Law & Our Rights
GLOBAL LAW UPDATE

UN Security Council’s Gaza ceasefire appeal

Following months of deliberation, the UN Security Council successfully adopted a resolution on 25 March 2024 calling for an "immediate ceasefire for the month of Ramadan" and emphasising the urgent need for increased humanitarian aid to enter Gaza. In practical terms, this resolution, in accordance with international law, is legally binding on all UN member states, including Israel and Palestine, the latter holding observer status.

The Palestinian National Authority and Hamas have expressed support for the ceasefire resolution. However, Israel expressed dissatisfaction with the US abstention from the vote, suggesting that the wording of the resolution favours Hamas.

In practice, the resolution is unlikely to significantly improve the situation for the millions of Palestinians in Gaza, as the Security Council lacks effective means of enforcing its resolutions. Israel has previously even disregarded directives from the International Court of Justice (ICJ) to facilitate the urgent provision of basic services and humanitarian aid.

Although military intervention to enforce the resolution against Israel is improbable, other states could resort to economic and diplomatic measures to pressure Israel into compliance. These actions might involve imposing sanctions, suspending arms sales, or withdrawing diplomatic missions and support. Furthermore, the resolution primarily stresses the need to increase humanitarian aid flow to Gaza. However, this wording provides Israel with leeway to continue denying access to aid convoys at border crossings like Rafah and Kerem Shalom, citing security concerns.

Even before the conflict had commenced, and particularly following the Hamas attack on 7 October, Israel had been creating hindrances for humanitarian aid to enter Gaza, often rejecting supplies such as oxygen cylinders, ventilators, sleeping bags, dates, and maternity kits.

The decision by the US to abstain from the vote signifies a significant departure in its diplomatic backing for its primary ally in the Middle East. This resolution serves a clear signal to the Israeli government that the US has drawn a boundary in terms of what it is and is not willing to endorse and support. Moreover, the Security Council resolution is likely to intensify pressure on both parties to reach a consensus through negotiations facilitated by Qatar and Egypt.

The Security Council's resolution passed, although characterised by vague terms and limited incentives for compliance, currently presents at least an option for encouraging a cessation of violence and facilitating aid delivery of humanitarian aid to Gaza.

Hamas' recent proposal comprises four key points- implementation of a comprehensive ceasefire, withdrawal of Israeli forces from the Gaza Strip, repatriation of forcibly displaced Palestinians, exchange of Palestinian prisoners for Israeli hostages. As per media reports, Israeli government has agreed to an American-mediated compromise regarding the number of Palestinian prisoners to be released in exchange for Israeli hostages. But it appears that Israel is currently hesitant to commit to a permanent ceasefire.

Should this agreement materialise, it is expected to entail detailed arrangements for its implementation, like the temporary truce negotiated in November. This prior agreement involved a coordinated exchange of Israeli hostages for palestinian prisoners, alongside the delivery of humanitarian aid. The number of prisoners sought by Hamas in exchange for hostages has been a point of contention. In 2011, Israel agreed to release over 1,000 Palestinian prisoners in exchange for one Israeli soldier, Gilad Shalit. In anticipation of a similar scenario, Israel has detained thousands of Palestinians in both Gaza and the occupied West Bank for minor offenses in recent months. Currently, Hamas retains approximately 100 hostages, primarily men, including many reservists in the Israeli military.

The Security Council's resolution passed, although characterised by vague terms and limited incentives for compliance, currently presents at least an option for encouraging a cessation of violence and facilitating aid delivery of humanitarian aid to Gaza. Efforts toward achieving a potentially more meaningful and practical ceasefire should and will persist. With the recent developments, heightened attention should now be directed towards the people of Gaza, who are the worst victims.

The writer is apprentice lawyer and LLM  Candidate,  Department of Law, University of Rajshahi.

Comments

GLOBAL LAW UPDATE

UN Security Council’s Gaza ceasefire appeal

Following months of deliberation, the UN Security Council successfully adopted a resolution on 25 March 2024 calling for an "immediate ceasefire for the month of Ramadan" and emphasising the urgent need for increased humanitarian aid to enter Gaza. In practical terms, this resolution, in accordance with international law, is legally binding on all UN member states, including Israel and Palestine, the latter holding observer status.

