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GMUN 2024 :- United Nations Security Council

Agenda : Deliberating upon the Israel-Palestine


conflict with special emphasis on the Gaza strip and
discussing means to a ceasefire.

Freeze Date - 22nd March, 2024;

I. Letter from the Executive Board:

Greetings Delegates,
It gives us great honor and immense pleasure to welcome you all to the United
Nations Security Council at GMUN 2024. As representatives of members of the
UNSC, you are tasked with debating, deliberating, and reaching a consensus on the
agenda at hand.

This background guide has been designed to help you get started on your research.
However, this document shouldn’t be your only source of research. Building upon
the outlook presented by this guide, you are expected to carry out your own
research through authentic sources and make sure to engage in comprehensive and
pragmatic debate throughout the sessions. The background guide has been drafted
thoroughly to ensure a holistic overview of this deeply polarizing and
internationally relevant agenda which can help you better understand the crux of
the issue at hand and how to direct the committee towards the desirable direction in
order to achieve consensus and address the issue being discussed in committee.
This deeply polarizing geopolitical conflict warrants immediate attention and
decisive action.

That being said, we sincerely hope that all delegates maintain the highest standards
of decorum and be on the best behavior during the days of the conference.
Remember, you must emulate the demeanor of a diplomat representing your
country to the best of your ability.
With that being said, we wish you all good luck and eagerly look forward to the
conference.

Warm Regards,
Co- Chairperson: Arul Swaminathan - arulswaminathansubash@gmail.com
Co- Chairperson: Ajinkya Mhaskar - ajinkyamhaskar.work@gmail.com
Co-Chairperson: Brihan Shankar - brihanshankar777@gmail.com

Note: This will be a Semi-crisis committee. The freeze date for


the start of this committee will be 22nd March, 2024.

II. Overview of The Security Council:

The United Nations (UN) is a cornerstone of global diplomacy, born out of the
crucible of World War II with the aim of preventing future global conflicts and
promoting international cooperation, as a successor to the failed League of
Nations. Established on October 24, 1945, in San Francisco, California, the UN
emerged as a collective response to the devastation of war and a shared
commitment to maintaining global peace and security. Its foundational document,
the UN Charter, was signed initially by just 51 countries, setting forth the
principles and objectives upon which the organization is built. Today, there are 193
Member States in the UN, and this number stands as a testament to the goals of
peace and prosperity that every country in the world wishes to achieve. One of the
UN's primary roles is to serve as a bulwark against international conflicts, and it
accomplishes this through various means, including peacekeeping operations,
conflict prevention initiatives, and disarmament efforts. From the Korean War to
the Rwanda genocide and the Iran-Iraq War, the UN has consistently sought to
mitigate the dire consequences of armed conflicts and promote diplomatic
solutions. Furthermore, the UN has been pivotal in decolonization efforts and has
championed fundamental freedoms through its numerous specialised agencies and
initiatives. The UN Security Council, a pivotal organ within the UN system, holds
primary responsibility for these tasks. The Security Council consists of five
permanent members, known as the P5 (China, France, Russia, the United
Kingdom, and the United States), each possessing the power to veto, highlighting
the importance of consensus in addressing global crises. Additionally, the UNSC
consists of ten nonpermanent members having a two-year term. The Security
Council, also, is the only organ of the UN with the legal authority to declare war.

A. Mandate of the Security Council:

The Mandate of the United Nations Security Council is vast, authoritative, and
assertive. The UN Charter is the primary document that governs the structure,
functioning, and capabilities of the Security Council. The main chapters of the UN
Charter pertaining to the Security Council are Chapters V, VI, VII, and VIII.
Chapter V deals with its composition (Article 23), functions and powers (Articles
24-26), voting (Article 27) and procedure (Articles 28-32). Chapter VI addresses
Security Council action for the pacific settlement of disputes (Articles 33-38),
while Chapter VII covers Security Council action with respect to threats to the
peace, breaches of the peace, and acts of aggression (Articles 39-51). Chapter VIII
addresses the Security Council's interaction with regional
arrangements or agencies (Articles 52-54).

The Security Council also possesses the unique power to be able to call upon
various organs and committees under the UN Charter, including the ECOSOC, the
Trusteeship Council, the Secretariat of the UN, the International Court of Justice,
and the General Assembly.

