Israel is a rogue
state
which is violating over 30 UN Security Council
resolutions
Israel is
a rogue state. It is violating over 30
UN Security Council resolutions, dating back to 1968, resolutions that require
action by Israel and Israel alone [1].
That very important fact is
entirely absent from reporting on Palestine
by the British and Irish media. If any
other state in this world were guilty of such persistent refusal to obey the
will of the “international community”, it would be subject to continuous threats
of economic and/or military sanctions by the US and the EU – and we would never
hear the end of it from the British and Irish media.
The Security Council
resolutions being violated by Israel
are listed in the Appendix below. For a correspondence
with the Israeli Embassy in London
on these violations see [2].
Four of the resolutions
being violated by Israel are
very significant: if Israel chose
to take the action demanded in them, the political landscape in Palestine would be
transformed. These are:
(1) Resolution 252
This resolution, passed on 21 May 1968, demands
that Israel reverse its
annexation of East Jerusalem. It states:
[The Security Council]
2. Considers that all legislative and administrative
measures and actions taken by Israel, including expropriation of land and
properties thereon, which tend to change the legal status of Jerusalem are
invalid and cannot change that status;
3. Urgently calls upon Israel
to rescind all such measures already taken and to desist forthwith from taking
any further action which tends to change the status of Jerusalem;
Israel’s failure to comply with this resolution
prompted further resolutions – 267 on 3 July 1969, 271 on 15 September 1969 and
298 on 25 September 1971 – demanding the reversal of its annexation of East Jerusalem.
(2) Resolution 446
This resolution, passed on 22 March
1979, demands that Israel
cease building Jewish settlements in the territories it has occupied since
1967, including in Jerusalem,
and that it remove those it has built.
It says:
[The Security Council]
Calls once more upon Israel, as the occupying Power, to
abide scrupulously by the 1949 Fourth Geneva Convention, to rescind its
previous measures and to desist from taking any action which would result in
changing the legal status and geographical nature and materially affecting the
demographic composition of the Arab territories occupied since 1967, including
Jerusalem, and, in particular, not to transfer parts of its own civilian
population into the occupied Arab territories;
The Fourth Geneva Convention (on the
Protection of Civilians Persons in Time of War) bans the planting of settlers
on territory captured in war. Article
49, paragraph 6, of the Convention says:
“The Occupying Power shall not deport or transfer parts of
its own civilian population into the territory it occupies.”
Israel’s failure to comply with this resolution
prompted further resolutions – 452 on
20 July 1979 and 465 on 1 March 1980 – demanding that Israel cease
colonising the territories it occupied in 1967.
(3)
Resolution 487
This resolution, passed on
19 June 1981, was prompted by the Israeli air attack on the Osirak nuclear
reactor at the Al Tuwaitha Nuclear Center near Baghdad on 7 June 1981. The resolution
“strongly” condemned “the military attack by Israel
in clear violation of the Charter of the United Nations” and says that “Iraq is entitled to appropriate redress for the
destruction it has suffered, responsibility for which has been acknowledged by Israel”.
Crucially, in paragraph 5, the Security Council
“calls upon Israel urgently to place its
nuclear facilities under IAEA [International Atomic Energy Agency] safeguards”.
By refusing to allow IAEA oversight of its nuclear
facilities, Israel
is violating this resolution.
(4)
Resolution 497
This
resolution, passed on 17 December 1981, demands that Israel
reverse its annexation of the Golan Heights, which were captured
from Syria
in June 1967:
[The Security Council]
1. Decides that the Israeli
decision to impose its laws, jurisdiction and administration in the occupied
Syrian Golan Heights is null and void and without international legal effect;
2. Demands that Israel, the
occupying Power, should rescind forthwith its decision;”
It is important to emphasise
that these four resolutions (and the others in the Appendix below) place
obligations on Israel, and Israel
alone. It is therefore within Israel’s power to
carry out those obligations without negotiation with the Palestinians or with
any other state in the region. It
doesn’t need to negotiate with anybody before undoing the annexation of East
Jerusalem or of the Golan Heights. Nor does it need to negotiate with anybody
before dismantling the Jewish settlements in the West Bank. Had it wished to do so, each of
these resolutions could have been implemented at the time they were passed by
the Security Council, and all could be implemented now, without any process of
negotiation.
Resolution
242
In that respect, these resolutions are very different
from the well-known resolution 242, the so-called “land for peace”
resolution. It requires action by other
states and non-state actors, as well as Israel.
Resolution 242 was passed on 22 November 1967, a few
months after Israel had
acquired large swathes of territory (the West Bank and Gaza
plus Sinai and the Golan Heights) by war,
contrary to Article 2 of the UN Charter.
One might have thought that the Security Council, as the guardian of the
UN Charter, would have required Israel
to withdraw unconditionally from the territory it had recently acquired by war,
contrary to the UN Charter, as Iraq
was required to do after it invaded Kuwait in August 1990.
