges and also strongly encourage those donors who have not yet done so to frontload financial support, to allow for greater predictability. We also stress the importance of applying accepted principles of aid effectiveness to ensure better targeting and maximize program impact.

Mr. President,

12. On 8 February the Palestinian Cabinet called for local elections to be held on 17 July 2010, in accordance with the local election law for all 335 municipal councils in the West Bank and Gaza. The Palestinian Central Election Commission is planning to start registering voters on 6 March. We take this opportunity to urge Hamas to respond positively to this important part of the democratic process.

13. Senior Fateh and independent figures visited Gaza during the reporting period in an effort to ease tensions and promote reconciliation. Other factions in the Gaza Strip have also been active in this direction, and an Arab parliamentary group visited the Strip on 15 and 16 February. However, to date, there has been no further progress in finalizing an agreement based on Egypt’s proposal.

14. It is deeply regrettable that there has been no breakthrough on a prisoner exchange to secure the release of Corporal Shalit and Palestinian prisoners, despite intensive efforts in recent months.

15. While the Hamas de facto authorities are reportedly exerting efforts to prevent the launching of rockets at Israel, 19 projectiles were fired from Gaza and 11 reached southern Israel during this reporting period, with no damages or injuries reported. Three barrels of explosives washed up on Israeli beaches between 1 and 3 February, with a further two detonating at sea. There was an IED attack on a convoy of ICRC vehicles on 4 February which damaged one vehicle, and two other IED attacks, reportedly by Salafist elements, killing one Hamas militant and injuring four others. One Palestinian was killed in an Israeli air strike, and 7 others were injured in IDF incursions and operations. We continue to condemn rocket fire and call for its cessation, and on all parties to maintain calm and strictly observe international humanitarian law.

16. We continue to receive reports of smuggling of weapons supplied from within the region. Egypt is maintaining its efforts as all states are called on to do in Security Council resolution 1860. Egypt is also seizing explosives and installing metal sheeting in areas along its border with Gaza. These efforts further underscore the vital importance of the opening of all legitimate crossings for imports and exports as envisaged in the 2005 Movement and Access Agreement and in resolution 1860.

17. The Israeli closure of Gaza remains in place. This counter-productive policy is empowering smugglers and militants, destroying legitimate commerce, and causing unacceptable hardship for the civilian population, more than half of whom are children.

18. During the reporting period, food and hygiene products comprised 84% of imports, and a weekly average of 561 trucks entered the Strip – slightly more than the previous reporting period, but far short of the weekly average of 2,087 trucks before the Hamas takeover in June 2007. Cooking gas supplies met only 48% of estimated weekly needs during the reporting period. We take positive note of the entry of a slightly wider range of materials, such as glass, electricity spare parts, and one elevator for a maternity hospital. The first phase of the Northern Gaza wastewater treatment plant project was completed in late January. We also note that the export of cut flowers and strawberries continued.

19. However, the scale and quantity of goods entering Gaza through the Israeli crossings, as well as the level of exports, remains far short of requirements. Sufficient materials to re-start civilian reconstruction are still not entering Gaza through the Israeli crossings. We again express our disappointment that there has been no satisfactory Israeli response to the UN’s proposal to complete stalled projects for housing, schools and health facilities. We also continue to be concerned about fuel shortages at the Gaza power plant as a result of funding shortfalls and technical failures, leading to rolling blackouts.

Mr. President,

20. Turning to the regional situation, we deplore the heightened and belligerent rhetoric during the reporting period and call for its cessation.

21. We continue to support all efforts to revive the Israeli-Syrian track and a broader resolution to the Arab-Israeli conflict as envisaged in Security Council resolutions and the Arab Peace Initiative. The situation in the occupied Syrian Golan remained calm despite continued settlement activity.

22. In Lebanon, on 14 February, a large rally took place in Beirut to commemorate the fifth anniversary of the assassination of former Prime Minister Rafiq Hariri and 22 others. On that occasion, leaders of the 14 March coalition commemorated Mr. Hariri’s contribution to Lebanon’s development and reaffirmed their determination to establish the truth behind his murder. Prime Minister Saad Hariri emphasized the importance of national unity and Lebanon’s role with regard to inter-Arab reconciliation. In a statement, the Secretary-General said that he stood with the people of Lebanon, and he reaffirmed the commitment of the United Nations to the efforts of the Special Tribunal for Lebanon.

23. On 15 February clashes between members of radical Islamist movements and members of Fatah broke out in the Palestinian refugee camp of Ain el Hilweh, near Saida. At least one person was killed as a result of the fighting before calm was restored to the camp. This incident disrupted an otherwise generally calm situation in the camps.

24. Even as progress is being made in the reconstruction of the Nahr el Bared refugee camp, funding remains a major concern. The United Nations urges the international community to renew its financial support to the reconstruction of Nahr el Bared so that progress can be sustained.

25. The situation in the area of operations of UNIFIL remains quiet. On 31 January 2009, the IDF apprehended a 17-year old Lebanese shepherd in the vicinity of Kafr Shouba, alleging he had crossed south of the Blue Line. On 1 February, the civilian was handed over to UNIFIL who, in turn, handed him to the Lebanese authorities. An investigation is ongoing into the incident.

