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The Politics of Legality and UN Resolution 2334

Benyamin Netanyahu

Courtesy of thierry ehrmann/Flickr. (CC BY 2.0)

This article was originally published by the S. Rajaratnam School of International Studies (RSIS) on 18 January 2017.

Synopsis

UN Resolution 2334 condemning Israeli settlements was passed by the Security Council only because the US did not exercise its usual veto. As expected, the resolution was strongly opposed by Israel, which threatened to cut its funding to the United Nations. As we face an uncertain global order, it is crucial that countries work within the international system.

Commentary

UNITED NATIONS Resolution 2334, and the abstention vote by the United States, was a significant exercise in international diplomacy and its relationship with international law. The resolution condemned Israel’s illegal but expanding settlement project and demanded that Israel “immediately and completely cease all settlement activities in the ‘occupied’ Palestinian territory, including East Jerusalem.” The resolution was adopted with 14 votes in favour with only the US abstaining.

The passing of the resolution, made possible because of the US’ holding back its usual veto demonstrated that the decision to do the right thing through the international system is not necessarily based on the legality of the issue. While international law is clear on the illegality of settlements, this resolution was only adopted because key actors, such as the US, decided it was time to do the right thing. This allowed the Security Council to produce a fair outcome.

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A Ripe Moment for Change at the UN?

UNSC Chamber in New York, the Norwegian Room, courtesy Patrick Gruban/WikiMedia

This article was originally published by the IPI Global Observatory on 9 March 2016.

The United Nations was created to foster peace and stability among nations and promote economic prosperity and social justice for all. Seventy years later, there is a shared sense that the global structures[1] entrusted with peace and security are not keeping pace with today’s more complex and interconnected world, where local problems have global dimensions and where the monopoly of violence is no longer the sole preserve of states—a world where the nature of peace and conflict is challenging the analytical frameworks, norms, and paradigms that have been painstakingly fashioned over the past two decades.

The three major peace and security reviews conducted in 2015[2] have taken stock of the changing global environment; analyzed UN responses; and come up with several key policy messages, as well as a number of complementary recommendations which, if implemented, could help the UN peace and security architecture be better fit for purpose.

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