The Middle East, including the Palestinian Question: Vote on a Draft Resolution*
This afternoon (18 September), the Security Council is expected to vote on a draft resolution on the war between Israel and Hamas that was initiated by the Council’s ten elected members (E10). The draft text in blue demands that Israel immediately and unconditionally lifts all restrictions on the entry of humanitarian aid into Gaza and ensures its safe and unhindered distribution to the population in need of such assistance. It also calls for an immediate, unconditional, and permanent ceasefire and for the unconditional, dignified, and immediate release of all hostages held by Hamas and other armed groups. Additionally, it asks the Secretary-General to report to the Council within 30 days regarding the implementation of the resolution.
Negotiations on the draft started in late August in light of Israel’s announced intention to take over Gaza City and rising concerns about famine in the enclave. The text was revised as the situation on the ground developed, including following the start of Israel’s operation.
Background
Conditions in Gaza have continued to sharply deteriorate amid Israel’s escalating military campaign and the restrictions that the country has imposed on the entry of humanitarian aid into the territory. On Monday (15 September), Israel launched the main stage of its operation to take over Gaza City, the enclave’s largest urban centre, where one million people reportedly resided prior to the issuance of evacuation orders. The Israel Defense Forces (IDF) said that the offensive aimed to defeat Hamas and secure the release of the remaining hostages, estimating that up to 3,000 Hamas fighters remained in the city. It also estimated that 40 percent of the city’s residents had fled, further raising concerns about mass forced displacement in the enclave, as the UN has warned that the “humanitarian zone” that Israel has announced in the southern part of the territory does not ensure the safety of those forced to move there, nor provide adequate services. Those who remain in Gaza City risk their lives in a densely populated war zone: 91 Palestinians were killed there during the beginning of the Israeli operation on 15 September, according to media reports citing local health authorities. The total death toll in the enclave since the beginning of the war in October 2023 has surpassed 65,000.
The expanded military campaign is expected to worsen the already devastating humanitarian situation in Gaza, which has deteriorated rapidly since the end of the latest ceasefire in March, when Israel imposed a blockade on the entry of humanitarian aid and commercial goods into the territory. In late August, the Integrated Food Security Phase Classification (IPC) confirmed that famine is occurring in Gaza governorate—the metropolitan area that includes Gaza City—and was projected to spread to Deir al-Balah and Khan Younis governorates by the end of September. While Israel has since eased some of the restrictions it had previously imposed on the entry of humanitarian aid, remaining bureaucratic obstacles as well as looting and insecurity continue to impede aid delivery: according to the UN Office for the Coordination of Humanitarian Affairs (OCHA), as at 13 September, less than 35 percent of the 2,000 metric tonnes of food supplies required daily to meet basic humanitarian needs has been able to enter the Gaza Strip since 20 July, when regular food cargo uplifts from Gaza’s crossings resumed.
On 16 September, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel concluded that Israeli authorities have committed genocide in Gaza, finding evidence of four of the five genocidal acts listed in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Commission attributed responsibility to senior Israeli civilian and military leaders and called on states to cease arms transfers to Israel and to pursue accountability through legal proceedings. Previously, the Commission had found Israel responsible for war crimes and crimes against humanity in Gaza, and Palestinian armed groups responsible for war crimes in Israel in the context of the 7 October 2023 Hamas-led attacks.
The most recent Security Council vote on the war in Gaza took place on 4 June, when the US vetoed a draft resolution put forward by the E10 that demanded a ceasefire, the release of hostages, and the lifting of all restrictions on the entry of humanitarian aid into the territory. In its explanation of vote, the US criticised the draft for not condemning Hamas and portrayed the initiative as harmful to ceasefire negotiations mediated by the US, Egypt, and Qatar. All 14 other Council members voted in favour of the draft text.
