United Nations Security Council Resolution 242
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United Nations
Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six Day War. It was adopted under Chapter VI
of the United Nations Charter
. The resolution was sponsored by British
ambassador Lord Caradon and was one of five drafts under consideration.
The preamble refers to the "inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in the Middle East in which every State in the area can live in security."
Operative Paragraph One "Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
Resolution 242 is one of the most commonly referred UN resolutions to end the Arab–Israeli conflict
, and the basis of later negotiations between the parties.
Egypt
, Jordan
, Israel
and Lebanon
entered into consultations
with the UN Special representative
over the implementation of 242. After denouncing it in 1967, Syria "conditionally" accepted the resolution in March 1972. Syria formally accepted UN Security Council Resolution 338, the cease-fire at the end of the Yom Kippur War
(in 1973), which embraced resolution 242.
On 1 May 1968, Israeli ambassador to the UN expressed Israel's position to the Security Council: "My government has indicated its acceptance of the Security Council resolution for the promotion of agreement on the establishment of a just and lasting peace. I am also authorized to reaffirm that we are willing to seek agreement with each Arab State on all matters included in that resolution."
In a statement to the General Assembly on 15 October 1968, the PLO
rejected Resolution 242, saying "the implementation of said resolution will lead to the loss of every hope for the establishment of peace and security in Palestine and the Middle East region." In September 1993, the PLO agreed that Resolutions 242 and 338 should be the basis for negotiations with Israel when it signed the Declaration of Principles.
and Egypt
, Jordan
, Syria
and Lebanon
. The resolution deals with five principles; withdrawal of Israeli forces, 'peace within secure and recognized boundaries', freedom of navigation, a just settlement of the refugee problem and security measures including demilitarized zones. It also provided for the appointment of a Special Representative to proceed to the Middle East in order to promote agreement on a peaceful and accepted settlement in accordance with the principles outlined in the resolution.
Upon presenting the draft resolution to the Security Council, the U.K. representative Lord Caradon said:
Donald Neff, John McHugo, Glenn Perry, and John Norton Moore have drawn attention to Israel's use of subsequent statements by particular statesmen who were involved in the drafting and passage of the resolution which are either inconclusive, or which contradict what they actually said during the UN debates in 1967.
Secretary of State Dean Rusk
commented on the most significant area of disagreement regarding the resolution:
A memorandum from the President's Special Assistant, Walt Rostow to President Johnson said "What's on the Arab Ambassadors' minds boils down to one big question: Will we make good on our pledge to support the territorial integrity of all states in the Middle East? Our best answer is that we stand by that pledge, but the only way to make good on it is to have a genuine peace. The tough question is whether we'd force Israel back to 4 June borders if the Arabs accepted terms that amounted to an honest peace settlement. Secretary Rusk told the Yugoslav Foreign Minister: 'The US had no problem with frontiers as they existed before the outbreak of hostilities. If we are talking about national frontiers--in a state of peace--then we will work toward restoring them.' But we all know that could lead to a tangle with the Israelis."
Rusk met with Foreign Minister Nikezic on August 30, 1967. However, according to telegram 30825 to Belgrade, September 1, which summarizes the conversation, Rusk said the key to a settlement was to end the state of war and belligerence and that if a way could be found to deal with this, other things would fall into place; the difference between pre-June 5 positions and secure national boundaries was an important difference.
President Johnson responded to a complaint from President Tito that Israel could change the frontiers without Arab consent: "You note that the Arabs feel the US interprets the draft resolution to imply a change of frontiers to their detriment. We have no preconceptions on frontiers as such. What we believe to be important is that the frontiers be secure. For this the single most vital condition is that they be acceptable to both sides. It is a source of regret to us that the Arabs appear to misunderstand our proposal and misread our motives."
Furthermore, Secretary Rusk's Telegram dated March 2, 1968 to the U.S. Interests Section of the Spanish Embassy in Cairo summarizing Undersecretary of State for Political Affairs Eugene Rostow’s conversation with Soviet Ambassador Anatoly Dobrynin states:
In an address delivered on September 1, 1982 President Ronald Reagan
said:
According to Lynk there are three schools of thought concerning the proper legal interpretation of the withdrawal phrase. Some of the parties involved have suggested that the indefinite language is a “perceptible loophole”, that authorizes “territorial revision” for Israel’s benefit. Some have stated that the indefinite language was used to permit insubstantial and mutually beneficial alterations to the 1949 armistices lines, but that unilateral annexation of the captured territory was never authorized. Other parties have said that no final settlement obtained through force or the threat of force could be considered valid. They insist that the Security Council cannot create loopholes in peremptory norms of international law or the UN Charter, and that any use of indefinite language has to be interpreted in line with the overriding legal principles regarding the “inadmissibility of the acquisition of territory by war” and the prohibitions on mass deportations or displacement in connection with the settlement of the refugee problem.
Orakhelashvili says that the Security Council manifestly lacks the competence to validate agreements imposed through coercion, not least because the peremptory prohibition of the use of force is a limitation on the Council’s powers and the voidness of coercively imposed treaties is the clear consequence of jus cogens and the conventional law as reflected in the Vienna Convention on the Law of Treaties. A recent international study concluded that the ultimate status and boundaries will require negotiation between the parties, according to Security Council Resolutions 242 and 338. The same study also found that the provisions of the Fourth Geneva Convention which govern ‘special agreements’ that can adversely affect the rights of protected persons precludes any change in status of the territory obtained through an agreement concluded during a state of belligerent occupation.
Michael Lynk says that article 2 of the Charter embodied a prevailing legal principle that there could be "no title by conquest". He says that principle had been expressed through numerous international conferences, doctrines and treaties since the late 19th Century. Lynk cites the examples of the First International Conference of American States in 1890; the United States Stimson Doctrine of 1932; the 1932 League of Nations resolution on Japanese aggression in China; the Buenos Aires Declaration of 1936; and the Atlantic Charter of 1941. Surya Sharma says that a war in self-defense cannot result in acquisition of title by conquest. He says that even if a war is lawful in origin it cannot exceed the limits of legitimate self-defense.
