General Assembly Fourth Committee

Transcription

1 Topic B: The Situation in the Middle East General Assembly Fourth Committee The pursuit of peace and progress cannot end in a few years in either victory or defeat. The pursuit of peace and progress, with its trials and its errors, its successes and its setbacks, can never be relaxed and never abandoned. 1 Dag Hammarskjöld The situation in the Middle East typically refers to disputes between Israel, Palestine, Syria, and Lebanon that stem from past conflict and ongoing occupation of the West Bank, East Jerusalem, Golan Heights, and Gaza. Not only have these disputes not been resolved, but hostilities between Israel and Palestine have escalated and the region is increasingly destabilizing, in part due to issues related to refugees, domestic conflict, and non-state actors. The United Nations (UN), specifically the Security Council (Council) and General Assembly (GA), have considered several aspects of the situation in the Middle East and several remain on the UN agenda. The Council alone passed ten resolutions on the Middle East in The Fourth Committee has consistently addressed issues related to the occupied Palestinian territories, Palestinian refugees, and the threats to human rights resulting from occupation, displacement, and related issues. Background The conflict between Israel and Palestine is the longest continuous conflict dealt with by the UN and is often considered the root cause of instability in the Middle East. The modern conflict began when the United Kingdom, which administered the territory, announced its desire to terminate the British Mandate for Palestine in Before the mandate s conclusion, the GA endorsed the Plan of Partition with Economic Union in A/RES/181(II), which would create independent Arab and Jewish States and place Jerusalem under an international regime. 3 The plan was met with strong opposition from Palestinians and neighboring Arab States, which led to immediate hostilities when the British Mandate expired in Israeli Independence and Occupation On May 15 th, 1948, Israel declared independence and the following day Egypt, Jordan, and Syria entered Palestine, initiating the 1948 Arab-Israeli War. Conflict lasted almost ten months 1 United Nations. 70 Years-Eight Secretaries-General. <un.org/un70/en/timelines/secretaries-general>. 2 League of Nations. "Mandate for Palestine." C.529.M VI. <unispal.un.org/unispal.nsf/0/2fca2c68106f11ab05256bcf007bf3cb>. 3 United Nations Truce Supervision Organization. "UNTSO Background." <un.org/en/peacekeeping/missions/untso/background>. 4 Ibid. 1

2 during that time over 700,000 Palestinians were displaced. As refugees flowed into neighboring States, the UN was compelled to assist and created what would become the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). In an effort to end the conflict, the Council passed S/RES/50, which called for a cease-fire and led to the establishment of the UN Truce Supervision Organization (UNTSO), the first UN observer mission. 5 A tense peace lasted until 1956, when a dispute between Israel and Egypt over the Suez Canal required international intervention in the form of the UN Emergency Force, the first UN peacekeeping operation. 6 Full-scale violence didn t break out again until 1967, when Israel initiated attacks on Egypt, Iraq, Jordan, and Syria in response to Egypt s request for the removal of Suez Canal peacekeepers and subsequent closing of sea Routes to Israel. Israeli forces took control of Egyptian territory in the Sinai Peninsula and Syrian territory in the Golan Heights, leading to the adoption of S/RES/242, which called for the withdrawal of those forces. 7 Escalating Violence The next decade was a period of transition. Not only was the Palestinian Liberation Organization (PLO) recognized as the legitimate representative of the Palestinian people by the UN in 1974, but the character of violence changed as terrorist attacks, bombings, and border skirmishes became the norm. 8 Tensions also rose sharply between Israel and Syria, resulting in the 1973 Arab-Israeli War and the establishment of the United Nations Disengagement Observer Force (UNDOF). Still, a multitude of peace efforts were initiated, many of which were orchestrated by the United States (US). Of the highest significance is the Framework for Peace in the Middle East, which called for Palestinian self-government in the West Bank and Gaza and treaties to be established between Israel and its Arab neighbors. 9 The framework was not received well by all parties the only treaty to materialize was the Egypt-Israel Peace Treaty and hostile parties responded by launching guerilla attacks into Israel from Southern Lebanon and Syria. Israel retaliated by launching a full-scale invasion of Lebanon, which evoked a significant international response, including from the Security Council, which then adopted S/RES/ Struggles in the Peace Process Peace efforts came to a halt in 1990 when Iraq invaded Kuwait. The ensuing Gulf War allowed the US to gain persuasive power as it formed a regional coalition and, after the war was over, the 5 United Nations Truce Supervision Organization. "UNTSO Background." <un.org/en/peacekeeping/missions/untso/background>. 6 United Nations. "Middle East-UNEF I: Background." <un.org/en/peacekeeping/missions/past/unef1backgr1.html>. 7 Pubantz, Jerry, and John A. Moore. "Middle East War of 1967." Encyclopedia of the United Nations. 8 Pubantz, Jerry, and John A. Moore. "Arab-Israeli dispute" Encyclopedia of the United Nations. 9 Carter, Jimmy. "Camp David Accords." Encyclopedia Britannica. <britannica.com/ebchecked/topic/91061/>. 10 United Nations. S/RES/509. <unispal.un.org/unispal.nsf/0/ef27dfb7553f df006497f6>. 2

