Article 99 call for Gaza Ceasefire: In the words of Les Grossman...
Article 99 call for Gaza Ceasefire: In the words of Les Grossman...
A f*cking binding resolution
Summary
It’s crunch time for a Gaza ceasefire. The UN Security Council have been forced back to the table like naughty children by the UN Secretary General with Article 99, whilst a powerful delegation of Arab leaders flies with a documented ceasefire resolution from Middle Easts forums and a behind-closed-doors “encouragement” which will be to threaten to cut off oil supplies - a double pincer to quite frankly “get the UNSC to do their f*cking job”.
Themes:
UN Secretary General Article 99
Arab Leaders tactics (Doha Summit 6 Dec - en route to NYC)
Wording of a new Resolution
Suggested Sanctions (OR ELSE part of the new Resolution)
Contents
Arab World - The Big Oily Money Stick is on its way this time
Resolution 2712 - what it “CALLED FOR” and what new one should “DEMAND”
UN Secretary General says “F*ck This Shit - Do Your Job!”
The UN Secretary General Antonio Guterres has just pushed the panic button invoking a little used UN Chart clause Article 991 to force the United Nations Security Council (UNSC) back to the table, calling for an immediate ceasefire.
The international community has a responsibility to use all its influence to prevent further escalation and end this crisis. I urge the members of the Security Council to press to avert a humanitarian catastrophe. I reiterate my appeal for a humanitarian ceasefire to be declared. This is urgent
In the missive he details in great detail the horrendous impact on civilians and goes on to explain succinctly the reason for the ceasefire:
The civilian population must be spared from greater harm. With a humanitarian ceasefire, the means of survival can be restored, and humanitarian assistance can be delivered in a safe and timely manner across the Gaza Strip.
He quotes a call from the UN Security Council themselves issued in Resolution 2712 on 15th November2 - noting they called for:
"the scaling up of the provision of such supplies to meet the humanitarian needs of the civilian population, especially children."
Basically - he’s saying - for humanity’s sake - actually enforce NOW what you “called for” - the enforcement of International Law3 (well - technically Russia, US and UK abstained from voting in).
Quite literally the voice of the majority opinion.
See below the results of the “symbolic” UN General Assembly vote for a ceasefire (humanitarian truce) on 28 October4 5, called because the UN Security Council couldn’t get its act together and produce a Resolution - the US in particular vetoing a resolution early in the conflict on 18 October6.
The motion passed 120 to 14 - as an indicator of international sentiment.
The 14 no votes and 45 abstentions tell a political rather than humanitarian story.
Arab World - The Big Oily Money Stick is on its way this time
A powerful delegation of Gulf leaders is on it’s way to the UN HQ after meeting in Doha on 5th December for the 44th Session of the Supreme Council of the Gulf Co-Operation Council (GCC) composed of Saudi Arabia, Qatar, Kuwait, Oman and the United Arab Emirates.
They issued a declaration for a ceasefire with warnings of dire consequences if not saying7:
“[international community must] intervene to establish a ceasefire and protect Palestinian civilians, and take the necessary measures within international law to respond to Israel’s practices and its policy of collective punishment against the defenceless residents of Gaza.”
This ceasefire declaration was off the back of the worsening events, and criticism that an extraordinary Arab-Islamic summit hosted in Saudi Arabia on Nov 11 achieved nothing. Indeed the speakers at last Sunday’s pro-Palestine rally in Sydney’s Hyde Park were rightly very vocal and upset about this.
The missive went on to warn of:
“the dangers of expanding confrontations and the spread of the conflict to other regions in the Middle East, unless the Israeli aggression stops, which will lead to dire consequences for the peoples of the region and for international peace and security.”
This statement goes on to talk about as a second step redoubling efforts to secure the two state solution and for Israel to withdraw from the occupied territories.
Forget the wording - sure as shit they will threaten to cut off oil to the West - read US - unless they force Israel to ceasefire and comply with international law immediately.
It would be an unprecedented step not taken since the October 1973 oil embargo - last time in retaliation for countries supporting Israel during the Yom Kippur War8.
But this is an unprecedented humanitarian situation. If any moment needs drastic action it’s this.
This is an important pincer-movement for the UNSC members - the big stick of OIL in addition to the humanitarian reality of “do your f*cking job” from the Secretary-General.
What could a new Resolution say?
It really doesn’t matter if they don’t back it up with globally endorsed sanctions.
