During his visit to Saudi Arabia on Wednesday, US Secretary of State Antony Blinken reportedly announced that the US was presenting a draft UN Security Council resolution calling for an immediate ceasefire in Gaza, as per multiple sources. A “leaked” version of the draft has been circulating, yet its authenticity remains unverified. Media outlets are urged to confirm its official authentication for public dissemination.
If the current circulating draft is indeed genuine, further scrutiny is warranted. CAMERA’s analysis reveals that the resolution fails to stipulate the surrender of Hamas’s leadership or their exile, effectively allowing them to maintain control in Gaza. Of significant concern, while a ceasefire is deemed “imperative,” the release of the hostages is not.
Media outlets reporting on the draft resolution—provided its authenticity is shown—are encouraged to highlight the following points:
- While the draft shows that the resolution would state that an “immediate and sustained ceasefire” is “imperative,” it would make release of the hostages still held in Gaza only the subject of “ongoing international diplomatic efforts.” (Emphasis added.) The draft does not state that the return of the hostages, now held for 167 days, is “imperative.” In other words, the resolution calls for a ceasefire whether or not the hostages are released, or if only some are released. Nor is there a demand for a list of hostages – living and deceased.
- If there were any doubt about the meaning of the vague language in paragraph 1 of the draft, such doubt is resolved by paragraph 6, which calls for “Hamas and other armed groups [to] immediately grant humanitarian access to all remaining hostages.” In other words, the resolution contemplates that, even in the event of a ceasefire, some or possibly all of the remaining hostages could continue to remain in Gaza.
- Paragraph 20 of the resolution renders Israel’s requirement of a buffer zone illegitimate.
Other provisions are vague and journalists should be seeking answers to some questions that the draft raises:
- Paragraph 5 of the resolution states that it “rejects any forced displacement of the civilian population in Gaza.” Journalists should ask their diplomatic sources whether this would preclude allowing Gaza civilians to seek refuge in Egypt, or whether any such movement would be presumptively deemed “forced.”
- Paragraph 12 discusses maritime access for aid. Since the US has involved Qatar in the construction of the port it seeks, journalists should ask their diplomatic sources if this resolution would protect the Qatari-built port, even if Hamas infiltrates it. Journalists should also inquire as to whether the resolution provides any guarantees or mechanisms to prevent the exploitation of aid delivery via the sea, including the Qatari-built port.
- Paragraphs 13 and 14 discuss reconstruction efforts, including the involvement of certain UN and EU officials in the reconstruction of Gaza, but do not mention Israel. Journalists should ask their diplomatic sources if this means that Israel would be excluded from the reconstruction of Gaza, and if the intent is for UN and EU officials to take control over the reconstruction process. Journalists should further ask their diplomatic sources whether there are any concrete plans to ensure such reconstruction aid would not once again be diverted by Hamas and other terrorist organizations.
- Paragraph 16 discusses medical facilities. Hamas violates international law when it uses hospitals or other medical facilities or vehicles to conduct military operations. Under international law currently, medical facilities lose their protection if they are used for such purposes. Journalists should ask their diplomatic sources to clarify whether Paragraph 16 would change that, and if not, what is the purpose of this paragraph.
- In Paragraph 25, the resolution “Reiterates [the Security Council’s] unwavering commitment to the vision of the two-State solution where two democratic States, Israel and Palestine, live side by side in peace.” When granted autonomy in 2005, Gaza became a terror statelet. Journalists should ask their diplomatic sources, why they believe that a two-state solution at this point would turn out differently. Journalists should also ask why the Palestinian Authority, an entity that continues to pay salaries to terrorists, is considered qualified to run the West Bank and Gaza.
- Journalists should ask their diplomatic sources if this resolution is contemplated under the UN Security Council’s Chapter 6 or Chapter 7 authority, and what would be the consequences of each.
Below is the unofficial U.S. UNSC Resolution dated March 21, 2024, which requires authentication by the media. Online sources, such as the link here, have been disseminating it.
