9 January 1995 (A/49/824, S/1995/14)

Letter from Dr. Nasser Al-Kidwa, Permanent Observer of Palestine to the U.N., to the Secretary-General of the United Nations and the President of the Security Council: (Settlements) 

I am instructed to bring the following urgent and important matter to your attention.

Israel, the occupying Power, continues the illegal policy and practice of building settlements in the Occupied Palestinian Territory and allowing more Israeli settlers to move to those settlements, in direct and grave violation of Article 49 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and in violation of numerous Security Council resolutions, particularly resolutions 446 (1979), 452 (1979) and 465 (1980).

More Palestinian land is being confiscated, present settlements are being expanded, additional units are being completed and even new settlements are being established, especially in and around occupied East Jerusalem. Since September 1994, several announcements that have been made by high level Israeli officials indicate a worsening in Israel's position on this fundamental issue, and recently Israeli policies and practices have created real crises in this regard.

Such a policy and practice of the occupying Power, in addition to its grave violations of international humanitarian law and Security Council resolutions, is a clear attempt to create additional illegal facts, preempting negotiations on a final settlement between the Palestinian and Israeli sides. That, of course, violates the spirit and letter of the Declaration of Principles signed by the Government of Israel and the Palestine Liberation Organization on 13 September 1993 in Washington, D.C.

We believe that this policy and practice undermine confidence and threaten the peace process as a whole, and that it must be brought to an immediate end in order for the process to continue and succeed. The international community and the Security Council bear a special responsibility in this regard to guarantee the integrity of international law and that of the Council's own resolutions. Moreover, the two cosponsors of the peace process should fulfill their duties in preserving the integrity of the agreements that have been reached in a way which would guarantee the successful progression of the process towards the achievement of a just and lasting peace. A special responsibility also rests on the shoulders of the United States administration in preserving the understanding reached with the Israeli government with regard to Israel's settlement activities and its effect on the provision of the loan guarantees.

Finally, I would like to refer to the letter of the Chairman of the Arab Group for the month of January 1995, addressed to Your Excellency (A/49/823, S/1995/11) on the same subject, and to call upon the Security Council to formally and urgently deal with the issue of Israeli illegal settlements and to take steps to end the present threat to the peace process. I also wish to call upon Your Excellency to use your good offices in this regard.