This article has been written by Ms. Jaanvi Keshav, a 4th year student of Himachal Pradesh National Law University, Shimla.

Abstract

The Israel-Palestine conflict has been a longstanding and complex issue with profound implications for regional and international peace and security and has now resulted in the ongoing war between Israel and Hamas. The United Nations Security Council (UNSC) has played a central role in addressing this conflict through resolutions and actions. This research paper aims to analyze the historical context, evolution, and effectiveness of Security Council resolutions and actions concerning the Israel-Palestine conflict. It explores the legal, political, and humanitarian dimensions of the Council’s involvement, critically assessing the impact of its decisions on the prospects for a just and lasting resolution to the conflict.

1.Introduction

The Israel-Palestine conflict is a protracted and deeply rooted struggle over territory, identity, and self-determination. Originating in the late 19th century with the Zionist movement’s goal of establishing a Jewish homeland in historic Palestine, the conflict intensified in the mid-20th century as Israel declared independence in 1948, leading to the first Arab-Israeli war. The dispossession of Palestinian Arabs and the subsequent Arab-Israeli conflicts have shaped the region’s geopolitical landscape and triggered ongoing tensions. The contested territory includes Israel, the West Bank, Gaza Strip, and East Jerusalem, with both Israelis and Palestinians asserting historical and religious claims to the land. The conflict involves complex issues such as borders, refugees, the status of Jerusalem, and the right to self-determination, making it a multifaceted challenge with far-reaching consequences for regional and international stability. The Israel-Palestine conflict has consistently drawn the attention of the international community, and the UNSC has played a central role in addressing the crisis. The decisions and resolutions adopted by the UNSC carry legal and political weight, reflecting the collective will of the international community in attempting to find a just and peaceful resolution to the conflict.

2.Background of the Israel Palestine Conflict

The origins of the conflict can be traced back to the late 19th century, and the conflict has evolved through a series of historical events, wars, and negotiations. Below is a detailed overview of the history of the Israel-Palestine conflict:

1. Late 19th Century: Rise of Zionism and Palestinian Nationalism (1880s-1917):
   • Zionist Movement: The late 19th-century saw the rise of the Zionist movement, which sought to establish a Jewish homeland in Palestine. The movement gained momentum under Theodor Herzl, culminating in the First Zionist Congress in 1897.
   • Balfour Declaration (1917): During World War I, the British government issued the Balfour Declaration, expressing support for the establishment of a “national home for the Jewish people” in Palestine. This declaration had a profound impact on the trajectory of the conflict.
2. British Mandate Period (1917-1947):
   • League of Nations Mandate: Following World War I, the League of Nations granted Britain a mandate to administer Palestine. The British Mandate period witnessed increasing tensions between Jewish and Arab communities.
   • Arab Uprisings: Arab protests against Jewish immigration and land purchases escalated, leading to violent confrontations.
3. Post-World War II and UN Partition Plan (1947):
   • Holocaust: The atrocities of the Holocaust during World War II further fueled international support for the establishment of a Jewish state.
   • UN Partition Plan: In 1947, the United Nations proposed a partition plan to divide Palestine into separate Jewish and Arab states, with Jerusalem as an international city. While Jewish leaders accepted the plan, Arab leaders rejected it.
4. 1948 Arab-Israeli War and Israeli Independence:
   • Declaration of Independence: On May 14, 1948, David Ben-Gurion proclaimed the establishment of the State of Israel. Arab states, rejecting the partition plan, invaded Israel, leading to the 1948 Arab-Israeli War.
   • Armistice Agreements: The war ended in 1949 with armistice agreements, establishing Israel’s borders, but leaving the West Bank and East Jerusalem under Jordanian control, and Gaza under Egyptian control.
5. Suez Crisis (1956) and Six-Day War (1967):
   • Suez Crisis: In 1956, Israel, along with Britain and France, invaded the Sinai Peninsula during the Suez Crisis.
   • Six-Day War: In 1967, tensions escalated, leading to the Six-Day War. Israel captured the Sinai Peninsula, Golan Heights, West Bank, and East Jerusalem during the conflict.
6. Yom Kippur War (1973) and Peace Process:
   • Yom Kippur War: In 1973, Egypt and Syria launched a surprise attack on Israel during the Yom Kippur holiday, leading to a conflict with significant geopolitical implications.
   • Peace Process: Subsequent years saw peace negotiations, including the Camp David Accords (1978) between Israel and Egypt, and the Oslo Accords (1993) between Israel and the Palestine Liberation Organization (PLO).
7. Post-Oslo Period and Ongoing Tensions:
   • Settlements and Land Disputes: The construction of Israeli settlements in the West Bank, considered illegal under international law, has been a major source of contention.
   • Intermittent Conflicts: Periodic outbreaks of violence, such as the First and Second Intifadas, the Gaza conflicts, tensions over Jerusalem, and the current war between Hamas and Israel have characterized the ongoing struggle.