26. Israeli overflights have continued on an almost daily basis, with a marked increase on several days in early February.

Mr. President,

27. We remain deeply concerned at the current stalemate. We call for the resumption of talks on final status issues, implementation of Roadmap commitments, continued efforts to improve economic and security conditions, and a different and more positive approach to Gaza. We remain committed to an end to the occupation that began in 1967 and an end to the conflict, through the creation of an independent Palestinian State living side-by-side with Israel in peace and security, and comprehensive regional peace, in accordance with Security Council resolutions, previous agreements, the Roadmap, and the Arab Peace Initiative.

Thank you Mr. President.

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January 8, 2009

The Security Council,

Recalling all of its relevant resolutions, including resolutions 242 (1967), 338 (1973), 1397 (2002), 1515 (2003) and 1850 (2008),

Stressing that the Gaza Strip constitutes an integral part of the territory occupied in 1967 and will be a part of the Palestinian state,

Emphasizing the importance of the safety and well-being of all civilians,

Expressing grave concern at the escalation of violence and the deterioration of the situation, in particular the resulting heavy civilian casualties since the refusal to extend the period of calm; and emphasizing that the Palestinian and Israeli civilian populations must be protected,

Expressing grave concern also at the deepening humanitarian crisis in Gaza,

Emphasising the need to ensure sustained and regular flow of goods and people through the Gaza crossings,

Recognising the vital role played by UNRWA in providing humanitarian and economic assistance within Gaza,

Recalling that a lasting solution to the Israeli-Palestinian conflict can only be achieved by peaceful means,

Reaffirming the right of all States in the region to live in peace within secure and internationally recognized borders,

1. Stresses the urgency of and calls for an immediate, durable and fully respected ceasefire, leading to the full withdrawal of Israeli forces from Gaza;

2. Calls for the unimpeded provision and distribution throughout Gaza of humanitarian assistance, including of food, fuel and medical treatment;

3. Welcomes the initiatives aimed at creating and opening humanitarian corridors and other mechanisms for the sustained delivery of humanitarian aid;

4. Calls on Member States to support international efforts to alleviate the humanitarian and economic situation in Gaza, including through urgently needed additional contributions to UNRWA and through the Ad Hoc Liaison Committee;

5. Condemns all violence and hostilities directed against civilians and all acts of terrorism;

6. Calls upon Member States to intensify efforts to provide arrangements and guarantees in Gaza in order to sustain a durable ceasefire and calm, including to prevent illicit trafficking in arms and ammunition and to ensure the sustained re-opening of the crossing points on the basis of the 2005 Agreement on Movement and Access between the Palestinian Authority and Israel; and in this regard, welcomes the Egyptian initiative, and other regional and international efforts that are under way;

7. Encourages tangible steps towards intra-Palestinian reconciliation including in support of mediation efforts of Egypt and the League of Arab States as expressed in the 26 November 2008 resolution, and consistent with Security Council resolution 1850 (2008) and other relevant resolutions;

8. Calls for renewed and urgent efforts by the parties and the international community to achieve a comprehensive peace based on the vision of a region where two democratic States, Israel and Palestine, live side by side in peace with secure and recognized borders, as envisaged in Security Council resolution 1850 (2008), and recalls also the importance of the Arab Peace Initiative;

9. Welcomes the Quartet's consideration, in consultation with the parties, of an international meeting in Moscow in 2009;

10. Decides to remain seized of the matter.

Immediately following the vote, Secretary-General Ban said, after two weeks of escalating violence and suffering in Gaza and southern Israel, he was heartened and relieved at the adoption of a resolution to end the tragic situation. The Council's action signaled the will of the international community and must be fully respected by the parties. He stressed, however, that more would be needed, and a political way forward was required to deliver long-term security and peace. "My visit to the region next week will focus on helping to ensure that the ceasefire is implemented, that urgent humanitarian assistance reaches those in need and encouraging the diplomatic efforts currently under way," he added.

Explaining the United States decision to abstain, Secretary of State Condoleezza Rice said that, while her Government had agreed with the goals and objectives of the resolution: "The United States thought it important to see the outcomes of the Egyptian mediation efforts in order to see what this resolution might have been supporting." Still, she said, the United States believed that, by adopting the resolution, the Council had provided a road map for a sustainable, durable peace in Gaza.

Riyad Al-Maliki, Minister for Foreign Affairs of the Palestinian Authority, said that adoption of the resolution had been delayed several days, despite the deepening humanitarian crisis and heavy loss of lives of Palestinian civilians. Some 700 Palestinians had been killed and close to 3,000 had been wounded. Nevertheless, Israel must now end its war against the Palestinian people and withdraw its forces from the Gaza Strip, he said. It must also lift the closure of borders and ensure humanitarian access to the people in need. "The violence must cease so that [.] we can rebuild what the brutal Israeli war machine had destroyed in Gaza," he declared.