" formula, calling for Israeli withdrawal from "territories" it had occupied in 1967 in exchange for peace with its neighbors. This was an important advance at the time, considering that there were no peace treaties between any Arab state and Israel until the Israel-Egypt Peace Treaty
of 1979. "Land for peace" served as the basis of the Israel-Egypt Peace Treaty, in which Israel withdrew from the Sinai peninsula
(Egypt withdrew its claims to the Gaza Strip
in favor of the Palestine Liberation Organization
). Jordan renounced its claims regarding the West Bank
in favor of the Palestine Liberation Organization
, and has signed the Israel-Jordan Treaty of Peace
in 1994, that established the Jordan River as the boundary of Jordan.
Throughout the 1990s, there were Israeli-Syrian negotiations regarding a normalization of relations and an Israeli withdrawal from the Golan Heights. But a peace treaty was not made, mainly due to Syria's desire to recover and retain 25 square kilometers of territory in the Jordan River Valley which it seized in 1948 and occupied until 1967. As the United Nations recognizes only the 1948 borders, there is little support for the Syrian position outside the Arab bloc nor in resolving the Golan Heights issue.
The UN resolution does not specifically mention the Palestinians. The United Kingdom had recognized the union between the West Bank and Transjordan. Lord Caradon said that the parties assumed that withdrawal from occupied territories as provided in the resolution was applicable to East Jerusalem. "Nevertheless so important is the future of Jerusalem that it might be argued that we should have specifically dealt with that issue in the 1967 Resolution. It is easy to say that now, but I am quite sure that if we had attempted to raise or settle the question of Jerusalem as a separate issue at that time our task in attempting to find a unanimous decision would have been far greater if not impossible."
Judge Higgins explained "from Security Council resolution 242 (1967) through to Security Council Resolution 1515
(2003), the key underlying requirements have remained the same - that Israel is entitled to exist, to be recognized, and to security, and that the Palestinian people are entitled to their territory, to exercise self-determination, and to have their own State."
Secretary of State Madeleine Albright
told the U.N. Security Council: "We simply do not support the description of the territories occupied by Israel in 1967 as 'Occupied Palestinian Territory'. In the view of my Government, this language could be taken to indicate sovereignty, a matter which both Israel and the PLO have agreed must be decided in negotiations on the final status of the territories. "Had this language appeared in the operative paragraphs of the resolution, let me be clear: we would have exercised our veto. In fact, we are today voting against a resolution in the Commission on the Status of Women precisely because it implies that Jerusalem is "occupied Palestinian territory".
The Palestinians were represented by the Palestine Liberation Organization
in negotiations leading to the Oslo Accords
. They envisioned a 'permanent settlement based on Security Council Resolution 242'. The main premise of the Oslo Accords was the eventual creation of Palestinian autonomy in some or all of the territories captured during the Six-Day War, in return for Palestinian recognition of Israel. However, Minister Nabil Shaath
admitted that the resolution does not require a return to the lines that existed on June 4, 1967, when he said: "Whether a state is announced now or after liberation, its borders must be those of 4 June 1967. We will not accept a state without borders or with borders based on UN Resolution 242, which we believe is no longer suitable. On the contrary, Resolution 242 has come to be used by Israel as a way to procrastinate."
The Security Council subsequently adopted resolution 1515 (2003), which recalled resolution 242 and endorsed the Middle East Quartet’s Road Map
towards a permanent, two-State solution to the Israeli-Palestinian conflict. The Quartet Plan calls for direct, bilateral negotiations as part of a comprehensive resolution of the Arab-Israeli conflict, on the basis of UN Security Council Resolutions 242, 338, 1397
, 1515, 1850, and the Madrid principles. The Quartet has reiterated that the only viable solution to the Israeli-Palestinian conflict is an agreement that ends the occupation that began in 1967; resolves all permanent status issues as previously defined by the parties; and fulfils the aspirations of both parties for independent homelands through two states for two peoples, Israel and an independent, contiguous and viable state of Palestine, living side by side in peace and security.
On April 14, 2004, US President George W. Bush said to Israeli Prime Minister Ariel Sharon, "The United States reiterates its steadfast commitment to Israel's security, including secure, defensible borders." Israeli officials argue that the pre-1967 armistice line is not a defensible border, since Israel would be nine miles wide at the thinnest point, subjected to rocket fire from the highlands of the West Bank, and unable to stop smuggling from Jordan across the Jordan Valley. Thus, Israeli officials have been arguing for the final-status borders to be readjusted to reflect security concerns.
Resolution 1860 (2009) recalled resolution 242 and stressed that the Gaza Strip
constitutes an integral part of the territory occupied in 1967 that will be a part of the Palestinian state.
stressed this principle during a press conference on November 27, 1967 and confirmed it in his letter of January 9, 1968 to David Ben-Gurion
. De Gaulle cited "the pitiful condition of the Arabs who had sought refuge in Jordan or were relegated to Gaza" and stated that provided Israel withdrew her forces, it appeared it would be possible to reach a solution "within the framework of the United Nations that included the assurance of a dignified and fair future for the refugees and minorities in the Middle East."
Alexander Orakhelashvili said that ‘Just settlement’ can only refer to a settlement guaranteeing
the return of displaced Palestinians. He explained that it must be presumed that the Council did not adopt decisions that validated mass deportation or displacement, since expulsion or deportation are crimes against humanity or an exceptionally serious war crime.
According to M. Avrum Ehrlich, 'Resolution 242 called for "a just solution to the refugee problem," a term covering Jewish refugees from Arab countries as stated by President Carter in 1978 at Camp David'.
According to John Quigley, however, it is clear from the context in which it was adopted, and from the statements recounted by the delegates, that Resolution 242 contemplates the Palestine Arab refugees only.