UN charter:-https://www.un.org/en/about-us/un-charter/full-text

B. Understanding the Power of Sanctions:

UNSC sanctions are legally binding on all UN member states. Member states are
required to implement these measures and enforce them within their own
jurisdictions. The UNSC can authorize member states to use force to ensure
compliance with sanctions. This includes naval blockades or military interventions
to prevent the violation of sanctions, as was seen in cases like the arms embargo in
the Balkans during the 1990s. It is further of utmost importance for the UNSC to
review sanctions imposed, and either modify or lift them based on the political
climate and the level of unrest.

C. Power of Veto:

The United Nations Security Council (UNSC) Power of Veto is a unique and
influential feature granted to the five permanent members (P5) of the council:
China, France, Russia, the United Kingdom, and the United States. This power
allows any one of these nations to block or "veto" any substantive resolution,
including those related to international peace and security, effectively halting its
adoption, even if all other member states support it. The veto power was intended
to ensure that major global powers would be committed to the United Nations and
would not abandon it, reducing the likelihood of a superpower confrontation akin
to what occurred in the pre-UN League of Nations era. However, the veto power
has also been a source of criticism, as it can lead to deadlock and inaction on
critical issues, such as humanitarian interventions or conflicts involving P5
members. Critics argue that this system can hinder the UNSC's effectiveness in
addressing urgent global crises, highlighting the tension between sovereign
equality and the need for decisive action in international diplomacy.

III. Rules of Procedure:


It is essential to adhere to the rules and maintain decorum for the smooth flow of
the committee. Rules of procedure refer to the formal conduct delegates are
expected to maintain during the conference.
For this conference, we will be adhering to the UNA-USA format of rules of
procedure.
Begin formal session:-
How to raise it:
The delegate of “your allotted country” puts forward a motion to begin the formal
session.

GSL:-
It is an inextinguishable list of delegates who get to speak on the agenda until the
end of formal session.
How to raise it:
The delegate of “your allotted country” puts forward a motion to begin the GSL
(General Speaker’s List)

Setting the Agenda:-


How to raise it:
The delegate of “your allotted country” puts forward a motion to set the agenda as
“Agenda of the committee”
Roll call:-
How to raise it:
The delegate of “your allotted country” raises a motion to begin a roll call. When
your allotted country is called upon during the roll call, you have two options
either say “present and voting” or simply say “present”.
(Note: If a delegate says “present and voting”, they cannot abstain from voting on
the resolution at the end of committee.)

Format of substantive chit:-

Substantive chit
To: Executive board
From: Delegate of “your allocated country”

*points*

Moderated Caucus:-
A moderated caucus is a structured and formal discussion format used to delve
deeper into specific topics or issues within a committee session.
How to raise it:
The delegate of “your allotted country” raises a motion to start a Moderated
Caucus on the topic “topic you want to discuss in committee”.

Unmoderated Caucus:-
This motion is proposed when delegates wish to discuss the status of the committee
among themselves and further evaluate their next actions.
How to raise it:
The delegate of “your allotted country” raises a motion to suspend formal debate
and move into an unmoderated Caucus for the time period of “x” minutes.
Points:-
1) Point of Parliamentary Enquiry:-
This point is raised by a delegate to clarify anything regarding the rules of
procedure or to know the status of the committee.(For example: to know which
delegate is speaking next/ if the EB is accepting more speakers)
How to raise it:
The delegate of “your allocated country” raises a point of a parliamentary enquiry.
2) Point of Personal Privilege:-
This point is raised by a delegate to address a personal issue. (For example: to ask
another delegate to repeat a point they made in their speech/to be excused from the
committee)
How to raise it:
The delegate of “your allocated country” raises a point of personal privilege.
3) Point of Order:-
This point can be raised by a delegate to point out logical or factual inaccuracies in
the speeches of other delegates.
How to raise it:
The delegate of “your allocated country” raises a point of order, Factual
inaccuracy/ Logical Fallacy (either one)
4) Point of Information:-
This is raised when a delegate wants to ask questions about another delegate's
speech.
How to raise it:
The delegate of “your allocated country” raises a point of information.
If you asked a question and are still not satisfied with the answer, you can raise a
follow-up question right after the delegate answers.
How to raise it:
The delegate of “your allocated country” wants to raise a followup question
(Note: This point can be denied if the Chairperson feels so).
If a delegate wants to ask a question through chit, you can use this format:

POINT OF INFORMATION

TO: Delegate of “country you want to question”


VIA: Executive Board
FROM: Delegate of “your allotted country”
*state the question*

Resolution:-
A resolution or reso, contains all the solutions that the committee wants to
introduce in the form of a formal document that will be discussed and put to vote in
front of the committee.
If passed, this acts as a set of suggestions and recommendations to those who agree
with it on the issue at hand.

