Israel is a Rogue State which is Violating Over 30 UN Security Council Resolutions
By David Morrison
Israel is a rogue state. It is violating over 30 UN Security
Council resolutions, dating back to 1968, resolutions that require
action by Israel and Israel alone [1].
That very important fact is entirely absent from reporting on
Palestine by the British and Irish media. If any other state in this
world were guilty of such persistent refusal to obey the will of the
“international community”, it would be subject to continuous threats
of economic and/or military sanctions by the US and the EU – and we
would never hear the end of it from the British and Irish media.
The Security Council resolutions being violated by Israel are listed
in the Appendix below. For a correspondence with the Israeli Embassy
in London on these violations see [2].
Four of the resolutions being violated by Israel are very
significant: if Israel chose to take the action demanded in them,
the political landscape in Palestine would be transformed. These
are:
(1) Resolution 252
This resolution, passed on 21 May 1968, demands that Israel reverse
its annexation of East Jerusalem. It states:
[The Security Council]
2. Considers that all legislative and administrative measures and
actions taken by Israel, including expropriation of land and
properties thereon, which tend to change the legal status of
Jerusalem are invalid and cannot change that status;
3. Urgently calls upon Israel to rescind all such measures already
taken and to desist forthwith from taking any further action which
tends to change the status of Jerusalem;
Israel’s failure to comply with this resolution prompted further
resolutions – 267 on 3 July 1969, 271 on 15 September 1969 and 298
on 25 September 1971 – demanding the reversal of its annexation of
East Jerusalem.
(2) Resolution 446
This resolution, passed on 22 March 1979, demands that Israel cease
building Jewish settlements in the territories it has occupied since
1967, including in Jerusalem, and that it remove those it has built.
It says:
[The Security Council]
Calls once more upon Israel, as the occupying Power, to abide
scrupulously by the 1949 Fourth Geneva Convention, to rescind its
previous measures and to desist from taking any action which would
result in changing the legal status and geographical nature and
materially affecting the demographic composition of the Arab
territories occupied since 1967, including Jerusalem, and, in
particular, not to transfer parts of its own civilian population
into the occupied Arab territories;
The Fourth Geneva Convention (on the Protection of Civilians Persons
in Time of War) bans the planting of settlers on territory captured
in war. Article 49, paragraph 6, of the Convention says:
“The Occupying Power shall not deport or transfer parts of its own
civilian population into the territory it occupies.”
Israel’s failure to comply with this resolution prompted further
resolutions – 452 on 20 July 1979 and 465 on 1 March 1980 –
demanding that Israel cease colonising the territories it occupied
in 1967.
(3) Resolution 487
This resolution, passed on 19 June 1981, was prompted by the Israeli
air attack on the Osirak nuclear reactor at the Al Tuwaitha Nuclear
Center near Baghdad on 7 June 1981. The resolution “strongly”
condemned “the military attack by Israel in clear violation of the
Charter of the United Nations” and says that “Iraq is entitled to
appropriate redress for the destruction it has suffered,
responsibility for which has been acknowledged by Israel”.
Crucially, in paragraph 5, the Security Council
“calls upon Israel urgently to place its nuclear facilities under
IAEA [International Atomic Energy Agency] safeguards”.
By refusing to allow IAEA oversight of its nuclear facilities,
Israel is violating this resolution.
(4) Resolution 497
This resolution, passed on 17 December 1981, demands that Israel
reverse its annexation of the Golan Heights, which were captured
from Syria in June 1967:
[The Security Council]
1. Decides that the Israeli decision to impose its laws,
jurisdiction and administration in the occupied Syrian Golan Heights
is null and void and without international legal effect;
2. Demands that Israel, the occupying Power, should rescind
forthwith its decision;”
It is important to emphasise that these four resolutions (and the
others in the Appendix below) place obligations on Israel, and
Israel alone. It is therefore within Israel’s power to carry out
those obligations without negotiation with the Palestinians or with
any other state in the region. It doesn’t need to negotiate with
anybody before undoing the annexation of East Jerusalem or of the
Golan Heights. Nor does it need to negotiate with anybody before
dismantling the Jewish settlements in the West Bank. Had it wished
to do so, each of these resolutions could have been implemented at
the time they were passed by the Security Council, and all could be
implemented now, without any process of negotiation.
Resolution 242
In that respect, these resolutions are very different from the
well-known resolution 242, the so-called “land for peace”
resolution. It requires action by other states and non-state actors,
as well as Israel.
Resolution 242 was passed on 22 November 1967, a few months after
Israel had acquired large swathes of territory (the West Bank and
Gaza plus Sinai and the Golan Heights) by war, contrary to Article 2
of the UN Charter. One might have thought that the Security Council,
as the guardian of the UN Charter, would have required Israel to
withdraw unconditionally from the territory it had recently acquired
by war, contrary to the UN Charter, as Iraq was required to do after
it invaded Kuwait in August 1990.
But, in reality, 242 didn’t require Israel to do anything. It merely
stated its opinion that “withdrawal of Israel armed forces from
territories occupied in the recent conflict” should be conditional
on the “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”. As such, 242 has provided the
perfect excuse for Israeli prevarication about withdrawal from the
territories it took over by force in 1967, contrary to the UN
Charter.