3.Historical Overview of UNSC Resolutions on the Israel-Palestine Conflict:

The UNSC has played a pivotal role in shaping the diplomatic landscape and influencing the peace process. The following provides a detailed examination of key milestones and developments in UNSC resolutions concerning the Israel-Palestine conflict:

1. 1. Resolution 242 (1967):
      • Following the Six-Day War in 1967, UNSC Resolution 242 was adopted.
      • The resolution called for Israel’s withdrawal from territories occupied during the war and recognized the need for secure and recognized boundaries for all states in the region. The phrase “land for peace” became associated with Resolution 242, emphasizing the idea that territorial concessions by Israel should be met with the recognition of its right to exist in peace.
   2. Resolution 338 (1973):
      • In the aftermath of the Yom Kippur War in 1973, Resolution 338 was adopted.
      • The resolution called for an immediate ceasefire and negotiations based on Resolution 242. It emphasized the urgency of a peaceful settlement and the implementation of previous UN resolutions.
   3. Resolution 3379 (1975):
      • This resolution was not directly related to the Israel-Palestine conflict but had significant implications.
      • Resolution 3379 equated Zionism with racism, a characterization that was widely criticized. The resolution was eventually revoked in 1991 following changes in the geopolitical landscape.
   4. Resolution 2420 (1975):
      • This resolution addressed the situation in the Middle East, including the Israel-Palestine conflict.
      • It reaffirmed the principles of territorial integrity, sovereignty, and political independence and called for a just and lasting peace based on Security Council Resolutions 242 and 338.
   5. Resolution 3382 (1980):
      • Amidst tensions in the region, this resolution was adopted.
      • Resolution 3382 reiterated the call for Israel’s withdrawal from territories occupied in the 1967 conflict and stressed the importance of achieving a comprehensive and lasting settlement.
   6. Resolution 1515 (2003):
      • Against the backdrop of the Second Intifada and continued violence, Resolution 1515 was adopted.
      • The resolution endorsed the Quartet’s Road Map for Peace, outlining a series of steps for both Israel and the Palestinians to achieve a two-state solution.
   7. Resolution 1860 (2009):
      • In the aftermath of the 2008-2009 Gaza conflict, Resolution 1860 was adopted.
      • The resolution called for an immediate ceasefire, the opening of border crossings, and humanitarian assistance. It emphasized the need for a two-state solution.
   8. Resolution 2334 (2016):
      • Against the backdrop of increased settlement activities, Resolution 2334 was adopted.

• The resolution declared Israeli settlements in the West Bank, including East Jerusalem, as a violation of international law. It called for a halt to settlement construction and reaffirmed the international community’s commitment to a two-state solution.

Critiques and Controversies:

The Israel-Palestine conflict has been a subject of intense critique and controversy, reflecting the deeply entrenched nature of the conflict and diverse perspectives on its causes, consequences, and potential solutions. Critiques and controversies surrounding the conflict can be categorized into several key areas:

