7) Permanent Observer Mission 9 AZM ASL MI dead) of the State of Palestine } it il comaudd a) gu) to the United Nations => Booull ey sl Ref. MI. 169/18 The Permanent Observer Mission of the State of Palestine to the United Nations presents its compliments to the Permanent Missions to the United Nations, and has the honor to attach herewith the draft resolution that has been tabled today in the General Assembly on the protection of the Palestinian civilian population, as well as an explanatory memorandum in this regard. Please be informed that the intention is for the General Assembly to debate and act on this draft resolution in a resumed tenth emergency special session of the General Assembly by Wednesday, 13 June 2018, The exact date and time will be confirmed shortly. At this critical time, the Delegation of the State of Palestine respectfully appeals to all delegations for their valuable consideration and principled support of the draft resolution ‘The Permanent Observer Mission of the State of Palestine to the United Nations avails itself of this opportunity to renew to the Permanent Missions to the United Nations the assurances of its highest consideration. New York, 8 June 2018 ‘The Permanent Missions to the United Nations in New York 115 East 65" Street New York, NY 10065 Tel. (212) 288-8500 Fax (212) 517-2377Permanent Observer Mission SRA ASM deed of the State of Palestine Coauds al gut to the United Nations Book YW sul 8 June 2018 Explanatory Memorandum Draft Resolution on Protection of Palestinian Civilians and the Resumption of the 10 Emergency Special Session of the General Assembly 1. On1 June 2018, the Security Council regrettably failed to adopt a draft resolution addressing the recent escalation of violence and pressing need for protection of the Palestinian civilian population in the Occupied Palestinian Territory, including East Jerusalem, and particularly in the Gaza Strip, due to the veto cast by a permanent member on the draft that had been presented by Kuwait and supported by a majority of Council members. 2. The efforts to urgently address this crisis therefore continue. A joint letter from the Chair of the Arab Group and Chair of the OIC Summit has been conveyed today, formally requesting the President of the General Assembly to resume the 10" emergency special session of the General Assembly, with the aim of taking action in the coming week on the same draft that was voted on by the Security Council, with minimal changes recalling relevant General Assembly resolutions. 3. The draft resolution is intended to contribute to the efforts underway to de-escalate the situation, deter further violence against civilians, and advance the serious consideration of measures to ensure the safety, well-being and protection of the Palestinian civilian population, beginning with a request to the Secretary-General to submit a report, containing, inter alia, his proposals on ways and means towards this end, including, inter alia, recommendations regarding an international protection mechanism, 4, The draft addresses the relevant issues concerning the current crisis, including the violence on both sides, as reflected in both the preamble and operative paragraphs of the draft, including a clear condemnation of all acts of violence against civilians. It is a balanced and comprehensive draft, resulting from extensive consultations and negotiations during the preceding process in the Security Council. 5. Moreover, the draft is firmly rooted in intemational law, including humanitarian and human rights law, and the relevant Security Council and General Assembly resolutions regarding the question of Palestine and regarding the protection of civilians, including children, in armed conflict, as well as the protection of medics, humanitarian personnel and journalists. 6. This draft constitutes a responsible, yet modest effort, especially considering the severity, extent and protracted nature of the protection crisis being borne by the Palestinian people under Israel’s 51-year occupation, This crisis continues to be marked by the intense human insecurity, displacement and suffering being endured by civilians throughout the Occupied Palestinian Territory, including Jerusalem, and has been compounded by the dire humanitarian situation resulting from Israel’s 11-year blockade of the Gaza Strip and successive military aggressions, that have traumatized the population and caused severe socio-economic deprivation. 115 East 65" Street New York, NY 10065. Tel. (212) 288-8500 Fax (212) 517-23777. The crisis has deepened in the recent period as Israel, the occupying Power, has persisted with its illegal, oppressive actions against Palestinian civilians, including unlawful use of force against peaceful protesters, despite international calls for de-escalation and respect of international law, UN resolutions and the right to peaceful protest. As of today, at least 125 Palestinians have been killed, including 15 children, and nearly 14,000 civilians have been injured by the occupying forces since the “Great March of Return” protests began on 30 March 2018. 