On
Friday 22 December 2023 the fifteen nation members of the U.N.
Security Council voted 13 to 0
- with Russia and the United States of America abstaining from the
vote - to adopt the following resolution demanding
that all parties comply with their obligations under international
law, notably with regard to the protection
of civilians, calling for urgent and extended humanitarian pauses and
corridors throughout the Gaza Strip for a sufficient number of days
to enable full, rapid, safe, and unhindered humanitarian access and
to enable urgent rescue and recovery efforts, also calling for the
immediate and unconditional release of all hostages, as well as
ensuring immediate humanitarian access.
The
resolution also reconfirmed support for the right to sovereignty and
self-determination of the Palestinian people and, for the 'two state
solution'
NOTE:
Although not a
current member of the Security
Council, Australia had shown its support for a humanitarian pause
in Israels war on Gaza as a step towards a permanent ceasefire by
voting for Resolution A/ES-10/l.27 (adopted 153 votes to 10) in the
U.N. General Assembly on 12 December 2023.
Security Council resolution 2720 (2023)
The
Security Council,
Reaffirming
the purposes and principles of the Charter of the United Nations,
Recalling
all of its relevant resolutions, particularly resolution 2712 (2023),
which, inter alia, demands that all parties comply with their
obligations under international law, notably with regard to the
protection of civilians, calls for urgent and extended humanitarian
pauses and corridors throughout the Gaza Strip for a sufficient
number of days to enable full, rapid, safe, and unhindered
humanitarian access and to enable urgent rescue and recovery efforts,
and calls for the immediate and unconditional release of all
hostages, as well as ensuring immediate humanitarian access,
Reaffirming
that all parties to conflicts must adhere to their obligations under
international law, including international humanitarian law and
international human rights law, as applicable,
Stressing
that the Gaza Strip constitutes an integral part of the territory
occupied in 1967, and reiterating the vision of the two-State
solution, with the Gaza Strip as part of the Palestinian State,
Expressing
deep concern at the dire and rapidly deteriorating humanitarian
situation in the Gaza Strip and its grave impact on the civilian
population, underlining the urgent need for full, rapid, safe, and
unhindered humanitarian access into and throughout the entire Gaza
Strip, and taking note of the concerning reports from the leadership
of the United Nations and humanitarian organizations in this regard,
reaffirming its strong concern for the disproportionate effect
that the conflict is having on the lives and well-being of children,
women, and other civilians in vulnerable situations, and stressing
the humanitarian principles of humanity, impartiality, neutrality,
and independence,
Stressing
the obligation to respect and protect humanitarian relief and medical
personnel,
Reaffirming
its call for all parties to refrain from depriving the civilian
population in the Gaza Strip of basic services and humanitarian
assistance indispensable to their survival, consistent with
international humanitarian law,
Commending
the indispensable and ongoing efforts of the United Nations, its
specialized agencies and all humanitarian and medical personnel in
the Gaza Strip to alleviate the impact of the conflict on the people
in the Gaza Strip, and expressing condolences for all
civilians, including humanitarian and medical personnel, killed in
the course of this conflict,
Welcoming
the efforts of Egypt to facilitate the use of the Rafah Border
crossing by United Nations humanitarian agencies and their
implementing partners for the provision of humanitarian assistance
for people in need throughout the Gaza Strip,
Taking
note of the 15 December 2023 decision by the Government of Israel
to open its crossing at Karem Abu Salem / Kerem Shalom for direct
delivery of humanitarian assistance to Palestinian civilians in Gaza,
which should ease congestion and help facilitate the provision of
life-saving assistance to those who urgently need it, and emphasizing
the need to continue working closely with all relevant parties to
expand the delivery and distribution of humanitarian assistance,
while confirming its humanitarian nature and ensuring that it reaches
its civilian destination,
Encouraging
engagement with relevant states in the implementation of this
resolution,
Welcoming
the implementation of a recent ‘humanitarian pause’ in the Gaza
Strip, and expressing appreciation for the diplomatic efforts
of Egypt, the State of Qatar, and other states in this regard, and
also expressing grave concerns as to the impact the resumption of
hostilities has had on civilians,
Recognizing
that the civilian population in the Gaza Strip must have access to
sufficient quantities of assistance that they need, including enough
food, water, sanitation, electricity, telecommunications and medical
services essential for their survival, and that the provision of
humanitarian supplies in the Gaza Strip needs to be sufficient to
alleviate the massive humanitarian needs of the Palestinian civilian
population throughout the Gaza Strip, and recognizing the
importance of resuming commercial imports of essential goods and
services into the Gaza Strip,
Welcoming
financial contributions and pledges by member states in support of
the civilian population in Gaza, and taking note of the International
Humanitarian Conference for the Civilian Population of Gaza held in
Paris on 9 November 2023 and its follow-up meeting on 6 December
2023,
1.
