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A recent UN resolution: Successful(?) Jordan-led resolution at the UN General Assembly on October 27

Main points: The non-binding resolution calls for an immediate ceasefire in Gaza and full and unhindered access to humanitarian aid in the Gaza Strip, as well as for Israel to revoke its call for northern Gaza’s evacuation. It also calls on parties to abide by international law and for “the immediate release of all civilians”. A total of 120 countries, including France, voted in favour. Another 14 – including the US and Israel – voted against. Forty-five countries abstained, including staunch Israel supporters like the UK and Germany, as well as Canada, which led to a failed amendment to the text. Canada’s proposed amendment was for the resolution to explicitly condemn Hamas and its “taking of hostages”. Members first voted on the addition, but with 88 votes in favour, 55 against and 23 abstentions, the amendment did not pass. As an internet blackout swept Gaza, UN member states then proceeded to vote on the original resolution led by Jordan. France said it voted in favour because “nothing justifies the killing of civilians” and Gaza’s “catastrophic” situation calls for a humanitarian truce.

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Looking at the Israeli-Palestinian war through the perception of occupation and settlement, it is undeniable that it is an extremely intricate issues that revolve around complex narratives, which was associated heavily with Palestine and Israel’s historical context.

Occupation

Before the establishment of the State of Israel in 1948, Jewish people lived in various regions around the world, there existed in a diaspora, which refers to the dispersion of Jews outside of the historical Land of Israel. The communities could be found in Europe, Asia, Africa, and the Americas, among other places. Jews faced persecutions and discriminations in various countries, they were subjected to expulsions, violence, and discriminatory laws in different period or locations. For instance,  iSpain and Eastern Europe. Up until Zion movement gained traction in the 19th and early 20th centuries, this movement advocate for Jewish self-determination and the estbalishment of a Jewish homeland in palestine. In the 20th century, there was a British Mandate that was established in Palestine, and Jewish immigration to the region increased. The horrors of the Holocaust had a significant impact on the urgency and global support for the establishment of Jewish state, the British faced iinternational pressure to facilitate Jewish immigration to Palestine, particularly in response to the rise of Nazism and the Holocaust. The Balfour Declaration in 1917 during World War 1, the British government issued the Balfour Declaration, which expressed support for the establishment of a “national home for the Jewish people” in Palestine. The war goes on between Arab and Israel because of the tension that arised after the declaration of Balfour. However, at 1948, UN proposed a partition plan to declare Israel as a state that got rejected by Arab states and Palestinian Arab. In 1967, Israel have captured th West Bank, Gaza Strip,a dn East Jerusalem as well as the Golan Heights and Sinai Peninsula in the Six-Day War. The occupation of these territories is a central issue in the conflict. West Bank and Gaza Strip have been under Israeli military occupation for decades, leading to the significant restrictions on the movement and daily lives of Palestinians.

Settlements

Israeli settlements are communities that was built by Israeli citizens in the occupied Palestinian territories. These settlements are considered illegal under international law, as they violate the Fourth Geneva Convention, which probihits the transfer of an occupying power’s civilian population into the territory it occupies. The growth of Israeli settlement in West Bank has been a major point of contention in the conflict. It had fragmented palestinian land and made two state solution even more challenging. Even after the Oslo accord that took place in 1993 that almost resulted in the retreat of Israeli soldiers in the Gaza Strip and West Bank, however, the surge of anti-peace movements in Israel after the assasination of Israel Prime Minister had made it impossible to proceed with the two-state resolution. The expansion of settlements has led to tensions, clashes, and disputes over land, resources, access, and contribute to ongoing hostility and a lack of progress peace negotiations.

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1)self-determination has been statehood and international recognition for Palestinians. This includes their desire to create a Palestinian state with independence and sovereignty in East Jerusalem, the Gaza Strip, and the West Bank. Numerous countries and international organizations acknowledge the validity of this goal.Because Israelis and Palestinians have emotional and historical links to the same place and because their national ambitions occasionally collide, the topic of self-determination is tricky.

2)At the beginning, before 1948 Palestinians countrolled most of the territory in this region but with the folloing victories , Israel gradually took control of all the land that had been part of Palestine

The occupation of Palestinian territories by Israel refers to the control and administration of the West Bank, including East Jerusalem, and, until 2005, the Gaza Strip by the Israeli government. Israeli settlements are communities built by Israeli civilians in the West Bank, East Jerusalem, and, previously, the Gaza Strip. These settlements have been a source of contention in the conflict as they are considered illegal under international law by most of the international community.

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For the case study of Israel and Palestine, the right of self determination under the international law is defined as principle that all people have the right to freely determine their political status, pursue their economic, social and cultural development and make choices about their own future without external interference. This right has been enshrined in international agreements, such as United Nations Charter.

Palestinians argued that occupation of West Bank, East Jerusalem and the blockade of Gaza Strip infringed the rights of self determination by the Israel,.the Palestinian authority, which governs parts of the West Bank, does not have full sovereignty over its territory. The Israeli control over their water and electricity supply under Palestine territory which infringed their self determination in international law. Furthermore, Israel’s control over the boarders and move ent of people and goods in the occupied territories including the West Bank and Gaza, several restricts the Palestine population’s ability to engage in economic, social and political activities. The construction and expansion of Israeli settlements in the West Bank are considered a direct violation of Palestine self determination. Palestinians contend that these settlements fragment determination the territory and make it difficult to establish a viable, contiguous Palestinian state which is essential for genuine self governance. The occupation is a central issue in peace negotiations between Israelis and Palestinians. It raises questions about boarders, sovereignty, and the viability of a future Palestinian state. The current cut on food and electricity supply in 2023 is considered as violated the right of self determination in Gaza.