But, in reality, 242 didn’t require Israel to do
anything. It merely stated its opinion
that “withdrawal of Israel armed forces from territories occupied in the recent
conflict” should be conditional on the “termination of all claims or states of
belligerency and respect for and acknowledgment of the sovereignty, territorial
integrity and political independence of every State in the area and their right
to live in peace within secure and recognized boundaries free from threats or
acts of force”. As such, 242 has
provided the perfect excuse for Israeli prevarication about withdrawal from the
territories it took over by force in 1967, contrary to the UN Charter.
Chapter VI
resolutions
Israel has been frequently
said that the Security Council resolutions requiring action by it are merely non-binding
recommendations that don’t have to be obeyed – because they are all Chapter VI
resolutions. For example, in a letter to
me the Israeli Embassy in London
wrote:
“All Chapter VI resolutions (ones which deal with “Pacific Resolution of
Disputes”) can only be implemented through a process of negotiation,
conciliation, or arbitration between the parties to a dispute. All UN Security
Resolutions concerning Israel
fall under this category, and cannot be self-enforced by Israel alone;
they all require a negotiating process.” [2]
By
contrast, according to Israel,
Security Council resolutions concerning Iraq
in the past and Iran
today, are almost all Chapter VII resolutions and are therefore mandatory. In a sense, this is true since Chapter VI
resolutions do not contain enforcement measures, that is, economic or military
sanctions, and therefore the chances of Israel obeying them are next to
nil.
To
give effect to its decisions, the Security Council may impose economic sanctions
under Article 41 of the UN Charter and may authorise the use of military force
under Article 42. Both of these Articles
are in Chapter VII of the UN Charter and hence resolutions with such
enforcement measures are referred to as Chapter VII resolutions. The Security Council has never passed a Chapter
VII resolution authorising economic or military sanctions against Israel.
All Chapter VI resolutions
non-binding?
So,
Israel
regards all Chapter VI resolutions as non-binding recommendations that don’t
have to be obeyed? Well, no – only those
that demand action by it. Israel takes a
different view of Chapter VI resolutions that demand action by other states. In particular, it justified its military
assault on Lebanon in the summer of 2006 in part because of Lebanon’s failure
to implement Security Council resolution 1559, which “calls for the disbanding
and disarmament of all Lebanese and non-Lebanese militias” [3]
Here’s
Dan Gillerman, Israel’s
Ambassador to the UN, on the subject, addressing the Security Council on 11
August 2006:
“The way to avoid the crisis between Israel
and Lebanon has been clear:
implementation of the unconditional obligations set out in resolutions 1559
(2004) and 1680 (2006), which set out issues for resolution between Lebanon and Syria. The clear path forward
required the disarming and disbanding of Hizbollah and other militias, and the
exercise by Lebanon,
like any sovereign State, of control and authority over all its territory. But
the will to implement this way has been lacking, and over the past month the
peoples of Israel and Lebanon have
paid a heavy price for that inaction.
“In the face of the failure to ensure that the obligations set out in
those resolutions were implemented, Israel
has had no choice but to do what Lebanon has failed to do.” [4]
So,
according to Dan Gillerman, resolution 1559 (and resolution 1680) contain
“unconditional obligations” which Lebanon must obey. 1559 is a Chapter VI resolution (as is
1680). So, applying the Gillerman
principle
(1)
resolution 252 contains an “unconditional obligation” upon Israel to reverse its annexation of East Jerusalem
(2)
resolution 446 contains an “unconditional obligation” upon Israel to cease building Jewish settlements in
the territories it occupied in 1967, including Jerusalem, and to remove those it has built.
(3)
resolution 487 contains an “unconditional obligation” upon Israel
“urgently
to place its nuclear facilities under IAEA safeguards”.
(4)
resolution 497 contains an “unconditional obligation” upon Israel to reverse its annexation of the Golan Heights
Appendix UN Security Council resolutions being
violated by Israel
There
follows a list of 32 resolutions being violated by Israel,
resolutions which require action by Israel
and Israel
alone. It is based on an article by
Stephen Zunes, entitled United Nations
Security Council Resolutions Currently Being Violated by Countries Other than
Iraq [5]. It does not include resolutions that were violated for
a number of years but have now been implemented, such as those dealing with Israel’s 20-year occupation of southern Lebanon.
252 (21 May 1968)
Urgently calls upon Israel
to rescind measures that change the legal status of Jerusalem, including the expropriation of
land and properties thereon.
262 (31 December 1968)
Calls upon Israel
to pay compensation to Lebanon
for the destruction of airliners at Beirut
International Airport.
267 (3 July 1969)
Reiterates the demand that Israel
rescind measures seeking to change the legal status of occupied East Jerusalem.
271 (15 September 1969)
Reiterates the demand that Israel
rescind measures seeking to change the legal status of occupied East Jerusalem and
calls on Israel
to scrupulously abide by the Fourth Geneva Convention regarding the
responsibilities of occupying powers.