Chapter VI resolutions
Israel has been frequently said that the Security Council
resolutions requiring action by it are merely non-binding
recommendations that don’t have to be obeyed – because they are all
Chapter VI resolutions. For example, in a letter to me the Israeli
Embassy in London wrote:
“All Chapter VI resolutions (ones which deal with “Pacific
Resolution of Disputes”) can only be implemented through a process
of negotiation, conciliation, or arbitration between the parties to
a dispute. All UN Security Resolutions concerning Israel fall under
this category, and cannot be self-enforced by Israel alone; they all
require a negotiating process.” [2]
By contrast, according to Israel, Security Council resolutions
concerning Iraq in the past and Iran today, are almost all Chapter
VII resolutions and are therefore mandatory. In a sense, this is
true since Chapter VI resolutions do not contain enforcement
measures, that is, economic or military sanctions, and therefore the
chances of Israel obeying them are next to nil.
To give effect to its decisions, the Security Council may impose
economic sanctions under Article 41 of the UN Charter and may
authorise the use of military force under Article 42. Both of these
Articles are in Chapter VII of the UN Charter and hence resolutions
with such enforcement measures are referred to as Chapter VII
resolutions. The Security Council has never passed a Chapter VII
resolution authorising economic or military sanctions against
Israel.
All Chapter VI resolutions non-binding?
So, Israel regards all Chapter VI resolutions as non-binding
recommendations that don’t have to be obeyed? Well, no – only those
that demand action by it. Israel takes a different view of Chapter
VI resolutions that demand action by other states. In particular, it
justified its military assault on Lebanon in the summer of 2006 in
part because of Lebanon’s failure to implement Security Council
resolution 1559, which “calls for the disbanding and disarmament of
all Lebanese and non-Lebanese militias” [3]
Here’s Dan Gillerman, Israel’s Ambassador to the UN, on the subject,
addressing the Security Council on 11 August 2006:
“The way to avoid the crisis between Israel and Lebanon has been
clear: implementation of the unconditional obligations set out in
resolutions 1559 (2004) and 1680 (2006), which set out issues for
resolution between Lebanon and Syria. The clear path forward
required the disarming and disbanding of Hizbollah and other
militias, and the exercise by Lebanon, like any sovereign State, of
control and authority over all its territory. But the will to
implement this way has been lacking, and over the past month the
peoples of Israel and Lebanon have paid a heavy price for that
inaction.
“In the face of the failure to ensure that the obligations set out
in those resolutions were implemented, Israel has had no choice but
to do what Lebanon has failed to do.” [4]
So, according to Dan Gillerman, resolution 1559 (and resolution
1680) contain “unconditional obligations” which Lebanon must obey.
1559 is a Chapter VI resolution (as is 1680). So, applying the
Gillerman principle
resolution 252 contains an “unconditional obligation” upon Israel to
reverse its annexation of East Jerusalem
resolution 446 contains an “unconditional obligation” upon Israel to
cease building Jewish settlements in the territories it occupied in
1967, including Jerusalem, and to remove those it has built.
resolution 487 contains an “unconditional obligation” upon Israel
“urgently to place its nuclear facilities under IAEA safeguards”.
resolution 497 contains an “unconditional obligation” upon Israel to
reverse its annexation of the Golan Heights
* * *
The Security Council should concern itself with punishing
aggressor states, so that they think twice about repeating their
aggression. It has singularly failed to do that in the case of
Israel. On the contrary, by passing Chapter VI resolutions without
enforcement measures and ignoring Israel’s non-compliance, it has
encouraged Israel to engage in further aggression. Nowadays, of
course, it is rare for any Security Council resolution expressing
even a scintilla of criticism of Israel to be passed, because the US
usually vetoes any attempt to do so.
So, in the summer of 2006 when it attacked Lebanon, Israel knew full
well that it could slaughter Lebanese with impunity without fear of
the merest slap on the wrist from the Security Council, let alone a
Chapter VII resolution with enforcement measures demanding that it
withdraw and desist. And so it came to pass. For nearly a month, in
order to give Israel time to destroy Hezbollah’s military capacity
(they hoped), the US/UK went to the extreme of preventing the
Security Council calling for a ceasefire and, when the US/UK finally
did allow it to speak and pass resolution 1701, it uttered not one
word of criticism of Israel’s merciless behaviour.
* * *
Appendix UN Security Council resolutions being violated by
Israel
There follows a list of 32 resolutions being violated by Israel,
resolutions which require action by Israel and Israel alone. It is
based on an article by Stephen Zunes, entitled United Nations
Security Council Resolutions Currently Being Violated by Countries
Other than Iraq [5]. It does not include
resolutions that were violated for a number of years but have now
been implemented, such as those dealing with Israel’s 20-year
occupation of southern Lebanon.
252 (21 May 1968)
Urgently calls upon Israel to rescind measures that change
the legal status of Jerusalem, including the expropriation of land
and properties thereon.
262 (31 December 1968)
Calls upon Israel to pay compensation to Lebanon for the
destruction of airliners at Beirut International Airport.