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No painkillers, water, food shortages: What to know about Gaza situation

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Gaza’s residents are grappling with shortages of food and water while hospitals are overwhelmed amid Israeli bombing.

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1) Both Israel and Palestine have the right to self-determination. Hence, both the idea of Israel or Palestine as an illegitimate state is a violation of their self-determination. Israeli violation of Palestinian territorial self-determination hinges upon its use of state violence in the occupation of East Jerusalem and the West Bank, and its blockade of the Gaza Strip. The delegitimization of Israeli statehood is also a violation of Israeli self-determination as it ignores the reality of Jewish Israelis in the Levant.

2) The Arab-Israeli War of 1967 saw the occupation of Palestinian Territories by Israeli forces. In 2004, Israeli forces withdrew from the Gaza Strip and allowed for Palestinian self-governance. The election of Hamas, a militant political party, saw the Israeli forces blockade access to the Gaza Strip. The East Jerusalem and West Bank territories are still under occupation by Israeli forces with provisions for self-governance for the Palestinian Authorities. Israeli forces regularly seize Palestinian properties and build new Israeli settlements to be distributed to Israeli citizens in the West Bank.

3) The UN Resolution 242 emphasized the withdrawal of Israeli forces form Palestinian Territories in 1967. UN Resolution 338 urged for ceasefire for the war of 1973 and implementation of resolution 242. UN Resolution 1397 and 1515 called for the implementation of the two states solution in 2002 and 2003. Resolution 1860 called for ceasefire in the Gaza Strip and the withdrawal of Israeli forces from the blockade to open border crossings for humanitarian aid in 2009. Finally, Resolution 2334 condemned Israeli settlements in occupied West Bank. The Israeli state regularly disregards these resolutions.

4) The Gaza Strip is considered the world’s largest instance of an open air concentration camp, where Israeli forces regularly blockade access to the territory. Administered by Hamas, the territory is officially self-governing, but relies on Israel to provide utilities such as water and power due to Israeli military laws. Hamas and Israeli forces regularly engage in open conflicts by sending rockets against each other and saw major escalations such as in the 2014 Gaza War. In October 7 2023, Hamas forces unprecedentedly overwhelmed the border blockade and attacked bordering Israeli settlements. The Israeli state openly calls for retaliation by invading the northern half of the Gaza Strip.

5) The ICC opened an investigation into alleged war crimes by individuals during the 2014 Gaza War. Starting in 2021, the ICC investigations are looking into both Palestinian and Israeli wrongdoings during the conflict. The government of Israel disputes the jurisdiction of the ICC because of its non-signatory status to the Rome Statute. The Israeli state also disputes the ICC investigation by disputing Palestinian sovereignty and Palestinian signatory to the Rome Statute as it does not consider Palestine to be a sovereign state.

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Gaza Strip
is home to roughly 2.3 million Palestinians and is described as one of the most densely populated places on Earth.  Following the creation of the state of Israel in 1948 and the subsequent Arab-Israeli war, Israel seized land from the Palestinian Arab-allocated state and ended up with 77% of the total territory. More than half of the Palestinian Arab population was expelled or fled as refugees to Gaza, the West Bank and neighboring countries.Fast forward to 2006, and Hamas emerged victorious in Gaza’s elections against its rival, the Fatah party. It has been in control of Gaza since. No elections have been held thereafter and Hamas maintains political control.

International humanitarian law protects those who do not take part in the fighting, such as civilians and medical and religious military personnel. It also protects those who have ceased to take part, such as wounded, shipwrecked and sick combatants, and prisoners of war.
Israel has been keeping attacking to Gaza Strip to fight with Hamas. They are indiscriminately attacking people in the Gaza Strip in what they call self defense. They cannot differentiate with Hamas and civilians even children.
In 7/11, more than 10,000 people were killed. They bombed to Hospital, church and house. They targeted of civilian infrastructure. Under international humanitarian law, such attacks may be considered unlawful if they are not directed at legitimate military targets.

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UN Resolution 181 Partition Plan for Palestine.

Resolution 242 stipulate cannot expend territories by war.

Withdrawal of Israeli armed forces from territories occupied in the recent conflict;

(ii) 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.

Gaza Strip occupied by Israel for a long time since 1967 to 2005.

International Criminal Court investigation in Palestine in 2014

Investigation on illegal settlements and violation of law of war by personal of Israel force.

Palestine urges ICC to issue arrest warrants for Israeli officials over Gaza conflict

https://www.aa.com.tr/en/world/palestine-urges-icc-to-issue-arrest-warrants-for-israeli-officials-over-gaza-conflict/3045316#:~:text=GAZA%20CITY%2C%20Palestine%20(AA),conflict%20in%20the%20Gaza%20Strip.

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Palestine urges ICC to issue arrest warrants for Israeli officials over Gaza conflict

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Palestinian Prime Minister Mohammad Shtayyeh calls for action to halt Israeli attacks in Gaza Strip - Anadolu Ajansı