Israeli Ambassador Gabriela Shalev told the Council that Israel had withdrawn from Gaza in 2005 hoping it would never have to return. However, after eight years of continuous rocket attacks by the Hamas terrorist organization, Hamas's refusal to extend the period of calm, and its smuggling of weapons during that period, Israel had been left with no choice but to act in self-defence. "Responsibility for the current hostilities lies squarely with Hamas," she said, adding that the international community must focus its attention on the cessation of Hamas' terrorist activities, including the total cessation of rocket fire and smuggling, in order to be durable and to allow the possibility of lasting peace.

David Miliband, Foreign Secretary of the United Kingdom, whose country sponsored the text, told the Council that statistics did not do justice to the situation in Gaza, "but the word 'crisis', which is sometimes overused, is wholly appropriate." His Government had been calling for an immediate ceasefire from the very beginning of the conflict and tonight, at last, the United Nations was speaking clearly with one voice. The job now was to turn the words of the resolution into a reality, he said.

To promote peaceful economic development and improve the humanitarian situation on the ground, the following agreement has been reached. It represents the commitments of the Government of Israel (GoI) and the Palestinian Authority (PA). Its implementation and further elaboration will be assisted by the Quartet Special Envoy for Disengagement and his staff and/or the United States Security Coordinator (USSC) and his staff.

Rafah

The parties have agreed to the attached statement of principles. Rafah will be opened as soon as it is ready to operate at an international standard in accordance with the specifications of this agreement and as soon as the 3rd party is on site, with a target date of November 25.

Crossing Points

The parties have agreed that:

The passages will operate continuously. On an urgent basis, Israel will permit the export of all agricultural products from Gaza during this 2005 harvest season.

The new and additional scanner will be installed and fully operational by December 31. At that time, the number of export trucks per day to be processed through Karni will reach 150 and 400 by end-2006. A common management system will be adopted by both parties.

In addition to the number of trucks above, Israel will permit export of agricultural produce from Gaza and will facilitate its speedy exit and onward movement so that quality and freshness can be maintained. Israel will ensure the continued opportunity to export.

To enhance operation, the parties agree that:

- When a new generation of x-ray equipment able to scan trailers as well as containers becomes available it will be used. Once it arrives in the country, testing will also be carried out with the assistance of the Quartet Special Envoy.

- The USSC will ensure continuing consultation, with unresolved implementation issues to be discussed as needed with the parties.

- The PA will ensure that the passages will be protected on the Palestinian side of the border and will train and upgrade the management of all crossings to ensure efficiency and effectiveness. The PA will establish, without delay, a unified system of border management.

- The management system that has been developed for Karni should, with suitable local variations, be adapted to the passages at Erez and Kerem Shalom. Israel also undertakes to put in place similar arrangements as appropriate that will make West Bank passages fully operational as soon as possible. A bilateral committee, with participation as needed of the Quartet Special Envoy and/or the USSC, will develop operational procedures for those passages.

Link between Gaza and the West Bank

Israel will allow the passage of convoys to facilitate the movements of goods and persons. Specifically:

- Establish bus convoys by December 15.

- Establish truck convoys by January 15.

- Work out detailed implementation arrangements in a bilateral committee of the GoI and PA with participation as needed from the Quartet team and the USSC.

It is understood that security is a prime and continuing concern for Israel and that appropriate arrangements to ensure security will be adopted.

Movement within the West Bank

Consistent with Israel's security needs, to facilitate movement of people and goods within the West Bank and to minimize disruption to Palestinian lives, the ongoing work between Israel and the U.S. to establish an agreed list of obstacles to movement and develop a plan to reduce them to the maximum extent possible will be accelerated so that the work can be completed by December 31.

Gaza Seaport

Construction of a seaport can commence. The GoI will undertake to assure donors that it will not interfere with operation of the port. The parties will establish a U.S.-led tripartite committee to develop security and other relevant arrangements for the port prior to its opening. The 3rd party model to be used at Rafah will provide the basis for this work.

Airport

The parties agree on the importance of the airport. Discussions will continue on the issues of security arrangements, construction, and operation.

Agreed Principles for Rafah Crossing

To be supplemented prior to opening by agreements on security, customs and 3rd party implementation procedures

General

Rafah will be operated by the Palestinian Authority on its side, and Egypt on its side, according to international standards, in accordance with Palestinian law and subject to the terms of this agreement.

Rafah will be opened as soon as it is ready to operate at an international standard in accordance with the specifications of this agreement and as soon as the 3rd party is on site, with a target date of November 25.

Use of the Rafah crossing will be restricted to Palestinian ID card holders and others by exception in agreed categories with prior notification to the GoI and approval of senior PA leadership.

The PA will notify the GoI 48 hours in advance of the crossing of a person in the excepted categories-diplomats, foreign investors, foreign representatives of recognized international organizations and humanitarian cases.

The GoI will respond within 24 hours with any objections and will include the reasons for the objections;

The PA will notify the GoI of their decision within 24 hours and will include the reasons for their decision;

The 3rd party will ensure the proper procedures are followed and will advise both sides of any information in its possession pertaining to the people applying to cross under these exceptions.

These procedures will remain in place for a period of 12 months, unless the 3rd party delivers a negative evaluation of the PA running the Rafah crossing. This evaluation will be done in close coordination with both sides and will give due consideration to the opinion of both sides.

Rafah will also be used for export of goods to Egypt.