The difference between the two versions lies in the absence of a definite article ("the") in the English version, while the word "des" present in the French version in the expression "des territoires occupés" can only mean "from the occupied territories" (the "des" in front of "territoires occupés" can only be the contraction "from the" because of the use of the word "retrait" which entails an object - "des forces israéliennes" where the "des" is the contraction of "of the" (of the Israeli forces) and a location "des territoires occupés" where the "des" is the contraction of "from the" (from the occupied territories)). If the meaning of "from some occupied territories" were intended, the only way to say so in French would have been "de territoires occupés".
Although some have dismissed the controversy by suggesting that the use of the word "des" in the French version is a translation error and should therefore be ignored in interpreting the document, the debate has retained its force since both versions are of equal legal force, as recognised languages of the United Nations and in international law.
Solicitor
John McHugo, a partner
at Trowers & Hamlins
and a visiting fellow at the Scottish Centre for International Law at Edinburgh University, draws a comparison to phrases such as:
In spite of the lack of definite articles, according to McHugo, it is clear that such an instruction cannot legitimately be taken to imply that some dogs need not be kept on the lead or that the rule applies only near some ponds. Further, McHugo points out a potential consequence of the logic employed by advocates of a "some" reading. Paragraph 2 (a) of the Resolution, which guarantees "freedom of navigation through international waterways in the area," may allow Arab states to interfere with navigation through some international waterways of their choosing.
Glenn Perry asserts that because the French version resolves ambiguities in the English text, and is more consistent with the other clauses of the treaty, it is the correct interpretation. He argues that "it is an accepted rule that the various language versions must be considered together, with the ambiguities of one version elucidated by the other". He cites Article 33 of the Vienna Convention on the Law of Treaties
, which states that except when a treaty provides that one text shall prevail "the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted". He furthermore argues that the context of the passage, in a treaty that reaffirms "'territorial integrity', 'territorial inviolability,' and 'the inadmissibility of the acquisition of territory by war' - taken together cannot be reconciled with anything less than full withdrawal". He argues that the reference to "secure and recognized borders" can be interpreted in several ways, and only one of them contradicts the principle of full withdrawal.
Shabtai Rosenne
, former Permanent Representative of Israel to the United Nations Office at Geneva and member of the UN's International Law Commission
, notes that:
Only English and French were the Security Council's working languages (Arabic, Russian, Spanish and Chinese were official but not the working languages).
The Committee for Accuracy in Middle East Reporting in America
argues the practice at the UN is that the binding version of any resolution is the one voted upon. In the case of 242 that version was in English, so they assert the English version the only binding one.David A. Korn
asserts that this was indeed the position held by the United States and United Kingdom:
The French representative to the Security Council, in the debate immediately after the vote, asserted:
Opponents of the "all territories" reading remind that the UN Security Council declined to adopt a draft resolution, including the definite article, far prior to the adoption of Resolution 242. They argue that, in interpreting a resolution of an international organization, one must look to the process of the negotiation and adoption of the text. This would make the text in English, the language of the discussion, take precedence.
President Carter asked for a State Department report "to determine if there was any justice to the Israeli position that the resolution did not include all the occupied territories". The State Department report concluded:
Ruth Lapidoth describes the view, adopted by Israel, which holds that the resolution allowed Israel to retain "some territories". She argues "The provision on the establishment of “secure and recognized boundaries” would have been meaningless if there had been an obligation to withdraw from all the territories.
U.S. Secretary of State Henry Kissinger
recalled the first time he heard someone invoke "the sacramental language of United Nations Security Council Resolution 242, mumbling about the need for a just and lasting peace within secure and recognized borders". He said the phrase was so platitudinous that he thought the speaker was pulling his leg. Kissinger said that, at that time, he did not appreciate how the flood of words used to justify the various demands obscured rather than illuminated the fundamental positions. Kissinger said those "clashing perspectives" prevented any real bargaining and explained:
However, speaking to Henry Kissinger, President Richard Nixon
said "You and I both know they can’t go back to the other [1967] borders. But we must not, on the other hand, say that because the Israelis win this war, as they won the '67 War, that we just go on with status quo. It can't be done." Kissinger replied "I couldn't agree more"
Moreover, President Gerald Ford
said: "The U.S. further supports the position that a just and lasting peace, which remains our objective, must be acceptable to both sides. The U.S. has not developed a final position on the borders. Should it do so it will give great weight to Israel's position that any peace agreement with Syria must be predicated on Israel remaining on the Golan Heights."
Furthermore, Secretary of State George Shultz declared: "Israel will never negotiate from, or return to, the lines of partition or to the 1967 borders."
Secretary of State Christopher
's letter to Netanyahu states: "I would like to reiterate our position that Israel is entitled to secure and defensible borders, which should be directly negotiated and agreed with its neighbors."
A key part of the case in favour of a "some territories" reading is the claim that British and American officials involved in the drafting of the Resolution omitted the definite article deliberately in order to make it less demanding on the Israelis. As George Brown
, British Foreign Secretary in 1967, said:
Lord Caradon
, chief author of the resolution, takes a subtly different slant. His focus seems to be that the lack of a definite article is intended to deny permanence to the "unsatisfactory" pre-1967 border
, rather than to allow Israel to retain land taken by force. Such a view would appear to allow for the possibility that the borders could be varied through negotiation:
Arthur J. Goldberg, another of the resolution's drafters, concurred that Resolution 242 does not dictate the extent of the withdrawal, and added that this matter should be negotiated between the parties:
Mr. Michael Stewart, Secretary of State for Foreign and Commonwealth Affairs, in a reply to a question in Parliament, 9 December 1969: "As I have explained before, there is reference, in the vital United Nations Security Council Resolution, both to withdrawal from territories and to secure and recognized boundaries. As I have told the House previously, we believe that these two things should be read concurrently and that the omission of the word 'all' before the word 'territories' is deliberate."
