CONFERENCE OF HIGH CONTRACTING PARTIES
TO THE FOURTH GENEVA CONVENTION

DECLARATION
1. This Declaration reflects the common understanding reached by the participating
High Contracting Parties to the reconvened Conference of High Contracting Parties to
the Fourth Geneva Convention. The Conference of 15 July 1999, recommended by
United Nations' General Assembly Resolution ES-10/6 in an Emergency Special Session,
issued a statement as follows:
"… The participating High Contracting Parties reaffirmed the applicability of the Fourth
Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem.
Furthermore, they reiterated the need for full respect for the provisions of the said
Convention in that Territory. Taking into consideration the improved atmosphere in the
Middle East as a whole, the Conference was adjourned on the understanding that it will
convene again in the light of consultations on the development of the humanitarian
situation in the field."
2. The participating High Contracting Parties express deep concern about the
deterioration of the humanitarian situation in the field. They deplore the great number of
civilian victims, in particular children and other vulnerable groups, due to indiscriminate
or disproportionate use of force and due to lack of respect for international humanitarian
law.
3. Taking into account art. 1 of the Fourth Geneva Convention of 1949 and bearing
in mind the United Nations' General Assembly Resolution ES-10/7, the participating
High Contracting Parties reaffirm the applicability of the Convention to the Occupied
Palestinian Territory, including East Jerusalem and reiterate the need for full respect for
the provisions of the said Convention in that Territory. Through the present Declaration,
they recall in particular the respective obligations under the Convention of all High
Contracting Parties (para 4-7), of the parties to the conflict (para 8-11) and of the State of
Israel as the Occupying Power (para 12-15).
4. The participating High Contracting Parties call upon all parties, directly involved
in the conflict or not, to respect and to ensure respect for the Geneva Conventions in all
circumstances, to disseminate and take measures necessary for the prevention and
suppression of breaches of the Conventions. They reaffirm the obligations of the High
Contracting Parties under articles 146, 147 and 148 of the Fourth Geneva Convention
with regard to penal sanctions, grave breaches and responsibilities of the High
Contracting Parties.
5. The participating High Contracting Parties stress that the Fourth Geneva
Convention, which takes fully into account imperative military necessity, has to be
respected in all circumstances.
6. The participating High Contracting Parties see the need to recall basic
humanitarian rules with regard to persons taking no active part in the hostilities, which shall be treated humanely without any discrimination, and to recall the prohibition at any
time and in any place whatsoever of acts of violence to life and person, torture, outrages
upon personal dignity and of arbitrary or extra-judiciary executions.
7. The participating High Contracting Parties express their support for the
endeavours of the humanitarian relief societies in the field in ensuring that the wounded
and sick receive assistance, and for the activities of the International Committee of the
Red Cross (ICRC), the United Nations Relief and Works Agency in the Near East
(UNRWA) and of other impartial humanitarian organisations. They also express their
support for the efforts of the United Nations High Commissioner for Human Rights and
of UN Special Rapporteurs in order to assess the situation in the field and they take note
of the reports and recommandations of the High Commissioner for Human Rights
(E/CN/4/2001/114) and of the Commission of Inquiry (E/CN/4/2001/121).
8. The participating High Contracting Parties call upon the parties to the conflict to
ensure respect for and protection of the civilian population and civilian objects and to
distinguish at all times between the civilian population and combatants and between
civilian objects and military objectives. They also call upon the parties to abstain from
any measures of brutality and violence against the civilian population whether applied by
civilian or military agents and to abstain from exposing the civilian population to military
operations.
9. The participating High Contracting Parties call upon the parties to the conflict to
respect and to protect at all times the fixed establishments and mobile medical units of
the Medical Services and to facilitate the operations of the humanitarian relief societies in
the field, including the free passage of their ambulances and medical personnel, and to
guarantee their protection.
10. The participating High Contracting Parties call upon the parties to the conflict to
facilitate the activities of the ICRC, within its particular role conferred upon it by the
Geneva Conventions, the UNRWA and of other impartial humanitarian organisations.
They recognise and support their efforts to assess and to improve the humanitarian
situation in the field. They invite the parties to the conflict to co-operate with
independent and impartial observers such as the Temporary International Presence in the
City of Hebron (TIPH).
11. The participating High Contracting Parties call upon the parties to the conflict to
consider anew suggestions made at the meeting of experts of High Contracting Parties in
1998 to resolve problems of implementation of the Fourth Geneva Convention and to
respect and to ensure respect in all circumstances for the rules of international
humanitarian law and to co-operate within the framework of direct contacts, including
procedures of inquiry and of conciliation. They encourage any arrangements and
agreements supported by the parties to the conflict on the deployment of independent
and impartial observers to monitor, inter alia, breaches of the Fourth Geneva
Convention as a protection and confidence building measure, with the aim to ensure
effectiveness of humanitarian rules.
12. The participating High Contracting Parties call upon the Occupying Power to
fully and effectively respect the Fourth Geneva Convention in the Occupied Palestinian
Territory, including East Jerusalem, and to refrain from perpetrating any violation of the
Convention. They reaffirm the illegality of the settlements in the said territories and of
the extension thereof. They recall the need to safeguard and guarantee the rights and
access of all inhabitants to the Holy Places.

13. The participating High Contracting Parties call upon the Occupying Power to
immediately refrain from committing grave breaches involving any of the acts mentioned
in art. 147 of the Fourth Geneva Convention, such as wilful killing, torture, unlawful
deportation, wilful depriving of the rights of fair and regular trial, extensive destruction
and appropriation of property not justified by military necessity and carried out
unlawfully and wantonly. The participating High Contracting Parties recall that according
to art. 148 no High Contracting Party shall be allowed to absolve itself of any liability
incurred by itself in respect to grave breaches. The participating High Contracting Parties
also recall the responsibilities of the Occupying Power according to art. 29 of the Fourth
Geneva Convention for the treatment of protected persons.
14. The participating High Contracting Parties also call upon the Occupying Power
to refrain from perpetrating any other violation of the Convention, in particular reprisals
against protected persons and their property, collective penalties, unjustified restrictions
of free movement, and to treat the protected persons humanely, without any adverse
distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other
similar criteria.
15. The participating High Contracting Parties call upon the Occupying Power to
facilitate the relief operations and free passage of the ICRC, UNRWA, as well as any
other impartial humanitarian organisation, to guarantee their protection and, where
applicable, to refrain from levying taxes and imposing undue financial burdens on these
organisations.
16. The participating High Contracting Parties stress that respect for the Fourth
Geneva Convention and international humanitarian law in general is essential to improve
the humanitarian situation in the field and to achieve a just and lasting peace. The
participating High Contracting Parties invite the parties concerned to bring the conflict
to an end by means of negotiation and to settle their disputes in accordance with
applicable international law.
17. The participating High Contracting Parties welcome and encourage the initiatives
by States Parties, both individually and collectively, according to art. 1 of the Convention
and aimed at ensuring the respect of the Convention, and they underline the need for the
Parties, to follow up on the implementation of the present Declaration.
18. The participating High Contracting Parties express their gratitude to the to the
Depositary of the Fourth Geneva Convention for its good services and offices.

Source: Fourth Geneva Convention