And to be frank, the UNSC could issue almost exactly same Resolution at 2712 with a few changes;
replacing “CALLS FOR” with “DEMANDS” - which is exactly the amendment the Russians asked for on 14 Nov to be more direct.
The US voted the amendment down, keeping the watered down language so so they wouldn’t veto the overall resolution, ensuring it had no teeth for others to enact whilst they abstained anyway.
add WITHIN 1 day
add “OR ELSE we’ll sanction the shit out of you” (in legalese probably)
Let’s look at those 3 in turn.
Resolution 2712 - what it “CALLED FOR” and what new one should “DEMAND”
Key points in the wording of Resolution S/RES/27129:
Reminder of International Laws that need to be adhered to
4th Geneva Convention on non-combatants 194912
Additional Protocol 197713 (importantly on proportionality of response)
Example of violations of International Law Listed in the Resolution
For the avoidance of doubt. The US came up with some BS about “how the resolution is different because this time it talks about children”.
Rubbish. If you protect children by enforcing the below - by default you protect the whole population which is what should have happened from 18 Oct first Resolution.
Removal of general protections for children
Hostage taking (referring explicitly to Hamas hostages)
Forced displacement of civilian populations
Disruption of access to education to children
Refrain from depriving civilian population in Gaza Strip of basic services and humanitarian assistance
Refrain from attacking medical facilities, humanitarian staff, ambulances
Refrain from attacking critical infrastructure including UN facilities - e.g. bakeries, water supplies etc.
I note reminding Israel of their Geneva Convention/Additional Protocol obligations under international law (their disproportionate and indiscriminate response) together with all of the above actions (bar hostage taking, Hamas) - effectively spell out the application of “collective punishment” without specifically saying it - as the Gulf Co-Operation Council have.
Compliance Requirements (reuse with ONE change)
LAW: All parties comply to international laws as above
HUMANITARIAN PAUSES: Urgent humanitarian pauses to deliver humanitarian aid - which is illegal to deprive as abovereplace with CEASEFIREINCREASED AID: Scaling up of the provision of humanitarian aid to date - a trickle - to the proper levels
CEASE BLOCKADE: Call to stop continuing to deprive civilian populations of basic services and humanitarian aid, and keep aid matching demand going forward
PROTECT RELIEF STAFF: Call to stop attacking medical, humanitarian, UN staff and facilities
PROTECT CRITICAL INFRASTRUCTURE: Call to stop attacking critical infrastructure
RELEASE HOSTAGES: Immediate unconditional release of all hostages held by Hamas and other groups .. ensuring immediate humanitarian access (as far as I understand The Red Cross haven’t see these poor people to date)
And so that’s it. Cut and Paste.
BY?
Pick a number - 1 day.
OR ELSE
This is key. What’s OR ELSE?
The first OR ELSE is for the UNSC from the GCC
1. “put in place this Resolution” OR ELSE “you’re not getting any more oil”
Then next two OR ELSE are for Israel from the UNSC
“abide by the terms of the Resolution (ceasefire)” OR ELSE “you’ll get sanctioned the shit out of” (Multiple sanction examples suggested below - example would be UN Security Council voting and imposing a mandatory embargo on the sale of arms to South Africa in 1976).
Then later if Israel ignores said sanctions
“alright f*ckface, you’re taking the piss - abide by the terms of the Resolution (and some more terms for being cocky)” OR ELSE “Military Intervention by a UN led Coalition”
(3) is extremely unlikely and what the hell is a UN led Coalition, but let’s park that and look at the soft option (2)
Sanctions on Israel - List Ready To Go!
The OR ELSE of Sanctions is really quite straight forward - we already know.
In fact - there’s what is effectively a template document on the Australian Department of Foreign Affairs (DFAT) website.
Download Report here: 🔗👉⬇️ ACIJ Response Document (DFAT website) - https://www.dfat.gov.au/sites/default/files/feasibility-study-israel-submissions-acij-and-phroc.pdf
In 2021 the then Liberal Government Australian Department of Foreign Affairs and Trade (DFAT) sought submissions for a proposal to strengthen investment & potentially free-trade with Israel14.
Amongst the responses was a joint document between The Australian Centre for International Justice and Palestinian NGOs.