Mr. Joseph J. Sisco
, Assistant Secretary of State, 12 July 1970 (NBC "Meet the Press"): "That Resolution did not say 'withdrawal to the pre-June 5 lines'. The Resolution said that the parties must negotiate to achieve agreement on the so-called final secure and recognized borders. In other words, the question of the final borders is a matter of negotiations between the parties." Mr. Sisco was actively involved in drafting the Resolution in his capacity as Assistant Secretary of State for International Organization Affairs in 1967.
President Lyndon B. Johnson
:
On June 9, 1967 Foreign Minister Eban assured US Ambassador Goldberg that Israel was not seeking territorial aggrandizement and had no "colonial" aspirations. Secretary Rusk stressed to the Government of Israel that no settlement with Jordan would be accepted by the world community unless it gave Jordan some special position in the Old City of Jerusalem. The US also assumed Jordan would receive the bulk of the West Bank as that was regarded as Jordanian territory.
On November 3, 1967 US Ambassador Goldberg, accompanied by Mr. Sisco and Mr. Pedersen, called on King Hussein of Jordan. Goldberg said the US was committed to the principle of political independence and territorial integrity and was ready to reaffirm it bilaterally and publicly in the Security Council resolution. The US believes in territorial integrity, withdrawal, and recognition of secure boundaries. Goldberg said the Principle of territorial integrity has two important sub-principles, there must be a withdrawal to recognized and secure frontiers for all countries, not necessarily the old armistice lines, and there must be mutuality in adjustments.
Walt Rostow advised President Johnson, that Secretary Rusk had explained to Mr Eban that US support for secure permanent frontiers doesn't mean we support territorial changes. The record of a meeting between Under Secretary of State Eugene Rostow and Israeli Ambassador Harmon stated that Rostow made clear the US view that there should be movement from General Armistice Agreements to conditions of peace and that this would involve some adjustments of Armistice lines as foreseen in the Armistice Agreements. Rostow told Harmon that he had already stressed to Foreign Minister Eban that the US expected the thrust of the settlement would be toward security and demilitarization arrangements rather than toward major changes in the Armistice lines. Harmon said the Israeli position was that Jerusalem should be an open city under unified administration but that the Jordanian interest in Jerusalem could be met through arrangements including "sovereignty". Rostow said the US government assumed (and Harman confirmed) that despite public statements to the contrary, the Government of Israel position on Jerusalem was that which Eban, Harman, and Evron had given several times, that Jerusalem was negotiable.
Ambassador Goldberg briefed King Hussein on US assurances regarding territorial integrity. Goldberg said the US did not view Jordan as a country that consisted only of the East Bank, and that the US was prepared to support a return of the West Bank to Jordan with minor boundary rectifications. The US would use its influence to obtain compensation to Jordan for any territory it would be required to give up. Finally, although as a matter of policy the US did not agree with Jordan's position on Jerusalem, nor with the Israeli position on Jerusalem, the US was prepared to use its influence to obtain for Jordan a role in Jerusalem. Secretary Rusk advised President Johnson that he confirmed Golberg's pledge regarding territorial integrity to King Hussein.
During a subsequent meeting between President Johnson, King Hussein, and Secretary of State Dean Rusk, Hussein said the phrasing of the resolution calling for withdrawal from occupied territories could be interpreted to mean that the Egyptians should withdraw from Gaza and the Jordanians should withdraw from the West Bank. He said this possibility was evident from a speech given by Prime Minister Eshkol in which it had been claimed that both Gaza and the West Bank had been "occupied territory". The President agreed, and promised he would talk to Ambassador Goldberg about inserting Israel in that clause. Ambassador Goldberg told King Hussein that after taking into account legitimate Arab concerns and suggestions, the US would be willing to add the word "Israeli" before "Armed Forces" in first operative paragraph.
A State Department study noted that when King Hussein met on 8 November with Lyndon Johnson, who had been briefed by Secretary Rusk on the US interpretation, the Jordanian Monarch asked how soon the Israeli troops would withdraw from most of the occupied lands. The President replied "In six months."
William Quandt, wrote about Johnson's meeting with Eban on October 24, 1967, and noted that Israel had annexed East Jerusalem. He said Johnson forcefully told Eban he thought Israel had been unwise when it went to war and that he still thought they were unwise. The President stressed the need to respect the territorial integrity of the Arab states. Quandt said "'The President wished to caution the Israelis that the further they get from June 5 the further they get from peace.' Meaning the more territory they insisted on holding beyond the 1967 lines, the worse would be the odds of getting a peace agreement with the Arabs."
Initially, the resolution was accepted by Egypt, Jordan and Israel but not by the Palestine Liberation Organization
. The Arab position was initially that the Resolution called for Israel to withdraw from all the territory it occupied during the Six-Day War prior to peace agreements.
Israel and the Arab states have negotiated before the Israeli withdrawal. Israel and Jordan made peace without Israel withdrawing from the West Bank, since Jordan had already renounced its claims and recognized the PLO as the sole representative of the Palestinians. Egypt began negotiations before Israel withdrew from the Sinai. Negotiations ended without Egypt ever resuming control of the Gaza Strip, which Egypt held until 1967.
Supporters of the "Palestinian viewpoint" focus on the phrase in the resolution's preamble emphasizing the "inadmissibility of the acquisition of territory by war", and note that the French version called for withdrawal from "des territoires occupés" - "the territories occupied". The French UN delegation insisted on this interpretation at the time, but both English and French are the Secretariat's working languages.
Supporters of the "Israeli viewpoint" note that the second part of that same sentence in the preamble explicitly recognizes the need of existing states to live in security.
They focus on the operative phrase calling for "secure and recognized boundaries" and note that the resolution calls for a withdrawal "from territories" rather than "from the territories" or "from all territories," as the Arabs and others proposed; the latter two terms were rejected from the final draft of Resolution 242.
