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Encyclopedia of the Palestine Problem

CHAPTER THIRTY EIGHT Part 2 of 4

HUNGARY

The Hungarian Government enacted several decrees dealing with the restitution of property, property rights, situations and positions. Special laws were also enacted for the abolishment of all laws and decrees concerning Jews, namely Decree number 200/1945 M.E. of February 5. 1945 and Decree number 7.590/1945 M.E. of September 12, 1945 which provided forthe restitution "of business premises, equipment, goods and materials to persons who were deprived of them on the basis of discriminatory legislation or because of their political belief."

Decree number 8.540/1945 provided "that persons deported or forcibly moved from their place of residence as well as others, may demand the return of movable property which belonged to them or were in their possession and were turned over to a third party during their absence." (37)

ITALY

Italy issued the Decree-Law of January 20, 1944 and Decree-Law number 222 of April 12, 1945. both of which provided for the restitution of real and movable property rights, interests, and commercial and industrial enterprises the owners of which were wrongly deprived thereof by Government measures, including seizures, sequestration, or control, or transferred as a result of force and duress exerted by the Axis Governments or their Agencies during the War. (38)

POLAND

The law of May 6,1945, as amended on July 23,1945 dealt with deherted and abandoned properties. Deserted properties were defined as "Real Estate and movables which, as a result of War, are not in possession of the owner, his legal successors, or representatives." Property seized or confiscated by the Occupation Authorities is considered deserted.

This law declares "that all agreements concerning deserted properties concluded with the Occupation Authorities or organizations and persons acting on their behalf as well as all subsequent acquisitions of such properties are void." It was further declared that "deserted properties shall be returned upon request to the owner regardless of who possesses them in the present. If, however, the owner is absent, his ascendants and descendants in direct line, spouse, brother and sisters may demand that the property be returned to their posession." (39)

PORTUGAL

Decree-Law number 3455 of March 22, 1945 and Decree number 34600 of May 14, 1945 provided for the nullity of all transactions in personal property, imported in Portugal, when it could be proved that their owners, as of the day of the Declaration of War, were deprived thereof by acts of Military Occupation or Confiscation. (40)

ROMANIA

Romania enacted several laws for the restitution of property to rightful owners. Decree-Law of July 30, 1945 dealt with the annulment and revocation of certain acts of transfer concluded under exceptional circumstances. Later on in 1947 Romania undertook in the Peace Treaty with the Allies of February 10, 1947 to restore all property rights and interests to the rightful owners free of all encumbrances.

Furthermore the Decree of 1945 specifically dealt with several categories of transfer of property concluded by Jews. One category included various kinds of transfers concluded by Jews between September 6, 1940 and August 23, 1944 under coercion, for the purposes of Romanization. These transfers were to be voided at the request of the Jewish party without any further condition.

In other categories of transfers there was a legal presumption that they were made under duress unless it was proved otherwise by the actual possessor.

In certain categories the annulment operated also against third parties who acquired easements, and the properties were to be returned to the Jewish owners free of all encumbrances. Other provisions of the same Decree provided for the reinstatement of Jews in their previous positions, and the law of August 1, 1945 provided further that Jewish employees who, on January 8,1945 were imprisoned, interned, deported or evacuated en rnasse from their locality could request reinstatement in their previous positions and that their employers would be compelled by the Ministry of Labor to reinstate them. (41)

SWEDEN

According to Law number 520 of July 14, 1945, "property found in Sweden which was seized contrary to the rules of international law, by the occupying power, or on his behalf, or subject to similar measures, as well as property of an owner who has been dispossessed through pillage, for which the occupation authorities must be considered responsible, must be restored to the rightful owner or his assignee. The same rule refers to property seized from the rightful owner by the occupation authorities or a military or civil official by violence or threat or any other improper means." A special board was empowered to decide on the restitution of seized property or claims for compensation. (42)

SWITZERLAND

Federal Decree of August 20,1945 provided for temporary measures in actions on ownership rights and possessions of movables which got lost in territories under military occupation. Attachment suits were facilitated pending lodging of claims, A special section of the Federal Court was created to restore looted property to rightful owners. Switzerland agreed to give the Allies 250 million Swiss francs (i.e. about The International Law of Restitution Invalidates All Zionist Measures Against the Rights, Properties and Interests of the Palestinians $54,140,000) against waiver of their claims and those of their central banks for restitution from Switzerland of monetary gold. (43)