Their response document
👩⚖️⚖️ outlined the breaches of international law perpetuated by Israel to date
❌ 💰rejected he proposal to increase trade (of course)
🚫🇮🇱 recommended a 10 point specific list of actions to the Australian Government to ensure the Israel’s compliance with international law ✅
The 10 points are listed below - read as a reference document for sanctions that could be applied by the UN across other countries as relevant depending on their economic and strategic ties with Israel.
Interestingly, with the change in Government to Labor last year, some of the points were already being addressed in policy decisions prior to Oct 7.
Key Recommendations & Commentary
1 - ICC Investigation
The Australian Government support the investigation and prosecution of international crimes committed as part of the Situation in Palestine at the International Criminal Court - ICC and commit to fully cooperate with the Office of the Prosecutor of the ICC, in line with Australia’s international law and domestic legal obligations.
2 - Lift Gaza Blockade (this was 2021 blockade - it’s nothing new)
The Australian Government condemn and demand that Israel immediately and unconditionally lifts its punitive and unlawful closure of the occupied Gaza Strip.
3 - Settlements & Jerusalem Status
The Australian Government condemn Israel’s settlement enterprise and reverse its recognition of Annexed West Jerusalem as Israel’s capital, in line with Australia’s obligations under international law.
Comment: The new Labor Government dropped recognition of Jerusalem as Israel capital in October 2022, rescinding Morrison's recognition in 201815
Comment: Just in August of this year, the Albanese Government began changing the language with respect to settlements from "Occupied Territories" to "Illegal"16
4 - Targeted Sanctions
The Australian Government impose targeted sanctions, including asset freezes against Israeli officials and entities involved in breaches of international humanitarian law and international human rights law and those credibly implicated in international crimes, including the crimes of apartheid and persecution.
Comment: As has been done with targeted sanctions on Russian individuals
5 - Investments, Trade, JVs
The Australian Government undertake an extensive review of investments, trade agreements, cooperation schemes and programs with Israel and cancel those which contribute to breaches of international humanitarian law and which directly contribute to international crimes, including the commission of the crimes against humanity of apartheid and persecution.
Comment: Local lobbying groups in Australia have continued to refer to BDS as an antisemitic organisation to delegitimise targeted consumer action in response to Israel State policy.
Comment: See BDS Australia campaign from 2020 for consumer action on challenging your Super Fund to confirm if investment in Israeli companies, noting call for renewed action at the Sydney Palestine Rally on 26 Nov17
👆📺 Click on image above to play video segment (5m)- Australia Palestine Advocacy Group President Nasher Mashni talking on the BDS Check your SuperFund Campaign 7 Dec 📺👆
6 - Targeted ban settlement goods
The Australian Government enact legislation banning settlement goods from entering Australia’s marketplace.
7 - Settlement infrastructure investment
The Australian Government enact legislation preventing Australian companies, from operating, trading, or investing in settlements or contributing to their maintenance and/or expansion.
8 - Advice to Australian Institutions on appropriate action
The Australian Government provide clear advice and direction to Australia’s Future Fund, Australian businesses, universities, pension funds, registered charities, and financial institutions to ensure they are not engaging in commercial or non-commercial activities related to Israel’s breaches of international law and egregious abuses of human rights and which directly contribute to the commission of international crimes, including the crimes against humanity of apartheid and persecution.
9 - Arms Embargo
The Australian Government impose an arms embargo on Israel.
Comment: ABC News 15 Nov 23 "Aus Defence Industry 'opaque' on exports to Israel18; this needs transparency similar to the US where an official resigned specifically over this - the State Department section set up to review arms shipments did not apply scrutiny to Israel
10 - Suspend Defence Co-Operation
The Australian Government suspend defence cooperation with Israel and ends its facilitation of defence industry partnerships.
To Conclude
I agree with the UN Secretary General - do your f*cking job UNSC. As I’ve been standing with thousands of people in Sydney Hyde Park for the last four Sundays saying.
I agree with the Gulf Co-Operation Consortium - no-one gives a shit unless oil and money are involved - do your f*cking job UNSC.
Let’s see what happens.
