Dr.

Parasaran Rangarajan*
July 9
th
, 2014



A Palestinian U.N. Peacekeeping Contingent and Enforcing International Court of
Justice (ICJ) Advisory Opinions




The current escalation of violence or intifada between Hamas and Israel is a
product of the illegal occupation of the State of Palestine under the 4
th
Geneva
Conventions and customary international law. It can also be attributed to continued
illegal settlement activity in the West Bank of the
State of Palestine continuing negligence of the
international community in what is known as the
worlds largest open air prison
1
; the Gaza Strip
of the State of Palestine as it is virtually cut off
from the rest of the world due to illegal land and
sea blockades. The last conflict between the Gaza
militant factions of Hamas and the Palestinian
Islamic Jihad (PIJ) was in 2012 and ended with a
ceasefire agreement
2
. The current situation on the ground in Gaza is drastically different
than it was in 2012 as Hamas and the PIJ have acquired new long range missiles reaching
up to Haifa
3
. There is also the possibility of the Palestinian National Security Forces
(PASF) in the West Bank getting involved this time although it is monitored by Israel and
funded by the U.S.
4


In addition, the Israel Defence Forces (IDF) claim that there are 170,000 missiles
aimed towards it and it would certainly be a blood bath if there was all out war leading to
the cycle of firing these missiles with retaliatory airstrikes
5
with shortages in Gazas
hospitals due to the illegal blockade, etc. This was reported a few months ago as Israel
attributed these new missiles with reported navigation capabilities to a shipment from
Iran. Regardless of how they got there, it is in the interests of peace to return to the

* Consultant for the South Asia Analysis Group and Editor-in-chief for the International Law Journal of
London
1
"Gaza: The World's Largest Prison." Global Research. Global Research, n.d. Web.
<http://www.globalresearch.ca/gaza-the-world-s-largest-prison/829>.
2
"TEXT: Cease-fire Agreement between Israel and Hamas." Haaretz, 2012. Web.
<http%3A%2F%2Fwww.haaretz.com%2Fnews%2Fdiplomacy-defense%2Ftext-cease-fire-agreement-
between-israel-and-hamas.premium-1.479653>.
3
"Rockets Strike as Far North as Haifa." Israel National News. Arutz Sheva, n.d. Web.
<http://www.israelnationalnews.com/News/News.aspx/182702#.U73ExfldXkc>.
4
Zanotti, Jim. "U.S. Security Assistance to the Palestinian Authority."Congressional Research
Service (2010): n. pag. Congressional Research Service. Web. <http://fas.org/sgp/crs/mideast/R40664.pdf>.
5
"IDF Official: 170,000 Missiles Aimed at Israel." Arutz Sheva. N.p., n.d. Web.
<http://www.israelnationalnews.com/News/News.aspx/181537#.U73XYPldXkc>.
ceasefire agreement of 2012 according to U.S. White House Press Secretary Josh
Earnest
6
. To this effect, Hamas is ready as it has put forth 4 conditions for a ceasefire
7

including returning to the 2012 ceasefire, non-interference in the internal matters between
Fatah and Hamas, release of re-arrested prisoners who were freed in Shalit deal in 2011
which may be done in a phased release similar to what Israel offered to Fatah in the past
year or so, and an ease on the illegal sea blockade of Gaza.

The current Israeli plan of a ground invasion would be disastrous for Israel
according to expert Israeli analysts and senior Israeli Rabbis themselves. This is because
the last Israeli ground invasion of Gaza titled Cast Lead resulted in thousands of
Palestinian civilian deaths and the international community
was quick to point out the war crimes committed. However,
Palestine was not a state according to the U.N. at that time
so it could not seek justice at the International Criminal
Court (ICC) for the alleged war crimes. To further avoid
allegations and current substantial proof of war crimes such
as the crime of aggression as well as to avoid civilian
deaths in what is alleged as a continued genocide of the
Palestinian people since 1948, it would be best to negotiate
as players such as Egypt are assisting in negotiating a
ceasefire
8
as offered. Deviating from this would be certainly
be an act of aggression, prosecutable under Article 5 of the
Rome Statue
9
while there is the possibility of negotiations
on the table and furthermore; the militants in the Gaza Strip
which is a part of the State of Palestine is comparatively
weak compared to the jets and tanks Israel possess with U.S
taxpayers footing the bill for this (Nearly $3 Billion Military Aid Per Year To Israel).

