Wednesday, December 31, 2014

U.N. Security Council: The Meaning of Resolution 242

U.N. Security Council:
The Meaning of Resolution 242


Security CouncilTable of Contents | Resolutions on Israel | U.S. Vetoes


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On November 22, 1967, the UN Security Council unanimously adopted Resolution 242, establishing the principles that were to guide the negotiations for an Arab-Israeli peace settlement. This resolution was a tortuously negotiated compromise between competing proposals. By examining what was discarded as well as the language that appears, it is possible to discern the Security Council's intent.
The first point addressed by the resolution is the "inadmissability of the acquisition of territory by war." Some people read 242 as though it ends here and the case for requiring a total Israeli withdrawal from the territories is proven. On the contrary, this clause does no such thing, because the reference clearly applies only to an offensive war. If not, the resolution would provide an incentive for aggression. If one country attacks another, and the defender repels the attack and acquires territory in the process, the former interpretation would require the defender to return the land it took. Thus, aggressors would have little to lose because they would be insured against the main consequence of defeat.
The ultimate goal of 242, as expressed in paragraph 3, is the achievement of a "peaceful and accepted settlement." This means a negotiated agreement based on the resolution's principles rather than one imposed upon the parties. This is also the implication of Resolution 338, according to Arthur Goldberg, the American ambassador who led the delegation to the UN in 1967. That resolution, adopted after the 1973 war, called for negotiations between the parties to start immediately and concurrently with the cease­fire.

Withdrawal from Territories

The most controversial clause in Resolution 242 is the call for the "Withdrawal of Israeli armed forces from territories occupied in the recent conflict." This is linked to the second unambiguous clause calling for "termination of all claims or states of belligerency" and the recognition that "every State in the area" has the "right to live in peace within secure and recognized boundaries free from threats or acts of force."
The resolution does not make Israeli withdrawal a prerequisite for Arab action. Moreover, it does not specify how much territory Israel is required to give up. The Security Council did not say Israel must withdraw from "all the" territories occupied after the Six-Day war. This was quite deliberate. The Soviet delegate wanted the inclusion of those words and said that their exclusion meant "that part of these territories can remain in Israeli hands." The Arab states pushed for the word "all" to be included, but this was rejected. They nevertheless asserted that they would read the resolution as if it included the word "all." The British Ambassador who drafted the approved resolution, Lord Caradon, declared after the vote: "It is only the resolution that will bind us, and we regard its wording as clear."
This literal interpretation was repeatedly declared to be the correct one by those involved in drafting the resolution. On October 29, 1969, for example, the British Foreign Secretary told the House of Commons the withdrawal envisaged by the resolution would not be from "all the territories." When asked to explain the British position later, Lord Caradon said: "It would have been wrong to demand that Israel return to its positions of June 4, 1967, because those positions were undesirable and artificial."
Similarly, Amb. Goldberg explained: "The notable omissions-which were not accidental-in regard to withdrawal are the words 'the' or 'all' and 'the June 5, 1967 lines'....the resolution speaks of withdrawal from occupied territories without defining the extent of withdrawal."
The resolutions clearly call on the Arab states to make peace with Israel. The principal condition is that Israel withdraw from "territories occupied" in 1967, which means that Israel must withdraw from some, all, or none of the territories still occupied. Since Israel withdrew from 91% of the territories when it gave up the Sinai, it has already partially, if not wholly, fulfilled its obligation under 242.
The Arab states also objected to the call for "secure and recognized boundaries" because they feared this implied negotiations with Israel. The Arab League explicitly ruled this out at Khartoum in August 1967, when it proclaimed the three "noes." Amb. Goldberg explained that this phrase was specifically included because the parties were expected to make "territorial adjustments in their peace settlement encompassing less than a complete withdrawal of Israeli forces from occupied territories, inasmuch as Israel's prior frontiers had proved to be notably insecure."
The question, then, is whether Israel has to give up any additional territory. Now that peace agreements have been signed with Egypt and Jordan, the only remaining territorial disputes are with Lebanon and Syria. Israel's conflict with Lebanon is a result of fighting after 1967 and is therefore irrelevant to 242 (Israel has said it would withdraw to the international border if a treaty is signed and the central government takes control of northern border areas currently in the hands of terrorist groups).
The dispute with Syria is over the Golan Heights. Israeli Prime Minister Yitzhak Rabinexpressed a willingness to negotiate a compromise in exchange for peace; however, President Hafez Assad refused to consider even a limited peace treaty unless Israel first agreed to a complete withdrawal. Under 242, Israel has no obligation to withdraw from any part of the Golan in the absence of a peace accord with Syria.
It is also important to realize that other Arab states that continue to maintain a state of war with Israel, or have refused to grant Israel diplomatic recognition, such as Saudi ArabiaIraq and Libya have no territorial disputes with Israel. They have nevertheless conditioned their relations (at least rhetorically) on an Israeli withdrawal to the pre-1967 borders.
Although ignored by most analysts, Resolution 242 does have other provisions. One requirement in that section is that freedom of navigation be guaranteed. It is important to remind people this clause was included because a principal cause of the 1967 war wasEgypt's blockade of the Strait of Tiran.

