For background, see “U.N. Security Council Adopts Resolution 2712 (November 15, 2023) on Gaza–full text of U.N. Summary,” Trenchant Observations, November 15, 2023.

The adoption of the Resolution is highly significant, as the U.S. abstention which allowed it to be passed represented a rare instance in which the U.S. did not veto a resolution critical of Israel, even if only by implication.

***

RESOLUTION 2712 (November 15, 2023)

United Nations S/RES/2712 (2023)
Security Council Distr.: General
15 November 2023
23-22427 (E)
*2322427*

Resolution 2712 (2023)
Adopted by the Security Council at its 9479th meeting, on
15 November 2023

The Security Council,

Reaffirming the purposes and principles of the Charter of the United Nations,

Reaffirming that all parties to conflicts must adhere to their obligations under
international law, including international humanitarian law and international human
rights law,

Stressing that international humanitarian law provides general protection for
children as persons taking no part in hostilities, and special protection as persons who
are particularly vulnerable, and recalling that the taking of hostages is prohibited
under international law,

Recalling that all parties to armed conflict must comply strictly with the
obligations applicable to them under international law for the protection of children in
armed conflict, including those contained in the Geneva Conventions of 12th Augu st
1949 and the Additional Protocols of 1977, as well as the relevant conventions
regarding the involvement of children in conflict situations,

Expressing deep concern at the humanitarian situation in the Gaza Strip and its
grave impact on the civilian population, especially the disproportionate effect on
children, underlining the urgent need for full, rapid, safe, and unhindered
humanitarian access, and stressing the humanitarian principles of humanity,
impartiality, neutrality, and independence and the obligation to respect and protect
humanitarian relief personnel,

Rejecting forced displacement of the civilian population, including children, in
violation of international law, including international humanitarian law and
international human rights law,

Expressing deep concern that the disruption of access to education has a
dramatic impact on children, and that conflict has lifelong effects on their physical
and mental health,

Commending the ongoing efforts of several regional and international actors a s
well as of the Secretary-General of the United Nations to address the hostage and
humanitarian crises,

1. Demands that all parties comply with their obligations under international
law, including international humanitarian law, notably with regard to the protection
of civilians, especially children;

2. Calls for urgent and extended humanitarian pauses and corridors
throughout the Gaza Strip for a sufficient number of days to enable, consistent with
international humanitarian law, the full, rapid, safe, and unhindered humanitarian
access for United Nations humanitarian agencies and their implementing partners, the
International Committee of the Red Cross and other impartial humanitarian
organizations, to facilitate the continuous, sufficient and unhindere d provision of
essential goods and services important to the well-being of civilians, especially
children, throughout the Gaza Strip, including water, electricity, fuel, food, and
medical supplies, as well as emergency repairs to essential infrastructure, and to
enable urgent rescue and recovery efforts, including for missing children in damaged
and destroyed buildings, and including the medical evacuation of sick or injured
children and their care givers;

3. Calls for the immediate and unconditional release of all hostages held by
Hamas and other groups, especially children, as well as ensuring immediate
humanitarian access;

4. Calls on all parties to refrain from depriving the civilian population in the
Gaza Strip of basic services and humanitarian assistance indispensable to their
survival, consistent with international humanitarian law, which has a disproportionate
impact on children, welcomes the initial, although limited, provision of humanitarian
supplies to civilians in the Gaza Strip and calls for the scaling up of the provision of
such supplies to meet the humanitarian needs of the civilian population, especially
children;

5. Underscores the importance of coordination, humanitarian notification,
and deconfliction mechanisms, to protect all medical and humanitarian staff, vehicles
including ambulances, humanitarian sites, and critical infrastructure, including UN
facilities, and to help facilitate the movement of aid convoys and patients, in
particular sick and injured children and their care givers;

6. Requests the Secretary-General to report orally to the Security Council on
the implementation of this resolution at the next mandated meeting of the Security
Council on the situation in the Middle East, and furth er requests the Secretary-
General to identify options to effectively monitor the implementation of this
resolution as a matter of prime concern;

7. Decides to remain seized of the matter.

***

Comment

This resolution is binding under international law and the U.N. Charter. Note, in particular, the first operative paragraph which provides, “1. Demands that all parties comply with their obligations under international
law, including international humanitarian law, notably with regard to th e protection
of civilians, especially children;

All actions by Hamas and Israel must be judged in terms of the extent to which they commply with international law, particularly international humanitarian law.

Moreover, thse actions should also be judged in terms of the degree to which they comply with the calls of the Security Coouncil containedf in operative paragraphs (2)-(5).

In addition to the release of the hostabes by Hamas, the Security Council calls in paragraph (2), in particular, the establishment of humanitarian pauses and corrridors

to facilitate the continuous, sufficient and unhinderedd provision of
essential goods and services important to the well-being of civilians, especially
children, throughout the Gaza Strip, including water, electricity, fuel, food, and
medical supplies, as well as emergency repairs to essential infrastructure,

The world is watching.

The Trenchantt Observer