YUGOSLAVIA

The Law of May 24, 1945 provided "that all property left by the owner or seized against the owner's will with or without indemnification, in whatever manner, on racial, religious, national or political grounds (whether abandoned by the owner or transferred to third persons under the pressure of the occupation authorities) is to be returned immediately to the original owner, despite whatever claims the possessor may have against the owner. If the property is destroyed or annihilated, the owner may either claim compensation from the responsible persons, or war damage. Property within the meaning of the law is real estate, enterprises, movables, and all rights except mining rights."

A special section of the Federal Court was created to restore loot.

The law stipulated that "together with the property the usufruct must also be returned." It also stated that "the owner has to indemnify the possessor for improvements and, in case of bona fide possessors, for paid off mortgages. On the other hand, all mortgage which came intoexistence after the alienation of the property from the original owner are to be cancelled."

A special proviso was issued for industrial, commercial, professional and similar enterprises, slating that "such enterprises must be returned to the owners with the entire equipment and belongings. and that former owners should be enabled to return to the premises where they conducted their professional, commercial or industrial enterprises, provided they have been compelled to leave these premises at the time of occupation or later because of persecution." (44)


VIOLATIONS OF PRIVATE AND PUBLIC PROPERTY ARE WAR CRIMES

Respect for private property has been sanctified since World War II by declarations affirming and reaffirming that offences against property are war crimes. Pillage, plunder, spoliation, confiscation, seizure or destruction of private and public property have been made war crimes.

The crimes defined in Article 6(b) of the Nuremberg Charter were already recognized as war crimes under international law. They were covered by Articles 46,50,52 and 56 of the Hague Convention of 1907. They were subsequently covered by Articles 2,3,4,46 and 5 1 of the Geneva Convention of 1949. That violations of these provisions constituted crimes for which the guilty individuals werepunishable is too well established to admit of argument.

The Charter of the International Military Tribunal at Nuremberg, the Judgment of that Tribunal in the Nuremberg trials, the Tokyo trials, and other war trials have established important principles governing offences against property.

The International Military Tribunal held, infer alia, the following:


The evidence in this case has established, however, that the territories occupied by Germany were exploited for the German war effort in the most ruthless way, without consideration of the local economy, and in consequence of a deliberate design and policy. There was in truth a privae systematic plunder of public or private property which was criminal under Article 6(b) of the Charter. (45)

As a consequence of this order, agricultural products, raw materials, machine tools, transportation equipment, other finished products and even foreign securities and holdings of foreign exchange were all requisitioned and sent to Germany. (46)

When the Soviet territory was occupied, this policy was put into effect and there was a large-scale confiscation of agricultural supplies, with complete disregard of the needs ofthe inhabitants of the occupied territory. In addition to the seizure of raw materials and manufactured articles, a wholesale seizure was made of art treasures, furniture, textiles and similar articles in all invaded countries. (47)

THE UNITED NATIONS AFFIRMED THESE PRINCIPLES

The United Nations endorsed the principles in the Nuremberg Charter and the conclusions of the International Military Tribunal by the Resolution of the General Assembly, 95(1) of December 1 1, 1946. affirming the "principles of International Law recognized by the Charter of the Nuremberg Tribunal and the Judgment of the Tribunal."

Again by its Resolution 177(11) of November 21, 1947, the General Assembly instructed the International Law Commission to formulate the Nuremberg principles and to prepare a draft code of offences against the peace and security of mankind.

The International Law Commission presented to the General Assembly in 1950 a report formulating the Nuremberg principles which was accepted as of December 12, 1950. The United Nations has also in the Universal Declaration of Human Rights guaranteed to everyone the right to own property and has declared, "No one shall be arbitrarily deprived of his property."