3 US pushed for a conference that resulted in the Oslo Accords. The PLO and Israel, for the first time, recognized their mutual legitimacy, a Palestinian authority was established, and a plan was outlined that would allow for the eventual transfer of most of the occupied territories to Palestinian control. 11 Although much of the promise of the accords went unfulfilled, the agreement is partially responsible for the Israeli withdrawal from Southern Lebanon and helped further the peace process. Progress continued until 1995 when the Israeli Prime Minister Yitzhak Rabin was assassinated by a religious Palestinian nationalist. The administrations that succeeded him strongly opposed any additional concessions to the Palestinian Authority. The peace process had been stalled again. With the exception of the US-led Sharm el-sheikh Memorandum, a weak agreement that resulted in only a brief pause in violence, subsequent attempts at negotiation resulted in failure and tensions rose in the streets of the West Bank. 12 After the terrorist attacks in the US on September 11 th, 2001, negotiations between the two sides collapsed completely and Israel escalated its use of force, stating it was operating within the war on terrorism declared by the US. 13 As part of its new policies, Israel decided to unilaterally and permanently impose a division of the territories between Israelis and Palestinians. The ultimate manifestation of this policy would be the West Bank Barrier, a 708 kilometer wall that, according to an Advisory Opinion issued by the International Court of Justice (ICJ) in 2004, violated international law. 14 This action would lead to UNRWA establishing the Barrier Monitoring Unit to significantly improve the documentation of the West Bank Barrier s impacts on Palestine refugee communities and strengthen advocacy for better access to land, livelihoods, and services while building local capacity. 15 The American reaction to September 11 th was far more external than that of Israel. Their first course of action was to strike against the Taliban, which had taken control of Afghanistan in 1996 and provided a safe haven for al-qaeda, the group responsible for carrying out the 2001 attacks on the US. 16 By 2002, the Taliban had been unseated and Afghanistan entered a long period of post-conflict reconstruction marred by insurgency. US action in the region continued with the 2003 invasion of Iraq, which was met with strong opposition from the Arab States. The US, in an effort to diminish the negative regional response, stepped up efforts to solve the Arab- Israeli dispute. The US, Russia, European Union, and UN established the Quartet, which subsequently produced a vision of a permanent two state solution in the Roadmap for peace. 17 Unfortunately, the roadmap has not been acted upon the Israeli government maintained its 11 "Declaration of Principles on Interim Self-Government Arrangements." <refworld.org/docid/3de5e96e4.html>. 12 Pubantz, Jerry, and John A. Moore. "Arab-Israeli dispute." Encyclopedia of the United Nations. 13 Ibid. 14 United Nations Relief and Works Agency for Palestine Refugees in the Near East. "Barrier Monitoring Unit." <unrwa.org/newsroom/features/barrier-monitoring-unit?id=908>. 15 Ibid. 16 Witte, Griff. "Afghanistan War." Encyclopedia Britannica. <britannica.com/ebchecked/topic/ /afghanistan-war>. 17 Pubantz, Jerry, and John A. Moore. "Quartet, the" Encyclopedia of the United Nations. 3