267 (3 July 1969)
Reiterates the demand that Israel rescind measures seeking
to change the legal status of occupied East Jerusalem.
271 (15 September 1969)
Reiterates the demand that Israel rescind measures seeking
to change the legal status of occupied East Jerusalem and calls on
Israel to scrupulously abide by the Fourth Geneva Convention
regarding the responsibilities of occupying powers.
298 (25 September 1971)
Reiterates the demand that Israel rescind measures seeking
to change the legal status of occupied East Jerusalem.
446 (22 March 1979)
Calls on Israel to cease, on an urgent basis, the
establishment, construction, and planning of settlements in the
territories, occupied since 1967, including Jerusalem.
452 (20 July 1979)
Reiterates the demand that Israel cease, on an urgent
basis, the establishment, construction, and planning of settlements
in the territories, occupied since 1967, including Jerusalem.
465 (1 March 1980)
Reiterates the demand that Israel cease, on an urgent
basis, the establishment, construction, and planning of settlements
in the territories, occupied since 1967, including Jerusalem.
471 (5 June 1980)
Demands prosecution of those involved in assassination
attempts of West Bank leaders and compensation for damages;
reiterates demands to abide by Fourth Geneva Convention.
484 (19 December 1980)
Reiterates request that Israel abide by the Fourth Geneva
Convention.
487 (19 June 1981)
Condemns Israel’s attack on Iraqi nuclear reactor and calls
upon Israel to place its nuclear facilities under the safeguard of
the UN’s International Atomic Energy Agency.
497 (17 December 1981)
Demands that Israel rescind its decision to annex the Golan
Heights.
573 (4 October 1985)
Condemns the Israeli attack on the PLO in Tunisia and calls
on Israel to pay compensation for human and material losses from its
attack and to refrain from all such attacks or threats of attacks
against other nations.
592 (8 December 1986)
Insists Israel abide by the Fourth Geneva Conventions in
East Jerusalem and other occupied territories.
605 (22 December 1987)
Calls once more upon Israel, the occupying Power, to abide
immediately and scrupulously by the Fourth Geneva Convention, and to
desist forthwith from its policies and practices that are in
violations of the provisions of the Convention.
607 (5 January 1988)
Reiterates calls on Israel to abide by the Fourth Geneva
Convention and to cease its practice of deportations from occupied
territories.
608 (14 January 1988)
Reiterates the demand that Israel cease its deportations of
Palestinians from the occupied territories.
636 (6 July 1989)
Reiterates the demand that Israel cease its deportations of
Palestinians from the occupied territories.
641 (30 August 1989)
Reiterates the demand that Israel cease its deportations of
Palestinians from the occupied territories.
672 (12 October 1990)
Reiterates calls for Israel to abide by provisions of the
Fourth Geneva Convention in the occupied territories.
673 (24 October 1990)
Insists that Israel come into compliance with resolution
672.
681 (20 December 1990)
Reiterates call on Israel to abide by Fourth Geneva
Convention in the occupied territories.
694 (24 May 1991)
Reiterates that Israel “must refrain from deporting any
Palestinian civilian from the occupied territories and ensure the
safe and immediate return of all those deported”.
726 (6 January 1992)
Reiterates calls on Israel to abide by the Fourth Geneva
Convention and to cease its practice of deportations from occupied
territories.
799 (18 December 1992)
Reaffirms applicability of Fourth Geneva Convention…to all
Palestinian territories occupied by Israel since 1967, including
Jerusalem, and affirms that deportation of civilians constitutes a
contravention of its obligations under the Convention.
904 (18 March 1994)
Calls upon Israel, as the occupying power, to take and
implement measures, inter alia, confiscation of arms, with the aim
of preventing illegal acts of violence by settlers.
1073 (28 September 1996)
Calls on the safety and security of Palestinian civilians
to be ensured.
1322 (7 October 2000)
Calls upon Israel to scrupulously abide by the Fourth
Geneva Convention regarding the responsibilities of occupying power.
1402 (30 March 2002)
Calls for Israel to withdraw from Palestinian cities.
1403 (4 April 2002)
Demands that Israel go through with “the implementation of
its resolution 1402, without delay”.
1405 (19 April 2002)
Calls for UN inspectors to investigate civilian deaths
during an Israeli assault on the Jenin refugee camp.
1435 (24 September 2002)
Calls on Israel to withdraw to positions of September 2000
and end its military activities in and around Ramallah, including
the destruction of security and civilian infrastructure.
Note: Since 1972, the US has used its veto in the Security Council
42 times in order to prevent the passing of resolutions critical.
See [6] for details.
References:
[1] All UN Security Council resolutions on
Palestine can be found at domino.un.org/UNISPAL.NSF/vCouncilRes
[2]
www.david-morrison.org.uk/palestine/israeli-embassy-corr.htm
[3] www.david-morrison.org.uk/scrs/2004-1559.pdf
[4] www.david-morrison.org.uk/scps/20060811.pdf
[5] www.fpif.org/commentary/2002/0210unres.html
[6]
www.globalpolicy.org/security/membship/veto/vetosubj.htm