While critics are quick to point out that the entire Palestinian government are
terrorists just because Hamas and the PIJ are on U.S. Foreign Terror Organization
(FTO) lists and the right to defense is justified, the U.S. Department of State made it clear
earlier this week that there is no evidence proving any connections
10
so attacking or
categorizing the entire Palestinian community itself would be illogical. Earlier this year,

6
"USPolicy." White House Press Briefing. U.S. Embassy In Belgium, n.d. Web.
<http://www.uspolicy.be/headline/white-house-press-briefing-241>.
7
"Hamas Sets Israel Four Conditions for Peace - World Bulletin." World Bulletin. N.p., n.d. Web.
<http://www.worldbulletin.net/todays-news/140296/hamas-sets-israel-four-conditions-for-peace>.
8
"Egypt's Sisi Pledges to Seek Gaza Ceasefire." The Daily Star Newspaper. N.p., n.d. Web.
<http://www.dailystar.com.lb/News/Middle-East/2014/Jul-09/263198-egypts-sisi-pledges-to-seek-gaza-
ceasefire.ashx#axzz36vsdVOuj>.
9
Rome Statute Of The International Criminal Court. Rome Statute (n.d.): n. pag. International Criminal
Court. Web. <http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-
0a655eb30e16/0/rome_statute_english.pdf>.
10
"State Dept: 'No Evidence That Hamas Plays Any Role' in Palestinian Govt."YouTube. YouTube, n.d.
Web. <https://www.youtube.com/watch?v=ss0S_TmxtD8>.
the island of Comoros referred Israel to the ICC
11
for its attack on a Turkish boat carrying
humanitarian supplies to Gaza as it was registered in the name of the island giving the
ICC jurisdiction under Article 12 (2)(a) of the Rome Statute and Turkey itself has filed
cases domestically against 4 former IDF Chiefs with official warrants sent to Interpol
12
.

The Arab League is also holding emergency meetings with the 15 member U.N.
Security Council to determine the next step to take on Gaza as Ambassador H.E. Dr.
Riyad Mansou; Permanent Representative of the State of Palestine has highlighted war
crimes under the 4
th
Geneva Conventions
13
. If the Palestinian Liberation Organization
(PLO) were to turn to the ICC, the international repercussions would be devastating as
even the U.S. would be hard pressed to justify its continued
support of Israel as senior U.S. leaders such as White House
Middle East Chief Philip Gordan recently put Israel on blast
earlier this week asking when they will recognize a separate
Palestinian state indicating that patience is running short
14
. The
European Union (E.U.) has also continued its support for the
State of Palestine
15
and has put several Israeli organizations on
the E.U. terror lists
16
.

Similar to what Mahatma Gandhi had stated; my sympathy is also with the Jews
of Israel but there can be no excuse for entering the holy land of the proud Arabs without
their consent and it is not to defend their excesses
but you cannot blame them either under the current
cannons of international law. With repeated
violations of international law by Israel and no
accountability, the ICC may be utilized now as the
State of Palestine has achieved the requirements
for membership of the court in acquiring U.N.
statehood. In addition, the State of Palestine may
also look at enforcing the prior International Court
of Justice (ICJ) ruling for international disputes
such as the advisory opinion of 2004 on the wall
17
.

11
"ICC Prosecutor Receives Referral from Comoros Regarding Mavi Marmara." Freegaza -. N.p., 15 May
2013. Web. <http://www.freegaza.org/en/home/56-news/1415-icc-prosecutor-receives-referral-from-
comoros-regarding-mavi-marmara.html>.
12
"Turkish Court Orders Arrest of Israeli Top Brass over Gaza Ship Raid."Maan News Agency. N.p., n.d.
Web. <http://www.maannews.net/eng/ViewDetails.aspx?ID=700166>.
13
"Arab, OIC, NAM Groups' Chairmen Meet UNSC Pres., UN Officials to Ponder next Move on Gaza."
KUNA, n.d. Web.
<http%3A%2F%2Fwww.kuna.net.kw%2FArticleDetails.aspx%3Fid%3D2386702%26language%3Den>.
14
"Top Obama Official Blasts Israel for Denying Palestinians Sovereignty, Security, Dignity." The Times
of Israel. N.p., n.d. Web. <http://www.timesofisrael.com/top-obama-official-blasts-israel-for-denying-
palestinians-sovereignty-security-dignity/>.
15
"Britains Largest Trade Union: Israel Is an Apartheid State." International Middle East Media Center
RSS. N.p., n.d. Web. <http://www.imemc.org/article/68400>.
16
"Palestinian FM Requests 'terrorist' Label for Militant Settlers - World Bulletin." World Bulletin. N.p.,
n.d. Web. <http://www.worldbulletin.net/world/136161/no-nuclear-deal-with-iran-unless-actions-
verifiable>.