1. Security Council Bias and Selectivity:
   • One recurring critique is that the UN Security Council (UNSC) exhibits bias and selectivity in its approach to the Israel-Palestine conflict. Some argue that the Security Council has historically been more critical of Israeli actions, while other conflicts receive comparatively less attention.
   • The use of the veto power by permanent members, particularly the United States, has at times led to the blocking of resolutions critical of Israel. This has sparked controversy and raised questions about the Security Council’s ability to act impartially in addressing the conflict.
2. Allegations of Violations of International Law:
   • Israeli settlements in the West Bank, including East Jerusalem, are widely considered illegal under international law. Critics argue that continued settlement expansion impedes the establishment of a viable Palestinian state and undermines the prospects for a two-state solution.
   • The blockade of the Gaza Strip by Israel, with Egypt’s cooperation, has been criticized as a collective punishment on the civilian population. Critics contend that the blockade restricts the movement of people and goods, exacerbates humanitarian conditions, and violates international law.
3. Human Rights Concerns:
   • Human rights organizations have raised concerns about the treatment of Palestinians in the occupied territories. Allegations include arbitrary detentions, restrictions on freedom of movement, and the use of excessive force during clashes.
   • The conduct of military operations, particularly in the Gaza Strip, has sparked controversy. Accusations of disproportionate use of force, targeting civilian infrastructure, and civilian casualties have led to debates over the compliance of actions by both Israeli forces and Palestinian armed groups with international humanitarian law.
4. Jerusalem and Religious Sites:
   • The status of Jerusalem is a contentious issue, and decisions such as the recognition of Jerusalem as Israel’s capital by certain countries have fueled controversy. Competing claims to East Jerusalem as the capital of a future Palestinian state contribute to tensions.
   • Access to religious sites, including the Al-Aqsa Mosque and the Western Wall, has been a source of contention. Controversies over restrictions on access and incidents near religious sites have heightened tensions.
5. Role of External Actors:
   • The United States, as a key ally of Israel, has faced criticism for its perceived bias in the conflict. The U.S.’s use of its veto power in the UNSC and its role as a mediator have been sources of controversy.
   • The involvement of regional actors, such as Iran and other Arab states, has also contributed to controversies. Geopolitical rivalries in the region often intersect with the Israel-Palestine conflict, influencing the dynamics and exacerbating tensions.
6. Challenges to Peace Process:
   • The repeated failures of peace talks and negotiations between Israeli and Palestinian leaders have led to skepticism and frustration. Critics argue that structural issues, including settlements and the status of Jerusalem, hinder progress and undermine the viability of a two-state solution.
   • Unilateral actions by both parties, such as annexation plans and declarations, have sparked controversies. These actions are seen as undermining the prospects for negotiated solutions and altering the status quo.

Resolution 2712 (2023) and Resolution 2720 (2023) in response to the Israel Hamas War

The Israel-Hamas War of 2023 began on October 7, 2023, when Hamas launched a coordinated attack on Israel, involving land, sea, and air assaults from the Gaza Strip. This attack resulted in more than 1,200 deaths, primarily Israeli citizens, making it the deadliest day for Israel since its independence. Over 240 people were taken hostage during the assault.The conflict had roots in the complex history of the Israeli-Palestinian conflict, with tensions escalating over the years due to issues such as the status of the Gaza Strip, previous conflicts, and the use of underground tunnels by Palestinian groups.The war saw a significant and unexpected assault by Hamas, overwhelming Israel with a large number of rockets and infiltrations into Israeli territory. The Israeli Defense Forces (IDF) responded with airstrikes, ground incursions, and a complete siege of the Gaza Strip. International efforts were made to secure the release of hostages, with Qatar acting as a mediator.The conflict resulted in a high number of casualties, extensive displacement, and ongoing military operations in both the Gaza Strip and the West Bank. The situation escalated further with additional fronts opening up, including increased tensions with Hezbollah near the Lebanese border and attempts by Houthi forces to strike southern Israel.Despite a temporary pause in fighting and a prisoner exchange agreement, the conflict continued, and the region faced complex geopolitical dynamics involving Israel, Palestinian groups, regional actors, and the broader Middle East landscape.