298 (25 September 1971)
Reiterates the demand that Israel
rescind measures seeking to change the legal status of occupied East Jerusalem.
446 (22 March 1979)
Calls on Israel
to cease, on an urgent basis, the establishment, construction, and planning of
settlements in the territories, occupied since 1967, including Jerusalem.
452 (20 July 1979)
Reiterates the demand that Israel
cease, on an urgent basis, the establishment, construction, and planning of
settlements in the territories, occupied since 1967, including Jerusalem.
465 (1 March 1980)
Reiterates the demand that Israel
cease, on an urgent basis, the establishment, construction, and planning of
settlements in the territories, occupied since 1967, including Jerusalem.
471 (5 June 1980)
Demands prosecution of those involved in assassination
attempts of West Bank leaders and compensation
for damages; reiterates demands to abide by Fourth Geneva Convention.
484 (19 December 1980)
Reiterates request that Israel abide by the Fourth Geneva
Convention.
487 (19 June 1981)
Condemns Israel’s
attack on Iraqi nuclear reactor and calls upon Israel to place its nuclear
facilities under the safeguard of the UN’s International Atomic Energy Agency.
497 (17 December 1981)
Demands that Israel
rescind its decision to annex the Golan Heights.
573 (4 October 1985)
Condemns the Israeli attack on the PLO in Tunisia and calls on Israel to pay compensation for
human and material losses from its attack and to refrain from all such attacks
or threats of attacks against other nations.
592 (8 December 1986)
Insists Israel
abide by the Fourth Geneva Conventions in East Jerusalem
and other occupied territories.
605 (22 December 1987)
Calls once more upon Israel, the occupying Power, to
abide immediately and scrupulously by the Fourth Geneva Convention, and to
desist forthwith from its policies and practices that are in violations of the
provisions of the Convention.
607 (5 January 1988)
Reiterates calls on Israel to abide by the Fourth
Geneva Convention and to cease its practice of deportations from occupied territories.
608 (14 January 1988)
Reiterates the demand that Israel cease its deportations of
Palestinians from the occupied territories.
636 (6 July 1989)
Reiterates the demand that Israel cease its deportations of
Palestinians from the occupied territories.
641 (30 August 1989)
Reiterates the demand that Israel cease its deportations of
Palestinians from the occupied territories.
672 (12 October 1990)
Reiterates calls for Israel to abide by provisions of
the Fourth Geneva Convention in the occupied territories.
673 (24 October 1990)
Insists that Israel come into compliance with
resolution 672.
681 (20 December 1990)
Reiterates call on Israel to abide by Fourth Geneva
Convention in the occupied territories.
694 (24 May 1991)
Reiterates that Israel “must refrain from deporting
any Palestinian civilian from the occupied territories and ensure the safe and
immediate return of all those deported”.
726 (6 January 1992)
Reiterates calls on Israel to abide by the Fourth
Geneva Convention and to cease its practice of deportations from occupied territories.
799 (18 December 1992)
Reaffirms applicability of Fourth Geneva Convention…to
all Palestinian territories occupied by Israel
since 1967, including Jerusalem,
and affirms that deportation of civilians constitutes a contravention of its obligations
under the Convention.
904 (18 March 1994)
Calls upon Israel,
as the occupying power, to take and implement measures, inter alia, confiscation
of arms, with the aim of preventing illegal acts of violence by settlers.
1073 (28 September 1996)
Calls on the safety and security of Palestinian
civilians to be ensured.
1322 (7 October 2000)
Calls upon Israel to scrupulously abide by the
Fourth Geneva Convention regarding the responsibilities of occupying power.
1402 (30 March 2002)
Calls for Israel to withdraw from Palestinian
cities.
1403 (4 April 2002)
Demands that Israel go through with “the
implementation of its resolution 1402, without delay”.
1405 (19
April 2002)
Calls for UN inspectors to investigate civilian deaths
during an Israeli assault on the Jenin refugee camp.
1435 (24
September 2002)
Calls on Israel to withdraw to positions of
September 2000 and end its military activities in and around Ramallah,
including the destruction of security and civilian infrastructure.
Note: Since
1972, the US
has used its veto in the Security Council 42 times in order to prevent the
passing of resolutions critical. See [6]
for details.
David
Morrison
23 February
2008
www.david-morrison.org.uk
References:
[1] All UN Security Council resolutions
on Palestine
can be found at domino.un.org
/UNISPAL.NSF/vCouncilRes
[2] www.david-morrison.org.uk/palestine/israeli-embassy-corr.htm
[3] www.david-morrison.org.uk/scrs/2004-1559.pdf
[4] www.david-morrison.org.uk/scps/20060811.pdf
[5] www.fpif.org/commentary/2002/0210unres.html
[6] www.globalpolicy.org/security/membship/veto/vetosubj.htm