Related Articles
DFAT Israel Country Brief (DFAT website) - lists out summary of current trade ties with Israel: - https://www.dfat.gov.au/geo/israel/israel-country-brief
UN Statutes and Conventions (Original Sleekit Scotsman Facebook Post): https://www.facebook.com/sleekit.scotsman2/posts/122110462778106334
Impactful sanction on Israel from DFAT Response (28 Nov Original Sleekit Scotsman Facebook Post): https://www.facebook.com/sleekit.scotsman2/posts/pfbid02UX3YZyot3hZVZTUPdCgH1CTLxCu9GjkSyoJmEXXkmB9oxXkaShtgJWDzsz47PDqzl
UN Website 6 Dec “The Secretary-General letter to the President of Security Council invoking Article 99 of the United Nations Charter“ - https://www.un.org/en/situation-in-occupied-palestine-and-israel/sg-sc-article99-06-dec-2023
UN News 15 Nov “Israel-Palestine crisis: Security Council calls for urgent, extended humanitarian pauses in Gaza“- https://news.un.org/en/story/2023/11/1143632
Human Rights Watch 27 October 2023 “How Does International Humanitarian Law Apply in Israel and Gaza?“ - https://www.hrw.org/news/2023/10/27/how-does-international-humanitarian-law-apply-israel-and-gaza
United Nations News 27 Oct 2023 “Gaza crisis: General Assembly adopts resolution calling for ‘humanitarian truce’, civilian protection“ - https://news.un.org/en/story/2023/10/1142932
UN General Assembly Resolution on Gaza 26 Oct: Website Document Store “Tenth emergency special session, Agenda item 5, Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”- https://documents-dds-ny.un.org/doc/UNDOC/LTD/N23/319/20/PDF/N2331920.pdf?OpenElement
UN News 18 October - “Israel-Gaza crisis: US vetoes Security Council resolution“ - https://news.un.org/en/story/2023/10/1142507
Gulf Co-Operation Council Website - https://www.gcc-sg.org/en-us/MediaCenter/NewsCooperation/News/Pages/news2023-12-5-1.aspx
S&P Global Commodity Insights 23 Nov “Persian Gulf oil producers hold off on embargo but remain at odds with US“ - https://www.spglobal.com/commodityinsights/en/market-insights/latest-news/oil/112323-persian-gulf-oil-producers-hold-off-on-embargo-but-remain-at-odds-with-us
UN document store 15 Nov - Resolution S/RES/2712 - “Adopted by the Security Council at its 9479th meeting, on 15 November 2023“ - https://undocs.org/Home/Mobile?FinalSymbol=S%2FRES%2F2712(2023)&Language=E&DeviceType=Desktop&LangRequested=False&fbclid=IwAR3k150nCbXfIMYEjV3nAqKCSoOl4Jj8s6FOgJtoR8tzYVFu84lZi6XKYOg
International Criminal Court website: Core ICC Texts - https://www.icc-cpi.int/resource-library?fbclid=IwAR0l2pwYyGrtgmjA4_PsHmp5oA0n0Xb9Q0r-GPyq5HfQs4m1aID2JjSftV8#coreICCtexts
UN Office on Genocide Prevention and the Responsibility to Protect; War Crimes - https://www.un.org/en/genocideprevention/war-crimes.shtml
International Committee of the Red Cross: “The Geneva Conventions of 1949 and their Additional Protocols“ - https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-conventions.htm
International Committee of the Red Cross: “1977 Additional Protocols to the Geneva Conventions of 1949“ - https://www.icrc.org/en/document/additional-protocols-geneva-conventions-1949-factsheet
DFAT Feasibility Study call for submissions to increase trade with Israel (DFAT website) Lists ToR and multiple response documents including ACIJ - https://www.dfat.gov.au/trade/for-australian-business/feasibility-study-strengthening-trade-and-investment-israel-submissions#received
The Age Oct 17 2022 “Australia drops recognition of West Jerusalem as Israeli capital“ - https://www.theage.com.au/politics/federal/australia-drops-recognition-of-west-jerusalem-as-israeli-capital-20221017-p5bqic.html
The New Daily Aug 9 2023 - “Labor’s call on Israel’s ‘illegal’ territories draws Peter Dutton’s ire“: https://www.thenewdaily.com.au/news/politics/2023/08/09/israel-settlements-labor-dutton
BDS Australia Website: SuperAnnuation fund check https://bdsaustralia.net.au/campaigns/superannuation-funds-divestment-campaign/
ABC News 15 Nov “Australia criticised for 'opaque' defence exports to Israel, as warnings grow of potential to fuel Gaza war crimes“ - https://www.abc.net.au/news/2023-11-15/australia-defence-weapons-exports-israel-hamas-war/103072608