Israel's Obligations to the Palestinians

The Palestinians are not mentioned anywhere in Resolution 242. They are only alluded to in the second clause of the second article of 242, which calls for "a just settlement of the refugee problem." Nowhere does it require that Palestinians be given any political rights or territory. In fact, the use of the generic term "refugee" was a deliberate acknowledgment that two refugee problems were products of the conflict-one Arab and another Jewish. In the case of the latter, almost as many Jews fled Arab countries as Palestinians left Israel. The Jews, however, were never compensated by the Arab states, nor were any UN organizations ever established to help them.
In a statement to the General Assembly October 15, 1968, the PLO, rejecting Resolution 242, said "the implementation of said resolution will lead to the loss of every hope for the establishment of peace and security in Palestine and the Middle East region."
By contrast, Amb. Abba Eban expressed Israel's position to the Security Council on May 1, 1968: "My government has indicated its acceptance of the Security Council resolution for the promotion of agreement on the establishment of a just and lasting peace. I am also authorized to reaffirm that we are willing to seek agreement with each Arab State on all matters included in that resolution."
It took nearly a quarter century, but the PLO finally agreed that Resolutions 242 and 338 should be the basis for negotiations with Israel when it signed the Declaration of Principles in September 1993.

UNSC Resolutions on Israel:
Resolution 242

(November 22, 1967)


UNSC ResolutionsTable of Contents | 2000-Present | 1980-1999


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On November 22, 1967, just more than six months after the conclusion of the Six-Day War, the UN Security Council unanimously adopted Resolution 242, establishing the principles that were to guide the negotiations for an Arab-Israeli peace settlement. This resolution was a tortuously negotiated compromise between competing proposals and the language that appears was expressely intended to convey specific meaning.

The Security Council,
Expressing its continuing concern with the grave situation in the Middle East,
Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,
Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter.
1. Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
(i) Withdrawal of Israeli armed forces from territories occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
2. Affirms further the necessity:
(a) For guaranteeing freedom of navigation through international waterways in the area;
(b) For achieving a just settlement of the refugee problem;
(c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;
3. Requests the Secretary-General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;
4. Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.

U.N. Security Council:
U.S. Statement on Passage of Resolution 242

(November 22, 1967)


