🇵🇸 ANALYSIS🧵(1)
A draft resolution is reportedly being prepared by major powers at the UNSC proposing the deployment of an Intl. security force in #Gaza. If adopted under Chapter VII without a VETO from Russia or China, such a resolution would likely:
➡️ Enable Israel to REDEFINE the situation in Gaza as a “threat to international peace & security,” enabling Israel to RECHARACTERIZE its military operations in Gaza FROM GENOCIDE TO SELF-DEFENSE, and CONFLICT between a state and armed groups.
➡️ Enable Israel to INVOKE this resolution as supporting evidence in its COUNTER-MEMORIAL before the @CIJ_ICJ in SA v. Israel Genocide Case, for which Israel was granted multiple extensions, resulting in a total of nearly 16 months for the submission of its Counter-Memorial.
➡️ DELEGITIMIZE the Palestinian right to self-determination & CRIMINALIZE LAWFUL resistance under the pretext of maintaining peace and protecting Palestinian civilians from armed groups.
➡️ Extend a favor to Israel by labeling Hamas as a “terrorist” organization, thereby providing it with a retroactive pretext for its military operations in Gaza, supporting Israel’s counter-memorial before the ICJ. Hamas has never been designated as a “terrorist” org. under any intl. resolution that would provide Israel with a pretext to justify its (genocidal) military conduct in Gaza.
➡️ Override all prior UN resolutions that Israel has violated, thereby depriving them of their legal & political effects.
Legal Basis Likely to Be Invoked
🟥 Chapter VII -Action with Respect to Threats to the Peace, Breaches of the Peace, & Acts of Aggression:
* Authorizes the use of coercive force to maintain/restore intl. peace & security, without the consent of the host state. Labeling the ceasefire a “peace plan” & the military force a “security force” likely serves to align them with the legal terminology of Chapter VII.
* The draft will likely label Hamas as a “terrorist” group to justify the use of force under this chapter & to preclude further negotiation.
* The warning that “if Hamas refuses to disarm, it would constitute a breach of the peace agreement” is inconsistent with the fact that Hamas has never consented to disarmament at any stage of negotiations.
* Any resolution under this Chapter would likely enforce Israel’s will through violence, redefining political realities on the ground.
* The “peace plan” was endorsed by several Arab governments while bypassing the STATE of Palestine, as is now recognized by most of the international community.
* This bypass deprives any Palestinian government of the legal capacity to consent or reject the deployment of foreign forces and the establishment of a Gaza transitional administration, which can arguably be considered a violation of the principle of sovereign equality (Article 2(1) of the UN Charter).
❗️Using military force in Gaza after more than 24 months of genocide and 18 years of blockade would further aggravate an already catastrophic humanitarian situation, effectively ADDING INSULT to INJURY.
🟨 Chapter VI -Pacific Settlement of Disputes: Provides for peacekeeping operations based on consent, neutrality, and non-use of force except in self-defense.
It is highly unlikely that the draft will rely on Chapter VI, as its main objectives are the disarmament of Hamas by force and the creation of a foreign administrative council to exercise control over Gaza.
@CraigMokhiber @FranceskAlbs @alon_mizrahi @MouinRabbani @RamAbdu @susanabulhawa @ASE @AJEnglish @MustafaBarghou1 @dianabuttu @DanBilzerian @4noura @CraigMurrayOrg @RhondaGarad @DalrympleWill @DoubleDownNews @DropSiteNews @MiddleEastEye @georgegalloway @samhusseini @AnaKasparian @ArdiImseis @mikopeled @muhammadshehad2 @_ZachFoster @HassimAdila @DrHananAshrawi
🔴Public Attribution Note: The IPRs of this analysis belong to @JusticeIVGaza Would appreciate if this account is cited when referencing any part of it.Proper attribution reflects commitment to intellectual integrity🙏🏻
A draft resolution is reportedly being prepared by major powers at the UNSC proposing the deployment of an Intl. security force in #Gaza. If adopted under Chapter VII without a VETO from Russia or China, such a resolution would likely:
➡️ Enable Israel to REDEFINE the situation in Gaza as a “threat to international peace & security,” enabling Israel to RECHARACTERIZE its military operations in Gaza FROM GENOCIDE TO SELF-DEFENSE, and CONFLICT between a state and armed groups.
➡️ Enable Israel to INVOKE this resolution as supporting evidence in its COUNTER-MEMORIAL before the @CIJ_ICJ in SA v. Israel Genocide Case, for which Israel was granted multiple extensions, resulting in a total of nearly 16 months for the submission of its Counter-Memorial.
➡️ DELEGITIMIZE the Palestinian right to self-determination & CRIMINALIZE LAWFUL resistance under the pretext of maintaining peace and protecting Palestinian civilians from armed groups.
➡️ Extend a favor to Israel by labeling Hamas as a “terrorist” organization, thereby providing it with a retroactive pretext for its military operations in Gaza, supporting Israel’s counter-memorial before the ICJ. Hamas has never been designated as a “terrorist” org. under any intl. resolution that would provide Israel with a pretext to justify its (genocidal) military conduct in Gaza.
➡️ Override all prior UN resolutions that Israel has violated, thereby depriving them of their legal & political effects.
