Can the UN General Assembly Act to Stop Israel’s Latest Assault on the Palestinian People Before It Is Too Late?

United Nations General Assembly hall in New York City. Photo by Patrick Gruban via Wikimedia Commons. United Nations General Assembly hall in New York City. Photo by Patrick Gruban via Wikimedia Commons.

Can the UN General Assembly Act to Stop Israel’s Latest Assault on the Palestinian People Before It Is Too Late?

By : Ardi Imseis and Mandy Turner

On 12 May, the United States blocked the release of what otherwise would have been a unanimous statement of the UN Security Council criticizing the latest round of violence in Israel and occupied Palestine. This was followed by US rejection on Thursday of a request to urgently hold an open meeting of the Council the following day on the claim that such public measures would be “unhelpful” in de-escalating the situation. With Israel preparing to launch a ground invasion of the Gaza Strip while continuing to pummel it from land, sea and air, news emerged that the United States finally reversed course by agreeing to allow an open meeting of the Council – but only on Sunday 16 May. In addition to providing billions of dollars in annual military aid to Israel, it is clear that Washington is once again providing Israel with diplomatic cover and time for its latest aggression on the Palestinian people. 

In situations such as this, where the Security Council fails to discharge its mandate to maintain international peace and security, the General Assembly can invoke the “Uniting for Peace” resolution. This allows the Assembly to consider a situation immediately and issue recommendations to UN member states for collective measures, including a range of sanctions and the use of armed force if necessary. Although such recommendations are necessarily circumscribed by the Assembly’s limited power to bind member states, they can and have been very important in helping shape discourse on what the international community regards as legitimate. 

The escalating numbers of those being killed in the current violence are overwhelmingly Palestinian. Given the broader context that gave rise to this latest round of fighting, this is a crisis that begs for the General Assembly to invoke its authority for the maintenance of international peace and security immediately. 

The Uniting for Peace resolution 377(V) was passed in 1950 by the Assembly as an alternative avenue for the United Nations to act where “lack of unanimity of the permanent members” of the Council – Britain, China, France, Russia, and the United States – impedes it from exercising its “primary responsibility” for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression. This resolution was initially proposed by the United States because of repeated vetoes by the Soviet Union during the 1950-53 Korean War. 

The Uniting for Peace resolution has been invoked twelve times in UN history. For example, it was invoked in response to the 1956 Suez Crisis where two permanent members, Britain and France, together with Israel, invaded Egypt and blocked votes for a ceasefire and a UN peacekeeping mission. Likewise, it was relied upon in 1981 in support of the freedom of Namibia when Britain, France, and the United States vetoed resolutions condemning Apartheid South Africa’s prolonged illegal occupation of that country.

The situation of the Palestinian people has been the subject of two Uniting for Peace resolutions in the past. In 1980, a special session of the General Assembly passed eight resolutions following a request from Senegal calling for the unconditional and total withdrawal of Israel from the territories occupied in 1967. In 1997, General Assembly resolution ES-10/1 was passed upon a request from Qatar, which eventually facilitated the passage, inter alia, of resolution ES-10/14 in 2003 through which the Assembly sought an advisory opinion from the International Court of Justice in 2004 on the legality of Israel’s construction of its wall in occupied Palestine. Crucially, this emergency special session of the Assembly remains officially in session and could be reconvened. 

Over the past few weeks, Israel has escalated illegal policies and practices targeting the Palestinian people; these amount to threats to the peace, breaches of the peace, and acts of aggression sufficient to trigger Security Council action and, failing that, the Assembly’s uniting for peace authority. As one of us has recently written, these acts constitute: (1) Israel’s illegal annexation, de facto and de jure, of the occupied Palestinian territory (OPT); (2) Israel’s prolonged violation of the erga omnes right of the Palestinian people to self-determination in the whole of the OPT; and (3) Israel’s imposition of a regime of alien subjugation, domination, and exploitation inimical to humankind, specifically crimes against humanity of apartheid and persecution as recently affirmed by Human Rights Watch and Israel’s own B’Tselem.