Under Article 94 (1) of the U.N. Charter, all member
States are obliged to follow ICJ judgments and if they do not,
subsection 2 of Article 94 provides that the U.N. Security
Council may take action. However, a veto by a permanent
member of the U.N. Security Council during vote can
prevent any enforcement of the advisory opinion or issue.
This is what has prevented the State of Palestine from
becoming a full member state of the U.N. till today but this will not prevent the U.N.
from enforcing ICJ judgments. In addition, the U.N. has brought up the failure of the
Responsibility to Protect (R2P) on many times and this is a situation where it can be
revived. Due to the escalation of and continued violence in the State of Palestine and
Israel, the U.N. Security Council has the option of deploying a U.N. Peacekeeping
Contingent to protect both parties and uphold a ceasefire. However, as mentioned, the
veto power of the U.S. is of relevance but not fully effective.

Via U.N. General Assembly Resolution 377
18
which is known as the Uniting For
Peace Resolution, with 2/3
rd
majority of member States in the U.N. General Assembly,
the world may decide to override a U.S. veto at the U.N. Security Council. A 2/3
rd

majority at the U.N. General Assembly can also
set up an international tribunal to prosecute
Israeli leaders for various violations of
international law since 1948 or later just as the
International Criminal Tribunal For Rwanda
(ICTR) and International Criminal Tribunal for
the former Yugoslavia (ICTfY) was set up before
the inception of the ICC in 2002. This majority
can be found in Arab League, Organization of
Islamic Cooperation (OIC), and Non-Aligned
Movement (NAM). This cannot be used for
achieving full membership of the U.N. for various reasons as many nations tried when the
U.N. was first established in the late 1940s
19
but U.N. General Assembly Resolution 377
resolves:

that if the Security Council, because of lack of unanimity of the permanent members,
fails to exercise its primary responsibility for the maintenance of international peace and security
in any case where there appears to be a threat to the peace, breach of the peace, or act of
aggression, the General Assembly shall consider the matter immediately with a view to making

17
10 Years: ICJ Opinion. S.l.: League of Arab States?, 1958. Web.
<http://www.ochaopt.org/documents/ocha_opt_10_years_barrier_report_english.pdf>.
18
"A/RES/377(V) A of 3 November 1950." A/RES/377(V) A of 3 November 1950. N.p., n.d. Web.
<http://unispal.un.org/UNISPAL.NSF/0/55C2B84DA9E0052B05256554005726C6>.
19
" INTERVIEW WITH THE AMBASSADOR H.E. DR. RIYAD MANSOUR, Permanent
Representative of The State of Palestine To the United Nations." Interview With Ambassador of State of
Palestine To United Nations H.E. Dr. Riyad Mansour. International Law Journal of London, n.d. Web.
<http://www.internationallawjournaloflondon.com/interview-with-ambassador-of-state-of-palestine-to-
united-nations-h.e.-dr.-riyad-mansour.html>.
appropriate recommendations to Members for collective measures, including in the case of a
breach of the peace or act of aggression the use of armed force when necessary, to maintain or
restore international peace and security. If not in session at the time, the General Assembly may
meet in emergency special session within twenty-four hours of the request therefor. Such
emergency special session shall be called if requested by the Security Council on the vote of any
seven members, or by a majority of the Members of the United Nations;

This would apply to this matter of seeking permanent peace in Israel-Palestine as
it may be decided that the U.S. is not upholding responsibility for maintenance of
international peace and security when a permanent solution with a U.N. Peacekeeping
Contingent is possible to respond to the threat of peace, breach of peace, and act of
aggression as stated in U.N. General Assembly Resolution 377. U.N. General Assembly
Resolution 377 may also be used to bypass a U.S.
veto on any other matter including the
enforcement of ICJ advisory opinions such as the
issue of the separation wall and also new ICJ
advisory opinions Palestinians may seek with
regards to requesting a U.N. Peacekeeping
Contingent. This may be done through the ICJ as
it states its advisories have "peace-keeping
virtues"
20
. Current member of the U.N. Security
Council; the Hashemite Kingdom of Jordan may
start this process by using Rules 31 and 38 of the U.N. Security Council Rules of
Procedure to table the draft resolution calling for a Peacekeeping Contingent as the
Palestinian Ambassador to Spain has already requested the same. Alternatively, the
Uniting For Peace Resolution also allows an emergency meeting to convene.