Sponsors:
Sponsors are those who have majorly written the resolution, whose countries must
agree with every clause, and who would be answering the questions based on the
resolution. The number of sponsors is usually kept between 2 and 4, this will be
informed to the committee on the day of the conference.
Signatories:
Signatories are those who would like to see the resolution discussed in front of the
committee. A signatory does not necessarily agree with the resolution, just wants to
see it be debated. A delegate can be a signatory to more than one resolution.
Resolutions must have at least 1/3rd of the committee's strength as signatories to be
able to present them to the committee.
Amendments:
An amendment to a resolution is in the form of an edit, addition, or deletion to the
resolution that has been presented to the committee. This is usually sent to the
chairs after the resolution has been discussed and through a motion, the committee
is in an amendment session. If more than 1/3rd the number of a resolution's total
number of operative clauses are accepted as amendments, the resolution will be
scrapped. When an amendment is presented to the chairs, the sponsors of the
resolution will be given the option to either accept it as friendly or unfriendly. A
friendly amendment is automatically accepted, and the content that was aimed to
be changed, added or deleted is done as such. An unfriendly amendment means
that the committee will vote, to decide whether or not the change shall be made.
This is done through a simple majority vote.
1) (To introduce Resolution):
The delegate of “your allotted country” would like to raise a motion to introduce
*RESOLUTION NAME*
2) (Amendments):
The delegate of “your allotted country” would like to raise a motion to move into
the amendment session for *RESOLUTION NAME*
3) (To vote on the resolution): The delegate of “your allotted country” would like
to raise a motion to table the*RESOLUTION NAME* for the voting procedure.

Resolution Format:-

(Name of resolution)
Sponsors:
Signatories:
Topic: XYZ
Committee name,

(Preambulatory Clauses)

1. Every preambulatory clause ends with a comma (,)

(Operative clauses)
1. Every Operative clause ends with a semicolon (;)

2. Every sub-clause to a resolution should end with a comma (,) till and unless it is
the last subclause to the main clause, it shall end with a semicolon (;)

3. Every main clause before starting with a sub-clause should have a colon (:)

4. Full stop at the end of the resolution.

Voting:
Voting is of 2 types, procedural and substantive. Procedural voting requires a
simple majority, which is set at 50%+1 of committee strength.
For example, if a committee has 100 people, the simple majority is set at 51 votes.
Procedural Voting is used in cases such as voting upon motions. Substantive voting
requires a 2/3rds majority. This is primarily used in voting upon a resolution. For
example, if a committee has 100 members, the majority will be set at 67 votes.
Press Conference:
The questions may range from matters of foreign policy, the agenda itself or
controversial actions by the respective nations of the delegates, with the intended
purpose being to test the depth of the research and knowledge of the delegates.

Directives:-

● Directives are written requests which are sent to, read by, approved or denied
by the EB and follow a specific format. Directives are your main tool to
influence the crisis and lead the committee to a solution. They can be sent to
the EB in the form of a PDF or word document. To have the best chance of
getting your directives accepted by the backroom they need to be clear,
concise and well written.
● The format of Directives are as follows:-
Title: Title of the Directive
From: Name of portfolio/ portfolios involved
To: Portfolios to whom the directive is being addressed to
Type: Individual or Joint (if more than one portfolios are involved)
Status: Covert/Overt directive. (Details of a covert directive will remain a secret.
The delegate will know if the directive has passed or failed if it is incorporated in
the committee through crisis updates. The name of the senders and the content will
not be revealed to the committee.)
Objective: Briefly include the key message/purpose of the directive
Involved Forces: Forces and resources to be utilized in your directive
Plan of Action: Explain in detail the exact actions, steps to be taken. Give precise
and to-the point instructions.
Outcome: Briefly explain the immediate expected outcome of the directive

The EB has complete discretion over the passing or failing of a


directive. A failed directive brings about no change in the timeline of the
committee whereas a passed directive can dynamically change the timeline in
favor/against a particular delegate. The EB may also decide to pass only certain
parts of a directive.