The Palestinian National Authority and Hamas have expressed support for the ceasefire resolution. However, Israel expressed dissatisfaction with the US abstention from the vote, suggesting that the wording of the resolution favours Hamas.

In practice, the resolution is unlikely to significantly improve the situation for the millions of Palestinians in Gaza, as the Security Council lacks effective means of enforcing its resolutions. Israel has previously even disregarded directives from the International Court of Justice (ICJ) to facilitate the urgent provision of basic services and humanitarian aid.

Although military intervention to enforce the resolution against Israel is improbable, other states could resort to economic and diplomatic measures to pressure Israel into compliance. These actions might involve imposing sanctions, suspending arms sales, or withdrawing diplomatic missions and support. Furthermore, the resolution primarily stresses the need to increase humanitarian aid flow to Gaza. However, this wording provides Israel with leeway to continue denying access to aid convoys at border crossings like Rafah and Kerem Shalom, citing security concerns.

Even before the conflict had commenced, and particularly following the Hamas attack on 7 October, Israel had been creating hindrances for humanitarian aid to enter Gaza, often rejecting supplies such as oxygen cylinders, ventilators, sleeping bags, dates, and maternity kits.

The decision by the US to abstain from the vote signifies a significant departure in its diplomatic backing for its primary ally in the Middle East. This resolution serves a clear signal to the Israeli government that the US has drawn a boundary in terms of what it is and is not willing to endorse and support. Moreover, the Security Council resolution is likely to intensify pressure on both parties to reach a consensus through negotiations facilitated by Qatar and Egypt.

The Security Council's resolution passed, although characterised by vague terms and limited incentives for compliance, currently presents at least an option for encouraging a cessation of violence and facilitating aid delivery of humanitarian aid to Gaza.

Hamas' recent proposal comprises four key points- implementation of a comprehensive ceasefire, withdrawal of Israeli forces from the Gaza Strip, repatriation of forcibly displaced Palestinians, exchange of Palestinian prisoners for Israeli hostages. As per media reports, Israeli government has agreed to an American-mediated compromise regarding the number of Palestinian prisoners to be released in exchange for Israeli hostages. But it appears that Israel is currently hesitant to commit to a permanent ceasefire.

Should this agreement materialise, it is expected to entail detailed arrangements for its implementation, like the temporary truce negotiated in November. This prior agreement involved a coordinated exchange of Israeli hostages for palestinian prisoners, alongside the delivery of humanitarian aid. The number of prisoners sought by Hamas in exchange for hostages has been a point of contention. In 2011, Israel agreed to release over 1,000 Palestinian prisoners in exchange for one Israeli soldier, Gilad Shalit. In anticipation of a similar scenario, Israel has detained thousands of Palestinians in both Gaza and the occupied West Bank for minor offenses in recent months. Currently, Hamas retains approximately 100 hostages, primarily men, including many reservists in the Israeli military.

The Security Council's resolution passed, although characterised by vague terms and limited incentives for compliance, currently presents at least an option for encouraging a cessation of violence and facilitating aid delivery of humanitarian aid to Gaza. Efforts toward achieving a potentially more meaningful and practical ceasefire should and will persist. With the recent developments, heightened attention should now be directed towards the people of Gaza, who are the worst victims.

The writer is apprentice lawyer and LLM  Candidate,  Department of Law, University of Rajshahi.

Comments

বেথলেহেমের নেটিভিটি চার্চের ড্রোন থেকে নেওয়া ছবি। ফাইল ছবি: এএফপি

যুদ্ধের অশুভ ছায়ায় এবারো বেথলেহেমে সীমিত আকারে বড়দিনের উৎসব

টানা দ্বিতীয় বছরের মতো ইসরায়েল অধিকৃত পশ্চিম তীরের বেথলেহেমে বড়দিনে উৎসবমুখর পরিবেশ দেখা যায়নি বলে জানিয়েছেন প্রত্যক্ষদর্শীরা। 

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