Negotiations on the Draft Resolution
On 21 August, Council members discussed Israel’s planned occupation of Gaza City in closed consultations under “any other business”. At that session, Algeria apparently suggested that the E10 initiate a new draft resolution addressing the situation. After additional consultations within the group, it seems that the elected members decided to focus the draft resolution on the humanitarian situation in Gaza, reflecting the view that such an approach would be the most likely to garner consensus. On 26 August, Algeria introduced an initial draft text in line with this agreement. It included preambular language expressing alarm at the IPC report confirming famine in Gaza; expressing concern at Israel’s decision to further expand its military operation in the territory; and reaffirming that all parties must comply with their obligations under international law, including international humanitarian law. The draft text’s two main operative paragraphs demanded that Israel lift all restrictions on the entry of humanitarian aid into Gaza and requested the Secretary-General to report to the Security Council within 30 days on the resolution’s implementation.
This draft served as the basis for continued discussion among the E10, facilitated by Denmark as the group’s coordinator for the month of August. During this phase of consultations, it seems that members agreed to add preambular language recalling that the taking of hostages is prohibited under international law, based on an initial proposal from Greece.
On 29 August, following agreement among the E10, Denmark shared the draft resolution with the Council’s five permanent members (P5) for comments. The US apparently proposed a substantial rewrite of the text that replaced the aforementioned preambular and operative provisions with language recognising Hamas as a terrorist organisation; condemning the 7 October 2023 attack on Israel that the group led; and demanding that it immediately release all hostages, disarm, and leave the Gaza Strip. It seems that the US also requested the deletion of the paragraph demanding that Israel lift all restrictions on the entry of aid and instead proposed language urging all relevant actors to take steps to facilitate the delivery of humanitarian assistance and to ensure that aid does not fall into the hands of Hamas. France and the UK, for their part, apparently proposed language calling for an immediate ceasefire and the release of all hostages. It seems that Russia also proposed language calling for a ceasefire and requested deletion of the reference to the IPC report.
After additional internal consultations, the E10 shared a revised draft with the P5 on 6 September, inviting a new round of comments. It seems that the reference to the IPC report was deleted in this draft, and language on a ceasefire as a necessary step for scaling up humanitarian aid was added. In response, the US reiterated all the edits that it had previously requested, while France and the UK again proposed stronger language on a ceasefire and the release of hostages.
On 9 September, the E10 circulated a second revised draft, which included two new preambular paragraphs respectively calling for an immediate, unconditional, and permanent ceasefire in Gaza and for the immediate, dignified, and unconditional release of all hostages held by Hamas and other groups. The preambular paragraph expressing alarm at the IPC report was also reinserted. In response, it seems the US again reiterated its previous comments.
On Monday, the E10 shared a third revised draft with the P5, placing it under silence procedure until 2 pm yesterday (17 September). This draft moved the two preambular paragraphs calling for a ceasefire and the release of the hostages to the operative section and—responding to the most recent developments on the ground—revised language expressing grave concern at Israel’s expansion of its military operation in Gaza and calling for its immediate reversal. The US broke silence on that draft, apparently reiterating comments in line with the edits it had previously requested and again arguing that the product undermines ongoing diplomatic efforts on the ground. It seems that the E10 nonetheless considered the draft the fairest possible compromise and proceeded to put it in blue for a vote this afternoon.
At today’s vote, the US is expected to veto the draft resolution in light of its above-stated positions. This would be the sixth draft resolution on the Israel-Hamas war vetoed by the US since the conflict started on 7 October 2023. Despite the high probability of a US veto, however, it seems that the E10 chose to move forward with the vote to emphasise the need for the Security Council to uphold its responsibility for international peace and security in light of Israel’s expansion of its military campaign, the stagnation in ceasefire negotiations, and the rising humanitarian toll of the conflict.
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**Post-script: On 18 September, the Security Council voted on the draft resolution submitted by the Council’s ten elected members (E10). The draft text failed to be adopted owing to a veto by the US. The remaining 14 members voted in favour.