Communiques:-

● Communiqués are messages from the entire committee/delegate to


another country, organization, person or group of people. These
facilitate dialogue with relevant actors in a crisis. Communiqués often
include negotiations, threats, and requests for aid or support but are not
limited to the above-stated. They are usually utilized when a country
whose consent, opinion, or stance on a particular issue is required, but
whose representation does not exist in committee.
● A Covert Communique is of the same nature as a communiqué except
that all communication is kept private between the
delegate(s) and the recipient(s) involved.
● The format of a Communique is as follows:-

COMMUNIQUE

From: Name of portfolio


To: Whoever you wish to contact
Type: Covert or Overt
Via: EB
*content of the communique*

NOTE: All crisis documents should be in formal manner, and communiques to


other member states in committee will be scrapped by the EB. Communiques are
also directed towards people outside the committee from whom you seek
assistance, for example the head of military, etc. and not for in-committee
members.

Press Releases:-

● It is used to make statements to the public or the press, often in


response to other statements or crisis updates.
● The format of a press release is as follows:-

PRESS RELEASE

From: Name of portfolio


To: EB

*contents of press release*

Crisis Update:-

● A Crisis is a simulation that changes in real time based on the actions and
decisions of the participants or by the discretion of the EB. Participants
submit written requests in the form of directives that can make changes in
real time, changing the scenario being discussed.
IV. Introduction to the Agenda :

Freeze Date - 22nd March, 2024;

● Israel and Palestine are two territories located in the Middle East,
bordering the Mediterranean Sea and Egypt to the west, Jordan and
Syria to the east and the Red Sea to the south.
● These two regions have a history dating back hundreds of years,
containing sacred religious sites for Jews, Christians and Muslims
alike. Its rich history coupled with its vast religious demographic has
provided various controversies and arguments.
● Since the 19th century, this region has been subjected to various
conflicted claims by both Jewish and Arab nationalists alike, causing
various conflicts, many of which involved excessive violence.
● These Jewish and Arab nationalists constantly pressed their agendas on
their fellow religious countrymen, agendas which progressively turned
into hate towards the opposition.
● Ever since the conception of a state for the Jews was proposed, tensions
between these two states escalated, causing brutal conflicts with
massive loss of resources and manpower for both parties from the years
of 1948 up until 1993, when the Oslo agreement was signed, offering a
prolonged peace between the two warring states.
● Despite the withdrawal of Israeli forces from the West Bank by 2005
due to the violent horrors of the Second Intifada, they continued to
maintain a stronghold over the region up until today.
● After Hamas gained a stronghold over the Gaza Strip, drastic changes
were observed, including near 800 rocket attacks on civilian Israeli
towns, prompting a response from Israel which led to an attack
culminating in hundreds of civilian deaths in 2008.
● The fiasco of Palestinian bombing raids on Israeli cities prompting
offensive responses continued in 2014, when Israel invaded the Gaza
Strip in an operation referred to as “Protective Edge”, which lasted for
50 days causing about 2000 civilian deaths in Gaza.
● An escalation of the conflict occurred recently, following the aftermath
of the controversial Abraham Accords in September 2020, which were
bilateral agreements on Arab-Israeli normalization signed between
Israel and the United Arab Emirates and between Israel and Bahrain,
becoming the first Arab nations to establish formal relations with Isael
since Jordan in 1994.
● A few months later, mass eviction of Palestinians from East Jerusalem
coupled with confrontations at Al-Aqsa mosque, caused controversy
and protest, sparking further tensions between Hamas and Israel in
2021.
● The construction of the Gaza wall also came to finish, causing a large
scale humanitarian crisis in the strip, further escalating the tensions
between the two sides.
● It eventually culminated in a gruesome conflict, as Israel launched a
counterterrorism operation in the West Bank in 2022 in response to
Palestinian Attacks.
● As the conflict in the West Bank went on, Hamas launched an
unprecedented surprise attack on Israel, leading to an explosion of
violence on October 7, 2023. These attacks led to casualties of up to
250 people killed, 250 taken as Hamas hostages and 1,500 injured in
Israel, making it the deadliest attack in the country in decades.
● They justified their actions by pushing the blame on the Israeli
government, claiming that their occupation of Palestinian lands, alleged
crimes against Muslims, including the desecration of Al-Aqsa Mosque
in Jerusalem, were all violations of their people and beliefs.
● These actions prompted Israel to officially declare war on Hamas, who
proceeded to perform a deadly rocket fire on Gaza and commenced a
ground assault on the strip.
● As of November 8, more than 10,000 people had been killed in
Palestine and more than 1,400 in Israel - 240 Israelis were captured in
Gaza, and some 1.4 million Palestinians within the first month of
conflict were displaced as humanitarian concerns have grown.
● In another controversial diplomatic event, the US used veto power to
quash Algeria’s draft resolution demanding an immediate ceasefire in
Gaza on Feb 20, 2024, after the concerned draft resolution gained
support from 13 out of the 15 members around the iconic horseshoe
table, with the United Kingdom abstaining.

