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UNSCR 242 - what does it say about the occupied territories?

November 24, 2016 23:00

You know the Israelis are in trouble when they start citing resolutions from the UN, a body they despise - sometimes for good reason.
So let's look at UN SCR 242, one of the most cited -- and misinterpreted -- resolutions on the Middle East Conflict.
Here is its opening gambit in all its UN-jargonese glory

Emphasising the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security;

Note the beginning of the first sentence:
Emphasising the inadmissibility of the acquisition of territory by war
It doesn't say except in a defensive war. It quite clearly and unconditionally stipulates that the acquisition of territory in time of war is inadmissible.
Israel acquired the West Bank -- as well as the Gaza Strip, East Jerusalem, the Sinai and the Golan -- through war. The West Bank is under Israeli military rule (with the exception of East Jerusalem, it has not been brought under Israeli civilian rule). While Israel might have handed over civilian control of some of the West Bank to the Palestinians, to all intents and purposes the entire area is under army rule. Even the settlements are subject to military laws, not civilian ones.
And just for clarification, 242 also stipulates that there should be a "just settlement of the refugee problem".
Here is the Resolution in its entirety - http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/240/94/IMG/NR024094....

The Security Council,

Expressing its continuing concern with the grave situation in the Middle East,

Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,

Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter,

1.Affirms that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:

(i)Withdrawal of Israel armed forces from territories occupied in the recent conflict;

(ii)Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;

2.Affirms further the necessity

(a)For guaranteeing freedom of navigation through international waterways in the area;

(b)For achieving a just settlement of the refugee problem;

(c)For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;

3.Requests the Secretary-General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;

4.Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.

November 24, 2016 23:00

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