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A new approach to the Israeli-Palestinian conflict is needed, grounded in international law

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Photo by Lev Radin/Pacific Press/LightRocket via Getty Images
On 19 September 2024, Helen Clark addressed the UN Security Council on the situation in Palestine and the wider Middle East, calling for a new approach by the international community to tackle the root causes of the Israeli-Palestinian conflict and uphold international law. Read her remarks in full:
 

Madam Chair, Excellencies, Distinguished Members of the Security Council,

It is an honour to speak to you today as a member of The Elders.  Resolution of the Israeli-Palestinian conflict has been a priority for our group since its founding by Nelson Mandela in 2007.

The implementation of UN Security Council Resolution 2334 is acutely relevant to the current devastating phase of the conflict, and to any chance of securing a fair and durable two-state solution in line with international law.

But its failure so far also poses an existential question: can the Security Council enforce its own resolutions. This is surely crucial to its credibility.

The Elders unequivocally condemn the 7 October terrorist attacks and the holding of hostages by Hamas, which have caused deep trauma for the Israeli people.

We also unequivocally condemn Israel’s disproportionate military response, including its bombardment, siege, and blockade of Gaza. This amounts to collective punishment and is causing great suffering and trauma to the Palestinian people.

The Security Council has a responsibility to chart a path towards a sustainable peace. A full, immediate, and complete ceasefire in Gaza is an indispensable step. It is deeply disturbing that Security Council Resolution 2735 calling for this remains unimplemented.

It is clear that unless and until the root causes of the conflict are addressed, violence will persist and escalate.

The conflict management approach pursued by powerful members of the international community has failed.

A new approach is needed, grounded in international law, including the enforcement of this Council’s resolutions.

Council members who question the binding status of these resolutions, or who use their veto to protect an ally or to oppose a geo-political rival, are eroding the Council’s authority. They also undermine their own reputations and long-term interests. 

All Member States are also bound to respect and comply with decisions of the International Court of Justice. This includes the Provisional Measures ordered to protect Palestinians in Gaza. The ICJ’s recent Advisory Opinion, while non-binding, is an authoritative, landmark ruling. It concludes that Israel’s presence in the Occupied Palestinian Territory is unlawful and must end as rapidly as possible.  This obligation does not depend on achieving a successful outcome to peace negotiations.

The General Assembly and Security Council should give effect to the Advisory Opinion by passing resolutions endorsing it and setting out what action is required by Israel, other Member States, and the UN to bring an end to the occupation. The Elders welcome the passing of the General Assembly Resolution on this issue yesterday.  How will the Security Council respond to the Advisory Opinion?

Security Council Resolution 2334 reaffirmed the illegality of settlements. Yet settlement expansion in the West Bank and East Jerusalem continues to accelerate while attention is focused on Gaza.  More decisive Member State action is needed.

All Member States must distinguish between Israel and the Occupied Palestinian Territory in all forms of co-operation, and cease any assistance to or trade with illegal settlements.

Targeted measures should be applied against state and non-state entities and individuals responsible for maintaining and expanding illegal settlements. Steps have already been taken, including by the USA and the EU, to sanction settlers for attacks on Palestinian civilians. But sanctions should also target financial flows to entities which are funding and constructing illegal settlements, and those in the Government of Israel who are pursuing annexation.   

This Council must respect the process of criminal accountability through the International Criminal Court, including the ICC Prosecutor’s request for arrest warrants in response to alleged atrocity crimes by Hamas and the Government of Israel.

Member States seeking to undermine the ICC are damaging the international rule of law. They are undermining accountability in other contexts, including in the context of Russia’s illegal war on Ukraine. This must stop.

There will be no security for Palestinians or Israelis if the war in Gaza is followed by a continuation of unlawful occupation and annexation. But without a decisive change of direction, this seems likely. 

The Elders propose a set of guiding principles to underpin a pathway towards sustainable peace, based on self-determination, sovereignty, and mutual security for both peoples.

First, full UN membership and recognition of the State of Palestine should be supported by all Council members and other states now. Statehood is not dependent on peace negotiations. Strengthening the Palestinian Authority remains crucial, but statehood should not have to wait for governance reforms.

Second, normalisation of relations between Israel and Arab states is essential for Israel’s long-term security, and for regional stability and prosperity. But full normalisation must be conditional on Israel ending the occupation permanently, and supporting the implementation of a two-state solution.

Third, the security of Palestinians and Israelis must be given equal weighting. There can be no sovereign State of Palestine with continued Israeli security control over the Palestinian people. Israel’s security concerns do not justify unlawful occupation or annexation.  

Fourth, the goal of a single, unified government overseeing Gaza, the West Bank and East Jerusalem should be supported by all Palestinian factions, including Hamas, and by the entire international community.  Sustainable peace will require reconciliation under the umbrella of a revitalised Palestine Liberation Organization, based on adherence to international law.  Violence against civilians by Hamas and other Palestinian armed groups must end. 

All of this requires bold, principled leadership, and the political will to break with the failed policies of the past.  All forms of leverage should be applied, including the suspension of arms transfers in response to continued violations of international law.

Only by implementing international legal obligations, ensuring accountability and ending impunity can a path to end this conflict be created once and for all.  Thank you.

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