THE CONFISCATION OF PROPERTY IN EUROPE: THE JEWISH POINT OF VIEW

The Jewish point of view can be summarized by quoting from a well known book Indemnification and Reparations (Jewish Aspects) written by Mr. Nehemiah Robinson, Director of the Institute of Jewish Affairs of the American Jewish Congress and World Jewish Congress, published in New York in 1944, as follows: (48)


If something has been illegally removed from anyone, the robbed, stolen or otherwise missing object must be returned to the owner. Theessence of ownership implies that the owner does not lose the right to his property except by legal transfer or by legal act of the authorities. If no such steps have been taken, the property belongs, in principle, to the owner, regardless of the identity of its possessor at the time of its location. For, except when other legal rights interfere, a proprietor may claim his property back from any possessor, at any time and at any place, so long as the legal situation continues which deprives the owner of his rights or the possibility of reclaiming his property (occupation by the enemy, subsequently declared illegal acts of the occupying authorities or the state of which the person is a national), the right of reclamation is of a potential nature only; should this situation disappear, the property rights revive in full and with them the right of action.

Mr. Robinson states further:


Despite the diversity of laws, certain common rules exist in all civilized nations. Generally no confiscation of private property without adequate compensation is admissible. Thus, wherever Jewish property was confiscated by the occupying or the quisling regime, the consequence of such acts must be considered as contrary to the laws in force. It makes no difference whether an outright confiscation was ordered or the Jewish property was "entrusted" to a commissar for the purpose of liquidation. The special Jewish levies would seem to fall under the same rule, since they are in essence nothing but confiscations. Indeed, it would appear that this would also be true of forced labor and similar measures. Secondly, every valid contract presupposes the free will of the parties concerned. Hence the consequences of every act by which Jews were forced to transfer their property by threat of force to themselves or their family, or by virtue of the extraordinary situation created by the Axis must be considered as contrary to law. In many cases officeholders and collaborators of the Axis used their position and influence in various ways to obtain possession of Jewish property. Such acquisitions resulting from the abuse of official status or connections must be presumed to be invalid. Nobody may exploit the unfavorable position of the other party to a contract; therefore, acquisitions from Jews who had been compelled to part with their property by the existing situation or by fear of coming events, must be considered as having no legal status. Third, the parties to a contract must have the real intention of making the deal effective. Hence all fictitious transfers must be considered as null and void. The acquirer of goods is supposed to act bona fide, i.e., without participating in any illegal transaction or exploiting the straits of the seller. The consequence would be that insofar as acquirers of Jewish property knew or must be presumed to have known that the property was Jewish owned and was sold illegally, they cannot claim to have acquired the property legally. It would make no difference whether such property was sold by the owner himself, or by the commissar, or at an auction for debts or tax arrears. An attorney is not entitled to go beyond the terms of the powers conferred upon him; in many cases these powers were misused by commissars or representatives of the owner who felt free to seek their own advantages. These transactions also must be presumed to be illegal.

Nobody is entitled to enrich himself at the expense of another; thus, whenever someone acquired anything belonging to a Jew without having paid for it at all, or by paying only afraction of the recognized value, he may be held responsible for the unjust enrichment. (49)

Nehemiah Robinson formulated the common rules concerning indemnification of Jews as follows: (50)


The general rules governing proper Jewish indemnification will have to include the following principles, among others:

(1) Indemnification must be total, i.e., must provide, as a rule, for all measuresnecessary to restore the Jews to the same or similar positions occupied before the exceptional measure were applied.

There will be many cases where the necessity for indemnification may not be very obvious, since at first glance no losses in the strict sense of the word are evident. A characteristic case may be the position of Jews who were obliged, because or in anticipation of exceptional measures, to liquidate or transfer their properties, enterprises and other goods, but were paid the full or almost full equivalent of the stocks, equipment or enterprise. Actually, however, the Jew thereby lost the economic basis of his life; and being excluded from other economic activities and living under conditions particularly unfavorable to Jews, he spent all he had received, for his every day needs. Clearly he will never again be in a position to regain his former status unless he receives adequate compensation for the loss of his economic foundation. It may be anticipated that similar cases will be encountered very frequently .

(2) Restitution of property must be applied whenever possible, regardless of whether the property was confiscated, seized with or without "legal" grounds, sold for public or private debts, put under administration, frozen, or transacted by the Jews themselves actually or fictitiously under direct or indirect pressure, out of fear of being persecuted or to avoid confiscation and similar measures, or out of necessity to obtain cash to flee, avoid deportation, buy food, or for similar reasons. The legal aspect makes no difference whatsoever, as it cannot matter who the actual possessor is.

