A Legal Reading of United Nations Security Council Resolution 2803 on the Gaza Plan
This paper provides an expanded analytical reading of United Nations Security Council Resolution 2803 concerning the so-called “Plan to End the Conflict in Gaza,” through a critical examination of its legal and political content and an exposure of the key loopholes and shortcomings that undermine the core principles of international law and justice. The paper focuses on the consequences of these gaps, particularly their direct and indirect implications for the inalienable rights of the Palestinian people and for the national constants safeguarded by international legitimacy resolutions and international humanitarian law.
The paper also examines, through in-depth legal analysis, the serious risks arising from proposals to establish a “Peace Council” and deploy international forces. It highlights how such arrangements may lead to a redefinition of the nature of the conflict, a dilution of the occupying power’s legal responsibilities, or the imposition of transitional frameworks that potentially infringe upon sovereignty, representation, and legal jurisdiction. In doing so, the paper seeks to shed light on the long-term repercussions of these mechanisms on the trajectory of the Palestinian cause and on the international legal protection regime for peoples living under occupation.
The paper concludes with a general summary of its main legal and political findings, along with a set of recommendations aimed at strengthening the Palestinian legal position and warning against the acceptance of formulas or mechanisms that could be used to circumvent legitimate rights, while emphasizing the necessity of strict adherence to international law and relevant United Nations resolutions.
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