Alexander Orakhelashvili cites a number cases in which international tribunals have ruled that international organizations, includuing the Security Council, are bound by general international law. He says that inclusion of explicit clauses about the inadmissibility of acquisition of territory by war and requiring respect of territorial integrity and sovereignty of a state demonstrates that the Council does not intend to offend peremptory norms in these specific ways. The resolution also acknowledges that these principles must be part of an accepted settlement. That is confirmed by the Vienna Convention on the Law of Treaties which reiterates the prohibition on the use of force and provides that any settlement obtained by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations or conflicting with a peremptory norm of general international law is invalid. According to Hans-Paul Gasser, ‘doubtful’ wording of the Council’s resolutions must always be construed in such a way as to avoid conflict with fundamental international obligations.
The USSR, India, Mali, Nigeria and Arab States all proposed that the resolution be changed to read "all territories" instead of "territories." Their request was discussed by the UN Security Council and "territories" was adopted instead of "all territories", after President Johnson told Premier Alexei Kosygin that the delegates should not try to negotiate the details of a Middle East settlement in the corridors and meeting halls of the United Nations, and Ambassador Goldberg stipulated that the exact wording of the resolution would not affect the position of any of the parties. Per Lord Caradon
, the chief author of the resolution:
Lord Caradon
also maintained,
During a symposium on the subject Lord Caradon
said that Israel was in clear defiance of resolution 242. He specifically cited the "annexation of East Jerusalem" and "the creeping colonialism on the West Bank and in Gaza and in the Golan."
However, British Foreign Secretary George Brown
said:
stated to the Security Council:
The representatives from Nigeria
, France
, USSR, Bulgaria
, United Arab Republic
(Egypt), Ethiopia
, Jordan
, Argentina
and Mali
supported this view, as worded by the representative from Mali: "[Mali] wishes its vote today to be interpreted in the light of the clear and unequivocal interpretation which the representative of India gave of the provisions of the United Kingdom text." The Russian representative Vasili Kuznetsov stated:
Israel
was the only country represented at the Security Council to express a contrary view. The USA
, United Kingdom
, Canada
, Denmark
, China
and Japan
were silent on the matter, but the US and UK did point out that other countries' comments on the meaning of 242 were simply their own views. The Syria
n representative was strongly critical of the text's "vague call on Israel to withdraw".
The statement by the Brazil
ian representative perhaps gives a flavour of the complexities at the heart of the discussions:
However, the Soviet delegate Vasily Kuznetsov argued: " ... phrases such as 'secure and recognized boundaries'. ... make it possible for Israel itself arbitrarily to establish new boundaries and to withdraw its forces only to those lines it considers appropriate." [1373rd meeting, para. 152.]
U.S. Supreme Court Justice
Arthur Goldberg
, who represented the US in discussions, later stated: "The notable omissions in regard to withdrawal are the word 'the' or 'all' and 'the June 5, 1967 lines' the resolution speaks of withdrawal from occupied territories, without defining the extent of withdrawal".
as Special Envoy to negotiate the implementation of the resolution with the parties, the so-called Jarring Mission
. The governments of Israel
, Egypt
, Jordan
and Lebanon
recognized Jarring's appointment and agreed to participate in his shuttle diplomacy, although they differed on key points of interpretation of the resolution. The government of Syria
rejected Jarring's mission on grounds that total Israeli withdrawal was a prerequisite for further negotiations. The talks under Jarring's auspices lasted until 1973, but bore no results. After 1973, the Jarring mission was replaced by bilateral and multilateral peace conferences.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six Day War. It was adopted under Chapter VI
of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
. The resolution was sponsored by British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
ambassador Lord Caradon and was one of five drafts under consideration.
The preamble refers to the "inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in the Middle East in which every State in the area can live in security."
Operative Paragraph One "Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
-
- (i) Withdrawal of Israel armed forces from territories occupied in the recent conflict;
-
- (ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force."
Resolution 242 is one of the most commonly referred UN resolutions to end the Arab–Israeli conflict
Arab–Israeli conflict
The Arab–Israeli conflict refers to political tensions and open hostilities between the Arab peoples and the Jewish community of the Middle East. The modern Arab-Israeli conflict began with the rise of Zionism and Arab Nationalism towards the end of the nineteenth century, and intensified with the...
, and the basis of later negotiations between the parties.
Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
and Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
entered into consultations
Jarring Mission
The Jarring Mission refers to efforts undertaken by Gunnar Jarring to achieve a peaceful settlement of the conflict between Israel and its Arab neighbors following the Six-Day War in 1967...
with the UN Special representative
Gunnar Jarring
Gunnar Valfrid Jarring was a Swedish diplomat and Turkologist.Jarring was born in Brunnby, Höganäs Municipality, Skåne County , Sweden. He earned a Ph.D. from Lund University in 1933 with his dissertation Studien zu einer osttürkischen Lautlehre...
over the implementation of 242. After denouncing it in 1967, Syria "conditionally" accepted the resolution in March 1972. Syria formally accepted UN Security Council Resolution 338, the cease-fire at the end of the Yom Kippur War
Yom Kippur War
The Yom Kippur War, Ramadan War or October War , also known as the 1973 Arab-Israeli War and the Fourth Arab-Israeli War, was fought from October 6 to 25, 1973, between Israel and a coalition of Arab states led by Egypt and Syria...
(in 1973), which embraced resolution 242.
On 1 May 1968, Israeli ambassador to the UN expressed Israel's position to the Security Council: "My government has indicated its acceptance of the Security Council resolution for the promotion of agreement on the establishment of a just and lasting peace. I am also authorized to reaffirm that we are willing to seek agreement with each Arab State on all matters included in that resolution."
In a statement to the General Assembly on 15 October 1968, the PLO
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...
rejected Resolution 242, saying "the implementation of said resolution will lead to the loss of every hope for the establishment of peace and security in Palestine and the Middle East region." In September 1993, the PLO agreed that Resolutions 242 and 338 should be the basis for negotiations with Israel when it signed the Declaration of Principles.
