Netanyahu Cancels Washington Delegation After U.S. Abstains From UN Resolution Calling for Gaza Cease-fireUN Security Council resolution calling for Gaza cease-fire passes for the first time since the war broke out after the U.S. abstains from using its veto power, despite Netanyahu threatening to cancel Washington delegation on Rafah
Members of the UN Security Council vote on a Gaza resolution in New York City on Monday.Credit: Andrew Kelly/ REUTERS
Ben SamuelsMichael Hauser Tov
Mar 25, 2024 5:45 pm IST
WASHINGTON – The UN Security Council adopted a resolution on Monday calling for an immediate Gaza cease-fire during Ramadan for the first time since the war's outbreak after the U.S. abstained from issuing a veto. However, the U.S. described the resolution as "non-binding," meaning its effects likely won't be felt on the ground in Gaza.
Since the resolution is non-binding, it does not create legal obligations for the member states or other parties involved in the conflict. Rather, they capture the international community's views of the matter and are meant to be highly persuasive and not legally binding.
In general, UN Security Council resolutions are considered binding, though legal scholars have been divided on how explicitly valid that truth may be over the years. U.S. Ambassador to the UN Linda Thomas-Greenfield explicitly described it as "non-binding" following the vote, immediately casting doubt on its enforceability despite its abstention.
Prior to the vote, Prime Minister Benjamin Netanyahu threatened to pull the delegation, which was slated to discuss alternatives to a Rafah invasion – at U.S. President Joe Biden's request – if the U.S. failed to issue its fourth veto of the war.
The Prime Minister's Office announced following the passing of the UN resolution that the U.S. decision not to veto a resolution that supports a cease-fire without the release of the hostages hurts the war effort and contradicts the American stance throughout the war.
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"This withdrawal hurts both the war effort and the effort to release the hostages, because it gives Hamas hope that international pressure will allow them to accept a cease-fire without the release of our hostages," the Prime Minister's Office statement said.
"In light of the chance in stance, Prime Minister Netanyahu has decided to cancel the delegation to Washington," the statement continued.
Prime Minister Benjamin Netanyahu warned earlier Monday that if the U.S. did not veto the UN Security Council resolution he would cancel the Israeli delegation to Washington, led by Strategic Affairs Minister Ron Dermer and National Security Advisor Tzachi Hanegbi.
U.S. officials discussed the resolution with their Israeli counterparts repeatedly in recent days, leading to surprise within the White House regarding Israel's outspoken stance against the U.S. abstention and speculation that it is motivated by internal domestic Israeli political considerations.
Many of the officials slated to participate in the Dermer-Hanegbi delegation are already in town for the Gallant delegation, leading U.S. officials to not be too concerned about the lack of coordination stemming from the cancellation.
U.S. President Joe Biden requested the prime minster send an interagency delegation to review alternatives to a Rafah invasion during their call last week amid brewing tensions between the two leaders.
The resolution in question "demands an immediate cease-fire for the month of Ramadan respected by all parties leading to a sustainable lasting ceasefire, and also demands the immediate and unconditional release of all hostages," having the two matters run in parallel but not conditional upon the other.
The resolution also called for "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."
Following the passing of the resolution, U.S. Ambassador to the UN Linda Thomas-Greenfield said that "Certain key edits were ignored, including our request to add a condemnation of Hamas. We did not agree on everything in the resolution. For that reason, we were not able to vote 'yes.'
"But we fully support some of the critical objectives in this non-binding resolution and we believe it was important for the council to speak out and make clear that any cease-fire must come with the release of hostages," added Thomas-Greenfield.
White House Spokesperson John Kirby said "Our vote does not represent a shift in our policy," following the U.S. decision to abstain on the resolution, adding that the U.S. has been clear and consistent in its support for a cease-fire as part of a hostage deal.
According to Kirby, the U.S. was "looking forward to having an opportunity to speak to an Israeli delegation later this week" about "exploring alternatives to a major ground offensive in Rafah. I'll let the Israelis speak to whether they're coming or not."
Kirby added that "Defense Minister Gallant is in town, he will meet with Secretary [of State] Blinken and [National Security Adviser] Jake [Sullivan] and Secretary [of Defense] Austin. I have no doubt that in those discussions we'll have ample opportunities to talk with him about, about what's going on with their planning for Rafa, as well as what's going on inside negotiations. We're focused on moving things forward."
"There's no reason for this to be seen as some sort of escalation," continued Kirby. "There's no reason for it to actually be any kind of escalation of tensions here. Nothing has changed about our policy. Nothing. The reason we abstained is because this resolution text did not condemn Hamas."
"We are disappointed that the Administration failed to veto a resolution adopted today by the UN Security Council that fails to acknowledge that Hamas is to blame for ongoing hostilities and could stop the fighting by surrendering and releasing all the hostages," AIPAC said in a statement.
"Moreover, any pause or temporary ceasefire must be directly contingent upon the release of the hostages. Peace is only possible when Hamas is either defeated or surrenders and releases all the hostages," the pro-Israel organization added.
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