Objective criteria for the inspection of cars will be established by consensus. The criteria are as follows:

Search equipment will be installed, including

- Black lights

- Power tools and a compressor for the tools

- Technology to be agreed, possibly including sonic imagery, gamma detection (full vehicle or hand held), and/or millimetre wave imagery

- Mirrors and bore scope equipment to search hard to reach places

Personnel will be trained to search vehicles and on the use of this equipment by the 3rd party to international standards.

Cameras will be installed to monitor the search process.

The 3rd party will evaluate the capacity of the PA to inspect cars according to these criteria and to international standards. Once the PA develops the capacity to inspect cars to the satisfaction of the 3rd party, cars will be allowed to pass through Rafah. Until that time, cars will pass through on an exceptional basis, subject to specifications agreed in the security protocol.

Rafah will be the only crossing point between the Gaza Strip and Egypt (with the exception of Kerem Shalom for the agreed period).

The PA will establish clear operating procedures.

Until Rafah is operational, the PA will open Rafah crossing on an ad hoc basis for religious pilgrims, medical patients, and others, in coordination with General Gilad's office on the Israeli side.

Israel will provide the PA with all information needed to update the Palestinian population registry, including all information on Palestinian ID card holders who are currently outside the country.

A liaison office, led by the 3rd party, will receive real-time video and data feed of the activities at Rafah and will meet regularly to review implementation of this agreement, resolve any disputes arising from this agreement, and perform other tasks specified in this agreement.

Security

The PA will act to prevent the movement of weapons and explosives at the Rafah crossing.

The PA will establish baggage limits for each passenger as part of the procedures. Limits will be the same as currently applied by the GoI; very frequent travellers (suitcase policy) to be agreed.

Travellers, including returning residents, may use the crossing point to bring in personal effects as defined in Rule 1(e) to Heading 7 of the Annex to the prevailing Customs Tariff. Any other personal belongings or other goods shall be cleared at the Kerem Shalom crossing point.

The PA will provide the 3rd party a list of names of the workers at Rafah crossing which will be shared with the Israelis. The PA will take the Israelis concerns into account.

Security services from Israel, PA, the U.S., and Egypt will continue to coordinate on security issues and will participate in the security working group.

On a case by case basis, the PA will consider information on persons of concern provided by the GoI. The PA will consult with the GoI and the 3rd party prior to the PA making a decision to prohibit travel or not. During this consultation, which will not take more than six hours, the person in question will not be permitted to cross.

Customs

GoI and PA will continue to apply the

Paris Protocol of 29 April 1994.

Rafah will be operated according to international standards and rules and the Paris Protocol.

GoI and PA agree on widest possible co-operation and information sharing.

GoI and PA will co-operate on training issues.

GoI and PA customs will hold regular meetings to which the GoE will be invited as appropriate.

Kerem Shalom

PA customs officials will clear incoming cargo at Kerem Shalom under the supervision of Israeli customs agents.

Both sides will discuss operating procedures at a later stage.

Operations at Kerem Shalom will provide training and capacity building to PA customs staff.

The 3rd party will review the PA's customs capacity in 12 months and make a recommendation to both sides for a joint decision regarding future arrangements. In the event of a disagreement, the U.S., in consultation with the GoI, the PA, and the 3rd party, will resolve the issue expeditiously.

Third party

The 3rd party will have the authority to ensure that the PA complies with all applicable rules and regulations concerning the Rafah crossing point and the terms of this agreement. In case of non-compliance the 3rd party has the authority to order the re-examination and reassessment of any passenger, luggage, vehicle or goods. While the request is being processed, the person, luggage, vehicle or cargo in question will not be allowed to leave the premises of the Rafah crossing point.

The 3rd party will assist the PA to build capacity - training, equipment and technical assistance - on border management and customs.

Details of the 3rd party's role are specified in the attached memorandum of understanding.

The 3rd party will be the European Union.

UNITED NATIONS -- Following is the full text of UN Security Council Resolution 1701 on the Israel-Hezbollah war:
"The Security Council,

"PP1. Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978), 426 (1978), 520 (1982), 1559 (2004), 1655 (2006), 1680 (2006) and 1697 (2006), as well as the statements of its president on the situation in Lebanon, in particular the statements of 18 June, 2000, of 19 October, 2004, of 4 May 2005, of 23 January 2006 and of 30 July 2006;

"PP2. Expressing its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons;

"PP3. Emphasizing the need for an end of violence, but at the same time emphasizing the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers;

"PP4: Mindful of the sensitivity of the issue of prisoners and encouraging the efforts aimed at urgently settling the issue of the Lebanese prisoners detained in Israel;

"PP5. Welcoming the efforts of the Lebanese prime minister and the commitment of the government of Lebanon, in its seven-point plan, to extend its authority over its territory, through its own legitimate armed forces, such that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon, welcoming also its commitment to a UN force that is supplemented and enhanced in numbers, equipment, mandate and scope of operation, and bearing in mind its request in this plan for an immediate withdrawal of the Israeli forces from Southern Lebanon;

"PP6. Determined to act for this withdrawal to happen at the earliest;

"PP7. Taking due note of the proposals made in the seven-point plan regarding the Shebaa farms area;