Context
The resolution is the formula proposed by the Security Council for the successful resolution of the Arab-Israeli conflict, in particular, ending the state of belligerency then existing between the 'States concerned', IsraelIsrael
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
and Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
, Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
and Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
. The resolution deals with five principles; withdrawal of Israeli forces, 'peace within secure and recognized boundaries', freedom of navigation, a just settlement of the refugee problem and security measures including demilitarized zones. It also provided for the appointment of a Special Representative to proceed to the Middle East in order to promote agreement on a peaceful and accepted settlement in accordance with the principles outlined in the resolution.
Upon presenting the draft resolution to the Security Council, the U.K. representative Lord Caradon said:
Donald Neff, John McHugo, Glenn Perry, and John Norton Moore have drawn attention to Israel's use of subsequent statements by particular statesmen who were involved in the drafting and passage of the resolution which are either inconclusive, or which contradict what they actually said during the UN debates in 1967.
Secretary of State Dean Rusk
Dean Rusk
David Dean Rusk was the United States Secretary of State from 1961 to 1969 under presidents John F. Kennedy and Lyndon B. Johnson. Rusk is the second-longest serving U.S...
commented on the most significant area of disagreement regarding the resolution:
There was much bickering over whether that resolution should say from "the" territories or from "all" territories. In the French version, which is equally authentic, it says withdrawal de territory, with de meaning "the." We wanted that to be left a little vague and subject to future negotiation because we thought the Israeli border along the West Bank could be "rationalized"; certain anomalies could easily be straightened out with some exchanges of territory, making a more sensible border for all parties. We also wanted to leave open demilitarization measures in the Sinai and the Golan Heights and take a fresh look at the old city of Jerusalem. But we never contemplated any significant grant of territory to Israel as a result of the June 1967 war. On that point we and the Israelis to this day remain sharply divided. This situation could lead to real trouble in the future. Although every President since Harry Truman has committed the United States to the security and independence of Israel, I'm not aware of any commitment the United States has made to assist Israel in retaining territories seized in the Six-Day War.
A memorandum from the President's Special Assistant, Walt Rostow to President Johnson said "What's on the Arab Ambassadors' minds boils down to one big question: Will we make good on our pledge to support the territorial integrity of all states in the Middle East? Our best answer is that we stand by that pledge, but the only way to make good on it is to have a genuine peace. The tough question is whether we'd force Israel back to 4 June borders if the Arabs accepted terms that amounted to an honest peace settlement. Secretary Rusk told the Yugoslav Foreign Minister: 'The US had no problem with frontiers as they existed before the outbreak of hostilities. If we are talking about national frontiers--in a state of peace--then we will work toward restoring them.' But we all know that could lead to a tangle with the Israelis."
Rusk met with Foreign Minister Nikezic on August 30, 1967. However, according to telegram 30825 to Belgrade, September 1, which summarizes the conversation, Rusk said the key to a settlement was to end the state of war and belligerence and that if a way could be found to deal with this, other things would fall into place; the difference between pre-June 5 positions and secure national boundaries was an important difference.
President Johnson responded to a complaint from President Tito that Israel could change the frontiers without Arab consent: "You note that the Arabs feel the US interprets the draft resolution to imply a change of frontiers to their detriment. We have no preconceptions on frontiers as such. What we believe to be important is that the frontiers be secure. For this the single most vital condition is that they be acceptable to both sides. It is a source of regret to us that the Arabs appear to misunderstand our proposal and misread our motives."
Furthermore, Secretary Rusk's Telegram dated March 2, 1968 to the U.S. Interests Section of the Spanish Embassy in Cairo summarizing Undersecretary of State for Political Affairs Eugene Rostow’s conversation with Soviet Ambassador Anatoly Dobrynin states:
In an address delivered on September 1, 1982 President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
said:
According to Lynk there are three schools of thought concerning the proper legal interpretation of the withdrawal phrase. Some of the parties involved have suggested that the indefinite language is a “perceptible loophole”, that authorizes “territorial revision” for Israel’s benefit. Some have stated that the indefinite language was used to permit insubstantial and mutually beneficial alterations to the 1949 armistices lines, but that unilateral annexation of the captured territory was never authorized. Other parties have said that no final settlement obtained through force or the threat of force could be considered valid. They insist that the Security Council cannot create loopholes in peremptory norms of international law or the UN Charter, and that any use of indefinite language has to be interpreted in line with the overriding legal principles regarding the “inadmissibility of the acquisition of territory by war” and the prohibitions on mass deportations or displacement in connection with the settlement of the refugee problem.
Orakhelashvili says that the Security Council manifestly lacks the competence to validate agreements imposed through coercion, not least because the peremptory prohibition of the use of force is a limitation on the Council’s powers and the voidness of coercively imposed treaties is the clear consequence of jus cogens and the conventional law as reflected in the Vienna Convention on the Law of Treaties. A recent international study concluded that the ultimate status and boundaries will require negotiation between the parties, according to Security Council Resolutions 242 and 338. The same study also found that the provisions of the Fourth Geneva Convention which govern ‘special agreements’ that can adversely affect the rights of protected persons precludes any change in status of the territory obtained through an agreement concluded during a state of belligerent occupation.
Preamble
John McHugo says that by the 1920s, international law no longer recognized that a state could acquire title to territory by conquest. Article 2 of the Charter of the United Nations requires all members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.Michael Lynk says that article 2 of the Charter embodied a prevailing legal principle that there could be "no title by conquest". He says that principle had been expressed through numerous international conferences, doctrines and treaties since the late 19th Century. Lynk cites the examples of the First International Conference of American States in 1890; the United States Stimson Doctrine of 1932; the 1932 League of Nations resolution on Japanese aggression in China; the Buenos Aires Declaration of 1936; and the Atlantic Charter of 1941. Surya Sharma says that a war in self-defense cannot result in acquisition of title by conquest. He says that even if a war is lawful in origin it cannot exceed the limits of legitimate self-defense.
Land for peace
The resolution also calls for the implementation of the "land for peaceLand for peace
Land for peace is an interpretation of UN Security Council Resolution 242 which has formed the basis of subsequent Arab-Israeli peace making. The name Land for Peace is derived from the wording of the resolution's first operative paragraph which affirms that peace should include the application of...