8. The situation has long been considered as “unsustainable” and is now deemed to be “on the brink of collapse”, as repeatedly stressed by UN Special Coordinator Nikolay Mladenov, UN agencies and humanitarian organizations, and as echoed by countless delegations in recent debates in the Security Council. Recent developments have only heightened tensions, hardship and despair, notably in Gaza, intensifying the need for action to save civilian lives, including through measures to ensure protection to Palestinian civilians and to alleviate the dire humanitarian crisis inflicted by the Israeli blockade, which has devastated Gaza and must be lifted. 9. Against this backdrop, and in light of the Security Council’s paralysis due to the veto and the absence of a political horizon to resolve this crisis and the root causes of this ongoing injustice, we are compelled to turn to the General Assembly as we continue to pursue all peaceful, legal and diplomatic means to address these critical issues. This decision has been taken bearing in mind the consultations with many concerned partners, including as reflected in the recent decisions by the Couneil of Arab ‘oreign Ministers (17 May 2018) and the OIC Summit (18 May 2018). Such action is deemed urgent for immediately de-escalating the situation, alleviating human suffering, and contributing to the creation of an appropriate environment for the long-overdue pursuit and achievement of a just, lasting, comprehensive and peaceful solution 10. We appeal for the valuable and principled support, as well as co-sponsorship, of Member States for this important draft resolution, in line with their responsibilities under the Charter, international law, including humanitarian and human rights law, the relevant UN resolutions, and the collective duty to situations of armed conflict.United Nations 8 June 2018 General Assembly aS ESS Ques) Original: English ‘Tenth Emergeney special session ‘Agenda item 5 Protection of the Palestinian civilian population The Security-CouncilGe eral Asser _ Recalling its relevant resolutions regarding the question of Palestine, Recalling also its relevant resolutions on the protection of civilians, including, inter lig, resolution 71/144 of 1 er 2016 on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflict: its resolution 72/131 of 11 December 2017 on the safety and security of humanitarian personnel and protection of United Nations personnel; and its resolution 72/175 of 19 December 2017 on the safety of journal id the issue of impunity, ___ Recalling the relevant reports of the Secretary General, including the most recent Teport of 14 May 20180n the proteci ns in armed conflict (S Recalling also all-of is relevant resolutions of the Security Council, including, inter alia, resolutions 242 (1967), 338 (1973), 605 (1987), 904 (1994), 1397 (2002), 1544 (2004), 1515 (2003), 1850 (2008), 1860 (2009), and 2334 (2016), Recalling also ihcits Presidential Statement of the Security Counci) 2014/13 of 28 July 2014, Bearing in mind the letter (S/2015/809) of 21 October 2015 by the Secretary- General, Recalling also itsSecurity Council resolutions on the protection of civilians in armed conflict, including its resolutions on children and armed conflict, including, inter alia, resolutions. 1894 (2009) and 2225 (2015), as well as-is relevant presidential statements, ands resolutions on the protection of medical and humanitarian personnel and on the protection of journalists, media professionals and associated personnel in armed conflicts, including, inter alia, resolutions 2286 (2016) and 2222 (2015), as well as is other relevant resolutions and presidential statements, Reaffirming the obligation to respect and ensure respect for international humanitarian law in all circumstances in accordance with Article 1 of the Geneva Conventions, Expressing its grave concern at the escalation of violence and tensions and the deterioration of the situation in the Occupied Palestinian Territory, including East Jerusalem, in particular since 30 March 2018, and its deep alarm at the loss of civilian lives and the high numberof casualties among Palestinian civilians, particularly inthe Gaza Strip, including casualties among, children, caused by the Israeli forces, Condemning all acts of violence against civilians, including acts of terror, as well as all acts of provocation, incitement and destruction, Reaffirming the right to peaceful assembly and protest, freedom of expression and of association, Emphasizing the need to pursue measures of accountability, stessing in this regard the importance of ensuring independent and transparent investigations in accordance with international standards, Alarmed at the exacerbation of the dire humanitarian crisis in the Gaza Strip, and stressing the need to achieve a sustainable solution to this crisis in line with international law, Seressing the particular impact that armed conflict has on women and children, including as refugees and displaced persons, as well as on other civilians who may have specific vulnerabilities, including persons with disabilities and older persons, and stressing the need for the Security Council and Member States to strengthen further the protection of civilians, Recalling that a lasting solution to the Israeli-Palestinian conflict can only be achieved by peaceful means in accordance with international law and the