● In conclusion, the Israel-Palestine conflict is currently in an essential


diplomatic limbo, where it is up to delegates of this committee to write
not only the future of this conflict, but the future of internal geopolitics
as a whole itself.

History:

What was Israel before 1948?


● After the devastating events of WW1, the regions of the former
Ottoman Colony of Palestine were captured by the British due to the
fall of the Ottoman Empire.
● The land was inhabited by the Jewish minority and the Arab majority,
as well as other smaller ethnic groups.
● Tensions between the two communities grew when the UK was tasked
with establishing a “national homeland” in Palestine for the Jewish
people.
● This stemmed from the Balfour Declaration of 1917, a pledge made by
then Foreign Secretary Arthur Balfour to Britain's Jewish community.
Balfour Declaration:
https://www.files.ethz.ch/isn/125415/8008_Balfour_Declaration.pdf
● This declaration was enshrined in the British Mandate of Palestine and
endorsed by the League of Nations-the preceding organization of the
UN- in 1922.
● To the Jews, Palestine was their ancestral homeland but the Palestinian
Arabs also claimed the same land and opposed the move.
● Between the 1920s and 1940s, the number of Jews arriving there grew,
with many fleeing from persecution in Europe, especially the Nazi
Holocaust in World War Two.
● Violence between Jews and Arabs, and against British rule, also
increased.
● In 1947, the UN voted for Palestine to be split into separate Jewish and
Arab states, with Jerusalem becoming an international city.

That plan was accepted by Jewish leaders but rejected by the Arab side
and never implemented.

How and why was Israel created?


● In 1948, unable to solve the problem, Britain withdrew and Jewish
leaders declared the creation of the State of Israel.
● It was intended to be a safe haven for Jews fleeing persecution, as well
as a national homeland for Jews.
● Fighting between Jewish and Arab militias had been intensifying for
months, and the day after Israel declared statehood, five Arab countries
attacked.

1949 Armistance Line:

● Hundreds of thousands of Palestinians fled or were forced out of their


homes in what they call Al Nakba, or the "Catastrophe"
● By the time the fighting ended in a ceasefire the following year, Israel
controlled most of the territory.
● Jordan occupied land which became known as the West Bank, and
Egypt occupied Gaza.
● Jerusalem was divided between Israeli forces in the West, and
Jordanian forces in the East.
● Because there was never a peace agreement there were more wars and
fighting in the following decades.

What is the Gaza Strip?


● Gaza is a narrow strip of land sandwiched between Israel and the
Mediterranean Sea, but with a short southern border with Egypt.
● Just 41km (25 miles) long and 10km wide, it has more than two million
inhabitants and is one of the most densely populated places on Earth.
● In the wake of the 1948-49 war, Gaza was occupied by Egypt for 19
years.
● Israel occupied Gaza in the 1967 war and stayed until 2005, during that
time building Jewish settlements.
● Israel withdrew its troops and settlers in 2005, though it retained
control over its airspace, shared border and shoreline. The UN still
considers the territory to be occupied by Israel.
● What are the main problems between Israelis and
Palestinians?

There are a number of issues which the two sides cannot agree on.

These include:

● What should happen to Palestinian refugees


● Whether Jewish settlements in the occupied West Bank should stay or
be removed
● Whether the two sides should share Jerusalem
● And - perhaps most tricky of all - whether a Palestinian state should be
created alongside Israel.

What efforts have been made to resolve these problems?


● Israel-Palestinian peace talks were held on and off between the 1990s
and 2010s, interspersed with outbreaks of violence.

● A negotiated peace did seem possible in the early days. A series of


secret talks in Norway became the Oslo peace process, forever
symbolised by a ceremony on the White House lawn in 1993 presided
over by President Bill Clinton.

● In a historic moment, the Palestinians recognised the State of Israel and


Israel recognised its historical enemy, the Palestine Liberation
Organisation (PLO), as the sole representative of the Palestinian
people. A self-governing Palestinian Authority was set up.

● Cracks soon appeared, though, with then opposition leader Benjamin


Netanyahu calling Oslo a mortal threat to Israel. The Israelis
accelerated their project to settle Jews in the occupied Palestinian
territories. The recently emerged Palestinian militant group Hamas sent
suicide bombers to kill people in Israel and wreck the chances of a deal.