"PP8. Welcoming the unanimous decision by the government of Lebanon on 7 August 2006 to deploy a Lebanese armed force of 15,000 troops in south Lebanon as the Israeli army withdraws behind the Blue Line and to request the assistance of additional forces from UNIFIL as needed, to facilitate the entry of the Lebanese armed forces into the region and to restate its intention to strengthen the Lebanese armed forces with material as needed to enable it to perform its duties;

"PP9. Aware of its responsibilities to help secure a permanent ceasefire and a long-term solution to the conflict;

"PP10. Determining that the situation in Lebanon constitutes a threat to international peace and security;

"OP1. Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations;

"OP2. Upon full cessation of hostilities, calls upon the government of Lebanon and UNIFIL as authorized by paragraph 11 to deploy their forces together throughout the South and calls upon the government of Israel, as that deployment begins, to withdraw all of its forces from southern Lebanon in parallel;

"OP3. Emphasizes the importance of the extension of the control of the government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty, so that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon;

"OP4. Reiterates its strong support for full respect for the Blue Line;

"OP5. Also reiterates its strong support, as recalled in all its previous relevant resolutions, for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949;

"OP6. Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the government of Lebanon, reopening airports and harbors, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;

"OP7. Affirms that all parties are responsible for ensuring that no action is taken contrary to paragraph 1 that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, including safe passage for humanitarian convoys, or the voluntary and safe return of displaced persons, and calls on all parties to comply with this responsibility and to cooperate with the Security Council;

"OP8. Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:

• full respect for the Blue Line by both parties;
• security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the government of Lebanon and of UNIFIL as authorized in paragraph 11, deployed in this area;
• full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;
• no foreign forces in Lebanon without the consent of its government;
• no sales or supply of arms and related materiel to Lebanon except as authorized by its government;
• provision to the United Nations of all remaining maps of land mines in Lebanon in Israel's possession;

"OP9. Invites the secretary general to support efforts to secure as soon as possible agreements in principle from the government of Lebanon and the government of Israel to the principles and elements for a long-term solution as set forth in paragraph 8, and expresses its intention to be actively involved;

"OP10. Requests the secretary general to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Shebaa farms area, and to present to the Security Council those proposals within 30 days;

"OP11. Decides, in order to supplement and enhance the force in numbers, equipment, mandate and scope of operations, to authorize an increase in the force strength of UNIFIL to a maximum of 15,000 troops, and that the force shall, in addition to carrying out its mandate under resolutions 425 and 426 (1978):

1. Monitor the cessation of hostilities;
2. Accompany and support the Lebanese armed forces as they deploy throughout the South, including along the Blue Line, as Israel withdraws its armed forces from Lebanon as provided in paragraph 2;
3. Coordinate its activities related to paragraph 11 (b) with the government of Lebanon and the Government of Israel;
4. Extend its assistance to help ensure humanitarian access to civilian populations and the voluntary and safe return of displaced persons;
5. Assist the Lebanese armed forces in taking steps towards the establishment of the area as referred to in paragraph 8;
6. Assist the government of Lebanon, at its request, to implement paragraph 14;

"OP12. Acting in support of a request from the government of Lebanon to deploy an international force to assist it to exercise its authority throughout the territory, authorizes UNIFIL to take all necessary action in areas of deployment of its forces and as it deems within its capabilities, to ensure that its area of operations is not utilized for hostile activities of any kind, to resist attempts by forceful means to prevent it from discharging its duties under the mandate of the Security Council, and to protect United Nations personnel, facilities, installations and equipment, ensure the security and freedom of movement of United Nations personnel, humanitarian workers, and, without prejudice to the responsibility of the government of Lebanon, to protect civilians under imminent threat of physical violence;

"OP13. Requests the secretary general urgently to put in place measures to ensure UNIFIL is able to carry out the functions envisaged in this resolution, urges member states to consider making appropriate contributions to UNIFIL and to respond positively to requests for assistance from the Force, and expresses its strong appreciation to those who have contributed to UNIFIL in the past;

"OP14. Calls upon the government of Lebanon to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel and requests UNIFIL as authorized in paragraph 11 to assist the government of Lebanon at its request;

"OP15. Decides further that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft;

1. the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and;
2. the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorized by the government of Lebanon or by UNIFIL as authorized in paragraph 11;

"OP16. Decides to extend the mandate of UNIFIL until 31 August 2007, and expresses its intention to consider in a later resolution further enhancements to the mandate and other steps to contribute to the implementation of a permanent ceasefire and a long-term solution;

"OP17. Requests the secretary general to report to the Council within one week on the implementation of this resolution and subsequently on a regular basis;

"OP18. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973;

"OP19. Decides to remain actively seized of the matter.

The text of a UN Security Council draft resolution aimed at ending the conflict between Israel and Hezbollah in Lebanon.

Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978), 426 (1978), 520 (1982), 1559 (2004), 1655 (2006) and 1680 (2006), as well as the statements of its President on the situation in Lebanon, in particular the statements of 18 June 2000 (S/PRST/2000/21), of 19

October 2004 (S/PRST/2004/36), of 4 May 2005 (S/PRST/2005/17) of 23 January 2006 (S/PRST/2006/3) and of 30 July 2006 (S/PRST/2006/35),

Expressing its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons,

Emphasising the need for an end of violence, but at the same time emphasizing the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers,

Mindful of the sensitivity of the issue of prisoners and encouraging the efforts aimed at settling the issue of the Lebanese prisoners detained in Israel,

1. Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations;

2. Reiterates its strong support for full respect for the Blue Line;

3. Also reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949;

4. Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbours for verifiably and purely civilian purposes, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;

5. Emphasizes the importance of the extension of the control of the Government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty and authority;

6. Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:
   • strict respect by all parties for the sovereignty and territorial integrity of Israel and Lebanon;

   • full respect for the Blue Line by both parties;

   • delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including in the Chebaa farms area;

   • security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the Lebanese armed and security forces and of UN mandated international forces deployed in this area;

   • full implementation of the relevant provisions of the Taif Accords and of resolutions 1559 (2004) and 1680 (2006) that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;

   • deployment of an international force in Lebanon, consistent with paragraph 10 below;

   • establishment of an international embargo on the sale or supply of arms and related material to Lebanon except as authorized by its government;

   • elimination of foreign forces in Lebanon without the consent of its government;

   • provision to the United Nations of remaining maps of land mines in Lebanon in Israel's possession;

7. Invites the Secretary General to support efforts to secure agreements in principle from the Government of Lebanon and the Government of Israel to the principles and elements for a long-term solution as set forth in paragraph 6 above;

8. Requests the Secretary General to develop, in liaison with key international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Chebaa farms, and to present those proposals to the Security Council within thirty days;

9. Calls on all parties to cooperate during this period with the Security Council and to refrain from any action contrary to paragraph 1 above that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, or the safe return of displaced persons, and requests the Secretary General to keep the Council informed in this regard;

10. Expresses its intention, upon confirmation to the Security Council that the Government of Lebanon and the Government of Israel have agreed in principle to the principles and elements for a long-term solution as set forth in paragraph 6 above, and subject to their approval, to authorize in a further resolution under Chapter VII of the Charter the deployment of a UN mandated international force to support the Lebanese armed forces and government in providing a secure environment and contribute to the implementation of a permanent ceasefire and a long-term solution;

11. Requests UNIFIL, upon cessation of hostilities, to monitor its implementation and to extend its assistance to help ensure humanitarian access to civilian populations and the safe return of displaced persons;

12. Calls upon the Government of Lebanon to ensure arms or related materiel are not imported into Lebanon without its consent and requests UNIFIL, conditions permitting, to assist the Government of Lebanon at its request;

13. Requests the Secretary-General to report to the Council within one week on the implementation of this resolution and to provide any relevant information in light of the Councils intention to adopt, consistent with paragraph 10 above, a further resolution;

14. Decides to remain actively seized of the matter.

United Nations General Assembly A/59/L.39 24 November 2004

Fifty-ninth session Agenda item 36 The situation in the Middle East

Algeria, Bahrain, Bangladesh, Comoros, Cuba, Djibouti, Egypt, Guinea, Indonesia, Iraq, Jordan, Kuwait, Lao People's Democratic Republic, Malaysia, Mauritania, Morocco, Namibia, Oman, Qatar, Saudi Arabia, Senegal, Somalia, Sudan, Tunisia, United Arab Emirates, Yemen and Palestine:

Draft resolution: Jerusalem

The General Assembly,

Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem,

Recalling also its resolution 36/120 E of 10 December 1981 and all subsequent resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling further Security Council resolutions relevant to Jerusalem, including resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City,

Taking into account the Advisory Opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,1

Expressing its grave concern at any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions,

Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter,

Having considered the report of the Secretary-General, 2

1. Reiterates its determination that any actions taken by Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980), and calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;
3. Stresses that a comprehensive, just and lasting solution to the question of the City of Jerusalem should take into account the legitimate concerns of both the Palestinian and Israeli sides and should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by the people of all religions and nationalities;
4. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution

ORIGINAL: English

Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem

Guided by the principles enshrined in the Charter of the United Nations,

Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,

Recalling General Assembly resolution 2625 (XXV) of 24 October 1970, on the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Reaffirming the illegality of any territorial acquisition resulting from the threat or use of force,

Recalling the Regulations annexed to the Hague Convention respecting the Laws and Customs of War on Land, of 1907,

Recalling also the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and relevant provisions of customary law, including those codified in Protocol 1 Additional to the four Geneva Conventions,

Recalling further the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child,

Reaffirming the permanent responsibility of the United Nations towards the question of Palestine until it is resolved in all aspects in a satisfactory matter on the basis of international legitimacy,

Recalling also relevant Security Council resolutions including 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996, 1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003, and 1544 (2004) of 19 May 2004,

Recalling its resolutions of the tenth emergency special session on illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory,

Reaffirming the most recent resolution of the fifty-eighth session of the General Assembly, 58/292 of 17 May 2004, on the Status of the Occupied Palestinian Territory, including East Jerusalem,

Reaffirming the right of the Palestinian people to self-determination, including their right to their independent State of Palestine,

Reaffirming also the commitment to the two-State solution of Israel and Palestine, living side by side in peace and security within recognized borders, based on the pre-1967 borders,

