Summary
The Security Council’s resolution of 20 August 1980, adopted at the 2245th meeting by 14 votes to none with 1 abstention (the United States), in response to the enactment of a “basic law” in the Israeli Knesset proclaiming a change in the character and status of Jerusalem and to Israel’s non-compliance with resolution 476 (1980): it censures the enactment in the strongest terms, affirms that it constitutes a violation of international law and does not affect the continued application of the Geneva Convention of 12 August 1949 in the Palestinian and other Arab territories occupied since June 1967 including Jerusalem, determines that all Israeli legislative and administrative measures and actions which have altered or purport to alter Jerusalem’s character and status, and in particular the recent “basic law”, are null and void and must be rescinded forthwith, decides not to recognize the “basic law” or other actions resulting from it, calls on Member States to accept that decision and on States with diplomatic missions at Jerusalem to withdraw them, and requests a Secretary-General’s report on implementation before 15 November 1980 (Resolution 478 (1980): The Basic Law on Jerusalem (20 August 1980), PDF p.1).
What the file is
The resolution as printed in the Security Council’s Official Records, on 1 PDF page (printed p.14), about 701 words in the text copy counting the whole page. The page also carries the tail of a preceding item with its adoption line (10 votes to 1, United States, with 4 abstentions), the Decisions following the resolution (the President’s note of 20 August 1980 on the settlements Commission’s report date, and the 2256th meeting’s UNDOF item), and the opening of Resolution 481 (1980), all accounted for below. The text copy’s OCR garbles scattered words (including “JO” and “I” in the preceding adoption line, “al” for “of” in the heading, and “S.” for paragraph 5); the resolution’s wording was checked against the original’s printed page, which reads it cleanly, and quotations are corrected against the original where the text copy garbles them.
Section by section
- Preceding item, tail (PDF p.1). The end of a sentence on the rights conferred on a Member State invited to participate under rule 37 of the provisional rules of procedure, with its adoption line: adopted by 10 votes to 1 (United States of America), with 4 abstentions (France, Norway, Portugal, United Kingdom of Great Britain and Northern Ireland). Not part of the resolution.
- Preamble (PDF p.1). Recalling its resolution 476 (1980); reaffirming again that the acquisition of territory by force is inadmissible; deeply concerned over the enactment of a “basic law” in the Israeli Knesset proclaiming a change in the character and status of the Holy City of Jerusalem, with its implications for peace and security; noting that Israel has not complied with resolution 476 (1980); reaffirming its determination to examine practical ways and means, in accordance with the relevant provisions of the Charter of the United Nations, to secure the full implementation of resolution 476 (1980) in the event of non-compliance by Israel.
- Operative paragraph 1 (PDF p.1). Censures in the strongest terms the enactment by Israel of the “basic law” on Jerusalem and the refusal to comply with relevant Security Council resolutions.
- Operative paragraph 2 (PDF p.1). Affirms that the enactment of the “basic law” by Israel constitutes a violation of international law and does not affect the continued application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem.
- Operative paragraph 3 (PDF p.1). Determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the recent “basic law” on Jerusalem, are null and void and must be rescinded forthwith.
- Operative paragraph 4 (PDF p.1). Affirms also that this action constitutes a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.
- Operative paragraph 5 (PDF p.1). Decides not to recognize the “basic law” and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem, and calls upon (a) all Member States to accept this decision and (b) those States that have established diplomatic missions at Jerusalem to withdraw such missions from the Holy City.
- Operative paragraph 6 (PDF p.1). Requests the Secretary-General to report to the Security Council on the implementation of the present resolution before 15 November 1980.
- Operative paragraph 7 (PDF p.1). Decides to remain seized of this serious situation. Adopted at the 2245th meeting by 14 votes to none, with 1 abstention (United States of America).
- Following decisions (PDF p.1). In a note dated 20 August 1980, the President stated that the Chairman of the Security Council Commission established under resolution 446 (1979) had informed him on behalf of the Commission that it had resumed its work in its original composition, that it would be difficult to report before 1 September 1980 as called for in paragraph 9 of resolution 465 (1980), and that it requested an extension of its report date to 25 November; after informal consultations, no member had any objection. At its 2256th meeting, on 26 November 1980, the Council proceeded to the UNDOF item (S/14263). Not part of the resolution.
- Following item, opening (PDF p.1). Resolution 481 (1980) of 26 November 1980: having considered the Secretary-General’s UNDOF report, it decides to call on the parties to implement resolution 338 (1973) immediately and renews UNDOF’s mandate for six months, until 31 May 1981. Not part of the resolution.
Key passages
- “Censures in the strongest terms the enactment by Israel of the “basic law” on Jerusalem and the refusal to comply with relevant Security Council resolutions” (operative paragraph 1, PDF p.1)
- “Determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the recent “basic law” on Jerusalem, are null and void and must be rescinded forthwith” (operative paragraph 3, PDF p.1)
Evidence the work relies on
A Security Council resolution, not an evidentiary work. Its stated basis is resolution 476 (1980), which it recalls and whose non-implementation it notes, and the Geneva Convention of 12 August 1949, whose continued application paragraph 2 affirms. The “basic law” itself is characterized — a Knesset enactment proclaiming a change in Jerusalem’s character and status — but not named by its Israeli title, quoted, or dated in the file.
Analysis
Resolution 478 is the follow-through resolution 476 promised: 476’s paragraph 6 determination to examine practical ways and means on non-compliance is reaffirmed in 478’s preamble, and 478 then adds what 476 lacked — a censure, a non-recognition decision binding in form on the Council’s own position, a call on Member States to accept it, a specific call to withdraw diplomatic missions from Jerusalem, and a dated reporting requirement (before 15 November 1980). Its null-and-void determination repeats 476’s paragraph 4 language and extends it expressly to the recent “basic law”. Where 476 framed the Knesset steps as initiated legislation, 478 responds to an enactment. It names no sanctions or other Charter measures; the “practical ways and means” remain unexercised in the text itself.
People, organizations, places and events
UN Security Council Resolution 478, UN Security Council Resolution 476, City of Jerusalem, Basic Laws, Fourth Geneva Convention, Security Council Commission on Settlements
Concepts
How it relates to other sources
This is the primary text for Resolution 478, not previously held as a source in the wiki; the City of Jerusalem page and Origins and Evolution of the Palestine Problem: Part III (1978-1983) record it from secondary accounts — the study notes 13 countries withdrew their missions after 478 — which this text now anchors, including its 14-0-1 vote, its 15 November 1980 reporting date, and its paragraph 5(b) withdrawal call, the operative basis for those withdrawals. It follows Resolution 476 (1980): Jerusalem (30 June 1980) by seven weeks and converts 476’s threatened examination into a decision, while the “basic law” it censures is the Jerusalem, Capital of Israel law listed for 1980 in Basic Laws from Dowty’s table.
Open questions
- The “basic law” is not named by its Israeli title or enactment date in the file; its identification with the Basic Law: Jerusalem, Capital of Israel (1980) rests on the Basic Laws page’s Dowty table, not on this page.
- Footnote 22, attached to the Geneva Convention’s date in paragraph 2, is not reproduced on this page; in the 476 page the same footnote number gives the Convention’s Treaty Series citation.
- The Secretary-General’s report requested before 15 November 1980 is not in the file.
- The resolution does not say which States had diplomatic missions at Jerusalem at its adoption.
Coverage
PDF p.1 of 1, read in full.