Following a spate of recent media inaccuracies concerning the legal status of the Arab territories occupied by Israel since 1967, and to coincide with the 40th anniversary of their capture, that of the Golan Heights is clarified by Arab Media Watch adviser Guy Gabriel and chairman Sharif Hikmat Nashashibi.

30 May 2007

The Golan Heights is Syrian territory militarily conquered by Israel in 1967 and illegally annexed on 14 December 1981. A good map showing the area of occupation can be viewed at:

http://www.passia.org/palestine_facts/MAPS/Golan_Heights_West_Bank_under_occupation.htm

The response of the UN (which always refers to the area as "the Syrian Golan Heights") to Israel's territorial gains in 1967 was of condemnation, resulting in Security Council resolution 242 which emphasised the "inadmissibility of the acquisition of territory by war," and stipulated that a just and lasting peace requires the "withdrawal of Israel armed forces from territories occupied in the recent conflict." The full text of the resolution can be viewed at:

http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/240/94/IMG/NR024094.pdf?OpenElement

Syria tried unsuccessfully to recover the Golan Heights from Israel in 1973. Both countries signed an armistice agreement in 1974, since when a UN Disengagement Force (UNDOF) has been in place on the ceasefire line. The UNDOF website is at:

http://www.un.org/Depts/dpko/missions/undof/index.html

The Golan Heights were illegally annexed by Israel through the passing by the Knesset (parliament) of the Golan Heights Law on 14 December 1981, thus applying Israeli laws, jurisdiction and administration to anyone living in the territory, irrespective of origin. The text of the law can be viewed at:

http://mondediplo.com/focus/mideast/a2351

In response, the UN Security Council issued resolution 497, "reaffirming that the acquisition of territory by force is inadmissible, in accordance with the United Nations Charter, the principles of international law, and relevant Security Council resolutions." Furthermore, the resolution:

1. "Decides that the Israeli decision to impose its laws, jurisdiction and administration in the occupied Syrian Golan Heights is null and void and without international legal effect;"

2. "Demands that Israel, the occupying Power, should rescind forthwith its decision;"

3. "Determines that all the provisions of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 continue to apply to the Syrian territory occupied by Israel since June 1967;"

4. "Requests the Secretary-General to report to the Security Council on the implementation of this resolution within two weeks and decides that in the event of non-compliance by Israel, the Security Council would meet urgently, and not later than 5 January 1982, to consider taking appropriate measures in accordance with the Charter of the United Nations."

The full text of resolution 497 can be viewed at:

http://unispal.un.org/unispal.nsf/0/73d6b4c70d1a92b7852560df0064f101?OpenDocument

The UN General Assembly has repeatedly passed resolutions condemning Israel's occupation and annexation of the Golan Heights. The annexation has never been recognised by the UN or accepted by the territory's indigenous population.

A full report on all aspects of the Golan Heights, as well as prospects for Syrian-Israeli peace, is available at:

http://www.arabmediawatch.com/amw/CountryBackgrounds/Syria/GolanHeightsSyrianIsraelipeace/tabid/383/Default.aspx