Condemning all acts of violence, terrorism and destruction,

Recalling its resolution ES-10/13 of 21 October 2003, in which it demanded that Israel stop and reverse the construction of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem,

Recalling also its resolution ES-10/14 of 8 December 2003, in which the Assembly requested the International Court of Justice to urgently render an advisory opinion on the following question:

What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?,

Having received with respect the advisory opinion of the International Court of Justice on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory", rendered on 9 July 2004,

Noting in particular that the Court replied to the question put forth by the General Assembly in resolution ES-10/14 as follows:

A. "The construction of the Wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law;

B. Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the Wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion;

C. Israel is under an obligation to make reparation for all damage caused by the construction of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem;
D. All States are under an obligation not to recognize the illegal situation resulting from the construction of the Wall and not to render aid or assistance in maintaining the situation created by such construction; all States Parties to the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention;

E. The United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall and the associated regime, taking due account of the present Advisory Opinion."

Noting that the Court concluded that "the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law",

Noting also the statement made by the Court that "Israel and Palestine are under an obligation scrupulously to observe the rules of international humanitarian law, one of the paramount purposes of which is to protect civilian life", and that "in the Court's view, this tragic situation can be brought to an end only through implementation in good faith of all relevant Security Council resolutions, in particular resolutions 242 (1967) and 338 (1973)",

Considering that respect for the International Court of Justice and its functions is essential to the rule of law and reason in international affairs,

1. Acknowledges the advisory opinion of the International Court of Justice of 9 July 2004 on the legal consequences of the construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem;
2. Demands that Israel, the occupying Power, comply with its legal obligations as identified in the advisory opinion;

3. Demands that all Member States of the United Nations comply with their legal obligations as identified in the advisory opinion;

4. Requests the Secretary-General of the United Nations to establish a register of damage caused to all the natural or legal persons concerned in connection with paragraphs 152 and 153 of the Advisory Opinion;

5. Decides to reconvene to assess the implementation of this resolution with the aim of ending the illegal situation resulting from the construction of the wall and its associated regime in the Occupied Palestinian Territory, including East Jerusalem;

6. Calls on both the Government of Israel and the Palestinian Authority to immediately implement their obligations under the Road Map in cooperation with the Quartet, endorsed by Security Council resolution 1515 (2003), to achieve the vision of two States living side by side in peace and security, and emphasizes that both Israel and the Palestinian Authority are under an obligation scrupulously to observe the rules of international humanitarian law;

7. Calls upon all States Parties to the Fourth Geneva Convention of 1949 to ensure compliance by Israel with the Convention, and invites Switzerland, in its capacity as the depositary of the Geneva Conventions, to conduct consultations and to report to the General Assembly on the matter, including with regard to the possibility of resuming the Conference of High Contracting Parties to the Fourth Geneva Convention;

8. Decides to adjourn the tenth emergency special session temporarily and to authorize the President of the General Assembly at its most recent session to resume its meeting upon request from Member States.

"The Security Council, recalling its resolutions 242 (1967); 338 (1973), 1397 (2002), 1435 (2002), 1515 (2003), "Expressing its grave concern at the continued deterioration of the situation on the ground in the Occupied Palestinian Territory, including East Jerusalem, as a result of the escalation of violence and attacks,

"1. Condemns the most recent extrajudicial execution committed by Israel, the occupying Power, that killed Sheikh Ahmed Yassin along with six other Palestinians outside a mosque in Gaza City and calls for a complete cessation of extrajudicial executions;

"2. Condemns also all terrorist attacks against any civilians as well as all acts of violence and destruction;

"3. Calls on all sides to immediately undertake an unconditional cessation of acts of violence, including all acts of terrorism, provocation, incitement and destruction;

"4. Calls for the cessation of all illegal measures and practices and for respect for and adherence to international humanitarian law;

"5. Calls on both parties to fulfill their obligations under the road map endorsed by Security Council resolution 1515 (2003) and to work with the Quartet to implement it in order to achieve the vision of the two states living side by side in peace and security;

"6. Decides to remain seized of the matter."

ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40 In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43

All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.

Article 45

In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47

There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.

The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.

The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48

The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they remembers.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

The following is the text of the new Security Council resolution on Iraq which was unanimously approved Friday:

Recalling all its previous relevant resolutions, in particular its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant statements of its president,

Recalling also its resolution 1382 (2001) of 29 November 2001 and its intention to implement it fully,

Recognizing the threat Iraq's noncompliance with council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,

Recalling that its resolution 678 (1990) authorized member states to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,

Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area,

Deploring the fact that Iraq has not provided an accurate, full, final, and complete disclosure, as required by resolution 687 (1991), of all aspects of its programs to develop weapons of mass destruction and ballistic missiles with a range greater than 150 kilometers, and of all holdings of such weapons, their components and production facilities and locations, as well as all other nuclear programs, including any which it claims are for purposes not related to nuclear-weapons-usable material,

Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted access to sites designated by the United Nations (news - web sites) Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,

