After criticism from Israelis and Palestinians, the United Nations demands respect for the Security Council resolution
However, consent does not mean the end of the Council’s impasse over the war. The challenge now is to ensure that the actors involved the Israeli government and the terrorist group comply with the regulations prescribed in the UN text.
Although Security Council resolutions are legally binding, in practice they are ignored by many countries.
The adopted resolution, drafted by Maltese diplomats, took on a more emphatic tone: replaced verbs like “appeal” with “demand.”
The mechanism was heard by the government at the United Nations, according to Brazilian diplomatic sources g1was used precisely to increase pressure on Israel and Hamas.
“The Security Council…demands that all parties comply with their obligations under international law, including international humanitarian law, particularly with regard to the protection of civilians, in particular children,” it said.
However, according to the same diplomats, there are possible moral consequences. By failing to take the measures called for in the resolution such as a humanitarian pause and mechanisms to ensure the protection of children in Gaza Israel is committing international noncompliance.
Since Palestine is not mentioned in the resolution, no sanctions are envisaged in this case. The text mentions Hamas, a terrorist group that controls the Gaza Strip, one of the two Palestinian territories.
Regarding Hamas, the assessment is that Malta’s resolution puts pressure on the group by quoting it in the text this was the first proposed resolution to do so.
And that noncompliance in this case the handover of the hostages could have consequences for the future name of the group, which is not classified as terrorist by the United Nations.
The ones from the g1 They also said the text emphasizes that both sides must “respect the rules of international humanitarian law.”
Since Hamas was not recognized by the United Nations as an interlocutor, it could not be sanctioned, but there are alternatives, explains Roberto Menezes, professor at the Institute of International Relations at the University of Brasília (IRel/UnB).
“Since the goal of the resolution is to stop Israel’s war machine and military incursion into the Gaza Strip, the Security Council can enforce peace by sending troops (blue helmets) under UN mandate,” he explained.
Although it is possible, the deployment of blue helmets is not under discussion and is not mentioned in the resolution.
The Security Council could also impose an arms embargo on all of Palestine, says Menezes. “This would have a direct impact on Hamas. No country was allowed to sell or supply weapons to the conflict region. The country that violates the embargo could be subject to sanctions, this is very serious.”
In the case of Israel, its status of international noncompliance may negatively impact the country’s future decisions and affect diplomatic relations.
“(Failure to comply with resolutions) creates discomfort due to noncompliance with international regulations. It can also generate political and moral sanctions, the deterioration of diplomatic relations“, he said g1 former Hague Court judge Sylvia Steiner the only Brazilian to date to be a member of the International Court of Justice.
One of the biggest bottlenecks is that Israel is usually supported by the United States, which has the right to veto any resolution in the Security Council the country is one of the council’s five permanent members and, according to the rules, these countries alone have the Power to completely veto a proposal, regardless of the number of yes votes.
“A resolution has no coercive force. The biggest flaw in the international legal system is precisely the sanctions mechanism. It is still very difficult to impose an obligation. Israel, for example, has already been condemned by the Hague court for building the wall (between its country and the West Bank) and did not bring the slightest satisfaction,” Steiner said.
Since Israel is a signatory to UN protocols to protect civilians in war zones, Security Council diplomacy is also trying to advance this path.
“The perception that the UN Security Council is unable to act effectively can reduce the perceived costs of initiating a conflict for states and other actors. In other words, the lack of an effective deterrent mechanism can increase the likelihood of conflict,” said Alexandre Coelho, secretary of the Asia and Pacific Research Committee of the International Political Science Association (IPSA).
In theory, if Israel fails to comply with the resolution, it could be sanctioned by another Security Council resolution, but American support makes this unlikely.
“The most forceful thing the US could do at this moment is to recognize the Palestinian state. That would be more important than sanctions, and Biden will be pressured to do so. It would be historic and would leave Israel without soil. It would completely change the course of the war,” says Menezes.
This option is also unlikely. Because Biden is about to take part in the presidential elections in the USA. “Biden is more concerned about his reelection and how to keep his party in power.”
1 in 1 people walk towards the south of the Gaza Strip on November 10, 2023. — Photo: Mahmud Hams/ AFP People walk towards the south of the Gaza Strip on November 10, 2023. — Photo: Mahmoud Hams/AFP
By the end of Thursday afternoon (16), Israel and Hamas indicated that they would not accept the resolution or parts of it.
- Israel’s representative to the United Nations criticized the text, saying: “Hamas does not follow resolutions.” The Israeli government has said there will be no respite until the hostages are released.
- Hamas did not comment on the text.
Other countries such as the United Kingdom were optimistic.
“[Esta resolução] will save lives. “We need a concerted effort to get help as quickly as possible, in as many ways as possible,” Barbara Woodward, Britain’s permanent representative to the United Nations, said after the vote.
Marcelo Lins: “A ceasefire in Gaza would be more than urgent at this point”
- Protecting children in the Gaza Strip.
- A pause in the conflict that began on October 7 and is expected to last long enough for humanitarian aid to reach civilians in the Gaza Strip. The aim is to “facilitate the continuous, sufficient and unhindered supply of essential goods and services including water, electricity, fuel, food and medical care”.
- All parties to the war must avoid denying the population of the Palestinian territory basic services and “vital humanitarian assistance.”
- Hamas releases Israeli hostages.
- All parties to the war must avoid denying the population of the Palestinian territory basic services and “vital humanitarian assistance.”
- Hamas releases Israeli hostages.
- Emergency repairs to critical infrastructure, medical evacuation of sick or injured children and their caregivers, and human rescue and recovery efforts including missing children from damaged and destroyed buildings.
- Provide full access for UN agencies and their partners such as the International Committee of the Red Cross and other impartial humanitarian organizations.
Emergency repairs to critical infrastructure, medical evacuation of sick or injured children and their caregivers, and human rescue and recovery efforts including missing children from damaged and destroyed buildings.
Provide full access for UN agencies and their partners such as the International Committee of the Red Cross and other impartial humanitarian organizations.
The resolution also reiterates that “all parties to the conflict must comply with their obligations under international law” and affirms that these rules ensure the full protection of children. The text does not condemn Israel or describe Hamas’ attacks on October 7 as “acts of terrorism.”