Reiterates its demand that all parties to the conflict comply
with their obligations under international law, including
international humanitarian law, including with regard to the conduct
of hostilities and the protection of civilians and civilian objects,
humanitarian access, and the protection of humanitarian personnel and
their freedom of movement, and the duty, as applicable, of ensuring
the food and medical supplies, among others, of the population,
recalls that civilian and humanitarian facilities, including
hospitals, medical facilities, schools, places of worship, and
facilities of the UN, as well as humanitarian personnel, and medical
personnel, and their means of transport, must be respected and
protected, according to international humanitarian law, and affirms
that nothing in this resolution absolves the parties of these
obligations;
2.
Reaffirms the obligations of the parties to the conflict under
international humanitarian law regarding the provision of
humanitarian assistance, demands that they allow, facilitate
and enable the immediate, safe and unhindered delivery of
humanitarian assistance at scale directly to the Palestinian civilian
population throughout the Gaza Strip, and in this regard calls
for urgent steps to immediately allow safe, unhindered, and expanded
humanitarian access and to create the conditions for a sustainable
cessation of hostilities;
3.
Demands that the parties to the conflict allow and facilitate
the use of all available routes to and throughout the entire Gaza
Strip, including border crossings, including full and prompt
implementation of the announced opening of the Karem Abu Salem /
Kerem Shalom Border Crossing, for the provision of humanitarian
assistance in order to ensure that humanitarian personnel and
humanitarian assistance, including fuel, food, and medical supplies
and emergency shelter assistance, reaches the civilian population in
need throughout the Gaza Strip without diversion and through the most
direct routes, as well as for material and equipment to repair and
ensure the functioning of critical infrastructure and to provide
essential services, without prejudice to the obligations of the
parties to the conflict under international humanitarian law, and
stresses the importance of respecting and protecting border crossings
and maritime infrastructure used for the delivery of humanitarian
assistance at scale;
4.
Requests the Secretary-General, with the objective of
expediting the delivery of humanitarian assistance to the civilian
population in the Gaza Strip, to appoint a Senior Humanitarian and
Reconstruction Coordinator with responsibility for facilitating,
coordinating, monitoring, and verifying in Gaza, as appropriate, the
humanitarian nature of all humanitarian relief consignments to Gaza
provided through states which are not party to the conflict, and
further requests that the Coordinator expeditiously establish
a UN mechanism for accelerating the provision of humanitarian relief
consignments to Gaza through states which are not party to the
conflict, consulting all relevant parties, with the goal of
expediting, streamlining, and accelerating the process of providing
assistance while continuing to help ensure that aid reaches its
civilian destination, and demands that the parties to the
conflict cooperate with the Coordinator to fulfill their mandate
without delay or obstruction;
5.
Requests that the Coordinator be appointed expeditiously;
6.
Determines that the Coordinator will have the necessary
personnel and equipment in Gaza, under the authority of the United
Nations, to perform these, and other functions as determined by the
Security Council, and requests that the Coordinator report to the
Security Council on its work, with an initial report within 20 days
and thereafter every 90 days through 30 September 2024;
7.
Demands the immediate and unconditional release of all
hostages, as well as ensuring humanitarian access to address medical
needs of all hostages;
8.
Demands the provision of fuel to Gaza at levels that will meet
requisite humanitarian needs;
9.
