On December 23, 2016, the Obama administration broke with the longstanding practice of both Democratic and Republican administrations to protect Israel from one-sided United Nations resolutions. The Obama administration abstained, rather than veto, UN Security Council Resolution 2334, which declared that the establishment of settlements by Israel has “no legal validity and constitutes a flagrant violation under international law.” The resolution demanded that “Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem.” When it came to the resolution’s call to prevent “acts of terror” and “to refrain from provocative actions, incitement and inflammatory rhetoric,” the resolution referred elliptically to “both parties.”
Resolution 2334 remains in effect to this day. However, despite what the resolution’s supporters continuously assert, it is not legally binding under the UN Charter because it was not passed under the provisions of Chapter VII of the Charter. The resolution is not self-enforcing and would require a further resolution to impose sanctions or other punitive measures, which the Trump administration would surely have vetoed.
- Monday, December 21, 2020