It seems that the IDF would rather teach Palestinians a lesson rather than conduct
precision attacks on militants as civilian deaths outnumber militant deaths in their
military operations violating the 4
th
Geneva Conventions, international humanitarian law,
and adding to the claim of genocide as there is intent to exterminate (destroy) an ethnic
and national group with knowledge of danger to civilians but proceeding anyway after
civilian casualties or mens rea of intent. This is the legal definition of genocide
provided to us under customary international law, under Article 2 of the 1948 Geneva
Convention on the Prevention and Punishment of the crime of Genocide
21
, and Article 6
of the Rome Statue.

In this scenario, peace is required and the State of Palestine may approach the
ICC under Article 12 of the Rome Statute for prosecuting current Israeli leaders for
violations of international law, namely; war crimes, crimes of aggression, crimes against
humanity, and genocide. The State of Palestine may also approach the U.N. Security
Council with the support of the Arab League and also seek ICJ legal advisory opinion on
establishing a U.N. Peacekeeping Contingent to protect all parties involved and as

20
"International Court of Justice." Advisory Jurisdiction | . International Court of Justice, n.d. Web.
<http://www.icj-cij.org/jurisdiction/index.php?p1=5&p2=2>.
21
"Convention on Genocide." Convention on Genocide. HR Web, n.d. Web.
<http://www.hrweb.org/legal/genocide.html>.
mentioned, a U.S. veto would not matter as in the case of seeking membership as this
deals with international peace and security as well as the R2P Doctrine. Failure to do so
could bring up criminal liability for complicity and negligence.











































References



1. "Gaza: The World's Largest Prison." Global Research. Global Research, n.d. Web.
<http://www.globalresearch.ca/gaza-the-world-s-largest-prison/829>.

2. "TEXT: Cease-fire Agreement between Israel and Hamas." Haaretz, 2012. Web.
<http%3A%2F%2Fwww.haaretz.com%2Fnews%2Fdiplomacy-defense%2Ftext-cease-fire-
agreement-between-israel-and-hamas.premium-1.479653>.

3. "Rockets Strike as Far North as Haifa." Israel National News. Arutz Sheva, n.d. Web.
<http://www.israelnationalnews.com/News/News.aspx/182702#.U73ExfldXkc>.

4. Zanotti, Jim. "U.S. Security Assistance to the Palestinian Authority."Congressional Research
Service (2010): n. pag. Congressional Research Service. Web.
<http://fas.org/sgp/crs/mideast/R40664.pdf>.

5. "IDF Official: 170,000 Missiles Aimed at Israel." Arutz Sheva. N.p., n.d. Web.
<http://www.israelnationalnews.com/News/News.aspx/181537#.U73XYPldXkc>.

6. "USPolicy." White House Press Briefing. U.S. Embassy In Belgium, n.d. Web.
<http://www.uspolicy.be/headline/white-house-press-briefing-241>.

7. "Hamas Sets Israel Four Conditions for Peace - World Bulletin." World Bulletin. N.p., n.d. Web.
<http://www.worldbulletin.net/todays-news/140296/hamas-sets-israel-four-conditions-for-peace>.

8. "Egypt's Sisi Pledges to Seek Gaza Ceasefire." The Daily Star Newspaper. N.p., n.d. Web.
<http://www.dailystar.com.lb/News/Middle-East/2014/Jul-09/263198-egypts-sisi-pledges-to-seek-
gaza-ceasefire.ashx#axzz36vsdVOuj>.


9. Rome Statute Of The International Criminal Court. Rome Statute (n.d.): n. pag. International
Criminal Court. Web. <http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-
0a655eb30e16/0/rome_statute_english.pdf>.