Calls for all parties to adhere to international humanitarian
law and in this regard deplores all attacks against civilians and
civilian objects, as well as all violence and hostilities against
civilians, and all acts of terrorism;
10.
Reaffirms the obligations of all parties under international
humanitarian law, including with regard to respecting and protecting
civilians and taking constant care to spare civilian objects,
including such objects critical to the delivery of essential services
to the civilian population, and with regard to refraining from
attacking, destroying, removing or rendering useless objects that are
indispensable to the survival of the civilian population, as well as
respecting and protecting humanitarian personnel and consignments
used for humanitarian relief operations;
11.
Reaffirms that civilian objects, including places of refuge,
including within United Nations facilities and their surroundings,
are protected under international humanitarian law, and rejects
forced displacement of the civilian population, including children,
in violation of international law, including international
humanitarian law and international human rights law;
12.
Reiterates its unwavering commitment to the vision of the
two-State solution where two democratic States, Israel and Palestine,
live side by side in peace within secure and recognized borders,
consistent with international law and relevant UN resolutions, and in
this regard stresses the importance of unifying the Gaza Strip
with the West Bank under the Palestinian Authority;
13.
Demands that all parties to the conflict take all appropriate
steps to ensure the safety and security of United Nations and
associated personnel, those of its specialized agencies, and all
other personnel engaged in humanitarian relief activities consistent
with international humanitarian law, without prejudice to their
freedom of movement and access, stresses the need not to
hinder these efforts, and recalls that humanitarian relief personnel
must be respected and protected;
14.
Demands implementation of resolution 2712 (2023) in full,
requests the Secretary-General to report to the Security
Council in writing within five working days of the adoption of this
resolution on the implementation of resolution 2712 (2023), and
thereafter as necessary, and calls upon all parties concerned
to make full use of the humanitarian notification and deconfliction
mechanisms in place to protect all humanitarian sites, including UN
facilities, and to help facilitate the movement of aid convoys,
without prejudice to the obligations of the parties to uphold
international humanitarian law;
15.
Requests the Secretary-General to report on the implementation
of this resolution in the regular reporting to the Council;
16.
Decides to remain actively seized of the matter.
TheTimes of Israel,
22 December 2023, excerpts:
Friday’s
vote came after days of intense negotiations and delays required to
get the US on board with the initiative. United Arab Emirates
Ambassador to the UN Lana Nusseibeh acknowledged that the resolution
wasn’t ideal as far as Abu Dhabi is concerned, given that it
believes that only an immediate ceasefire will help ensure the surge
in humanitarian aid that the initiative seeks.....
Security
Council resolutions are legally binding, but in practice, many
parties choose to ignore the council’s requests for action.....
Friday’s
resolution also requests the appointment of a UN humanitarian
coordinator to oversee and verify third-country aid to Gaza......
The
adopted resolution states that aid would be managed in consultation
with “all relevant parties” — meaning Israel will retain
operational oversight of aid deliveries.....
Israel
has argued that the limited amount of aid entering Gaza has been the
fault of UN facilitators, stressing that it has inspected three times
the amount of aid than has been entering Gaza. UN Secretary-General
Antonio Guterres insisted in a Friday statement on the vote that
Israel’s offensive was the “real problem… creating massive
obstacles” to aid shipments, as he reiterated his call for an
immediate humanitarian cease-fire.
Reuters, 21 December 2023:
CAIRO/GAZA/JERUSALEM,
Dec 21 (Reuters) - Fighting in the Gaza Strip escalated on Thursday
with some of the most intense Israeli bombardment of the war...
Israeli
bombing was at its most intense over northern Gaza, where orange
flashes of explosions could be seen from across the fence in Israel
in the morning hours. Later, Israeli planes roared over central and
southern areas, dropping bombs that sent up plumes of smoke,
residents said.
In
Israel's commercial capital Tel Aviv, sirens wailed and rockets
exploded overhead, intercepted by Israeli defences. Shrapnel fell on
a school but the children were in shelters and there were no reported
casualties, Israel's Ynet news site said.
