United Nations Security Council Resolution 446
Resolution 446 of the UN Security Council dealt with the issue of Israeli settlements in the Arab territories which were conquered by Israel in the Six Day War, but not yet, had been like the Sinai returned, ie the West Bank, with East Jerusalem, the Gaza Strip and the Golan Heights.
The resolution noted the Security Council that "the policies and practices of Israel in establishing settlements in the Palestinian and Arab territories that were occupied since 1967 have no legal validity and constitute a serious obstacle to a comprehensive, simple and permanent to achieve peace in the Middle East. "
The resolution was adopted on March 22, 1979 at the meeting 2134th unopposed by twelve votes, with Norway, the United Kingdom and the United States had abstained.
Resolution 446 and the Fourth Geneva Convention
Confirmed Resolution 446 " once more that the Fourth Geneva Convention relating to the protection of Civilian Persons in Time of War of 12 August 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem. " Israel argues, however, that neither the West Bank or Gaza, the area was a " signatory state" at the time when they were occupied by Israel, and that is why the Convention was not applicable to them.
Israel's position is not recognized by the other signatories to the Fourth Geneva Convention. Article 1 of the Convention states that " the signatory States may take everything to respect the present Convention and to ensure the respect. "
On 15 July 1999 a conference of signatories to the Fourth Geneva Convention met in Geneva at the UN headquarters. You certain that the Convention in the Occupied Palestinian Territories is applicable, including Jerusalem. 2001, during a one-day meeting of the signatory states, 114 countries have adopted a three-page statement confirming that the terms of the Convention are applicable to the Palestinian territories.
In August 2004, a working group of the Israeli Ministry of Justice, which was convened by Attorney General Menachem Mazuz, reviewed and recommended that the Israeli government should consider the application of the Fourth Geneva Convention to the West Bank and Gaza the consequences of a judgment of the International Court of Justice.
Unilateral withdrawal from the Gaza Strip
Israel evacuated the settlers from the Gaza Strip in September 2005, removed all settlements and military forces who have been there, but it retained the right to comprehensive control of the Gaza Strip and the living conditions of its population.
These include the control of the births and civil registers, passenger and goods transport, taking duties, currency, control of airspace and coastal waters, as well as the privilege and pre-emptive military interventions and the permanent military surveillance and presence within the Palestinian waters and from the Palestinian airspace over Gaza.
This was regulated by the so-called ' Disengagement Plan', which on one side, ie was written without Palestinian consent.
For this reason, Israel will continue to internationally defined as the occupying power of the Gaza Strip, which is so far controversial as Israel 's status as an occupying power, in spite of the regulated in the Disengagement Plan continued control of the area denies. The term of the occupation primarily denotes the effective control of a foreign territory. This was the case why Israel will continue to be considered by the United Nations as the occupying power of the Gaza Strip after the withdrawal of the settlers in 2005.
The West Bank, East Jerusalem and the Golan Heights will continue to be populated by Israeli citizens.