Naked Hypocrisy: The US Cited UNSC Resolutions to Invade Iraq, Now Call Gaza Ceasefire Demand ‘Non-Binding’

By Juan Cole / Informed Comment

Ann Arbor (Informed Comment) – State Department spokesperson Matthew Miller on Tuesday characterized the United Nations Security Council resolution 2728 demanding an immediate ceasefire in the Gaza conflict as “non-binding,” a phrase also used by US ambassador to the UN Linda Thomas-Greenfield.

The US was rebuked by China, according to Akmal Dawi at VOA: “‘Security Council resolutions are binding,’ Lin Jian, a spokesperson for the Chinese Foreign Ministry, said on Tuesday.”

Beijing is correct on the law, and the Biden administration is being disingenuous. If President Biden did not want a ceasefire resolution to pass, he should have vetoed it. By abstaining and letting the world community vote on the matter, Biden has elicited a binding decision, and his officials should stop dancing around it.

The law here is clear.

Article 25 of the UN Charter, to which the US, China and Israel are all signatories, says, “The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.”

Moreover, we could consider the actual language of the resolution, in which the UNSC

“Demands an immediate ceasefire for the month of Ramadan respected by all parties leading to a lasting sustainable ceasefire, and also demands the immediate and unconditional release of all hostages, as well as ensuring humanitarian access to address their medical and other humanitarian needs, and further demands that the parties comply with their obligations under international law in relation to all persons they detain”

You’d have to twist yourself into a pretzel to avoid concluding that the Security Council sees the ceasefire as binding, given the use of the verb “demand.” The UNSC isn’t suggesting. It isn’t hoping. It isn’t imploring. It is demanding.

Washington’s hypocrisy on this matter is legendary and stunning.

After the Gulf War of 1990-1991 the UN Security Council passed resolutions demanding the disarmament of Iraq. We now know that Iraq complied. But the US and other major powers refused to believe Baghdad’s assertions or even documents in this regard.

One of the grounds that George W. Bush put forward for invading Iraq was precisely its failure to abide by those UN Security Council resolutions. He actually represented the US not as acting unilaterally for narrow American purposes but as upholding the authority of the UNSC.

Robert McMahon at Radio Free Europe/ Radio Liberty wrote in 2002, “Expressing frustration and alarm, U.S. President George W. Bush says Iraq’s long defiance of United Nations disarmament resolutions has placed the UN’s credibility in question.”

So disobeying the UNSC according to Washington is so serious a matter that it could get you invaded and your government overthrown. I guess that’s not non-binding.

In 2007, the UNSC, disappointed in Iran’s non-compliance with demands for it to cease its civilian nuclear enrichment activities, imposed an embargo on weapons sales by Tehran. To enforce economic sanctions against Iran, the UNSC even allowed the boarding of vessels on the high seas suspected of carrying Iranian weapons.

The UNSC also allows ships carrying North Korean goods to be boarded. Ordinarily freedom of navigation on the high seas is an absolute right in international law. But the UNSC can do as it pleases. It has placed extensive economic sanctions on Pyongyang.

The only real sense in which UNSC Resolution 2728 is “non-binding” is not a legal one but a practical one. Since the US has a veto, if the UNSC tries to sanction Israel for its defiance, as it did Iraq, Iran and North Korea, the Biden administration would use its veto to protect the fascist government presently ruling Israel. But that action is not high diplomacy, just arbitrary and disgusting partisanship that makes a mockery of international law and of ethical principles.

Finally, consider the legislative history. What did the UNSC members intend? The UN News tells us.

Russian ambassador to the UN Vassily Nebenzia said, “‘Those who are providing cover for Israel still want to give it a free hand,’ he added, expressing hope that the wording contained in the resolution ‘will be used in the interests of peace rather than advancing the inhumane Israeli operation against the Palestinians’”.

He opposed the Biden administration’s granting of a free hand to Israel to thumb its nose at the resolution.

Carolyn Rodrigues-Birkett of Guyana: “‘This demand [by the Council] comes at a significant time as Palestinians are observing the holy month of Ramadan,’ she said, noting continuing deaths in the enclave and a growing number of families left homeless.”

She called it a demand, and said that said that “after more than five months of a ‘war of utter terror and destruction’, a ceasefire is the difference between life and death for hundreds of thousands of Palestinians and others.

Doesn’t sound like a mere polite suggestion to me.

China’s Zhang Jun said, “The current draft is unequivocal and correct in its direction, demanding an immediate ceasefire, while the previous one was evasive and ambiguous.”

I note the term “unequivocal.”

Hwang Joonkook of South Korea said, “The situation must be different before and after this resolution. This will only be possible when both Israel and Hamas respect and faithfully implement this resolution.”

So, not voluntary. Binding.

By Zehra Imam / Mondoweiss

As Palestinians are slaughtered by the thousands in Gaza and violently attacked during night prayers in the al-Aqsa Mosque by Israel, the West Bank endures massacres that at times go unnoticed during this holy month. I have spent my Ramadan in conversation with a friend from Jenin. 

Much has changed since I visited Aseel (not her real name) in August 2023. There are things I saw in Jenin that no longer exist. One of them is my friend’s smile and her spark.

Usually, they say Jenin is a small Gaza. During Ramadan, because the attacks generally happen at night, people are an easy target because they are on the streets late at night. In the past, it was rare for the IOF to enter during the day. Now, they attack during the day; their special forces enter, and after people discover them, their soldiers come within minutes. 

Every 2-3 days, there is a new attack in Jenin. In our minds, there is a constant ringing that the IOF may come. We don’t know at what time we will be targeted or when they will enter. There is no stability in our lives.

