Blood: The bitter harvest of breaching Resolution 2334
Blood: The bitter harvest of breaching Resolution 2334
Paul Heywood-Smith

Blood: The bitter harvest of breaching Resolution 2334

I have been troubled by the Wests media treatment of the October 7th military raid on Israel by the Palestinian people. Who is really responsible for the fact that the October 7 raid occurred?

I believe that the answer to this question can be found in the text of UN Security Council Resolution 2334, adopted by the Security Council on 23 December 2016, and in Israels response to it. The resolution passed 14-0 with one abstention. That abstention was the United States. The vote was taken in the last month of the Obama administration.

In order that there can be no suggestion of my hiding anything, or misrepresenting the Resolution, I reproduce, in full, the text of the Resolution.

The Security Council,

Reaffirming its relevant resolutions, including resolutions 242 (1967), 338 (1973), 446 (1979), 465 (1980), 476 (1980), 1397 (2002), 1515 (2003), and 1850 (2006).

Guided by the purposes and principles of the Charter of the United Nations, and reaffirming, inter alia, the inadmissibility of the acquisition of territory by force,

Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,

Condemning all measures aimed at altering the demographic composition, character and status of the Palestinian Territory occupied since 1967, including East Jerusalem, including, inter alia, the construction and expansion of settlements, transfer of Israeli settlers, confiscation of land, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law and relevant resolutions,

Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines,

Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including natural growth, and the dismantlement of all settlement outposts erected since March 2001,

Recalling also the obligation under the Quartet roadmap for the Palestinian Authority Security Forces to maintain effective operations aimed at confronting all those engaged in terror and dismantling terrorist capabilities, including the confiscation of illegal weapons,

Condemning all acts of violence against civilians, including acts of terror, as well as all acts of provocation, incitement and destruction,

Reiterating its vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders,

Stressing that the status quo is not sustainable and that significant steps, consistent with the transition contemplated by prior agreements, are urgently needed in order to (i) stabilise the situation and to reverse negative trends on the ground which are steadily eroding the two-State solution and entrenching a one-State reality, and (ii) to create the conditions for successful final status negotiations and for advancing the two-State solution through those negotiations and on the ground,

1. Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace; 2. Reiterates its demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem, and that it fully respect all of its legal obligations in this regard; 3. Underlines that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations; 4. Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution; 5. Calls upon all States, bearing in mind paragraph 1 of this resolution, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967; 6. Calls for immediate steps to prevent all acts of violence against civilians, including acts of error, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism; 7. Calls upon both parties to act on the basis of international law, including international humanitarian law, and their previous agreements and obligations, to observe calm and restraint, and to refrain from provocative actions, incitement and inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the ground, rebuilding trust and confidence, demonstrating through policies and actions a genuine commitment to the two-State solution, and creating the conditions necessary for promoting peace; 8. Calls upon all parties to continue, in the interest of the promotion of peace and security, to exert collective efforts to launch credible negotiations on all final status issues in the Middle East peace process and within the time frame specified by the Quartet in its statement of 21 September 2010; 9. Urges in this regard the intensification and acceleration of international and regional diplomatic efforts and support aimed at achieving, without delay a comprehensive, just and lasting peace in the Middle East on the basis of the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the Israeli occupation that began in 1967; and underscores in this regard the importance of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France for the convening of an international peace conference, the recent efforts of the Quartet, as well as the efforts of Egypt and the Russian Federation; 10. Confirms its determination to support the parties throughout the negotiations and in the implementation of an agreement; 11. Reaffirms its determination to examine practical ways and means to secure the full implementation of an agreement; 12. Requests the Secretary-General to report to the Council every three months on the implementation of the provisions of the present resolution; 13. Decides to remain seized of the matter.

By way of clarification the recalling of the advisory opinion rendered on 9 July 2004 by the ICJ was the advice by the Court that Israels Apartheid Wall was illegal and should be dismantled. The Wall was of course substantially built upon Palestinian land, i.e. land east of the Green Line.

The reference in the Resolution to occupied Palestinian territory included Gaza.

Israels response was to take retaliatory action against some of the members of the Security Council, being part of the 14 voting in favour of the resolution.

Shortly after the resolutions passage, the Israeli government announced that it will not comply with its terms. Prime Minister Netanyahu said: The resolution is part of the swan song of the old world that is biased against Israel.

The Security Council is however the Worlds leading authority. It includes all five permanent members Great Britain, France, Russia, China, and the US and it is not open or relevant for it to be called biased.

The Palestinian Authority accepted the Resolution.

Israel, in the seven years since the Resolution has not complied with it at all, and in particular, it has not ceased settlement activities, nor refrained from provocative actions, e.g. what has been occurring at the Al-Aqsa Mosque.

In the event, there is a strong argument that Israel, through its flagrant breaches of UN resolutions and international law, is responsible for what happened on October 7. To put it in the vernacular, you reap what you sow.

 

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