A. First Palestinian Intifada: 1987—1999

On December 8, 1987, an Israeli army vehicle crashed into a truck carrying Palestinian workers in the Gaza Strip, causing the death of four passengers. The incident sparked protests in the West Bank and Gaza Strip that escalated into full-blown riots.

The Intifada was not headed by the established Palestinian leadership, but by a younger generation of Palestinians born and raised under Israeli occupation. They formed small local neighborhood groups and took command of the local resistance.

As violence escalated, the United Nations followed the situation closely, primarily through the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories. These committees submitted reports on measures used by the Israeli armed forces to end Palestinian protests, such as the use of live ammunition against demonstrators and punitive beatings. According to reports, Israel also resorted to various forms of collective punishment, such as the demolition of houses, the imposition of prolonged curfews, and restrictive economic measures. These policies worsened the already difficult living conditions inside the Occupied Territories.

The human, social, and economic costs of the Intifada were high. In the first two years, approximately 50,000 Palestinians were arrested (about half of whom were under the age of eighteen), 7,000 were wounded, and 500 killed. For Israel, the political fallout was significant as images of the IDF’s often aggressive responses to Palestinian protesters were broadcast across Israel and around the world. The Intifada’s most salient images were of Arab children throwing stones at Israeli tanks and soldiers.

The Intifada lasted for nearly five years, until roughly the signing of the Declaration of Principles (Oslo Accord) in 1993. This agreement led to Israel’s decision to relinquish limited control over parts of the Occupied Territories to the PNA, established in 1988. The Intifada waned as Palestinians began to build hope for a better future.

Documents in relevant chapters should be consulted, in particular those in: Section 8, Status of the Palestinians; and Section 7, Israeli- Palestinian Peace Process.

i. First Palestinian Intifada

Document 636: United Nations Security Council Resolution 605, Deploring Policies and Practices of Israel that Violate the Human Rights of the Palestinian People (December 22, 1987) [S.C. Res. 605, U.N. SCOR, 2777th mtg., U.N. Doc. S/RES/605 (1987)]. United Nations Security Council Resolution 605 expresses concern that Israeli practices in the Occupied Territories present major obstacles to achieving peace. It deplores the Israeli practice of opening fire on civilians and reaffirms the applicability of the Geneva Convention to the Occupied Territories.

Document 637: United Nations Security Council Resolution 607, Deploring Israel’s Decision to Continue Deporting Civilians (January 5, 1988) [S.C. Res. 607, U.N. SCOR, 2780th mtg., U.N. Doc. S/RES/607 (1988)]. Following Israel’s announcement that it would continue to deport Palestinian civilians from the Occupied Territories, the Security Council adopted Resolution 607, calling on Israel to refrain from deportation and requesting that Israel follow the Fourth Geneva Convention, in particular Articles 47 and 49.

Document 638: Final Declaration of the Extraordinary Arab Summit Conference, Algiers (June 7-9, 1988) [U.N. GAOR, 43d Sess., U.N. Doc. A/43/407 (1988)]. The Final Declaration of the Extraordinary Arab Summit Conference held in Algiers addresses foremost the uprising of the Palestinian people. It hails the movement as “a link in the chain of its struggle that has continued for more than half a century” and discusses measures to support the uprising.

Document 639: Covenant of the Islamic Resistance Movement (Hamas) (August 18, 1988) [ available at http://www.hamasonline.com/indexx.php?page=Hamas/hamas_ convenant]. Drawing heavily upon Qur'anic verses, the Covenant of the Islamic Resistance Movement (Hamas) declares the establishment of Hamas, states its position and goals, and calls on all Arabs and Muslims and their institutions to join its struggle. It emphasizes the deeply Islamic base of the movement, which differentiates it from the more secular PLO. Hamas’ declared objective is to reclaim the Palestinian homeland-which it believes to be an Islamic Waqf consecrated for all future Muslim generations-and to facilitate the return of refugees. It calls on Muslims from all walks of life to join the Jihad as an individual duty and criticizes Israeli policies in the Occupied Territories using deeply anti-Semitic rhetoric. Hamas claims to be a humane movement that only attacks when it is attacked— and rejects the peace process, charging that Jihad is the only way to liberate all of Palestine.