Even when we plan for something, we hedge it with our inshallahs and laugh. There are a lot of ifs. If they don’t enter the camp. If there are no martyrs. If there is no strike.

On the second day of Ramadan, they attacked my neighborhood again. We thought it was a bombing because it started with an explosion, but the house was shaking. We were praying fajr, and everyone was screaming outside. The sound of the drone was in our ears. “No, these are missiles,” we realized.

There was panic in the streets. Women fainted. People had been walking back from praying at the mosque, and some were still in the street. Alhamdulillah, no one was hurt, we say.

The balcony to the room at my uncle’s house where we slept had fallen. It no longer had any glass, and a bullet entered my uncle’s bedroom and reached the kitchen. The drone hit the trees in front of our house. The missiles destroyed the ceiling, and the rockets reached my neighbor’s house on the first floor, exactly in front of our house.

Since October 7, Jenin has become a target. There is a clear escalation in the camp and the city. The IOF has used many different weapons to kill us here. They have even been aggressive toward the infrastructure, as though every inch of our city was resisting them.

They destroyed much of the camp, and there is no entrance now. The arch is gone, and there is no sign reminding us that Jenin refugee camp is a temporary place. There is no horse. Only the street is left. You have the photographs. You were lucky. They changed the shape of the camp, and everything has been destroyed.”Aseel

The first time Aseel and I met in person was in Nablus at the Martyrs Roundabout. As we caught up, we ate a delicious concoction of ice cream, milk, nuts, and fresh fruit that was a perfect balm to the heat. She took me to some of her favorite places nestled within the old city of Nablus. A 150-year-old barber’s shop that felt like you had entered an antique store where plants reached the ceiling and where the barber was a massive fan of Angelina Jolie. A centuries-old house now called Tree House Cafe looked like a hobbit home from Lord of the Rings, where we hid away as she sipped her coffee and I drank a mint lemonade. We visited one of the oldest soap factories in the world with ingredients such as goat’s milk and olive oil, jasmine and pomegranates, even dates and Dead Sea mud.

We happened to chance upon a Sufi zawiya as we walked through a beautiful archway decorated with lanterns, light bulbs, and an assortment of potted plants, after which we saw a cobalt blue door on our left and an azul blue door with symmetrical red designs, and Quranic ayat like incantations on our right as doors upon doors greeted us.

The air was welcoming yet mingled with the memory of martyrs whose memorials took over the landscape, sometimes in the form of larger-than-life portraits surrounded by complex four-leafed magenta-white flowers; posters above a water spout next to a heart-shaped leaf; a melted motorcycle that, too, was targeted in the neighborhood that hosted the Lions’ Den. We stopped to pray at a masjid, quiet and carpeted.

After a bus ride from Nablus to Jenin, on our walk before entering Jenin camp, Aseel showed me the hospital right outside the camp. She pointed out the barricades created to keep the occupation forces from entering specific streets. This is the same hospital that the occupation forces blocked during the July 2023 attack, which now seems like a lifetime ago. 

What caught my eyes again and again were the two Keys of Return on top of the entrance of Jenin Camp that symbolized so much for Palestinians.

“This is a temporary station,” Aseel read out loud to me. “That’s what it says. We are supposed to return to our homes.”

“Netanyahu said he is planning another big attack, so the resistance fighters are preparing because it can happen any day,” she had told me that evening as we shared Jenin-style knafeh, baked to perfection. Then she stopped, looked at the sky, and said humorously, “Ya Allah, hopefully not today!” And we both laughed because of its potential reality. 

Dinner on the terrace at her uncle’s home was a delicious spread of hummus, laban, fries, cucumbers pickled by her aunt, and arayes — fried bread stuffed with meat. Then we moved the furniture to sleep on mattresses in a room that extended to the rooftop terrace with a breeze, overlooking Jenin Camp and the rest of Jenin City. We could hear gunshots in the distance. The drones were commonplace, and the heat did not relent. Temperatures soared, and the electricity was out when we woke up at 5 a.m. I heard her pray, and later, as we sipped on coffee and had wafters in the early morning at her home, my eyes went to a piece of tatreez, or embroidery, of a bird in flight framed on the wall. Her eyes followed mine and when I said I loved it.

“It used to be my grandfather’s,” she told me. “Of course it’s beautiful — the bird is free.” 

Unexpectedly, Aseel’s mother gifted me a Sprite bottle full of olive oil beholding the sweet hues of its intact health, which I would later ship secretly from Bethlehem all the way to Boston. And then Aseel came to me with a gift, too: a necklace that spoke succinctly about the right to return and live on this earth. Mahmoud Darwish’s poetry was held together with intricate calligraphy carved in the shape of Palestine’s landscape, and I was completely overwhelmed. 

“You are in Palestine, my dear,” she had smiled. “And you are now my family. This is your country, this is your second home, really.”

When I ask her about what brings her hope these days, Aseel tells me about her eight-year-old nephew.

He wanted to eat two meals. I told him that in Gaza they don’t have food. He was complaining about the food, and I told him, they don’t have water. And he heard me because he said, “today, we will only have one meal.” 

I’m amazed at how mature he is. He even said, “We won’t make a special cake on Eid because of the Gazans.” For me, this is a lesson to be learned. He is only eight years old, but he knows. 

We have lost a lot of people in Gaza, but here in the West Bank, we are succeeding because our new generation knows a lot. Ben Gurion would not be happy. He said of Palestinians, “the old will die and the young will forget.” No, the young ask even more questions. The new generation brings us hope. Hope is the new generation.

/sp

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