10. "State Dept: 'No Evidence That Hamas Plays Any Role' in Palestinian Govt."YouTube. YouTube,
n.d. Web. <https://www.youtube.com/watch?v=ss0S_TmxtD8>.

11. "ICC Prosecutor Receives Referral from Comoros Regarding Mavi Marmara." Freegaza -. N.p.,
15 May 2013. Web. <http://www.freegaza.org/en/home/56-news/1415-icc-prosecutor-receives-
referral-from-comoros-regarding-mavi-marmara.html>.

12. "Turkish Court Orders Arrest of Israeli Top Brass over Gaza Ship Raid."Maan News Agency. N.p.,
n.d. Web. <http://www.maannews.net/eng/ViewDetails.aspx?ID=700166>.

13. "Arab, OIC, NAM Groups' Chairmen Meet UNSC Pres., UN Officials to Ponder next Move on
Gaza." KUNA, n.d. Web.
<http%3A%2F%2Fwww.kuna.net.kw%2FArticleDetails.aspx%3Fid%3D2386702%26language%
3Den>.

14. "Top Obama Official Blasts Israel for Denying Palestinians Sovereignty, Security, Dignity." The
Times of Israel. N.p., n.d. Web. <http://www.timesofisrael.com/top-obama-official-blasts-israel-
for-denying-palestinians-sovereignty-security-dignity/>.

15. "Britains Largest Trade Union: Israel Is an Apartheid State." International Middle East Media
Center RSS. N.p., n.d. Web. <http://www.imemc.org/article/68400>.

16. "Palestinian FM Requests 'terrorist' Label for Militant Settlers - World Bulletin." World Bulletin.
N.p., n.d. Web. <http://www.worldbulletin.net/world/136161/no-nuclear-deal-with-iran-unless-
actions-verifiable>.

17. 10 Years: ICJ Opinion. S.l.: League of Arab States?, 1958. Web.
<http://www.ochaopt.org/documents/ocha_opt_10_years_barrier_report_english.pdf>.

18. "A/RES/377(V) A of 3 November 1950." A/RES/377(V) A of 3 November 1950. N.p., n.d. Web.
<http://unispal.un.org/UNISPAL.NSF/0/55C2B84DA9E0052B05256554005726C6>.

19. INTERVIEW WITH THE AMBASSADOR H.E. DR. RIYAD MANSOUR, Permanent
Representative of The State of Palestine To the United Nations." Interview With Ambassador of
State of Palestine To United Nations H.E. Dr. Riyad Mansour. International Law Journal of
London, n.d. Web. <http://www.internationallawjournaloflondon.com/interview-with-ambassador-
of-state-of-palestine-to-united-nations-h.e.-dr.-riyad-mansour.html>.

20. "International Court of Justice." Advisory Jurisdiction | . International Court of Justice, n.d. Web.
<http://www.icj-cij.org/jurisdiction/index.php?p1=5&p2=2>.

21. "Convention on Genocide." Convention on Genocide. HR Web, n.d. Web.
<http://www.hrweb.org/legal/genocide.html>.


























Photography Credits



1. Hamas Rockets. Dollard, Pat. 2013. Web. < http://patdollard.com/wp-
content/uploads/2013/05/hamas-rockets_flash90_121115-article.jpg>

2. Gaza Map Sea. Fanack. 2011. Web.
<http://fanack.com/uploads/pics/CA_Gaza_map_sea_ocha_Oct_2011_318px.jpg>

3. US White House Logo. Wikimedia. Web.
<http://upload.wikimedia.org/wikipedia/commons/thumb/5/5e/US-WhiteHouse-Logo.svg/720px-
US-WhiteHouse-Logo.svg.png>

4. Dr. Parasaran Rangarajan With Ambassador H.E. Dr. Riyad Mansour, Permanent Representative
of the State of Palestine to the United Nations. Rangarajan, Parasaran. 2013.

5. Non Aligned Movement. Jharkhand State News. 2012. <http://www.jharkhandstatenews.com/wp-
content/uploads/2012/09/Non-Aligned-Movement.jpg>

6. United Nations General Assembly. Wikipedia. Web.
<http://upload.wikimedia.org/wikipedia/commons/0/04/United_Nations_General_Assembly.JPG>

7. ICJ. Australians For Palestine. 2010. Web. <http://australiansforpalestine.net/wp-
content/uploads/2010/02/ICJ.jpg>