Document 640: United Nations Security Council Resolution 672, Expressing Alarm at the Violence that Took Place at Al Haram al Shareef (October 12, 1990) [S.C. Res. 672, U.N. SCOR, 2948th mtg., U.N. Doc. S/RES/672 (1990)]. In Resolution 672, the Security Council expresses alarm at the violence that took place at Al Haram al Shareef in Jerusalem, which resulted in the death of over twenty Palestinian and the injury of more than 150 people, including civilians. It condemns the acts of violence committed by Israeli security forces and asks the Secretary-General to send a mission to the region and submit a report containing findings and conclusions.

Subsequently, Israel rejected what it deemed the one-sidedness of the resolution and its reference to Jerusalem as “occupied territory.” The Israeli cabinet announced it will not receive the Secretary-General’s mission because it has already appointed an independent commission of inquiry to investigate the incident.

Document641: United Nations Security CouncilResolution673, ExpressingAlarm at the Rejection of Resolution 672 by the Israeli Government (October 24, 1990) [S.C. Res. 673, U.N. SCOR, 2949th mtg., U.N. Doc. S/RES/673 (1990)]. In Resolution 673, the Security Council expresses alarm at Israel’s rejection of Resolution 672 and its refusal to accept the mission of the Secretary-General. It urges the government of Israel to reconsider its decision and permit the mission to proceed in keeping with its purpose.

Document 642: Report Submitted to the Security Council by the Secretary-General in Accordance with Security Council Resolution 672 (October 31, 1990) [U.N. SCOR, U.N. Doc. S/21919 (1990)]. The United Nations Secretary-General, Javier Perez de Cuellar, submitted this report to the Security Council in compliance with Resolution 672. In it, Cuellar details his unsuccessful attempt to arrange a mission to the region with the permission of the Acting Permanent Representative of Israel. Cuellar enumerates the resolutions and statements issued by the United Nations in October addressing the issue of the safety and protection of Palestinian civilians in the Occupied Territories and reaffirming the applicability of the Fourth Geneva Convention and reiterates Israel’s position that the Fourth Geneva Convention does not apply to the Occupied Territories.

Document 643: United Nations Security Council Resolution 681, Expressing Concern over the Dangerous Deterioration of the Situation in the Occupied Territories (December 20, 1990) [S.C. Res. 681, U.N. SCOR, 2907th mtg., U.N. Doc. S/RES/681 (1990)]. In Resolution 681, the Security Council expresses grave concern over the dangerous deterioration of the situation in the Occupied Territories and at the violence and rising tension in Israel.

Document 644: Report Submitted to the Security Council by the Secretary-General on the Deterioration of the Situation in the Occupied Territories (April 9, 1991) [U.N. SCOR, U.N. Doc. S/22472 (1991)]. This report by United Nations Secretary-General Javier Perez de Cuellar examines the situation regarding Palestinian civilians under Israeli occupation from December 20 to February 28, 1990. Cuellar notes that Security Council Resolution 681 was adopted at a time of great tension in the region, given Iraq’s invasion of Kuwait and the prospect of serious military hostilities. In particular, Iraq had threatened to use conventional and non- conventional weapons against Israel. In response, Israel had distributed gas masks to its citizens and Palestinian residents of Jerusalem, but had not distributed equipment to the Palestinian population in the Occupied Territories. This prompted United Nations officials to express concern about the needs of this group. A ruling by the Israeli High Court ofJustice on January 14, 1991, demanded that the Israeli military commander exercise equality and not discriminate against residents. The Secretary-General also notes that Israel had imposed curfews on the Occupied Territories during the war due to security concerns, which Cuellar determines Israel had a right to do to defend itself. The Secretary-General weighs this consideration against Israel’s obligation to protect the Palestinian civilian populations, who suffered undue hardship as a result of curfews.

Document 645: United Nations General Assembly Resolution 46/82, Calling for Israel’s Immediate Unconditional Withdrawal from Occupied Territory (December 16, 1991) [G.A.