● The atmosphere in Israel turned ugly, culminating in Israeli Prime


Minister Yitzhak Rabin's assassination by a Jewish extremist on 4
November 1995.
● In the 2000s attempts were made to revive the peace process -
including in 2003 when a roadmap was devised by world powers with
the ultimate goal of a two-state solution, but this was never
implemented.
● Peace efforts finally stalled in 2014, when talks failed between the
Israelis and Palestinians in Washington.
● The most recent peace plan - prepared by the US when Donald Trump
was president - was called "the deal of the century" by Prime Minister
Netanyahu, but was dismissed by the Palestinians as one-sided and
never got off the ground.
V. International and Regional Framework, including
Relevant Legalities and Confrontations :

Customary International Law:

Customary International Law(CIL) is a fundamental aspect of


international law that governs the conduct of states and non-state actors
in the international arena. It consists of unwritten rules and practices that
have evolved over time and are considered binding on all states and
practices, regardless of whether they have explicitly agreed to them
through treaties. CIL is based on state practice, opinion juris, and
general principles of law recognized by civilized countries.

Official Borders:

The official borders of Israel according to International Law are those


that the partition plan declared and not the ‘Green Line’, which merely
indicates the line of the ceasefire. On the dissolution of the League of
Nations in 1946, its mandate responsibilities were transferred to the
United Nations, founded in the previous year. As in the case of
Trusteeship, the mandated territory remains intact following the
replacement of the League of Nations and the subsequent withdrawal of
the mandatory power. The administration ends only when the goals fixed
by the mandate have been achieved, that is when the people of Palestine
are considered competent to govern themselves. Consequently, the
withdrawal of Great Britain from Palestine meant that the mandate of
Palestine was, de facto, once more entrusted to the UN, or more
precisely, the UN General Assembly (UNGA), which had adopted the
Partition Plan for Palestine, in its resolution 18110 .

Jus Ad Bellum:

Jus ad Bellum refers to the conditions under which states may resort to
war or use of armed forces.

a) Just cause
b) Last resort
c) Reasonable hope
d) End proportional to means used
e) Legitimate authority
f) Right intention

Israel's rationale for the declaration of war finds its foundation in the
principle of self-defense, as delineated in Article 51 of the United
Nations Charter, and further substantiated by the doctrine of
Responsibility to Protect. The Israeli government contends that its
military endeavors are aimed at neutralizing Hamas militants, who have
consistently perpetrated rocket attacks within Israeli borders and targeted
civilians. Such actions are deemed imperative by Israeli authorities to
forestall further violence and safeguard the welfare of civilians within
their jurisdiction.

Jus In Bello:

Jus in Bello refers to the laws to be followed during war


a) Distinction/ Discrimination
b) Proportionality
Jus in Bello regulates the conduct of parties engaged in an armed
conflict. International Humanitarian Law (IHL) is synonymous with Jus
in bello in the sense that it seeks to minimize suffering in armed
conflicts, notably by protecting and assisting all victims of armed
conflicts to the greatest extent possible.
IHL applies to the belligerent parties irrespective of the reasons for the
conflict or the justness of the causes for which they are fighting. If it
were otherwise, implementing the law would be impossible since every
party would claim to be a victim of aggression.
Moreover, IHL is intended to protect victims of armed conflicts
regardless of party affiliation. This is why Jus in Bello must remain
independent of Jus Ad Bellum.
It is equally applicable to all wars like conflicts in Africa, Ukraine, and
Israel-Hamas. While Israel has the right to retaliate in self-defense, its
response should have the right intention, be proportionate, and employ
the principle of distinction between combatants and civilians to not
further destabilize the region.
However, sadly, as we have seen and heard with this operation ‘Iron
Sword,’ it has commenced with a revenge mentality targeted at the Gaza
Strip, home to 2.2 million Palestinians, many of whom are civilians and
not Hamas. In addition to the blockade of necessities in the Strip,
humanitarian aid to the area has also been denied.
To make matters worse, the IDF also initiated the most powerful
bombing campaign into the Strip in the 75-year Israeli-Palestinian
conflict. Again, Israel has every right to retaliate to what many have
deemed as illegal terrorist attacks by Hamas on Israel since it was aimed
at civilian populations. However, Israel’s responses have been highly
disproportionate, which in turn is creating a humanitarian crisis, and it
also seems that the IDF does not distinguish between Hamas and
Palestinian civilians.
Since ‘Iron Sword’ has commenced, Gaza authorities say at least 3,478
Palestinians have been killed and 12,000 have been wounded. So, it
seems as though Israel, in its efforts to retaliate against Hamas, has not
considered IHL.