" formula, calling for Israeli withdrawal from "territories" it had occupied in 1967 in exchange for peace with its neighbors. This was an important advance at the time, considering that there were no peace treaties between any Arab state and Israel until the Israel-Egypt Peace Treaty
Israel-Egypt Peace Treaty
The 1979 Egypt–Israel Peace Treaty was signed in Washington, D.C. on the 26th of March 1979, following the 1978 Camp David Accords, which were signed by Egyptian President Anwar El Sadat and Israeli Prime Minister Menachem Begin, and were witnessed by United States President Jimmy Carter.The peace...
of 1979. "Land for peace" served as the basis of the Israel-Egypt Peace Treaty, in which Israel withdrew from the Sinai peninsula
Sinai Peninsula
The Sinai Peninsula or Sinai is a triangular peninsula in Egypt about in area. It is situated between the Mediterranean Sea to the north, and the Red Sea to the south, and is the only part of Egyptian territory located in Asia as opposed to Africa, effectively serving as a land bridge between two...
(Egypt withdrew its claims to the Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
in favor of the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...
). Jordan renounced its claims regarding the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
in favor of the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...
, and has signed the Israel-Jordan Treaty of Peace
Israel-Jordan Treaty of Peace
The Israel–Jordan Treaty of Peace was signed in 1994. The treaty normalized relations between the two countries and resolved territorial disputes. The conflict had cost roughly US$18.3 billion...
in 1994, that established the Jordan River as the boundary of Jordan.
Throughout the 1990s, there were Israeli-Syrian negotiations regarding a normalization of relations and an Israeli withdrawal from the Golan Heights. But a peace treaty was not made, mainly due to Syria's desire to recover and retain 25 square kilometers of territory in the Jordan River Valley which it seized in 1948 and occupied until 1967. As the United Nations recognizes only the 1948 borders, there is little support for the Syrian position outside the Arab bloc nor in resolving the Golan Heights issue.
The UN resolution does not specifically mention the Palestinians. The United Kingdom had recognized the union between the West Bank and Transjordan. Lord Caradon said that the parties assumed that withdrawal from occupied territories as provided in the resolution was applicable to East Jerusalem. "Nevertheless so important is the future of Jerusalem that it might be argued that we should have specifically dealt with that issue in the 1967 Resolution. It is easy to say that now, but I am quite sure that if we had attempted to raise or settle the question of Jerusalem as a separate issue at that time our task in attempting to find a unanimous decision would have been far greater if not impossible."
Judge Higgins explained "from Security Council resolution 242 (1967) through to Security Council Resolution 1515
United Nations Security Council Resolution 1515
United Nations Security Council Resolution 1515, adopted unanimously on November 19, 2003, after recalling all previous resolutions on the situation in the Middle East, particularly resolutions 242 , 338 , 1397 and the Madrid Principles, the Council endorsed the Road map for peace proposed by the...
(2003), the key underlying requirements have remained the same - that Israel is entitled to exist, to be recognized, and to security, and that the Palestinian people are entitled to their territory, to exercise self-determination, and to have their own State."
Secretary of State Madeleine Albright
Madeleine Albright
Madeleine Korbelová Albright is the first woman to become a United States Secretary of State. She was appointed by U.S. President Bill Clinton on December 5, 1996, and was unanimously confirmed by a U.S. Senate vote of 99–0...
told the U.N. Security Council: "We simply do not support the description of the territories occupied by Israel in 1967 as 'Occupied Palestinian Territory'. In the view of my Government, this language could be taken to indicate sovereignty, a matter which both Israel and the PLO have agreed must be decided in negotiations on the final status of the territories. "Had this language appeared in the operative paragraphs of the resolution, let me be clear: we would have exercised our veto. In fact, we are today voting against a resolution in the Commission on the Status of Women precisely because it implies that Jerusalem is "occupied Palestinian territory".
The Palestinians were represented by the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...
in negotiations leading to the Oslo Accords
Oslo Accords
The Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles , was an attempt to resolve the ongoing Palestinian-Israeli conflict...
. They envisioned a 'permanent settlement based on Security Council Resolution 242'. The main premise of the Oslo Accords was the eventual creation of Palestinian autonomy in some or all of the territories captured during the Six-Day War, in return for Palestinian recognition of Israel. However, Minister Nabil Shaath
Nabil Shaath
Nabil Shaath is a senior Palestinian official who has held the following titles:*Palestinian chief negotiator*Palestinian cabinet minister*Palestinian International Co-operation Minister*Planning Minister for the Palestinian National Authority...
admitted that the resolution does not require a return to the lines that existed on June 4, 1967, when he said: "Whether a state is announced now or after liberation, its borders must be those of 4 June 1967. We will not accept a state without borders or with borders based on UN Resolution 242, which we believe is no longer suitable. On the contrary, Resolution 242 has come to be used by Israel as a way to procrastinate."
The Security Council subsequently adopted resolution 1515 (2003), which recalled resolution 242 and endorsed the Middle East Quartet’s Road Map
Road map for peace
The roadmap for peace or "road map" for peace is a plan to resolve the Israeli-Palestinian conflict proposed by a "quartet" of international entities: the United States, the European Union, Russia, and the United Nations. The principles of the plan, originally drafted by U.S. Foreign Service...
towards a permanent, two-State solution to the Israeli-Palestinian conflict. The Quartet Plan calls for direct, bilateral negotiations as part of a comprehensive resolution of the Arab-Israeli conflict, on the basis of UN Security Council Resolutions 242, 338, 1397
United Nations Security Council Resolution 1397
United Nations Security Council Resolution 1397, adopted on March 12, 2002, after recalling resolutions 242 and 338 , the Council demanded an end to violence during the Second Intifada between the Israeli and Palestinian sides...
