United Nations Security Council Resolution No. 2728, calling for an immediate and provisional ceasefire after 171 continuous days of a relentless Israeli assault on Gaza, was finally passed on Monday.
The United States—which vetoed three past attempts for a ceasefire resolution over the course of the six-month-long Israeli assault on Gaza—allowed the resolution to pass this time by abstaining from the vote.
The resolution demands a halt to the hostilities during the month of Ramadan that has resulted in over 130,000 Palestinians being killed, injured, captured, or missing, alongside the destruction of nearly 70% of Gaza's infrastructure.
The resolution's preamble strongly condemns all acts of violence, attacks, and terrorism against civilians from both sides and prohibits hostage-taking.
Shortcomings and false equivalencies
However, by equating Israel's genocidal war on the Palestinians with the Hamas attack on 7 October, which killed only a fraction of people compared to Israel, the resolution overlooks the drastic disparity in military power between the two 'warring' parties, drawing a false comparison.
The language of the resolution also does not reflect the very serious accusations levied against Israel by the world's highest court.
In a document of over 80 pages – which makes for very grim reading – an exhaustive legal case compiled by South Africa was put to the International Court of Justice in January, highlighting Israel’s serial vicious behaviour.
Read more: UN court hears South Africa genocide case against Israel
Not only did Israel's warplanes, drones and quadcopters rain death and destruction on Gaza, making it uninhabitable, but its leaders said from the beginning of the conflict that it would cut food, water, electricity and fuel to the strip, which is collective punishment and a war crime under international law.
The resolution contains two main provisions. The first clause calls for an immediate ceasefire during Ramadan, aimed at halting hostilities that, while seemingly aligned with the interests of Israel and the United States, ostensibly seeks to establish the groundwork for a durable peace.
However, its effectiveness and longevity remain uncertain. Crucially, it calls for the unconditional release of all hostages held by Hamas, and, in exchange, it calls on Israel to allow the entry of humanitarian aid into Gaza.
It does not, however, mention the fate of the more than 20,000 Palestinian prisoners and detainees held by Israel. This includes thousands of Palestinians recently arrested by Israel in the West Bank, those held in Israeli prisons before the conflict, and Palestinians abducted by Israel in Gaza during its offensive.
The second clause details plans to increase humanitarian aid to Gaza's civilians and enhance their protection. Yet, it lacks clarity on how this would be executed, especially since the resolution falls outside the enforcement mechanisms provided by Chapter VII of the United Nations Charter.
Key issues, like Israel's 57-year occupation of the West Bank and East Jerusalem, are also notably absent from the resolution. Nor does it mention Israel's genocidal campaign on the Palestinians in Gaza under the guise of combatting Hamas.