relevant United Nations resolutions and through credible and direct negotiations, Stressing that the Gaza Strip constitutes an integral part of the Palestinian territory occupied in 1967, Reaffirming the right of all States in the region to live in peace within secure and internationally recognized borders, L. Calls for full respect by all parties for international human rights law and international humanitarian law, including in regards to the protection of the civilian population, and reiterates the need to take appropriate steps to ensure the safety and well-being of civilians and censure their protection, as well as to ensure accountability for all violations; 2. Deplores the use of any excessive, disproportionate and indiscriminate force by the Israeli forces against Palestinian civilians in the Occupied Palestinian Territory, including East Jerusalem, and particularly in the Gaza Strip, including the use of live ammunition against civilian protesters, including children, as well as medical personnel and journalists, and expresses its grave concern at the loss of innocent lives; 3. Demands that Israel, the occupying Power, refrain from such actions and fully abide 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; 4, Deplores any actions that could provoke violence and endanger civilian lives and calls om all actors to ensure that protests remain peaceful; 5. Deplores the firing of rockets from the Gaza Strip against Israeli civilian areas; 6. Calls for urgent steps to ensure an immediate, durable and fully respected ceasefire; 7. Calls for the exercise of maximum restraint and calm by all parties and the need for immediate and significant steps to stabilize the situation and to reverse negative trends on the ground; 8. Reaffirms Stresses _its-wiltingnessthe need to respond to situations of armed conflict where civilians are being targeted or humanitarian assistance to civilians is being deliberately obstructed, including through the consideration of appropriate measures that the Security Counettmay be taken in accordance with the Charter of the United Nations;9. Calls for the consideration of measures to guarantee the safety and protection of the Palestinian civilian population in the Occupied Palestinian Territory, including in the Gaza Strip; 10. Calls also for immediate steps towards ending the closure and the restrictions imposed by Israel on movement and access into and out of the Gaza Strip, including through the sustained opening of the crossing points of the Gaza Strip for the flow of humanitarian aid, commercial goods and persons in accordance with international law, including as it pertains to legitimate security requirements; 11, Demands that all parties cooperate with medical and humanitarian personnel to allow and facilitate unimpeded access to the civilian population, and calls for the cessation of all forms of violence and intimidation directed against medical and humanitarian personnel; 12. Urges the provision of immediate and unimpeded humanitarian assistance to the Palestinian civilian population in the Gaza Strip, bearing in mind critical medical, food, water and fuel needs, and urges increased support to the United Nations Relief and Works Agency for Palestine Refugees in the Near East, recognizing the vital role of the Agency, alongside other UN agencies and humanitarian organizations, in providing humanitarian and emergency assistance, notably in the Gaza Stri 13, Encourages tangible steps towards intra-Palestinian reconciliation, including in support of the mediation efforts of Egypt, and concrete steps to reunite the Gaza Strip and the West Bank under the legitimate Palestinian government and ensure its effective functioning in the Gaza Strip; 14, Welcomes and urges further engagement by the Secretary-General and the United Nations Special Coordinator for the Middle East Peace Process to assist, in cooperation with concerned partners, in the efforts 10 immediately de-escalate the situation and address urgent infrastructure, humanitarian, and economic development needs, including through the implementation of projects endorsed by the Ad Hoc Liaison Committee; 15, Requests the Secretary-General to examine the present situation and to submit a written report, as soon as possible, but not later than 60 days from the adoption of the present resolution, containing, inter alia, his proposals on ways and means for ensuring the safety, protection and well-being of the Palestinian civilian population under Israeli occupation, including, inter alia, recommendations regarding an international protection mechanism; 16. Calls for renewed and urgent efforts 10 create the conditions necessary to launch credible negotiations on all final status issues to achieve, without delay, an end to the Israeli ‘occupation that began in 1967 and a comprehensive, just and lasting 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, on the basis of the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap, as called for in resolution 2334 (2016) and its other relevant resolutions; the tet ion temporarily and to authorize the President of the General Assembly at its most recent session to resume its 1 upon request from Member States. Deoides-+0-remain seized of the matter,