UNSC Draft on Gaza Invokes International Humanitarian Law

Palestinian Amb. Riyad Mansour Addressing the Security Council on Friday - UN Photo

Palestinian Amb. Riyad Mansour Addressing the Security Council on Friday – UN Photo

July 18, 2014 – The draft resolution that Jordan plans to circulate to Security Council members on Gaza includes a clause that explicitly refers to International Humanitarian Law.

Operative paragraph 3 of the draft textCalls upon all parties to abide by their obligations under international humanitarian law, including the Geneva Convention relative to the Protection of Civilian Persons in a Time of War of August 12, 1949.”

This language was absent from Resolution 1860 that ended Operation Cast Lead in 2008/09, an omission that disappointed several Council members then.

The statement that the 15-nation body agreed on July 12 also called upon parties to observe International Humanitarian Law.

A Council diplomat speaking to UN Tribune said the inclusion of language on international humanitarian law and on the protection of civilians in Saturday’s statement was significant. Council statements, while not binding, have to be agreed on by all fifteen members.

The diplomat added that at present there is no disagreement among Council members and there was consensus at Friday’s meeting in support of the Egyptian proposal for an immediate ceasefire.

The Council will meet again on Tuesday to discuss the crisis and, unless there is an end to hostilities by then, the resolution could be put to vote. If so, the ministerial committee formed by the Arab League on July 14, which is chaired by Kuwait and includes Morocco, Egypt and Jordan, would likely head to New York, at the foreign minister level, to press for adoption of the resolution. Arab League Secretary-General Nabil El Araby is also a member of the ministerial committee.

International humanitarian law regulates the conduct of war and grave breaches of its rules constitute war crimes that can be prosecuted by the International Criminal Court, which Palestine said it will join if Israel’s Operation Protective Edge continues.

The UN Office for the Coordination of Humanitarian Affairs on Friday reported that 268 Palestinians have been killed since July 7, including 193 civilians. Among those killed in the past eleven days are 59 children, representing 22 percent of all fatalities.

– Denis Fitzgerald
On Twitter @denisfitz