Document 646: United Nations General Assembly Resolution 46/86, Revoking Resolution 3379, which Called Zionism a Form of Racial Discrimination (December 16, 1991) [G.A. Res. 46/86, U.N. GAOR, 74th plen. mtg., U.N. Doc. A/RES/46/86 (1991)]. In this one-sentence resolution, the General Assembly decides to revoke General Assembly Resolution 3379, which had deemed Zionism a form of racial discrimina- tion. Thirteen of the nineteen Arab state members—including Syria, Lebanon, and Jordan who were engaged in potential peace negotiations with Israel—voted to retain the resolution. Six states, including Egypt, were absent. No Arab country voted for repeal, and the PLO denounced the vote.

ii. Post-Intifada Developments

Document 647: United Nations Security Council Resolution 904, Massacre of Palestinian Worshippers at the Mosque of Ibrahim in Hebron (March 18, 1994) [S.C. Res. 904, U.N. SCOR, 3351st mtg., U.N. Doc. S/RES/904 (1994)]. In Resolution 904, the Security Council strongly condemns the massacre of Palestinian worshipers in the Mosque of Ibrahim in Hebron. It calls upon Israel to implement measures to prevent acts of violence by Israeli settlers and requests the cosponsors of the Madrid Peace Conference (i.e., the United States and the Russian Federation) to continue their efforts to invigorate the peace process.

Document 648: Shamgar Commission Report (June 26, 1994) [ available at http:// www.mfa.gov.il/MFA/Government/Law/Legal%20Issues%20and%20Rulings/COM MISSION%20OF%20INQUIRY-%20MASSACRE%20AT%20THE%20TOMB% 20OF%20THE]. Following the Hebron massacre, Israel’s government established a commission of inquiry headed by president of the Supreme Court, Justice Meir Shamgar. The commission found that the massacre was carried out by Dr. Baruch Goldstein who acted alone in the attack. In addition, the Shamgar Commission recommended installation of electronic security devices, a specially trained security force that could handle the unique tensions of worshipping Muslims and Jews, and a method for separating Jewish and Muslim worshippers completely with the intent of protecting both groups from further violence.

Document 649: Council of the League of Arab States, Arab Charter on Human Rights (September 15, 1994) [18 Hum. Rts. LJ. 151 (1997)]. The Arab Charter of Human Rights was adopted in Cairo by members of the League of Arab States. Article 1(b) states that racism, Zionism, occupation, and foreign domination constitute fundamental obstacles to the realization of the basic rights of peoples. The charter declares that there is a need to “condemn and endeavor to eliminate all such practices.” It was never ratified and remains in a process of revision.

Document 650: Letterfrom Israeli Ambassador Gad Yaacobi to the United Nations Regarding Measures to Eliminate International Terrorism (April 10, 1995) [U.N. GAOR, 50th Sess., U.N. Doc. A/50/133 (1995)]. In this letter to United Nations Secretary-General Boutros Boutros-Ghali, Israeli Ambassador Gad Yaacobi stresses that since the signing of the Declaration of Principles (Oslo Accords), 125 Israelis had been killed in fifty-two separate terrorist attacks, most of them committed by Islamic Fundamentalist organizations.

Document 651: Statement by United Nations Secretary-General Boutros Boutros-Ghali Condemning the Bus Bombing in Gaza that Killed Israelis (April 10, 1995) [U.N. Press Release, U.N. Dep’t of Public Info., U.N. Doc. SG/SM/5608 (1995)]. This statement from United Nations Secretary-General Boutros Boutros-Ghali strongly condemns the April 9 attacks in the Gaza Strip that killed eight people and wounded sixty- one others. It marks the first time that the United Nations condemned a terrorist attack against Israelis that was carried out in the Occupied Territories.

Document 652: Excerpts of the Final Communique of the Arab Summit Conference, Cairo (June 23, 1996) [U.N. GAOR, 50th Sess., Agenda Items 42, 44, 66 and 73, Appendix, U.N. Doc. A/50/986 (1996)]. This final communique of the Arab Summit Conference held in Cairo focuses nearly exclusively on the Palestinian-Israeli peace process following the Madrid Conference. It reaffirms the commitment of Arab states to securing ajust resolution to the conflict and calls on Israel to unequivocally commit to the peace process so as to restore Palestinian rights and return the Occupied Territories, as well as to ensure balanced and equal security in the region in keeping with the principle of land-for-peace.

