Council of Delegates 2011: Resolution 5
Implementation of the Memorandum of Understanding and Agreement on Operational Arrangements dated 28th November 2005 between Palestine Red Crescent Society and the Magen David Adom in Israel
Council of Delegates of the International Red Cross and Red Crescent Movement, Geneva, Switzerland, 26 November 2011
The Council of Delegates,
recalling the MoU signed by PRCS and MDA on 28 November 2005, in particular the following provisions :
- MDA and PRCS will operate in conformity with the legal framework applicable to the Palestinian territory occupied by Israel in 1967, including the Fourth Geneva Convention of 1949 on the protection of Civilians in Time of War.
- MDA and PRCS recognize that PRCS is the authorized National Society in the Palestinian territory and that this territory is within the geographical scope of the operational activities and the competences of PRCS. MDA and PRCS will respect each others' jurisdiction and operate in accordance with the Statutes and Rules of the Movement.
- After the Third Additional Protocol is adopted and by the time MDA is admitted by the General Assembly of the International Federation of Red Cross and Red Crescent Societies:
a. MDA will ensure that it has no chapters outside the internationally recognized borders of the State of Israel;
b. Operational activities of one Society within the jurisdiction of the other Society will be conducted in accordance with the consent provision of resolution 11 of the 1921 Conference;
taking note, with appreciation for his work, of the report presented to the Council by Minister (Hon.) Par Stenbäck, the Independent Monitor appointed by the International Committee of the Red Cross (ICRC) and the International Federation of Red Cross and Red Crescent Societies (International Federation) with the agreement of MDA and the PRCS upon request of the International Conference to monitor progress achieved in the implementation of the MoU and the AOA of 28 November 2005 between the PRCS and the MDA;
recalling Resolution no.5 adopted by the Council of Delegates on 25 November 2009 concerning the implementation of the MoU and AOA between PRCS and MDA;
recalling Resolution no.5 adopted by the 30th International Conference of the Red Cross and Red Crescent concerning the implementation of the MoU and AOA between PRCS and MDA;
reaffirming the importance of operating in accordance with international humanitarian law and with the Statutes, Rules, and Fundamental Principles of the International Red Cross and Red Crescent Movement;
noting that National Societies have an obligation to operate in compliance with the Constitution of the International Federation of Red Cross and Red Crescent Societies and the existing policy “on the protection of integrity of National Societies and bodies of the International Federation” adopted in November 2009.
reaffirming the necessity for effective and positive coordination between all components of the Movement of Red Cross and Red Crescent for the full implementation of the MoU between the PRCS and MDA;
- notes the reported progress that has been made with respect to implementation and commends the efforts of both National Societies;
- notes with regrets that full implementation of the MoU has not yet been realised as observed by the monitor;
- strongly urges MDA to fulfil its obligations without further delay and complete the efforts underway to bring its operations into compliance with the geographic scope provisions of the MoU;
- requests the ICRC and International Federation to reaffirm the mandate of the monitoring process and to continue to support and strengthen the monitoring process of the implementation of the MoU;
- decides that the monitoring process will continue until such time as the MoU is implemented in full and requests that regular reports on the monitoring mechanism are issued as deemed necessary;
- requests National Societies to respond favourably to any request for assistance and support in the monitoring process;
- requests the ICRC and International Federation to arrange for the provision of a report on implementation of the MoU to the next Council of Delegates and through it to the International Conference.