Resolution 2712 (2023) and Resolution 2720 (2023) demonstrate the role of the United Nations Security Council (UNSC) in addressing the Israel-Hamas conflict. The key points include:

1. The resolutions reaffirm the obligations of all parties under international law, emphasizing the protection of civilians, particularly children, in armed conflicts.
2. The UNSC demands urgent humanitarian pauses and corridors to ensure full, rapid, safe, and unhindered humanitarian access to the Gaza Strip. It calls for the release of hostages, especially children, and stresses the need for immediate humanitarian relief.
3. The resolutions reject forced displacement of the civilian population, including children, as a violation of international law.
4. The UNSC expresses deep concern about the disruption of education and the lifelong impact of conflict on the physical and mental health of children.
5. Emphasis is placed on coordination, humanitarian notification, and deconfliction mechanisms to protect medical and humanitarian personnel, facilities, and critical infrastructure.
6. The Secretary-General is requested to report regularly on the implementation of the resolutions, and options for effective monitoring are to be identified.
7. Commendation is given to ongoing efforts by regional and international actors, as well as the Secretary-General, to address the hostage and humanitarian crises.
8. The resolutions reaffirm the status of the Gaza Strip as part of the territory occupied in 1967 and reiterate support for a two-State solution with the Gaza Strip as part of the Palestinian State.
9. Resolution 2720 calls for the appointment of a Senior Humanitarian and Reconstruction Coordinator to facilitate, coordinate, monitor, and verify humanitarian relief consignments to Gaza.
10. Demands are made for the provision of fuel to Gaza to meet humanitarian needs and for parties to allow and facilitate routes for humanitarian assistance.
11. Both resolutions reaffirm the obligations of parties to the conflict under international humanitarian law, including the protection of civilians, humanitarian access, and the respect for humanitarian personnel.

The current state of the United Nations Security Council is widely perceived as ineffective and dysfunctional in its existing structure. The conflict between Israel and Hamas serves as just one illustration of the Council’s incapacity to take decisive actions. The root of this dysfunction can be traced to the uneven distribution of power and the veto system, which impedes the Council from effectively carrying out its mandate.

Conclusion

In conclusion, the Israel-Palestine conflict is a deeply rooted and complex geopolitical struggle with historical, political, and religious dimensions. The prospects for conflict resolution remain elusive, and the situation continues to be marked by challenges, controversies, and regional complexities. The international community’s engagement, diplomatic initiatives, and adherence to international law play pivotal roles in shaping the trajectory of peace efforts. As the conflict persists, it is evident that a sustainable resolution requires addressing core issues, fostering regional cooperation, and ensuring the meaningful participation of both Israeli and Palestinian stakeholders. The journey towards a just and lasting peace in the region remains a complex undertaking that demands sustained commitment, dialogue, and innovative diplomatic approaches from all involved parties and the broader international community.As long as the UN Security Council remains incapable of adjusting to the evolving dynamics of global politics, it will continue to face censure for its perceived lack of effectiveness. The international community watches anxiously, hopeful for a resolution to the Israeli-Hamas conflict and, perhaps, a revitalization of the Security Council’s capacity to fulfill its crucial role in maintaining global peace and security.

References

1. This article was originally written by Sammy Westfall, Brian Murphy, Adam Taylor, Bryan Pietsch and Andrea Salcedo and published on The Washington Post. The link for the same is herein https://www.washingtonpost.com/world/2023/israel-palestine-conflict-timeline-history-explained/.
2. This article was originally published on The Times Of Israel. The link for the same is herein https://www.timesofisrael.com/full-text-of-un-security-council-resolution-calling-for-gaza-pause-boost-in-aid/.
3. This article was originally written by Alex Marquardt, Priscilla Alvarez and Donald Judd and published on CNN politics. The link for the same is herein https://edition.cnn.com/2023/12/22/politics/un-security-council-resolution-israel-gaza-resolution/index.html.
4. This article was originally published on UN News. The link for the same is herein https://news.un.org/en/story/2023/11/1143632.
5. This article was originally written Abbas Al Lawati and Nadeen Ebrahim and published on CNN politics. The link for the same is herein https://edition.cnn.com/2023/10/09/middleeast/israel-hamas-gaza-war-explained-mime-intl/index.html.
6. United Nations Security Council. (2023). Resolution 2712. Retrieved from UN Document.
7. United Nations Security Council. (2023). Resolution 2720. Retrieved from UN Document.