(3) In all cases of change of title to property belonging to Jews which have taken place during the existence of the exceptional circumstances (occupation by Nazis, racial discrimination) and agivenperiod prior thereto, the presumption of forced transfer must be the rule. Property which formerly belonged to Jews, including that under forced administration, must be returned to the legitimate owner immediately upon presentation of any valid proof of ownership, independently of whatever subsequent legal action may appear necessary, The procedure of restitution and possible litigation for the former owner, as well as establishing proof, must be prompt, simple and free.

(4) Restitution of property including commercial and industrial enterprises, must involve return of all income from the property and compensation for all diminution in value and for losses incurred through acts of the possessor or administrator. Incurred debts and other liabilities and contracts are not obligatory upon the owner. Improvements, paid up debts, and other types of increment in value, involving possible payment to the possessor or others, must be regulated in a way involving no hardships to the legitimate owner.

(5) If the Jewish owned property consisted of cash, bank deposits, loans in any form, or other commercial instruments (e.g., state obligations), and insurance, devaluation of currency must be taken into account in order to provide full indemnification.

(6) In cases where restitution is impossible, either because the property, enterprise, or the goods are non-existent, or because changed general conditions or the status of the property make it undesirable for the owner, indemnification in full must be substituted. General measures affecting all property of the same kind shall not preclude restitution, but shall be applied after restitution.

(7) In all cases of losses other than those enumerated above, compensation in money guaranteeing full indemnification shall be accorded to the damaged person. They include losses resulting from war, destruction by whatever cause, special levies on the Jews, damage by forced administration, freezing of assets, and similar losses.

(8) Since the damage by war and occupation is very great, it may not be possible to compensate all damaged persons immediately (or within a short period), or fully. This makes it necessary to institute a system of priorities. Jews must be granted high priority together with other discriminated persons in the same position. Whenever immediate payment of compensation in cash is impossible, state obligations should be issued and every assistance granted to the owner in selling or borrowing money on these obligations.

(9) There must be general provision for immediate reinstatement in all public services and private enterprises, in the positions formerly held: self-employed professionals (lawyers, physicians, notaries public, and similar) shall be reinstalled in their former positions by granting necessary assistance and help. Should reinstatement or reinstallment in rights not be possible in certain cases (because the office has been abolished, the enterprise ruined, or so changed that it can not employ the same number of persons), similar positions must be given and assistance for the transitional period granted. Necessary retraining must he made available at the expense of the state. Compensation for lost income shall be paid.

(10) Whenever economic positions previously occupied by the Jews have become untenable through changed conditions, new positions adapted to the new circumstances shall be encouraged and substituted at the earliest possible moment. and every aid provided to effect the change; in the meantime compensation for idleness and assistance for retraining must be granted.

Whenever economic positions were lost by the extinction, transference, or liquidation of the enterprise, or for similar reasons, and restitution is impossible, adequate assistance must be granted in order to reinstate the owner in the same or similarpositions. In suchcases, whateverrestrictivemeasures may exist shall not be applied.

(11) In all cases when the former occupation cannot be resumed because of lack of equipment or resources {commercial, industrial and artisan enterprises), swift help by the government must be granted.

(12) Losses in health, limb and life suffered by the Jews and their supporters must be compensated. Every loss which occurred during the period when exceptional measures were binding is compensable, regardless of where it occurred, unless proven to be due to natural causes.

(13) In questions of indemnification (restitution, compensation and reinstatement), no difference in treatment shall be countenanced because of the nationality of the damaged persons; the decisive matter is the residence at the time when the exceptional situation was introduced.

(14) Indemnification must take place quickly. Therefore, it must start directly after hostilities have ended in the given country. In Axis nations the necessary measures must be imposed and executed, without waiting for peace treaties or similar permanent solutions.

Appropriate measures shall be taken immediately to guard against further depreciation and transfer of Jewish ownedproperty. Registration of such property must be made obligatory upon the possessor.

(15) Indemnification shall be affected in principle through the state, which has to permit the damaged person the choice of procedure and remedy.

