Thread by @EpshtainItay

Yesterday I followed the UN Security Council's open debate on the question of Palestine, ably presided over by @NorwayMFA @AHuitfeldt and @NorwayUN @mona_juul and elevated to the level of foreign ministers, as deserving of the political impasse underlining this conflict.

The protracted character of Israeli occupation, the numerous - and well-documented - breaches of international law, and the humanitarian plight it necessarily creates was clearly reflected in the @UNSCO_MEPP @TWennesland briefing, and in Council members statements.

Likewise, 'Lex Lata', international law as it exists, was clearly stated, notably by @Palestine_UN and @franceonu, @irishmissionun, and @EstoniaUN joint statement. But the law as is, including Security Council resolutions, is insufficient in resolving the question of Palestine.

What we urgently need is 'Lex Ferenda', what international law should be to end the Israeli occupation of Palestinian territory and secure the emancipation of the Palestinian people.

As the meeting continued, my mind wandered to Alabama, not the State but the seminal case of international arbitration which launched a movement to codify public international law with hopes for finding peaceful solutions to international disputes.

The arbitration of the Alabama claims was a precursor to the Hague Convention, the League of Nations, the World Court, and the United Nations. What we need is a present-day 'Alabama' in which the international arbitrates the Israeli-Palestinian conflict.

In the words of UN Special Rapporteur Prof. @MichaelLynk5, "because of the vast asymmetry in power between Israel and the Palestinians, active international intervention is indispensable." justsecurity.org/79777/the-inte…

The rules-based framework for peace and self-determination could be imposed through measures of accountability attached to the offending party. Equally important is for the international community as a whole to move from the - unfortunately futile - call for resumed negotiations

to an active international arbitration, binding the parties to procedure, and offering a detailed award. @USUN @UKUN_NewYork were pioneers in the use of arbitration to resolve their differences. Can they give Israel and Palestine their 'Alabama' to ensure just and lasting peace?

An arbitral award is a determination on the merits by an arbitration tribunal, and is "politically analogous" to a judgment in a court of law. It could address all ‘permanent status' issues, inter alia: Jerusalem, refugees, settlements, security arrangements, and borders.