4 unilateral course of action and Hamas, an Islamic militant group, won a political majority in Palestine, hampering any efforts to restart peace talks. 18 In the time since the Hamas victory, violence between Israel and Palestine has intensified, the humanitarian situation has worsened, and the region has become increasingly destabilized. Current Situation Peace between Israel and Palestine or in the greater Middle East seems distant. Almost all of the institutions established by the international community to address the Arab-Israeli conflict, including UNTSO, UNRWA, and UNDOF, are still operational out of necessity. A recent Secretary-General report, A/69/347, was highly critical of ongoing Israeli practices that affect human rights in the occupied territories. 19 The report reiterated the illegality of the West Bank Barrier as outlined in the ICJ s 2004 advisory opinion, which stated that the wall severely impedes the exercise by the Palestinian people of its right to self-determination. 20 The report was also critical of the extrajudicial detention of Palestinians in Israel, the ongoing blockade of the Gaza Strip, and the excessive use of force by Israeli security forces, all of which inhibit the realization of the human rights of Palestinians. 21 Israel also faces increasing international scrutiny for its continued expansion of settlements, especially in the West Bank where the number of Israeli settlers now exceeds 350, Of course, Israel is not solely responsible for the conflict they often state that their actions and polices are required to protect their sovereignty and national security. The Israeli Defense Forces state that since Israel withdrew from the Gaza Strip in 2005, more than 11,000 rockets have been fired by Hamas and other terrorist organizations and that these rockets threaten a majority of Israel s population. 23 Regional stability is also threatened by an increasing number of countries in political transition. Uprisings and protests, many of which began in 2011 and were referred to collectively as the Arab Spring, were heralded by some in the West as ushering in a new era of democracy in the Middle East. Unfortunately, many of the affected States have not only been unable to transition to a democracy, but have been plunged into unrest and conflict, which often spills over into the rest of the region. 24 Other factors, particularly high levels of refugees and the emergence of non- State actors, serve to further destabilize the region and inhibit peace processes. 18 BBC News. "Hamas sweeps to election victory." <news.bbc.co.uk/2/hi/middle_east/ stm>. 19 United Nations. "Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem: Report of the Secretary-General." A/69/347. <daccess-ddsny.un.org/doc/undoc/gen/n14/516/23/pdf/n pdf?openelement>. 20 Ibid. 21 Ibid. 22 Rudoren, Jodi, and Jeremy Ashkenas. "Netanyahu and the Settlements." <nytimes.com/interactive/2015/03/12/world/middleeast/netanyahu-west-bank-settlements-israel-election.html>. 23 Israeli Defense Forces. "Rocket Attacks on Israel From Gaza." <idfblog.com/facts-figures/rocket-attacks-towardisrael/>. 24 Alsaidi, Abdullah. "Spillover of the Arab Spring." <theglobalobservatory.org/spillover-of-the-arab-spring/>. 4

5 Increasingly Destabilized States Several States in the Middle East are suffering from civil unrest and strife, internal conflicts, and institutions that lack, or have lost, the capacity to maintain stability and good governance. Some countries, like Bahrain, have had large and vocal movements that have impacted stability and solicited government response. Other States, such as Lebanon, are at high risk of political and religious violence, a situation that is exacerbated by nearby conflicts. Syria is embroiled in a civil war that began in 2011 rebels currently control much of their territory and a 2014 coup d'état in Yemen has led to a collapse of government and a humanitarian disaster. Of course, not all States have plunged into dysfunction. Egypt appears to be emerging from its internal strife, having successfully conducted an election, and some States, such as Saudi Arabia and Qatar, have been relatively successful in maintaining stability and continuing to pursue development. Refugees and Internally Displaced People The various conflicts throughout the region have created a massive refugee problem. Over 5 million Palestinian refugees are currently eligible for UNRWA services and the conflict in Syria has caused more than 3 million people to flee to other countries in the region. 25 In many cases, refugees suffer from a lack of access to necessities and basic services, including food, clean water, and education. Additionally, refugees place high levels of economic and political strain on their host countries, perpetuating instability. Internally displaced people (IDPs) are becoming increasingly common in the region, particularly in Iraq and Yemen due to their deteriorating security situations, and in Syria, which currently hosts over 6.5 million IDPs. 26 The UN High Commissioner for Refugees (UNHCR) has struggled to assist countries in the Middle East due to its limited resources, and some States have been accused of violating the Convention relating to the Status of Refugees due to their treatment of or refusal to accept refugees from the region. 27 Emergence of Non-State Actors For the purposes of Security Council Resolution 1540, a non-state actor is an individual or entity, not acting under the lawful authority of any State. 28 Such groups, which operate without regard to borders or rule of law, increasingly threaten international peace and security, especially in the Middle East. The Islamic State in Iraq and the Levant (ISIL) controls huge chunks of Iraqi and Syrian territory, and the border between the countries has eroded to near non-existence UN Refugee Agency. "2015 UNHCR regional operations profile - Middle East and North Africa (MENA)." <unhcr.org/pages/4a02db416.html>. 26 Ibid. 27 United Nations. Convention relating to the Status of Refugees. <unhcr.org/3b66c2aa10.html>. 28 United Nations. S/RES/1540. <daccess-dds-ny.un.org/doc/undoc/gen/n04/328/43/pdf/n pdf >. 29 Fisher, Lucy. "Isis and the global rise of non-state actors." <newstatesman.com/international-politics/2014/06/isisand-global-rise-non-state-actors>. 5