THE CODE OF JEWISH LAW FORBIDS ROBBERY AND USURPATION AND ORDERS THE RESTITUTION OF USURPED PROPERTY

The code of Jewish law forbids what the Zionists committed against the Palestinians. The following are some artides of Chapter CLXXXII of that code:


LAWS CONCERNING THEFT AND ROBBERY


1. It is forbidden to rob or steal even a trifle from an Israelite or from a Gentile. Scripture says: "Thou shall not oppress thy neighbor nor rob of him" (Lev.xix., 13), and the robbery of a non-Jew does constitute robbery.

It is also forbidden to oppress one's neighbor in the slightest degree, as it is said: "Thou shalt not oppress thy neighbor" (Lev. xxix.).

It is a positive precept for the robber to return the very thing that was stolen, if it be in its original state and had not been altered, as it is said: "He shall restore that which he took by robbery" (Lev. vi, 4). The same law applies to a thief. He does not do his duty by making restitution in money, even if the owner had given up hope; if lost or altered in such a way that it cannot be restored to its original state, or if it were sunk in a building and can only be recovered by tearing down the building which would be a great loss to him, he does his duty be refunding an amount of money equivalent to the value of the stolen article at the time of the robbery. If the victim of the robbery be in another town, he should notify him to come and he will pay him, but he need not send the money to him in his town. If the one who had been robbed had died, he should make restitution to his heirs.

It is forbidden to buy from a thief or a robber the article which has been robbed, and it is immaterial whether he be a Jew or a nun-Jew, for the latter is bound by the commandment prohibiting theft and robbery. This applies also to one's neighbor who is a non-Jew, since this commandment is one of the seven precepts given to the sons of Noah.

It is forbidden to derive even the slightest benefit from the property that was stolen or robbed as long as it remains in the hands of the thief or the robber. Even if the theft be insignificant so that the owner would not be concerned at his loss, e.g., to change currency for the money that was stolen or robbed, it is forbidden to do this. It is also forbidden to enter a house that was robbed, on account of the heat or rain, or to pass through a field, which was acquired by robbery.

If one offers to sell an article, and it is apparent that such article was stolen by him, it is forbidden to buy of him. (51)


THE GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR, OF 12 AUGUST, 1949 (FOURTH GENEVA CONVENTION)

The Geneva Convention relative to the protection of civilian persons in time of war of 12 August, 1949 restricted further the power of the belligerent occupier. Article 49 of the Convention states: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." This restriction means that the belligerent occupant should not either establish settlements for its own civilian population in the occupied territory or dispossess the population of the occupied territories of properties in order to settle its own civilian population.

PERMANENT SOVEREIGNTY OF PEOPLES AND NATIONS OVER THEIR NATIONAL WEALTH AND RESOURCES

The principles of international law regarding permanent sovereignty of peoples and nations over their national wealth and resources were developed by the United Nations General Assembly and its various committees in the early 1950's. Whenever the United Nations committees and the General Assembly adopted resolutions about human rights, the right of self-determination, political and civil rights, the element of the principle of permanent sovereignty of peoples and nations over their national wealth and resources, were included. The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights contained provisions about the inherent right of all peoples to enjoy and utilize fully their national wealth and resources and that no people shall be deprived of their own means of subsistence. In 1958 the General Assembly established a Commission on Permanent Sovereignty and National Resources. The first General Assembly resolution to deal fully with this subject was adopted in 1962 in which the General Assembly declared in Paragraph 1: "The rights of peoples and nations to permanent sovereignty over their national wealth and resources must be exercised in the interest of their national development and of the well-being of the people of the State concerned." In Paragraph 7, the General Assembly declared: "Violation of the rights of peoples and nations to sovereignty over their national wealth and resources is contrary to the spirit and the principle of the Charter of the United Nations and hinders the development of intemational cooperation and the maintenance of peace."52 By its resolution on November 25, 1966, the General Assembly reaffirmed "the inalienable right of all countries to exercise permanent sovereignty over their national resources in the interest of their national development, in conformity with the spirit and principles of the Charter of the United Nations and as recognized in General Assembly resolution 1803 (XVII)." The General Assembly declared that: "...the United Nations should undertake a maximum concerted effort to channel its activities so as to enable all countries to exercise that right fully." (53)