Deploring the absence, since December 1998, in Iraq of international monitoring, inspection, and verification, as required by relevant resolutions, of weapons of mass destruction and ballistic missiles, in spite of the council's repeated demands that Iraq provide immediate, unconditional, and unrestricted access to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC), established in resolution 1284 (1999) as the successor organization to UNSCOM, and the IAEA, and regretting the consequent prolonging of the crisis in the region and the suffering of the Iraqi people,

Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,

Recalling that in its resolution 687 (1991) the council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,

Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the council constitute the governing standard of Iraqi compliance,

Recalling that the effective operation of UNMOVIC, as the successor organization to the Special Commission, and the IAEA, is essential for the implementation of resolution 687 (1991) and other relevant resolutions,

Noting the letter dated 16 September 2002 from the minister for foreign affairs of Iraq addressed to the secretary-general is a necessary first step toward rectifying Iraq's continued failure to comply with relevant council resolutions,

Noting further the letter dated 8 October 2002 from the executive chairman of UNMOVIC and the director general of the IAEA to General Al-Saadi of the government of Iraq laying out the practical arrangements, as a follow-up to their meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern at the continued failure by the government of Iraq to provide confirmation of the arrangements as laid out in that letter,

Reaffirming the commitment of all member states to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighboring states,

Commending the secretary-general and the members of the League of Arab States and its secretary-general for their efforts in this regard,

Determined to secure full compliance with its decisions,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq's failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);

2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the council;

3. Decides that, in order to begin to comply with its disarmament obligations, in addition to submitting the required biannual declarations, the government of Iraq shall provide to UNMOVIC, the IAEA, and the council, not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programs to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as unmanned aerial vehicles and dispersal systems designed for use on aircraft, including any holdings and precise locations of such weapons, components, sub-components, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programs, including any which it claims are for purposes not related to weapon production or material;

4. Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq's obligations and will be reported to the council for assessment in accordance with paragraph 11 and 12 below;

5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC's or the IAEA's choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi government; and instructs UNMOVIC and requests the IAEA to resume inspections no later than 45 days following adoption of this resolution and to update the council 60 days thereafter;

6. Endorses the 8 October 2002 letter from the executive chairman of UNMOVIC and the director general of the IAEA to General Al-Saadi of the government of Iraq, which is annexed hereto, and decides that the contents of the letter shall be binding upon Iraq;

7. Decides further that, in view of the prolonged interruption by Iraq of the presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks set forth in this resolution and all previous relevant resolutions and notwithstanding prior understandings, the council hereby establishes the following revised or additional authorities, which shall be binding upon Iraq, to facilitate their work in Iraq:

_UNMOVIC and the IAEA shall determine the composition of their inspection teams and ensure that these teams are composed of the most qualified and experienced experts available;

_All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities provided in the Convention on Privileges and Immunities of the United Nations and the Agreement on the Privileges and Immunities of the IAEA;

_UNMOVIC and the IAEA shall have unrestricted rights of entry into and out of Iraq, the right to free, unrestricted, and immediate movement to and from inspection sites, and the right to inspect any sites and buildings, including immediate, unimpeded, unconditional, and unrestricted access to presidential sites equal to that at other sites, notwithstanding the provisions of resolution 1154 (1998);

_UNMOVIC and the IAEA shall have the right to be provided by Iraq the names of all personnel currently and formerly associated with Iraq's chemical, biological, nuclear, and ballistic missile programs and the associated research, development, and production facilities;

_Security of UNMOVIC and IAEA facilities shall be ensured by sufficient U.N. security guards:

_UNMOVIC and the IAEA shall have the right to declare for the purposes of freezing a site to be inspected, exclusion zones, including surrounding areas and transit corridors, in which Iraq will suspend ground and aerial movement so that nothing is changed in or taken out of a site being inspected;

_UNMOVIC and the IAEA shall have the free and unrestricted use and landing of fixed and rotary winged aircraft, including manned and unmanned reconnaissance vehicles:

_UNMOVIC and the IAEA shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems, components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and

_UNMOVIC and the IAEA shall have the right to free import and use of equipment or materials for inspections and to seize and export any equipment, materials, or documents taken during inspections, without search of UNMOVIC or IAEA personnel or official or personal baggage;

8. Decides further that Iraq shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or of any member state taking action to uphold any council resolution;

9. Requests the secretary-general immediately to notify Iraq of this resolution, which is binding on Iraq; demands that Iraq confirm within seven days of that notification its intention to comply fully with this resolution; and demands further that Iraq cooperate immediately, unconditionally, and actively with UNMOVIC and the IAEA;

10. Requests all member states to give full support to UNMOVIC and the IAEA in the discharge of their mandates, including by providing any information related to prohibited programs or other aspects of their mandates; including on Iraqi attempts since 1998 to acquire prohibited items, and by recommending sites to be inspected, persons to be interviewed, conditions of such interviews, and data to be collected, the results of which shall be reported to the council by UNMOVIC and the IAEA;

11. Directs the executive chairman of UNMOVIC and the director general of the IAEA to report immediately to the council any interference by Iraq with inspection activities, as well as any failure by Iraq to comply with its disarmament obligations, including its obligations regarding inspections under this resolution;

12. Decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need for full compliance with all of the relevant council resolutions in order to secure international peace and security;

13. Recalls, in that context, that the council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;

14. Decides to remain seized of the matter.