Geneva Convention III:

● The Third Geneva Convention, relative to the treatment of


prisoners of war, is the third of the four treaties of the Geneva
Conventions. The Geneva Convention relative to the Treatment of
Prisoners of War was first adopted in 1929, but significantly
revised at the 1949 conference. It defines humanitarian protections
for prisoners of war. There are 196 state parties to the Convention.
● The main purpose of this convention is to ensure humane treatment
for all prisoners of war, regardless of their affiliation.

Geneva conventions III:


https://www.un.org/en/genocideprevention/documents/atrocity-cri
mes/Doc.32_GC-III-EN.pdf

Geneva Convention IV:

● The Fourth Geneva Convention is one of the four treaties that


make up the Geneva Conventions, which were adopted in 1949 to
protect individuals who are not or are no longer participating in
hostilities during armed conflicts. The Fourth Geneva Convention
specifically deals with the protection of civilians in times of war,
including international and non-international armed conflicts.

Key protections provided by the Fourth Geneva Convention include:


● Humane treatment: Civilians must be treated with humanity and
respect for their dignity. Any form of violence or intimidation
against them is strictly prohibited.
● Non-discrimination: The convention prohibits any adverse
distinction or treatment based on race, religion, nationality, or any
other criteria.
● Protection of civilian properties: Civilian properties, such as
homes, schools, and hospitals, must not be subjected to destruction
or confiscation, except when absolutely necessary for military
operations.
Geneva conventions IV
https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.33_GC
-IV-EN.pdf

Montevideo Convention:

● The Montevideo Convention on the Rights and Duties of States is


a treaty signed at Montevideo, Uruguay, on December 26, 1933.
It's one of the key documents in international law that outlines the
criteria for statehood. According to the convention, a state should
possess a permanent population, a defined territory, a government,
and the capacity to enter into relations with other states. It's
significant because it provides a framework for understanding the
concept of statehood and has influenced international law and
diplomacy since its adoption.

The Oslo Accords:

● On September 13, 1993, Israeli Prime Minister Yitzhak Rabin and


Palestine Liberation Organization (PLO) Negotiator Mahmoud
Abbas signed a Declaration of Principles on Interim
Self-Government Arrangements, commonly referred to as the
“Oslo Accord,” at the White House. Israel accepted the PLO as the
representative of the Palestinians, and the PLO renounced
terrorism and recognized Israel’s right to exist in peace.
● These Accords were a series of agreements that endorsed a
five-year interim self-rule for a Palestinian authority to be executed
in two stages: first in Gaza and the city of Jericho and then, after
an election, throughout the remaining areas under Israeli military
rule. Talks on final status were to begin after three years, with a
two-year deadline for an agreement to be reached. Issues such as
borders, the return of refugees, the status of Jerusalem, and Jewish
settlements in the occupied territories were reserved for final status
talks. The PLO recognized Israel’s right to exist, renounced
terrorism, and agreed to change the portions of its charter that
called for Israel’s destruction. Israel recognized the PLO as the
sole representative of the Palestinian people.

Oslo accords
https://peacemaker.un.org/sites/peacemaker.un.org/files/IL%20PS_930913_Declar
ationPrinciplesnterimSelf-Government%28Oslo%20Accords%29.pdf
Balfour Declarations:

● The British government decided to endorse the establishment of a


Jewish home in Palestine. After the discussions within the cabinet
and consultations with Jewish leaders, the decision was made
public in a letter from British Foreign Secretary Lord Arthus James
Balfour to Lord Walter Rothschild. The contents of the latter
became known as the Balfour Declaration. It essentially stated the
establishment of a national home for the Jewish population and
further clarified the treatment of Non-Jewish people in the
Palestinian territory.
Balfour Declaration:
https://www.files.ethz.ch/isn/125415/8008_Balfour_Declaration.pdf

Abraham Accords:

● On September 15, 2020, leaders across the Middle East signed the
Abraham Accords. This landmark agreement normalized
diplomatic relations between Israel and the United Arab Emirates
and Bahrain, then later a renewal in ties with Morocco. The
Accords emphasized. The Accords emphasize the importance of
maintaining and strengthening peace in the Middle East and
around the world, based on mutual respect for human dignity,
freedom, and religious freedom. The encouraged efforts to promote
interfaith and intercultural dialogue to advance a culture of peace
among the three Abrahamic religions.

