UN endorses US-backed Gaza 'peace' resolution

The UN Security Council passed a US-backed resolution on Nov. 17 endorsing the Trump administration's 20-point Gaza peace plan. The Security Council urged all parties to implement the peace plan "in good faith and without delay."

The resolution, passed by a vote of 13 members in favor with China and Russia abstaining, recognizes the proposal's "Board of Peace" (BOP) as a "transitional governance administration" in Gaza to coordinate funding and the redevelopment of the Gaza Strip until the Palestinian Authority (PA) completes its "reform program."

The resolution also authorizes the BOP to establish a temporary International Stabilization Force (ISF) in Gaza. The ISF will consist of forces contributed by participating states in consultation with Egypt and Israel. The force, along with Israel, Egypt, and a newly trained PA police force, will help secure border areas, monitor humanitarian operations, and enforce the permanent disarmament of Hamas. To carry out its mandate, the resolution empowers the ISF to "use all necessary measures" in accordance with international law.

Under the plan, as the ISF stabilizes the Gaza Strip, Israel Defense Forces (IDF) is to withdraw from the territory, based on a demilitarization timeframe that the IDF, ISF and the US will agree upon. An IDF-controlled security perimeter will remain in force until the Gaza Strip is properly secured.

US Ambassador to the UN Mike Waltz hailed the resolution, stating that the ISF "will stabilize the security environment, support the demilitarization of Gaza, dismantle terrorist infrastructure, decommission weapons and maintain the safety of Palestinian civilians." The Chinese Foreign Ministry, however, denounced the resolution as vague and for failing to incorporate key principles, including "the Palestinians governing Palestine," and the two-State solution.

The BOP and the ISF were first outlined in the "Comprehensive Plan to End the Gaza Conflict" (also known as the "20-Point Plan"), with the first phase taking effect on Oct. 9. According to the plan, the BOP will be chaired by President Donald Trump, with other international leaders serving, including former British prime minister Tony Blair. The plan, which led to the current ceasefire in Gaza, called for the release of hostages, a partial withdrawal of the IDF from Gaza, and an increase in humanitarian aid into the territory.

As of today, Hamas has released all living hostages and the remains of most deceased ones, while Israel has released 2,000 Palestinian detainees.

The ceasefire, however, appears fragile as both sides have accused the other of violating the agreement, with at least one prominent Palestinian journalist killed by the IDF in a post-ceasefire clash. Israel also continues to restrict the delivery of humanitarian aid.

The UN resolution has drawn criticism from many experts, including Dennis Ross and Assaf Orion from The Washington Institute. They note that the resolution falls under Chapter VII of the UN charter, the category for those that concern threats to peace and the use of force or sanctions in response. They argue that applying this category to the Israeli-Palestinian conflict is counterproductive, as force cannot resolve the question. Instead, they assert that Chapter VI resolutions, which emphasize diplomacy, are more appropriate.

From JURIST, Nov. 18. Used with permission.