In practical terms, these prolonged threats to the peace, breaches of the peace, and acts of aggression have imposed conditions of life on the Palestinian people designed to frustrate their full range of political, civil, economic, social, and cultural rights. The latest example of this—which triggered the present fighting—was when Israeli border and civilian police stormed the Haram al-Sharif and the Al-Aqsa mosque last week in an ostensible and brazen display of Israeli “sovereignty” over occupied East Jerusalem. Israeli forces used rubber bullets, tear gas, and smoke grenades against thousands of peaceful Muslim Palestinian worshippers, injuring and hospitalizing hundreds during the holy month of Ramadan. This was preceded by Israel’s violent eviction of Palestinians from their homes in Sheikh Jarrah in occupied East Jerusalem, itself a manifestation of Israel’s illegal settlement of some 750,000 of its nationals in the occupied territories since 1967. These Sheikh Jarrah Palestinians were ethnically cleansed from their original homes in 1948 in what is now Israel, and now they are at risk of losing their homes again to Israeli settlers with support of the Israeli courts, police, and lawmakers. In line with Israel’s apartheid regime, these Palestinians are barred by these same courts, police, and lawmakers from returning to their original homes in Israel.  

These actions in East Jerusalem, undergirded by decades of structural violence and violations of international law by Israel, ignited the indignation of Palestinians everywhere. Palestinian citizens protesting against Israel’s actions in Jerusalem have also experienced brutal policing tactics, showing that Israeli “citizenship” for non-Jews does not ensure protection from state repression. And it should come as no surprise that Palestinian paramilitary groups in Gaza, faced with Israeli breaches of the peace in occupied East Jerusalem, retaliated by launching rockets into Israel, resulting in Israel’s recent round of devastating and disproportionate bombardment. Fatalities so far stand at 136 Palestinians in Gaza and 11 in the West Bank, and eight Israelis. These numbers no doubt will rise over the coming days. The use of heavy artillery and tank fire from Israeli troops massing on the outskirts of Gaza, as well as the nightly bombing raids, are provoking painful memories of 2014 when Israel last launched a major ground offensive into this besieged and overcrowded enclave, now the subject of an investigation by the International Criminal Court

The Biden administration came into the White House affirming that its foreign policy will be based on values, including being rooted in the multilateral rules-based international order. But with the delay and diplomatic support the United States is providing Israel at this most pivotal time, the question remains whether other states within the United Nations can step in as an alternative to the blockage in the Security Council. As the morgues in Gaza continue to fill with Palestinians, immediate international action is imperative.

Setting New Precedents: Israel Boycotts Human Rights Session

The Universal Periodic Review (UPR) is a unique mechanism that intends to review the behavior of states without distinction. The UN General Assembly established it in 2006 as part of the functions of the Human Rights Council. It is a state-driven process to comprehensively assess a state`s compliance with human rights law. The Human Rights Council is to hold three two-week sessions each year during which time they review the files of sixteen member states. Accordingly each state will undergo the review every three years. As of 2011, all 193 UN member states had undergone a review.

The Human Rights Council conducted Israel`s UPR in 2009.  In response to the findings, Israel`s ambassador to the UN explained that it took the Review process "very seriously" because it is "an opportunity for genuine introspection, and frank discussion within the Israeli system" 

Israel`s second UPR is scheduled to take place in 2013. A coalition of Palestinian human rights organizations submitted their concise report on Israel`s violations between 2009 and 2012.  This document will not be read, however, because Israel is boycotting the UPR, citing bias.  In May 2012, Israel described the Human Rights Council as “a political tool and convenient platform, cynically used to advance certain political aims, to bash and demonize Israel.”

Israel`s condemnation of the Human Rights Council followed the body`s initiation of a fact-finding mission to investigate the impact of settlements in the Occupied Palestinian Territory. Today, the Council released its report at a press conference in Geneva. It states that Isreal must cease all of its settlement activity  "without preconditions" and  "must immediately initiate a process of withdrawal of all settlers", or face prosecution before the International Criminal Court. Sources in Geneva tell me that Israel`s threats of boycott aimed to derail the Council`s fact-finding mission`s report. Failing to do that, Israel unilaterally withdrew from its Universal Periodic Review all together.

This is not Israel`s first attack on the UN. It has cited bias in the past in response to the UN`s critique of its human rights violations, specifically after the World Conference Against Racism (2001); the International Court of Justice proceedings on the route of the Separation Barrier (2004); denial of entry to Special Rapporteur to the OPT, Richard Falk (2008); and its refusal to cooperate with the Human Rights Council`s fact-finding delegation to Gaza in the aftermath of Operation Cast Lead (2009). 

Israel is unique for its boycott, which evidences the tenuous nature of the voluntary compliance process. In fact, human rights advocates and governement officials worry that Israel will open the door to non-cooperation by other states. The battle for accountability continues even in the UN. Despite its acceptance of international law & human rights norms, even within the multilateral human rights body, the last word on human rights matters is political.