Document 653: United Nations General Assembly Resolution 51/26, Peaceful Settlement of the Question of Palestine (December 4, 1996) [G.A. Res. 51/26, U.N. GAOR, 72d plen. mtg., U.N. Doc. A/RES/51/26 (1996)]. In Resolution 51/26, the General Assembly responds positively to advancements made toward peace between Israel and the Palestinians. It acknowledges the mutual recognition between the Government of the State of Israel and the PLO, notes with satisfaction the withdrawal of the Israeli army that took place in the Gaza Strip and Jericho area in accordance with agreements, notes with satisfaction the successful holding of the first Palestinian general elections, and notes the establishment of the Office of the United Nations Special Coordinator in the Occupied Territories. The General Assembly emphasizes its commitment to reestablishing the 1967 borders (Green Line) and pursuing the issue of refugees. Additionally, it emphasizes the need for the United Nations to play a more active and expanded role in the peace process and in the implementation of the Declaration of Principles (Oslo Accords).

Document 654: Excerpts from the Report of the Secretary-General, Pursuant to General Assembly Resolution 51/26 (November 6, 1997) [U.N. GAOR, 52d Sess., Agenda Items 36, and 37, U.N. Doc. A/52/581 (1997)]. In this report, United Nations Secretary-General Kofi Annan notes the stagnation of the Peace Process during the past year. Annan reports on the “horrifying terrorist bombings in Israel, which took the lives of innocent people” and shook the confidence between Israelis and Palestinians. Annan calls on both sides to do everything possible to restore mutual trust, revitalize peace negotiations, and ensure steady progress through the transitional period.

Document 655: Excerpts from the United Nations International NGO Meeting on the Question of Palestine, Cairo (April 26, 1998) [available at http://domino.un.org/ UNISPAL.NSF/85255e950050831085255e95004fa9c3/03359a8fde96a60e052566 c00053cd24!OpenDocument]. In this text, the NGOs participating in the United Nations International NGO Meeting on the Question of Palestine in Cairo April 25-26, 1998, note with satisfaction that the meeting was convened in the region for the first time. They affirm that the question of Palestine is fundamentally about the struggle for land and the fulfillment of the inalienable Palestinian rights to establish an independent state alongside Israel with Al-Quds or East Jerusalem as its capital. The NGOs state that Israeli policies have undermined confidence in the current peace process, and they call on Israel to implement the Oslo Agreement. They further assert that cooperation between Palestinians and Israeli NGOs is important to securing the rights of Palestinians.

Document 656: Memorandum of Agreement between Israel and the United States (October 30, 1998) [available at http://www.usembassy-israel.org.il/publish/peace/

archives/1998/october/memo_of_agreement.html]. This memorandum was the first strategic cooperation agreement between Israel and the United States to be signed at the highest offices of each government—by U.S. President Bill Clinton and Israeli Prime Minister Binyamin Netanyahu. Previously, such memoranda were signed at a ministerial level. It states that, in view of the long-term commitment by the United States to the maintenance of Israel’s qualitative edge, the two states would work together to enhance Israel’s defensive and deterrent capabilities and to upgrade the framework of their military relationship.

Document 657: Excerpts from the Report of the Working Group on Arbitrary Detention (Al- Khiam Prison) (December 28, 1999) [U.N. ESCOR, U.N. Comm. on Hum. Rts., 56th Sess., U.N. Doc. E/CN.4/2000/4 (1999)]. Given confusion over what state or entity was in authority at Al-Khaim Prison in southern Lebanon, the Commission on Human Rights Working Group on Arbitrary Detention determines in this report that it is justified in addressing communications and urgent appeals concerning Al- Khiam to the Israeli Government “inasmuch as it has been sufficiently demonstrated that the SLA [Southern Lebanon Army] is acting on behalf of the IDF.”