Draft U.S. UN Resolution, March 21, 2024
OP1. Determines the imperative of an immediate and sustained ceasefire to protect civilians on all sides, allow for the delivery of essential humanitarian assistance, and alleviate humanitarian suffering, and towards that end unequivocally supports ongoing international diplomatic efforts to secure such a ceasefire in connection with the release of all remaining hostages;
OP2. Emphasizes its full support for using the window of opportunity created by any ceasefire to intensify diplomatic and other efforts aimed at creating the conditions for a sustainable cessation of hostilities and lasting peace as called for in Resolution 2720;
OP3. Reiterates its demand that all parties to the conflict comply with their obligations under international law, including international humanitarian law, including with regard to the conduct of hostilities and the protection of civilians and civilian objects, humanitarian access, and the protection of humanitarian relief and medical personnel, their assets and infrastructure;
OP4. Emphasizes the urgent need to expand the flow of humanitarian assistance to civilians in the entire Gaza Strip and reiterates its demand for the lifting of all barriers to the provision of humanitarian assistance at scale, in line with resolutions 2712 (2023) and 2720 (2023);
OP5. Rejects any forced displacement of the civilian population in Gaza in violation of international law, including international humanitarian law and international human rights law, as applicable:
OP6. Reiterates its demand that Hamas and other armed groups immediately grant humanitarian access to all remaining hostages:
OP7. Demands that all parties comply with their obligations under international law in relation to all persons they detain, including applicable obligations under international humanitarian law and international human rights law, and respect the dignity and human rights of all individuals detained;
OP8. Urges Member States to intensify their efforts to suppress the financing of terrorism, including by restricting financing of Hamas through applicable national-level authorities in accordance with international law and consistent with Resolution 2462 (2019);
OP9. Reiterates its demand for all parties to the conflict to allow, facilitate, and enable, in accordance with applicable international humanitarian law, the full, immediate, safe, sustained and unhindered delivery of humanitarian assistance at scale directly to the Palestinian civilian population throughout the Gaza Strip, including by facilitating the use of all available routes to and throughout the entire Gaza Strip, including border crossings:
OP10. Directs the Secretary-General to provide the Senior Humanitarian and Reconstruction Coordinator for Gaza (“the Senior Coordinator”), the Special Coordinator for the Middle East Peace Process (“the Special Coordinator”) and the UN Resident and Humanitarian Coordinator with the personnel, resources and support necessary and underscores its full support for the Senior Coordinator’s endeavors, pursuant to resolution 2720, to expeditiously establish a UN mechanism for expediting. streamlining, and accelerating the process of providing assistance while continuing to help ensure that aid reaches its civilian destination, in coordination with other UN representatives and entities:
OP11. Requests that all UN coordinators align their respective efforts to support the Senior Coordinator and ensure a more coherent, unified. and effective humanitarian effort:
OP12. Demands that the parties to the conflict engage constructively and cooperate with UN efforts on the ground, including but not limited to the Senior Coordinator’s efforts to expand the provision of aid into Gaza, including by ensuring sustainable and unimpeded flow of assistance by all available routes and through all necessary crossing points, including the Karem Abu Salem/Kerem Shalom Border Crossing, and also by cooperating to open additional crossings and a maritime corridor as soon as possible, and stresses the importance of respecting and protecting border crossings and other infrastructure used and proposed for use in the delivery of humanitarian assistance at scale:
OP13. Stresses also the importance of the Senior Coordinator leading and coordinating the planning and preparations by the UN for early recovery and reconstruction of Gaza. and in this regard recognizes initial steps by the Office of the UN Special Coordinator (UNSCO), in collaboration with the World Bank and the European Union, towards completing a Rapid Damage and Needs Assessment in northern Gaza, and underscores the urgency for completing this assessment;
OP14. Underscores that the UN Mechanism for accelerated provision of assistance established pursuant to Resolution 2720 is not a replacement for other preexisting aid efforts, and directs the Senior Coordinator ensure that the mechanism help to facilitate an immediate resumption of the provision of commercial goods including materials and equipment, which would complement aid deliveries and are necessary to repair and help ensure the functioning of critical infrastructure, provide essential services, and would lay the foundation for successful future reconstruction Gaza;
OP15. Emphasizes that humanitarian personnel and assets must be respected and protected and reiterates its demand that all parties scrupulously comply with their obligations under international law, including international humanitarian law and international human rights law, as applicable, in particular with regard to the protection of civilians and civilian objects, and deplores all attacks against civilians and civilian objects, as well as all violence and hostilities against civilians and all acts of terrorism;
OP16. Emphasizes also that hospitals, other medical facilities, medical personnel, units, and transport must be respected and protected by all parties in accordance with international humanitarian law;
OP17. Demands all parties to the conflict fully respect humanitarian notification and deconfliction mechanisms, and remediate any deficiencies, to help ensure the safety and security of United Nations and associated humanitarian personnel consistent with international humanitarian law, without prejudice to their freedom of movement and access, enable the immediate, safe, sustained and unhindered delivery of humanitarian assistance at scale directly to the Palestinian civilian population throughout the Gaza Strip, and also to help facilitate the movement of aid convoys and patients, in particular sick and injured children and their care givers;
OP18. Directs the parties to allow for the necessary equipment be provided to UN personnel and associated agencies, including satellite phones, radio equipment, armored vehicles, and other items necessary for their safety, contingent on the provision of assurances that such equipment will only be used for humanitarian purposes;
OP19. Stresses the key role of all UN humanitarian agencies in providing life-saving assistance, and in this regard welcomes the decision by the Secretary General to both immediately initiate an investigation of allegations that some United Nations and Relief Works Agency (UNRWA) personnel participated in the October 7 attacks, and also appoint an independent Review Group to assess whether UNRWA is doing everything within its power to ensure its neutrality, and underscores the vital importance of full cooperation, including the sharing of information with these investigations;
OP20. Rejects actions that reduce the territory of Gaza, including through the establishment officially or unofficially of so-called buffer zones, as well as the widespread, systematic demolition of civilian infrastructure:
OP21. Condemns calls by government ministers for the resettlement of Gaza and rejects any attempt at demographic or territorial change in Gaza;
OP22. Emphasizes the importance of preventing spillover in the region, including along the Blue Line, and, in this regard, calls on all parties to exercise maximum restraint;
OP23. Reaffirms its condemnation in the strongest terms of the attacks carried out by the Houthis on vessel, in the Red Sea and its demand that they cease immediately, consistent with Resolution 2722 (2024);
OP24. Stresses that lasting peace can only be based on an enduring commitment to mutual recognition, full respect for human rights, and freedom from violence and incitement to violence;
OP25. Reiterates its unwavering commitment to the vision of the two-State solution where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders, consistent with international law and relevant UN resolutions, and in this regard stresses the importance of unifying the Gaza Strip with the West Bank under the Palestinian Authority:
OP26. Decides to remain actively seized of the matter.
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