6 Yemen has struggled to confront al-qaeda in the Arab Peninsula (Aqap), which has worsened an already difficult political situation. Combatting these groups is challenging and there is often disagreement regarding the validity of various entities. For example, many Western countries classify Hamas and Hezbollah as terrorist organizations, although they have gained some level of political legitimacy in Palestine and Lebanon. The Council has taken some action under the legally binding Chapter VII of the United Nations Charter, expressed concern regarding territorial acquisition and widespread human rights abuses by some non-state actors, and placed sanctions on individuals associated with certain groups, including ISIL, Aqap, and the Al Nusrah Front. Future Outlook The UN has often stated that the question of Palestine is the root cause of conflict in the Middle East and that no just and lasting peace can be achieved in the region without allowing the Palestinian people to fully exercise their human rights, including the right to self-determination. Given the intractable nature of the Israeli-Palestinian dispute and recent improvements in the security situation, maintenance of the status quo is not viewed as unreasonable by some States. However, the broader situation is indicative of a changing regional conflict pattern that, if left unchecked, could threaten the sovereignty and territorial integrity of States in the Middle East and beyond. 30 While the maintenance of international peace and security is principally a task of the Security Council, the Fourth Committee must continue to address issues related to the occupied Palestinian territories, refugees and displacement, and the threats to human rights resulting from occupation. Emerging concerns, such as the instability caused by political transitions, a lack of government capacity and good governance, and the prevalence of non-state actors, will likely be increasingly addressed by the General Assembly, especially as they affect the protection and promotion of human rights, State sovereignty, and territorial integrity. Focus Questions 1. Does your country recognize Israel? Palestine? Both? Neither? 2. Which aspects of the situation in the Middle East will most affect your country/region? 3. What role does the UN or the Quartet have to play in finding a diplomatic solution to the Arab-Israeli dispute? Can Chapter VI of the United Nations Charter be used? 4. What actions can the international community take to help protect the human rights of refugees and civilian populations in the Middle East? 30 Hollis, Rosemary. "Israeli-Palestinian crisis: why this latest conflict cannot be considered a sideshow." <theguardian.com/commentisfree/2014/jul/26/israel-palestine-middle-east-uprisings-conflict>. 6

7 5. Has your region been host to an intractable conflict that might influence your country s position on how to address this situation? 6. What can the international community agree on with regards to the situation in the Middle East and on which aspects of the topic is it most likely to reach consensus? 7

8 Works Cited Alsaidi, Abdullah. "Spillover of the Arab Spring." The Global Observatory. 12 June <theglobalobservatory.org/2012/06/spillover-of-the-arab-spring/>. BBC News. "Hamas sweeps to election victory." 26 Jan <news.bbc.co.uk/2/hi/middle_east/ stm>. Carter, Jimmy. "Camp David Accords." Encyclopedia Britannica <britannica.com/ebchecked/topic/91061/camp-david-accords>. Fisher, Lucy. "Isis and the global rise of non-state actors." New Statesman, 23 June <newstatesman.com/international-politics/2014/06/isis-and-global-rise-non-state-actors>. Hollis, Rosemary. "Israeli-Palestinian crisis: why this latest conflict cannot be considered a sideshow." The Guardian. 26 July <theguardian.com/commentisfree/2014/ jul/26/israel-palestine-middle-east-uprisings-conflict>. Israeli Defense Forces. "Rocket Attacks on Israel From Gaza." 21 June <idfblog.com/facts-figures/rocket-attacks-toward-israel/>. Pubantz, Jerry, and John A. Moore. Encyclopedia of the United Nations. 2nd ed Rudoren, Jodi, and Jeremy Ashkenas. "Netanyahu and the Settlements." The New York Times 12 Mar <nytimes.com/interactive/2015/03/12/world/middleeast/netanyahu-west-banksettlements-israel-election.html >. United Nations. "Middle East - UNEF I: Background." <un.org/en/peacekeeping/missions/past/unef1backgr1.html>. United Nations Truce Supervision Organization. "UNTSO Background." <un.org/en/peacekeeping/missions/untso/background.shtml>. United Nations Refugee Agency "2015 UNHCR regional operations profile - Middle East and North Africa (MENA)." <unhcr.org/pages/4a02db416.html>. United Nations Relief and Works Agency for Palestine Refugees in the Near East. "Barrier Monitoring Unit." 18 Feb <unrwa.org/newsroom/features/barrier-monitoring-unit>. Witte, Griff. "Afghanistan War." Encyclopedia Britannica <britannica.com/ebchecked/topic/ /afghanistan-war>. 8