Abraham accords
https://www.state.gov/wp-content/uploads/2020/09/UAE_Israel-treaty-signed-FIN
AL-15-Sept-2020-508.pdf

Camp David Accords:

● The Camp David Accords, signed by President Jimmy Carter,


Egyptian President Anwar Sadat, and Israeli Prime Minister
Menachem Begin in September 1978, established a framework for
a historic peace treaty concluded between Israel and Egypt in
March 1979. Jimmy Carter is mainly known to the world as the
architect of the Camp David Accords that was made in 1979
between two nations that have been fighting since 1948: Israel and
Egypt. People around the world respected his great efforts in
making peace, however many people hated how unorganized his
policy was since it created more conflicts rather than peace.
● The accords were a must and one of the most beneficial accords for
both the United States of America and Israel after October 1973,
when Egypt and Syria launched a surprise attack on Israel in an
effort to regain the Sinai territory that was lost during the 1967
war. This war was the Catalyst of Camp David.
● The main issue with the accords was that there was no peace to be
created when everyone wanted different things. On one hand, the
Israelis asked for maximum normalization and the Egyptians
wanted minimum normalization; the Israelis wanted minimum
militarization in the Sinai territory and the Egyptians wanted
maximum militarization in the Sinai and so on. However, one of
the key aspects that the Egyptians and Carter cared about a lot was
the Palestinian self determination. In this Carter pretty much
compromised his position on the Palestinian rights to make the
peace treaty work for Israel and Egypt so that the United States
wouldn’t lose its strong position around the globe.

Camp David accords


https://www.peaceau.org/uploads/camp-david-accords-egypt-1978.pdf

Convention on the Prevention and Punishment of the Crime of


Genocide:

● The Convention on the Prevention and Punishment of the Crime


of Genocide (CPPCG), or the Genocide Convention, is an
international treaty that criminalizes genocide and obligates state
parties to pursue the enforcement of its prohibition. It was the first
legal instrument to codify genocide as a crime, and the first
human rights treaty unanimously adopted by the United Nations
General Assembly, on 9 December 1948, during the third session
of the United Nations General Assembly. The Convention entered
into force on 12 January 1951 and has 152 state parties as of 2022.
● The Convention defines genocide as any of five "acts committed
with intent to destroy, in whole or in part, a national, ethnical,
racial or religious group." These five acts include:-
○ Killing members of the group.
○ Causing them serious bodily or mental harm.
○ Imposing harsh living conditions intended to destroy the
group.
○ Preventing births.
○ Forcibly transferring children out of the group.
● Victims are targeted because of their real or perceived
membership of a group, not randomly. The convention further
criminalizes "complicity, attempt, or incitement of its
commission." Member states are prohibited from engaging in
genocide and obligated to pursue the enforcement of this
prohibition.
● All perpetrators are to be tried regardless of whether they are
private individuals, public officials, or political leaders with
sovereign immunity.
Convention on the Prevention and Punishment of the Crime of Genocide:
https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention
%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20
Genocide.pdf

South Africa vs. Israel, ICJ verdict :


● South Africa vs Israel is an interesting matter under international
law. The genocidal case against Israel opened at the International
Court of Justice at the Hague. South Africa is looking to prove that
Israel is committing genocide in Gaza and that Israel has specific
intent to commit genocide. It is using the litany of harsh statements
as part of the evidence in its case.
● With the ground offensive getting underway in late October, Prime
Minister Benjamin Netanyahu cited the Bible in a televised
address: “You must remember what Amalek has done to you.”
Amalekites were persecutors of the biblical Israelites, and a
biblical commandment says they must be destroyed.
● South Africa argued that the remarks showed Israel’s intent to
commit genocide against Palestinians. The case observes the
application of the Convention on the Prevention and Punishment of
the Crime of Genocide in the Gaza Strip with special reference to
article 1,2 and 3. Whether Israel’s actions can be controlled
strongly depends on the outcome of this case.

QARMA- Questions a resolution must answer

1. How can neighboring countries contribute to stability and peace in


the region and assist in the resolution of the Israel-Palestine conflict?

2. What role can international organizations like the United Nations, the
Arab League, and the European Union play in facilitating negotiations
and ensuring compliance with agreements?

3. How do you envision addressing the issue of security for both Israel
and Palestine while respecting the rights and aspirations of the
Palestinian people?
4. What measures can be taken to promote economic development and
improve living conditions for Palestinians in the West Bank and Gaza
Strip?

5. How can you encourage dialogue and cooperation between Israel


and Palestine, particularly when trust is low?

6. What are the main challenges and obstacles you face in pursuing a
two-state solution, and what can be done to overcome them?

7. Discussing the legal grounds of the construction of the Gaza wall.

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