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[Statement submitted by U.S. Ambassador Arthur Goldberg]
The United States is gratified that the United Kingdom draft resolution has received the unanimous support of the Council. As I made clear in my brief intervention before the vote, we have voted for the resolution because we find it entirely consistent with the policy of the United States Government on the Middle East — the five principles enunciated by President Johnson in his statement of June 19 and my several statements in the Council since then.
We trust—and we believe this Council has the right to expect—that the parties concerned, without prejudice to their respective positions, will receive the United Nations representative and cooperate with him in the peacemaking process which this resolution sets in motion.
Success will depend, in the final analysis, upon the spirit in which the parties receive him and work with him to find solutions that will permit the Middle East to benefit from a permanent state of peace, security, justice, and tranquility. For this reason, we strongly urge all parties not only to participate in the peacemaking process but to do so with the maximum spirit of accommodation, of respect for others' vital interests and legitimate grievances, of mutual accommodation and magnanimity.
Were it not for the fact that the United Kingdom resolution was so delicately balanced and our realization that the offering of any amendments, from any sources, could have upset that balance and jeopardized the chance of successful action by this Council, my delegation would have offered an amendment so that the Council could have endorsed the need to achieve a limitation on the wasteful and destructive arms race in the Middle East. This was one of President Johnson's five points. We have taken particular note of, and have been encouraged by, the fact that a provision to this effect was included in the draft resolution placed before the Council by the Soviet Union, as it was in our draft resolution.
We do not conceive that the mandate of the special representative to be designated by the Secretary-General excludes his exploring this important and urgent requirement of peace as he establishes and maintains contacts with the states concerned. His mandate encompasses the search for a just and lasting peace-and in pursuing this search, he should be encouraged by the fact that two great powers, the Soviet Union and the United States, have indicated a willingness to have the problem of a limitation on the arms race discussed and explored.
As for my own Government, we have stated before, and I renew that statement now, that the United States will use every resource of diplomacy including cooperating with the special representative to find a course which will put an end to the waste and the futility of the arms race in the Middle East. The beginning but only a beginning-can be made if the United Nations, as we have proposed, would call upon all of its members to report all shipments of all military arms into the area and keep those shipments on file for all the peoples of the world to observe.
The special representative will need all the help and support he can get-both from the parties and from the international community. I have already given my Government's pledge on this score, and I wish to reiterate it again today: a pledge to this Council and to the parties concerned that the diplomatic and political influence of the United States Government will be exerted in support of the efforts of the United Nations representative to achieve a fair and equitable and dignified settlement so that all in the area can live in peace, security, and tranquility.
Similar pledges from other members of the Council and the United Nations, particularly those with great diplomatic and political influence, would be invaluable. For they would not only lend weight to the efforts of the special representative, but they would help to reassure all the peoples of the Middle East that they are not alone as they turn their attention to the search for the foundations of a just and durable peace.
In creating the framework of peace in the Middle East, the Security Council took the first step last June—by helping to bring about a cease-fire. It is vitally important that the cease-fire be maintained. Violations by any party cannot and must not be condoned.
Today we have taken a second step, the appointment of a special representative to go to the area in order to promote agreement and assist efforts to achieve a peaceful settlement. And for those who sometimes wonder about the value and effectiveness of the United Nations, perhaps in these two steps we have provided an answer to those worries and concerns.

Resolution 242 (1967)
of 22 November 1967

The Security Council,

Expressing its continuing concern with the grave situation in the Middle East,

Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,

Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter,

1. Affirms that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:

(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;

(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;

2. Affirms further the necessity

(a) For guaranteeing freedom of navigation through international waterways in the area;

(b) For achieving a just settlement of the refugee problem;

(c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;

3. Requests the Secretary-General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;

4. Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.
Adopted unanimously at the 1382nd meeting.