The General Assembly held the Sixth Special Session in May, 1974 and adopted the Declaration on the Establishment of a New International Economic Order. The General Assembly declared inter alia the following: (le) "Full permanent sovereignty of every State over its natural resources and all economic activities. In order to safeguard these resources, each State is entitled to exercise effective control over them and their exploitation with means suitable to its own situation, including the right to nationalization or transfer of ownership to its nationals, this right being an expression of the full permanent sovereignty of the State. No State may be subjected to economic, political or any other type of coercion to prevent the free and full exercise of this inalienable right;" (If) "The right of all States, territories and peoples under foreign occupation, alien and colonial domination or apartheid to restitution and full compensation for the exploitation and depletion of and damages to, the natural resources and all other resources of those States, territories and peoples"; (lh) "The right of the developing countries and the peoples of territories under colonial and racial domination and foreign occupation to achieve their liberation and to regain effective control over their natural resources and economic activities." (54)

Again, the General Assembly in its resolutions 3281(XXIX), dated December 12, 1974 and its resolution 3362 (S-VII), dated September 16, 1975, reaffirmed the principle of permanent sovereignty of peoples and nations over their national wealth and resources.

The United Nations Secretary General in his report to the General Assembly in 1983 summarized the resolutions dealing with permanent sovereignty of peoples and nations over their national wealth and resources as follows: (55)


RESOLUTIONS DEALING WITH PERMANENT SOVEREIGNTY GENERALLY


General Assembly resolutions dealing with permanent sovereignty over natural resources generally were surveyed in Section 1 of the present study, in showing the development of the principle of permanent sovereignty. Particular points in those resolutions which may be relevant to the situation in the occupied territories would include the following:

(a) The right to permanent sovereignty is a right to freely use, control and dispose of natural resources. It is permanent and inalienable, inherent in sovereignty and a basic constituent of the right to self-determination.

(b) The right to permanent sovereignty is a right of both States and peoples. While there may be some confusion in certain passages, this conclusion clearly emerges from the resolutions as a whole. It also necessarily follows from the status of permanent sovereignty as a basic constituent of the right ofpeoples to self-determination. In resolutions 837 (IX), 1314 (XIII), 1803 (XVII) and 2692 (XXV), the General Assembly refers to "peoples and nations".

(c) The right to permanent sovereignty should be respected in conformity with the rights and duties of States under international law (resolution 15 15(XV)). Its violation is contrary to the spirit and principles of the Charter of the United Nations (resolution 1803 (XVII)). Any measure or pressure directed against any State exercising the right is a flagrant violation of the principles of self-determination of peoples and non-intervention, as set forth in the Charter, which, if pursued, could constitute a threat to international peace and security (resolution 2993 (XXVII)). No State may be subjected to economic, political or any other type of coercion to prevent the free and full exercise of this inalienable right (resolution 3201 (S-VI)).

(d) The right to permanent sovereignty includes the right of peoples to regain effective control over their natural resources. In resolution 3171 (XXVIII), the General Assembly: 'Supports resolutely the efforts of the developing countries and of the peoples of the territories under colonial and racial domination and foreign occupation in their struggle to regain effective control over their natural resources."

(ej The right to permanent sovereignty also includes, in case of violation, the right to restitution and full compensation. In resolution 3201 (S-VI), paragraph 4 (f), the General Assembly includes the following principle: "The right of all States, territories and peoples under foreign occupation, alien and colonial domination or apartheid to restitution and full compensation for the exploitation and depletion of, and damages to, the natural resources and all other resources of those States, territories and peoples." (See to the same effect article 16 of resolution 3281 (XXIX) and paragraph 33 of the Lima Declaration endorsed by the General Assembly in resolution 3362 (S-VII)).

(f) The last-mentioned resolutions add the duty of all States to extend assistance and in paragraph 2 of article 16 of resolution 328 1 (XXIX), the General Assembly declares that: 'No State has the right to promote or encourage investments that may constitute an obstacle to the liberation of a territory occupied by force."


