By Endorsing the U.S. Gaza Plan, the UN Security Council Elevates "Rule by Law" Over Rule of Law : Shared by Tom McDermott
Continuing criticism of the Security Council's resolution on the US plan for Gaza focusses rightly on how it undercuts Palestinian rights and role in its own future.
Tom
By Endorsing the U.S. Gaza Plan, the UN Security Council Elevates "Rule by Law" Over Rule of Law
Author: Zaha Hassan
Publication: Carnegie Endowment for International Peace
Date: December 5, 2025
Summary:
UN Security Council Resolution 2803, adopted 13-0 with China and Russia abstaining, endorsed Trump's Comprehensive Plan to End the Gaza Conflict despite contradicting International Court of Justice rulings and international law.
The resolution creates a U.S.-led "Board of Peace" overseeing Gaza governance, security, and reconstruction until December 31, 2027, with all Palestinian political factions excluded from participation.The plan conditions Palestinian aid access and self-determination on agreements among foreign powers in consultation with Israel, requiring unspecified PA reforms and compliance with Trump's 2020 plan. Hamas and Palestinian civil society organizations strongly oppose the plan's second phase.
The resolution conflicts with ICJ determinations that Israel's occupation is illegal, its actions create plausible genocide risk, and third states must dismantle Israeli occupation and support Palestinian self-determination. Israel has violated the ceasefire hundreds of times since October 10, killing over 300 Palestinians, allowing only a quarter of agreed aid, and dividing Gaza into "red zone" (extreme deprivation) and "green zone" (58% of territory) where Israel destroyed over 1,500 buildings since the ceasefire. Stakeholders including Saudi Arabia, UAE, and Azerbaijan refuse troop contributions without PA inclusion and defined political horizon toward Palestinian statehood.
Quotes:
"The Security Council's endorsement of the CPEGC stands in stark contrast to the series of binding legal decisions and advisory opinions—authoritative statements of international law—decided by the International Court of Justice between 2024 and 2025." — Zaha Hassan
"The body lacks the power to legitimize actions that are illegal under international law... the right to self-determination is a preemptory norm from which there is no derogation." — Sierra Leone diplomat at Security Council
"An ICJ-adjudicated illegal occupation and colonization project has now been rebranded as a UN-sanctioned, U.S.-led enterprise for the benefit of international peace." — Zaha Hassan
Comments
Post a Comment
If you are a member of XUNICEF, you can comment directly on a post. Or, send your comments to us at xunicef.news.views@gmail.com and we will publish them for you.