UN Security Council Resolution 242 Adopted: November 22, 1967 Eli E. Hertz Resolution 242 is the cornerstone for what it calls “a just and lasting peace.” It calls for a negotiated solution based on “secure and recognized boundaries” – recognizing the flaws in Israel’s previous temporary borders – the 1948 Armistice lines or the “Green Line”1 – by not calling upon Israel to withdraw from ‘all occupied territories,’ but rather “from territories occupied.” The United Nations Security Council adopted Resolution 242 in 1967 following the Six-Day War.2 It followed Israel’s takeover of the Sinai Peninsula and Gaza Strip from Egypt, the Golan Heights from Syria, and the West Bank from Jordan. The resolution was to become the foundation for future peace negotiations. Yet contrary to Arab contentions, a careful examination of the resolution will show that it does not require Israel to return to the June 4, 1967 Armistice lines or “Green Line.” Resolution 242 was approved on November 22, 1967, more than five months after the war. Although Israel launched a pre-emptive and surprise strike at Egypt on June 5, 1967, this was a response to months of belligerent declarations and actions by its Arab neighbors that triggered the war: 465,000 enemy troops, more than 2,880 tanks and 810 aircrafts, preparing for war, surrounded Israel in the weeks leading up to June 5, 1967. In addition, Egypt had imposed an illegal blockade against Israeli shipping by closing the Straits of Tiran, the Israeli outlet to the Red Sea and Israel’s only supply route to Asia – an act of aggression – in total violation of international law. In legal parlance, those hostile acts are recognized by the Law of Nations as a casus belli [Latin: Justification for acts of war]. The Arab measures went beyond mere power projection. Arab states did not plan merely to attack Israel to dominate it or grab territory; their objective was to destroy Israel. Their own words leave no doubt as to this intention. The Arabs meant to annihilate a neighboring state and fellow member of the UN by force of arms:3 • “We intend to open a general assault against Israel. This will be total war. Our basic aim will be to destroy Israel.” (Egyptian President Gamal Abdel-Nasser, May 26, 1967) • “The sole method we shall apply against Israel is total war, which will result in the extermination of Zionist existence.” (Egyptian Radio, ‘Voice of the Arabs,’ May 18, 1967) © 2009, Eli E. Hertz 1 UN Security Council Resolution 242 © 2009, Eli E. Hertz 1 UN Security Council Resolution 242• “I, as a military man, believe that the time has come to enter into a battle of annihilation.” (Syrian Defense Minister Hafez al-Assad, May 20, 1967) • “The existence of Israel is an error which must be rectified. ... Our goal is clear – to wipe Israel off the map.” (Iraqi President Abdur Rahman Aref, May 31, 1967) Arab declarations about destroying Israel were made preceding the war when control over the West Bank and the Gaza Strip (or Sinai and the Golan Heights) were not in Israel’s hands, and no so-called Israeli occupation existed. That is why the UN Security Council recognized that Israel had acquired the territory from Egypt, Jordan, and Syria not as a matter of aggression, but as an act of self-defense. That is also why Resolution 242 was passed under Chapter VI of the UN Charter rather than Chapter VII. As explained above, UN resolutions adopted under Chapter VI call on nations to negotiate settlements, while resolutions under the more stringent Chapter VII section deal with clear acts of aggression that allow the UN to enforce its resolutions upon any state seen as threatening the security of another state or states. Although Resolution 242 refers to “the inadmissibility” of acquiring territory by war, a statement used in nearly all UN resolutions relating to Israel, Professor, Judge Stephen M. Schwebel, former President of the International Court of Justice (ICJ) in the Hague, explains that the principle of “acquisition of territory by war is inadmissible” must be read together with other principles: “… namely, that no legal right shall spring from a wrong, and the Charter principle that the Members of the United Nations shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State.”4 Resolution 242 immediately follows to emphasize the “need to work for a just and lasting peace in which every state in the area can live in security.” While Resolution 242 may call upon Israel to withdraw from territory it captured during the war, the UN recognized that Israel cannot return to the non-secure borders existing before the Six-Day War that invited aggression – frontiers that the usually mild-mannered and eloquent former Israeli diplomat, the late Abba Eban, branded “Auschwitz borders.” The Meaning of the Words “All” & “The” As noted above, the UN adopted Resolution 242 in late November 1967, five months after the Six-Day War ended. It took that long because intense and deliberate negotiations were needed to carefully craft a document that met the Arabs’ demand for a return of land, and Israel’s requirement that the Arabs recognize Israel’s legitimacy, to make a lasting peace. It also took that long because each word in the resolution was deliberately chosen, and certain words were deliberately omitted, according to negotiators who drafted the resolution. © 2009, Eli E. Hertz 2 UN Security Council Resolution 242 © 2009, Eli E. Hertz 2 UN Security Council Resolution 242So although Arab officials claim Resolution 242 requires Israel to withdraw from all territory it captured in June 1967, nowhere in the resolution is that demand delineated. Nor did those involved in the negotiations and drafting of the resolution want such a requirement. Instead, they say Resolution 242 explicitly and intentionally omitted the terms ‘the territories’ or ‘all territories.’ The wording of UN Resolution 242 clearly reflects the contention that none of the territories were occupied territories taken by force in an unjust war. Because the Arabs were clearly the aggressors, nowhere in UN Security Council Resolutions 242 is Israel branded as an invader or unlawful occupier of the territories. The minutes of the six month ‘debate’ over the wording of Resolution 242, as noted above, showing that draft resolutions attempted to brand Israel an aggressor and illegal occupier as a result of the 1967 Six-Day War, were all defeated by either the UN General Assembly or the Security Council. Professor Eugene Rostow, then U.S. Undersecretary of State for Political Affairs, went on record in 1991 to make this clear: “Resolution 242, which as undersecretary of state for political affairs between 1966 and 1969 I helped produce, calls on the parties to make peace and allows Israel to administer the territories it occupied in 1967 until ‘a just and lasting peace in the Middle East’ is achieved. When such a peace is made, Israel is required to withdraw its armed forces ‘from territories’ it occupied during the Six-Day War - not from ‘the’ territories nor from ‘all’ the territories, but from some of the territories, which included the Sinai Desert, the West Bank, the Golan Heights, East Jerusalem, and the Gaza Strip.” Professor Rostow continues and describes: “Five-and-a-half months of vehement public diplomacy in 1967 made it perfectly clear what the missing definite article in Resolution 242 means. Ingeniously drafted resolutions calling for withdrawals from ‘all’ the territories were defeated in the Security Council and the General Assembly. Speaker after speaker made it explicit that Israel was not to be forced back to the ‘fragile’ and ‘vulnerable’ Armistice Demarcation Lines [‘Green Line’], but should retire once peace was made to what Resolution 242 called ‘secure and recognized’ boundaries …”5 Lord Caradon, then the United Kingdom Ambassador to the UN and the key drafter of the resolution, said several years later: “We knew that the boundaries of ’67 were not drawn as permanent frontiers; they were a cease-fire line of a couple decades earlier. We did not say the ’67 boundaries must be forever.” Referring to Resolution 242, Lord Caradon added: “The essential phrase which is not sufficiently recognized is that withdrawal should take place to secure and recognized boundaries, and these words were very carefully chosen: they have to be secure and they have to be recognized. They will not be secure unless they are recognized. And that is why one has to work for agreement. This is essential. I would defend absolutely what we did. It was not for us to lay down exactly where the border should be. I know the 1967 border © 2009, Eli E. Hertz 3 UN Security Council Resolution 242 © 2009, Eli E. Hertz 3 UN Security Council Resolution 242very well. It is not a satisfactory border, it is where troops had to stop in 1947, just where they happened to be that night, that is not a permanent boundary ... "6 In a 1974 statement he said: “It would have been wrong to demand that Israel return to its positions of 4 June 1967. … That's why we didn't demand that the Israelis return to them and I think we were right not to.”7 It is true, as Arab leaders correctly note, that certain suggested drafts of Resolution 242 exist that contain that tiny controversial “the” in reference to territories. Arab leaders say this proves that Israel must withdraw from all territories captured in 1967. However, those versions of the resolution are in French. Under international law, English-language versions are followed and accepted as the conclusive reference point, and French versions are not. Arthur J. Goldberg,8 the U.S. Ambassador to the UN in 1967 and a key draftee of Resolution 242, stated: “The notable omissions in language used to refer to withdrawal are the words the, all, and the June 5, 1967 lines. I refer to the English text of the resolution. The French and Soviet texts differ from the English in this respect, but the English text was voted on by the Security Council, and thus it is determinative. In other words, there is lacking a declaration requiring Israel to withdraw from the (or all the) territories occupied by it on and after June 5, 1967. Instead, the resolution stipulates withdrawal from occupied territories without defining the extent of withdrawal. And it can be inferred from the incorporation of the words secure and recognized boundaries that the territorial adjustments to be made by the parties in their peace settlements could encompass less than a complete withdrawal of Israeli forces from occupied territories.”9 Political figures and international jurists have discussed the existence of “permissible” or “legal occupations.” In a seminal article on this question, entitled What Weight to Conquest, Professor, Judge Schwebel wrote: “A state [Israel] acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense. … Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of self-defense has, against that prior holder, better title. “As between Israel, acting defensively in 1948 and 1967, on the one hand, and her Arab neighbors, acting aggressively, in 1948 and 1967, on the other, Israel has the better title in the territory of what was Palestine, including the whole of Jerusalem, than do Jordan and Egypt.”10 Professor Julius Stone, a leading authority on the Law of Nations, has concurred, further clarifying: “Territorial Rights Under International Law. ... By their [Arab countries] armed attacks against the State of Israel in 1948, 1967, and 1973, and by various acts of belligerency throughout this period, these Arab states flouted their basic obligations as United Nations members to refrain from threat or use of force against Israel’s territorial integrity and political independence. These acts were in © 2009, Eli E. Hertz 4 UN Security Council Resolution 242 © 2009, Eli E. Hertz 4 UN Security Council Resolution 242flagrant violation inter alia of Article 2(4) and paragraphs (1), (2), and (3) of the same article.”11 If the West Bank and Gaza were indeed occupied territory – belonging to someone else and unjustly seized by force – there could be no grounds for negotiating new borders. The Drafting History of 242 Shows it Pertains to all Refugees – Jewish and Arab Lastly, Resolution 242 speaks of “a just settlement of the refugee problem,” not ‘the Palestinian or Arab refugee problem.’ The history of the resolution shows that it was intentional and reflected recognition that the Arab-Israeli conflict created two refugee populations, not one. Parallel to the estimated 600,000 Arabs who left Israel, more than 899,00012 Jews fled from Arab countries in the aftermath of the 1948 war – 650,000 of them finding asylum in Israel. A history of the behind-the-scenes work drafting the resolution shows that the former Soviet Union Ambassador Vasiliy Vasilyevich Kuznetsov sought to restrict the term ‘just settlement’ to Palestinian refugees only. But former U.S. Justice Arthur J. Goldberg, the American Ambassador to the UN who played a key role in the ultimate language adopted, pointed out: “A notable omission in 242 is any reference to Palestinians, a Palestinian state on the West Bank or the PLO. The resolution addresses the objective of ‘achieving a just settlement of the refugee problem.’ This language presumably refers both to Arab and Jewish refugees, for about an equal number of each abandoned their homes as a result of the several wars.”13 © 2009, Eli E. Hertz 5 UN Security Council Resolution 242 © 2009, Eli E. Hertz 5 UN Security Council Resolution 242Appendix A - UN Security Council Resolution 242 (1967) of 22 November 1967 The Security Council, Expressing its continuing concern with the grave situation in the Middle East, Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security, Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter, 1. Affirms that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles: (i) Withdrawal of Israel armed forces from territories occupied in the recent conflict; (ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force; 2. Affirms further the necessity (a) For guaranteeing freedom of navigation through international waterways in the area; (b) For achieving a just settlement of the refugee problem; (c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones; 3. Requests the Secretary-General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution; 4. Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible. Adopted unanimously at the 1382 meeting © 2009, Eli E. Hertz 6 UN Security Council Resolution 242 © 2009, Eli E. Hertz 6 UN Security Council Resolution 242 1 The boundaries were l Israel’s pre-1967 borders reflected the deployment of Israeli and Arab forces on the ground after Israel’s War of Independence in 1948. Professor Judge Stephen M. Schwebel, the former President of the International Court of Justice clarified in his writings Justice in International Law that the 1949 armistice demarcation lines are not permanent borders: “The armistice agreements of 1949 expressly preserved the territorial claims of all parties and did not purport to establish definitive boundaries between them.” abeled the “Green Line” merely because a green pencil was used to draw the map of the armistice borders. 2 See Appendix “A” - full text of UN Resolution 242. 3 Disputed Territories: Forgotten Facts about the West Bank and Gaza Strip, MFA, February 2003, www.mefacts.com/cache/html/un-resolutions/11741.htm 4 Judge Schwebel, “What Weight to Conquest?” in Justice in International Law, Cambridge University Press, 1994. Opinions quoted in this article are not derived from his position as a judge of the ICJ. 5 Professor Eugene V. Rostow, The Future of Palestine, Institute for National Strategic Studies, November 1993. Professor Rostow was Sterling Professor of Law and Public Affairs Emeritus at Yale University and served as the Dean of Yale Law School (1955-66); Distinguished Research Professor of Law and Diplomacy, National Defense University; Adjunct Fellow, American Enterprise Institute. In 1967 as U.S. UnderSecretary of State for Political Affairs he become a key draftee of the UN Security Council Resolution 242. 6 Lord Caradon, interviewed on Kol Israel (The Voice of Israel Radio) in February 1973. Lord Caradon (Sir Hugh Foot) was the UK representative to the UN in 1967. His final draft becomes the foundation for UN Resolution 242. 7 Lord Caradon to the Beirut Daily Star on 12 June 1974. 8 Arthur J. Goldberg, was a professor of law at the John Marshall Law School in Chicago. He was appointed in 1962 to the U.S. Supreme Court. In 1965 he was appointed U.S. representative to the United Nations. Judge Goldberg was a key draftee of UN Resolution 242. 9 Judge Goldberg. U.N. Resolution 242: Origin, Meaning, and Significance. National Committee on American Foreign Policy. See article at: www.mefacts.com/cache/html/arab-countries/10159.htm. (10159) 10 Professor, Judge Stephen M. Schwebel, “What Weight to Conquest?” in Justice in International Law, Cambridge University Press, 1994. Opinions quoted in this critiques are not derived from his position as a judge of the ICJ. 11 Professor Julius Stone, Israel and Palestine, Assault on the Law of Nations The Johns Hopkins University Press, 1981. 12 The New York Times. “Jews in Grave Danger in all Moslem Lands” May 19, 1948. 13 Judge Goldberg, Resolution 242 After Twenty Years at: . (10789) www.mefacts.com/cached.asp?x_id=10789 This document uses extensive links via the Internet. If you experience a broken link, please note the 5 digit number (xxxxx) at the end of the URL and use it as a Keyword in the Search Box at: www.MEfacts.com © 2009, Eli E. Hertz 7 UN Security Council Resolution 242 © 2009, Eli E. Hertz 7 UN Security Council Resolution 242