 

PERMANENT SOVEREIGNTY OVER NATIONAL RESOURCES IN THE OCCUPIED PALESTINIAN AND OTHER ARAB TERRITORIES

From 1972 to 1984, the General Assembly adopted every year a resolution affirming permanent sovereignty of Palestinians and other Arab nations over national resources in the occupied Palestinian and other Arab territories. The following are quotations from these resolutions:

1. In 1972 the General Assembly stated: "(4) Affirms the principle of the sovereignty of the population of the occupied territories over their national wealth and resources; (5) Calls upon all States, international organizations and specialized agencies not to recognize or cooperate with. or assist in nay manner in, any measures undertaken by the Occupying Power to exploit resources of the occupied territories or to effect changes in the demographic composition or geographic character or institutional structure of those territories." (56)

2. In 1973 the General Assembly stated: "(I) Affirms the right of the Arab States and peoples whose territories are under foreign occupation to permanent sovereignty over all their national resources; (2) Reaffirms that all measures undertaken by Israel to exploit the human and natural resources of the occupied Arab territories are illegal and calls upon Israel to halt such measures forthwith; (3) Affirms the right of the Arab States and peoples whose territories are under Israeli occupation to the restitution of and full compensation for the exploitation and looting of, and damages to, thenatural resources, as well as the exploitation and manipulation of the human resources, of the occupied territories;" and "(4) Declares that the above principles apply to all States, territories and peoples under foreign occupation, colonial rule or apartheid." (57)

3. In 1974 the General Assembly stated: "Recalling also its resolution 3005 (XXVII) of 15 December. 1972, in which it affirmed the principle of the sovereignty of the population of the occupied territories over its national wealth and resources and called upon all States, international organizations and specialized agencies not to recognize or cooperate with, or assist in any manner in, any measures undertaken by the occupying power to exploit the resources of the occupied territories or to effect any changes in the demographic composition or geographic character or institutional structure of those territories. (1) Reaffirms the right of the Arab States and peoples whose territories are under Israeli occupation to full and effective permanent sovereignty over all their resources and wealth;(2) Also reaffirms that all measures undertaken by Israel to exploit the human, natural and all other resources and wealth of the occupied Arab territories are illegal, and calls upon Israel immediately to rescind all such measures; (3) Further reaffirms the right of the Arab States. territories and peoples subjected to Israeli aggression and occupation to the restitution of and full compensation for the exploitation, depletion and loss of, and damages to, the natural and all other resources and wealth of those States, territories and peoples; and (4) Declares that the above principles apply to all States, territories and peoples under foreign occupation, colonial rule, alien domination and apartheid, or subjected to foreign aggression." (58)

4. In 1975 the General Assembly condemned the following Israeli practices: "(a) The annexation of parts of the occupied territories; (b) The establishment of Israeli settlements therein and the transfer of an alien population thereto; (c) The destruction and demolition of Arab houses; and (d) The confiscation and expropriation of Arab property in the occupied territories and all other transactions for the acquisition of land involving the Israeli authorities, institutions or nationals on the one hand, and the inhabitants or institutions of the occupied territories on the other." (59)

5. In 1979 the General Assembly stated: "(1) Emphasizes the right of the Arab States and peoples whose territories are under Israeli occupation to full and effective permanent sovereignty and control over their natural and all other resources, wealth and economic activities; (2) Reaffirms that all measures undertaken by Israel to exploit the human, natural and all other resources, wealth and economic activities in the occupied Arab territories are illegal and calls upon Israel immediately to desist forthwith from all such measures; (3) Further reaffirms the right of the Arab States and peoples subjected to Israeli aggression and occupation to the restitution of, and full compensation for the exploitation, depletion and loss of and damages to, their natural, human and all other resources, wealth and economic activities, and calls upon Israel to meet their just claims; (4) Calls upon all States to support and assist the Arab States and peoples in the exercise of their above-mentioned rights; and (5) Calls upon all States, international organizations, specialized agencies, investment corporations and all other institutions not to recognize, or cooperate with or assist in any manner in, any measures undertaken by Israel to exploit the resources of the occupied territories or to effect any changes in the demographic composition, geographic character or institutional structure of those territories." (60)