Legal Basis Likely to Be Invoked
🟥 Chapter VII -Action with Respect to Threats to the Peace, Breaches of the Peace, & Acts of Aggression:
* Authorizes the use of coercive force to maintain/restore intl. peace & security, without the consent of the host state. Labeling the ceasefire a “peace plan” & the military force a “security force” likely serves to align them with the legal terminology of Chapter VII.
* The draft will likely label Hamas as a “terrorist” group to justify the use of force under this chapter & to preclude further negotiation.
* The warning that “if Hamas refuses to disarm, it would constitute a breach of the peace agreement” is inconsistent with the fact that Hamas has never consented to disarmament at any stage of negotiations.
* Any resolution under this Chapter would likely enforce Israel’s will through violence, redefining political realities on the ground.
* The “peace plan” was endorsed by several Arab governments while bypassing the STATE of Palestine, as is now recognized by most of the international community.
* This bypass deprives any Palestinian government of the legal capacity to consent or reject the deployment of foreign forces and the establishment of a Gaza transitional administration, which can arguably be considered a violation of the principle of sovereign equality (Article 2(1) of the UN Charter).
❗️Using military force in Gaza after more than 24 months of genocide and 18 years of blockade would further aggravate an already catastrophic humanitarian situation, effectively ADDING INSULT to INJURY.
🟨 Chapter VI -Pacific Settlement of Disputes: Provides for peacekeeping operations based on consent, neutrality, and non-use of force except in self-defense.
It is highly unlikely that the draft will rely on Chapter VI, as its main objectives are the disarmament of Hamas by force and the creation of a foreign administrative council to exercise control over Gaza.
@CraigMokhiber @FranceskAlbs @alon_mizrahi @MouinRabbani @RamAbdu @susanabulhawa @ASE @AJEnglish @MustafaBarghou1 @dianabuttu @DanBilzerian @4noura @CraigMurrayOrg @RhondaGarad @DalrympleWill @DoubleDownNews @DropSiteNews @MiddleEastEye @georgegalloway @samhusseini @AnaKasparian @ArdiImseis @mikopeled @muhammadshehad2 @_ZachFoster @HassimAdila @DrHananAshrawi
🔴Public Attribution Note: The IPRs of this analysis belong to @JusticeIVGaza Would appreciate if this account is cited when referencing any part of it.Proper attribution reflects commitment to intellectual integrity🙏🏻
🇵🇸 🛑 What Could Be Done (2)
1️⃣ Formal Rejection by the State of Palestine (as recently recognized):
The @Palestine_UN should formally transmit to the President of the UNSC Palestine’s categorical rejection of any proposed deployment of international or multinational security forces in the Gaza Strip without the explicit consent of the State of Palestine.
The communication should further confirm that Palestinian factions have reached consensus on the establishment of a Palestinian technocratic committee mandated to administer Gaza’s civil and military affairs, thereby reaffirming Palestinian self-determination and the principle of sovereign equality
2️⃣ Role of Algeria @AlgeriaUN as a current non-permanent member of the UNSC:
🅰️ Mobilize diplomatic coordination to secure a veto (not abstention), if necessary, against any draft resolution introduced under Chapter VII that seeks to impose by use of force elements of the“peace plan” not expressly agreed upon by the Palestinians in Gaza, or that would undermine the principles of self-determination.
🅱️ Ensure that no resolution should contain language that criminalizes Palestinian resistance (self-determination) or attempts to distort or rewrite the factual realities on the ground.
(C) Ensure that any resolution, by contrast, calls upon Israel to comply with its obligations under international law, in particular to facilitate the unimpeded delivery of humanitarian assistance to Gaza, to comply with a permanent ceasefire, to cease all acts of genocide, and to withdraw its military forces from the Gaza Strip.
#Gaza #Palestine
@pmofa
1️⃣ Formal Rejection by the State of Palestine (as recently recognized):
The @Palestine_UN should formally transmit to the President of the UNSC Palestine’s categorical rejection of any proposed deployment of international or multinational security forces in the Gaza Strip without the explicit consent of the State of Palestine.
The communication should further confirm that Palestinian factions have reached consensus on the establishment of a Palestinian technocratic committee mandated to administer Gaza’s civil and military affairs, thereby reaffirming Palestinian self-determination and the principle of sovereign equality
2️⃣ Role of Algeria @AlgeriaUN as a current non-permanent member of the UNSC:
🅰️ Mobilize diplomatic coordination to secure a veto (not abstention), if necessary, against any draft resolution introduced under Chapter VII that seeks to impose by use of force elements of the“peace plan” not expressly agreed upon by the Palestinians in Gaza, or that would undermine the principles of self-determination.
🅱️ Ensure that no resolution should contain language that criminalizes Palestinian resistance (self-determination) or attempts to distort or rewrite the factual realities on the ground.
(C) Ensure that any resolution, by contrast, calls upon Israel to comply with its obligations under international law, in particular to facilitate the unimpeded delivery of humanitarian assistance to Gaza, to comply with a permanent ceasefire, to cease all acts of genocide, and to withdraw its military forces from the Gaza Strip.
#Gaza #Palestine
@pmofa
@Palestine_UN Unenroll please @threadreaderapp
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