The United Nations Security Council, on Nov. 22, 1967, unanimously passed the following resolution, Resolution 242, which stated:
"The Security Council,
Expressing its continuing concern with the grave situation in the Middle East,
Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,
Emphasizing further that all Member States in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter,
1. Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;
2. Affirms further the necessity
(a) For guaranteeing freedom of navigation through international waterways in the area;
(b) For achieving a just settlement of the refugee problem;
(c) For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;
3. Requests the Secretary-General to designate a Special Representative to proceed to the Middle East to establish and maintain contacts with the States concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution;
4. Requests the Secretary-General to report to the Security Council on the progress of the efforts of the Special Representative as soon as possible.
Adopted unanimously at the 1382nd meeting."

Nov. 22, 1967 - United Nations (UN) 

Rashid Khalidi, PhD, Professor of Arab Studies at Columbia University, in the 1993 book The Oxford Companion to Politics of the World, wrote:
"U.N. Security Council Resolution 242, passed in November 1967 in the wake of the Arab-Israeli War of June of that year, has become the internationally accepted basis for peacemaking in the Middle East. Drafted by Lord Caradon, the British ambassador to the UN, in consultation with the parties concerned, the resolution was an attempt to bring Israeli demands for a final, formal peace agreement together with those of Egypt, Syria and Jordan for Israel's withdrawal from the territories—the Sinai Peninsula, Gaza Strip, Golan Heights, West Bank, and East Jerusalem—which it had occupied during the June war.
The resolution did this by a balanced emphasis on 'the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace.' It therefore called for 'withdrawal of Israel from territories occupied in the recent conflict,' as well as for 'termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every state in the area and their right to live in peace.' The resolution also called for 'a just settlement of the refugee problem.'
The resolution was accepted by Egypt, Jordan, and Israel from the outset, but was initially rejected by Syria. Only after the October War of 1973 did Syria accept the resolution, while all the Arab states (except Libya) accepted its principles at the Fez Arab summit conference in 1982. The most consistent rejection of Resolution 242 came from the Palestine Liberation Organization (PLO), which from its inception in 1964 refused a peaceful settlement with Israel. After 1974, however, as the PLO moved toward the idea of a negotiated settlement with Israel, it increasingly based its objections to Resolution 242 on the fact that it dealt with the Palestinians as refugees, rather than as a people with national rights. Finally, in 1988, the PLO formally accepted Resolution 242 as the basis for a Middle East settlement, thereby meeting one of the conditions posed by the United States for opening contacts with it."

1993 - Rashid I. Khalidi, PhD 

Michael B. Oren, PhD, Senior Fellow at the Shalem Center in Jerusalem, in his 2003 book Six Days of War, wrote:
"Israel accepted the resolution, albeit begrudgingly, as did Jordan. [Egyptian President] Nasser's response was more equivocal. While endorsing the U.N.'s decision, he reiterated the three no's [of the Khartoum Resolutions] to his National Assembly, reminding it: 'That which was taken by force will be regained by force,' and told his generals, 'You don't need to pay any attention to anything I may say in public about a peaceful solution.' And yet, secretly, he signaled the Americans his openness to a nonbelligerency accord with Israel 'with all of its consequences.' Iraq and Syria rejected the resolution entirely, denouncing it as 'a deception of the people, a recipe for failure,' as did the Palestinians, incensed by their exclusion from the text. The PLO [Palestine Liberation Organization], which would approve 242 only twenty years later, declared in 1967: 'unresolved, the Palestinian problem will continue to endanger peace and security not only in the Middle East, but in the entire world.'"

2003 - Michael B. Oren, PhD 

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