6. In 1980 the General Assembly stated: "(2) Reaffirms that all measures undertaken by Israel to exploit the human, natural and all other resources, wealth and economic activities in the occupied Arab territories are illegal and calls upon Israel to desist immediately from such measures; (3) Further reaffirms the right of the Arab States as peoples subjected to Israeli aggression and occupation, to the restitution of, and full compensation for, the exploitation, depletion and loss of and damages to the natural, human and all other resources, wealth and economic activities, and calls upon Israel to meet their just claims; (4) Calls upon all States to support and assist the Arab States and peoples in the exercise of their above-mentioned rights; and (5) Calls upon all States, international organizations, specialized agencies, investment corporations and other institutions not to recognize, cooperate with, or assist in any manner in, any measures undertaken by Israel to exploit the resources of the occupied territories or to effect any changes in the demographic composition, geographic character or institutional structure of those territories." (61)

7. In 1981 the General Assembly stated: "Recalling its resolution 34/136 of 14 December 1979; Bearing in mind the relevant principles of international law and the provisions of the international conventions and regulations, in particular Convention IV of the Hague of 1907, and the fourth Geneva Convention of 12 August 1949, concerning the obligations and responsibilities of the occupying Power; Recalling its previous resolutions on permanent sovereignty over natural resources, particularly their provisions supporting resolutely the efforts of the developing countries and the peoples of territories under colonial and racial domination and foreign occupation in their struggle to regain effective control over their natural and all other resources, wealth and economic activities. (1) Condemns Israel for'its refusal to allow the United Nations consultants on national resources access to the occupied Palestinian and other Arab territories; (2) Emphasises the right of the Arab States and peoples whose territories are under Israeli occupation to full and effective permanent sovereignty and control over their natural and all other resources, wealth and economic activities; (3) Reaffirms that all measures undertaken by Israel to exploit the human, natural and all other resources, wealth and economic activities in the occupied Palestinian and other Arab territories are illegal and calls upon Israel to desist immediately from such measures; (4) Further reaffirms the right of the Arab States and peoples subjected to Israeli aggression and occupation to the restitution of, and full compensation for the exploitation, depletion and loss of and damages to, their natural, human and all other resources, wealth and economic activities, and calls upon Israel to meet their just claims; (5) Calls upon all States to support the Arab States and peoples in the exercise of those rights, and (6) Calls upon all States, international organizations, specialized agencies, business corporations and all other institutions not to recognize, or cooperate with or assist in any manner in, any measures undertaken by Israel to exploit the national resources of the occupiedPalestinian and other Arab territories or toeffect any changes in the demographic composition, the character and form of use of their natural resources or the institutional structure of those territories." (62)

(8) In 1982 the General Assembly stated: "Recalling also its previous resolutions on permanent sovereignty over natural resources, particularly their provisions supporting resolutely the efforts of the developing countries and the peoples of territories under colonial and racial domination and foreign occupation in their struggle to regain effective control over their natural and all other resources, wealth and economic activities, (1 ) Condemns Israel for its exploitation of the national resources of the occupied Palestinian and other Arab Territories; (2) Emphasizes the right of the Palestinian and other Arab peoples whose territories are under Israeli occupation to full and effective permanent sovereignty and control over their natural and all other resources, wealth and economic activities; (3) Reaffirms that all measures undertaken by Israel to exploit the human, natural and all other resources, wealth and economic activities in the occupied Palestinian and other Arab territories are illegal and calls upon Israel to desist immediately from such measures; and (4) Further reaffirms the right of the Palestinian and other Arab peoples subjected to Israeli aggression and occupation to the restitution of and full compensation for the exploitation, depletion and loss of and damages to their natural, human and all other resources, wealth and economic activities, and calls upon Israelis to meet their just claims." (63)

(9) In 1983 the General Assembly stated: "(I ) Takes note of the report of the Secretary-General on permanent sovereignty over national resources in the occupied Palestinian and other Arab territories; (5) Emphasises the right of the Palestinian and other Arab peoples whose territories are under Israeli occupation to full and effective permanent sovereignty and control over their natural and all other resources, wealth and economic activities; and (7) Further reaffirms the right of the Palestinian and other Arab peoples subjected to Israeli aggression and occupation to the restitution of, and full compensation for the exploitation, depletion and loss of and damage to, their natural, human and all other resources, wealth and economic activities, and calls upon Israel to meet their just claims." (64)

 

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Encyclopedia of the Palestine Problem
By Issa Nakhleh

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