The Avalon Project at Yale Law School

United Nations Security Council Resolution 459

DECEMBER 19, 1979

The Security Council,

Recalling its resolutions 425 (1978), 426 (1978), 427 (1978), 434 (1978), 444 (1979) and 450 (1979) as well as the statement of the President of the Security Council of 8 December 1978 (S/12958), of 26 April 1979 (S/13272) and of 15 May 1979 (S/PV.2144),

Recalling the debate of the Security Council on 29 and 30 August 1979 and the statements by the Secretary-General concerning the cease-fire,

Having studied the report of the Secretary-General on the United Nations Interim Force in Lebanon (UNIFIL) (S/13691),

Acting in response to the request of the Government of Lebanon and noting with concern the continued violations of the cease-fire, the attacks on UNIFIL and the difficulties in implementing Security Council resolutions,

Expressing its anxiety about the continued existence of obstacles against the full deployment of the Force and the threats to its very security, its freedom of movement and the safety of its headquarters,

Convinced that the present situation has serious consequences for peace and security in the Middle East and impedes the achievement of a just, comprehensive and durable peace in the area,

Reaffirming its call for the strict respect for the territorial integrity, unity, sovereignty and political independence of Lebanon within its internationally recognized boundaries, and welcoming the efforts of the Lebanese Government to reassert its sovereignty and restore its civilian and military authority in southern Lebanon,

1. Reaffirms the objectives of resolutions 425 (1978) and 450 (1979);

2. Expresses its support for the Secretary-General's efforts to consolidate the cease-fire and calls upon all parties concerned to refrain from activities inconsistent with the objectives of UNIFIL and to co-operate towards the fulfilment of these objectives;

3. Calls upon the Secretary-General and UNIFIL to continue to take all effective measures deemed necessary in accordance with UNIFIL's approved guidelines and terms of reference as adopted in resolution 426 (1978);

4. Takes note of the determination of the Government of Lebanon to draw up a programme of action in consultation with the Secretary-General to promote the restoration of its authority in pursuance of resolution 425 (1978);

5. Takes note also of the efforts of the Government of Lebanon to obtain international recognition for the protection of the archaeological and cultural sites and monuments in the city of Tyre in accordance with international law and the Hague Convention of 1954, which considers such cities, sites and monuments as a heritage of interest of all mankind;

6. Reaffirms the validity of the General Armistice Agreement between Israel and Lebanon in accordance with its relevant decisions and resolutions and calls upon the parties, with the assistance of the Secretary-General, to take the necessary steps to reactivate the Mixed Armistice Commission and to ensure full respect for the safety and freedom of action of the United Nations Truce Supervision Organization;

7. Highly commends the performance of the Force and its commander, and reiterates its terms of reference as set out in the Secretary- General's report of 19 March 1978 (S/12611) and approved by resolution 426 (1978), in particular, that the Force must be enabled to function as an efficient military unit, that it must enjoy freedom of movement and communication and other facilities necessary for the performance of its tasks and that it must continue to be able to discharge its duties according to the above-mentioned terms of reference, including the right of self-defence;

8. Urges all member States which are in a position to do so to continue to bring their influence to bear on those concerned, so that the Force can discharge its responsibilities fully and unhampered;

9. Decides to renew the mandate of the Force for six months, that is, until 19 June 1980;

10. Reaffirms its determination, in the event of continuing obstruction of the mandate of the Force, to examine practical ways and means in accordance with relevant provisions of the Charter of the United Nations to secure the full implementation of resolution 425 (1978);

11. Decides to remain seized of the question.

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