16 No. 70 JUSTICE did condemn Hamas.6 Yet that “good number” was apparently not sufficient to support a resolution condemning the Palestinian terrorist organizations. This is in sharp contrast with the attitude of the UNSC after the terrorist attacks against the U.S. on September 11, 2001. The following day, the UNSC adopted Resolution 1368 (2001) unequivocally condemning the attacks in the strongest of terms.7 But not so in the case of the attack by Hamas. Since October 8, the UNSC has convened several times, without being able to obtain sufficient support for a resolution on the Hamas-initiated conflict. On October 16, 2023, the UNSC rejected a draft resolution proposed by the Russian Federation that condemned violence and terrorism against civilians, without condemning Hamas. Russia voted in favor, as did China, Gabon, Mozambique and the United Arab Emirates (UAE). France, Japan, the UK and the U.S. voted against, while six others abstained.8 B. The Secretary-General’s Remarks During one of the UNSC meetings, UN SecretaryGeneral Antonio Guterres remarked “that the attacks by Hamas did not happen in a vacuum.” Although he also stated that “the grievances of the Palestinian people cannot justify the appalling attacks by Hamas,” his remark can be reasonably seen as a kind of understanding for the perpetrators. This led to outrage in Israel. The UN Ambassador Gilad Erdan demanded Guterres’ resignation; Foreign Minister Eli Cohen cancelled a meeting with Guterres; and War Cabinet member Benny Gantz declared that “dark are the days when the United Nations SecretaryGeneral condones terror.”9 It has to be feared that the Secretary General gave expression not only to a personal lack of moral discernment, but also to a widely shared opinion within the UN community. C. The General Assembly’s First Resolution As a result of the inaction of the UNSC, the General Assembly stepped in by using the “Uniting for Peace”10 mechanism that allows the General Assembly to essentially take over when the UNSC fails to exercise its primary responsibility of maintaining international peace and security. This capability was created in 1950 during the Korean War when the Soviet Union obstructed the functioning of the UNSC. This led the General Assembly to adopt the Resolution on Uniting for Peace, which created the ability to convene an emergency special session of the General Assembly. In 1997, at the request of Qatar, it convened the Tenth Emergency Special Session on “Illegal Israeli actions in occupied East Jerusalem and the rest of the Occupied Palestinian Territory.” This session has been convened many times since then, already twice during the present war between Hamas and Israel.11 On October 27, 2023, the General Assembly adopted a resolution that condemns “all acts of violence aimed at Palestinian and Israeli civilians.”12 There were 121 votes in favor, including Belgium, France, and Ireland. However, some of the members who supported the resolution did not try to hide their anti-Israel sentiments or motivations. The representative of Pakistan declared that the crime originated with Israel, while his Syrian colleague had problems with equalizing what he called the Israeli aggressor and murderer with the occupied and victimized Palestinian people.13 Forty-four UN Member States abstained, including Canada, Australia, India, and the Netherlands. Only fourteen States voted against, including Austria, Israel, Papua New Guinea, and the U.S. The order of the sentence in the resolution is remarkable: first, Palestinians are mentioned as victims and the Israelis are mentioned subsequently. This formulation at least suggests that Israel started the hostilities. The resolution calls for an immediate, durable and sustained humanitarian truce leading to a cessation of hostilities. It demands that “all parties” comply with international humanitarian law and international human rights law. It calls for the 6. Edith M. Lederer, “U.S. demands condemnation of Hamas at UN meeting, but Security Council takes no immediate action,” PUBLIC BROADCASTING SERVICE, Oct. 9, 2023, available at https://www.pbs.org/newshour/ world/u-s-demands-condemnation-of-hamas-at-unmeeting-but-security-council-takes-no-immediate-action 7. UN SC Res. S/RES/1368, Sept. 12, 2001. 8. United Nations, “Security Council rejects Russian resolution on Gaza,” UN NEWS, Oct. 16, 2023, available at https:// news.un.org/en/story/2023/10/1142427 9. ToI Staff, “Israel demands UN chief resign after he says Hamas attacks ‘did not occur in vacuum’,” TIMES OF ISRAEL, Oct. 24, 2023, available at https://www.timesofisrael.com/ israel-livid-after-un-chief-says-hamas-attacks-did-notoccur-in-vacuum/ 10. UN GA Res. A/RES/377(V) Nov. 3, 1950. 11. It has been reconvened in 1998, 1999, 2000, 2001, 2002 (two times), 2003 (two times), 2004, 2006 (two times), 2009, 2017, 2018, and 2023 (two times). 12. UN GA Res. A/RES/ES-10/21, Oct. 27, 2023. 13. United Nations, “General Assembly Adopts Resolution Calling for Immediate, Sustained Humanitarian Truce Leading to Cessation of Hostilities between Israel, Hamas,” UN NEWS, Oct. 27, 2023, available at https://press.un. org/en/2023/ga12548.doc.htm
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