, 1515, 1850, and the Madrid principles. The Quartet has reiterated that the only viable solution to the Israeli-Palestinian conflict is an agreement that ends the occupation that began in 1967; resolves all permanent status issues as previously defined by the parties; and fulfils the aspirations of both parties for independent homelands through two states for two peoples, Israel and an independent, contiguous and viable state of Palestine, living side by side in peace and security.
On April 14, 2004, US President George W. Bush said to Israeli Prime Minister Ariel Sharon, "The United States reiterates its steadfast commitment to Israel's security, including secure, defensible borders." Israeli officials argue that the pre-1967 armistice line is not a defensible border, since Israel would be nine miles wide at the thinnest point, subjected to rocket fire from the highlands of the West Bank, and unable to stop smuggling from Jordan across the Jordan Valley. Thus, Israeli officials have been arguing for the final-status borders to be readjusted to reflect security concerns.
Resolution 1860 (2009) recalled resolution 242 and stressed that the Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
constitutes an integral part of the territory occupied in 1967 that will be a part of the Palestinian state.
Settlement of the refugee problem
The resolution advocates a "just settlement of the refugee problem". Lord Caradon said "It has been said that in the Resolution we treated Palestinians only as refugees, but this is unjustified. We provided that Israel should withdraw from occupied territories and it was together with that requirement for a restoration of Arab territory that we also called for a settlement of the refugee problem." Upon the adoption of Resolution 242, French President Charles de GaulleCharles de Gaulle
Charles André Joseph Marie de Gaulle was a French general and statesman who led the Free French Forces during World War II. He later founded the French Fifth Republic in 1958 and served as its first President from 1959 to 1969....
stressed this principle during a press conference on November 27, 1967 and confirmed it in his letter of January 9, 1968 to David Ben-Gurion
David Ben-Gurion
' was the first Prime Minister of Israel.Ben-Gurion's passion for Zionism, which began early in life, led him to become a major Zionist leader and Executive Head of the World Zionist Organization in 1946...
. De Gaulle cited "the pitiful condition of the Arabs who had sought refuge in Jordan or were relegated to Gaza" and stated that provided Israel withdrew her forces, it appeared it would be possible to reach a solution "within the framework of the United Nations that included the assurance of a dignified and fair future for the refugees and minorities in the Middle East."
Alexander Orakhelashvili said that ‘Just settlement’ can only refer to a settlement guaranteeing
the return of displaced Palestinians. He explained that it must be presumed that the Council did not adopt decisions that validated mass deportation or displacement, since expulsion or deportation are crimes against humanity or an exceptionally serious war crime.
According to M. Avrum Ehrlich, 'Resolution 242 called for "a just solution to the refugee problem," a term covering Jewish refugees from Arab countries as stated by President Carter in 1978 at Camp David'.
According to John Quigley, however, it is clear from the context in which it was adopted, and from the statements recounted by the delegates, that Resolution 242 contemplates the Palestine Arab refugees only.
French version vs. English version of text
The French version of the clause reads:The difference between the two versions lies in the absence of a definite article ("the") in the English version, while the word "des" present in the French version in the expression "des territoires occupés" can only mean "from the occupied territories" (the "des" in front of "territoires occupés" can only be the contraction "from the" because of the use of the word "retrait" which entails an object - "des forces israéliennes" where the "des" is the contraction of "of the" (of the Israeli forces) and a location "des territoires occupés" where the "des" is the contraction of "from the" (from the occupied territories)). If the meaning of "from some occupied territories" were intended, the only way to say so in French would have been "de territoires occupés".
Although some have dismissed the controversy by suggesting that the use of the word "des" in the French version is a translation error and should therefore be ignored in interpreting the document, the debate has retained its force since both versions are of equal legal force, as recognised languages of the United Nations and in international law.
Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
John McHugo, a partner
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
at Trowers & Hamlins
Trowers & Hamlins
Trowers & Hamlins LLP is a international law firm with offices throughout the UK and Middle East. The firm undertakes work around the globe and has over 100 partners and approximately 700 employees.-History:...
and a visiting fellow at the Scottish Centre for International Law at Edinburgh University, draws a comparison to phrases such as:
In spite of the lack of definite articles, according to McHugo, it is clear that such an instruction cannot legitimately be taken to imply that some dogs need not be kept on the lead or that the rule applies only near some ponds. Further, McHugo points out a potential consequence of the logic employed by advocates of a "some" reading. Paragraph 2 (a) of the Resolution, which guarantees "freedom of navigation through international waterways in the area," may allow Arab states to interfere with navigation through some international waterways of their choosing.
Glenn Perry asserts that because the French version resolves ambiguities in the English text, and is more consistent with the other clauses of the treaty, it is the correct interpretation. He argues that "it is an accepted rule that the various language versions must be considered together, with the ambiguities of one version elucidated by the other". He cites Article 33 of the Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
, which states that except when a treaty provides that one text shall prevail "the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted". He furthermore argues that the context of the passage, in a treaty that reaffirms "'territorial integrity', 'territorial inviolability,' and 'the inadmissibility of the acquisition of territory by war' - taken together cannot be reconciled with anything less than full withdrawal". He argues that the reference to "secure and recognized borders" can be interpreted in several ways, and only one of them contradicts the principle of full withdrawal.
Shabtai Rosenne
Shabtai Rosenne
Shabtai Rosenne , formerly known as Sefton Wilfred David Rowson was a Professor of International Law and an Israeli diplomat....
, former Permanent Representative of Israel to the United Nations Office at Geneva and member of the UN's International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
, notes that:
Only English and French were the Security Council's working languages (Arabic, Russian, Spanish and Chinese were official but not the working languages).
The Committee for Accuracy in Middle East Reporting in America
Committee for Accuracy in Middle East Reporting in America
The Committee for Accuracy in Middle East Reporting in America is an American non-profit pro-Israel media watchdog group. The group says it was founded in 1982 "to respond to the Washington Post's coverage of Israel's Lebanon incursion", and to respond to what it considers the media's "general...
argues the practice at the UN is that the binding version of any resolution is the one voted upon. In the case of 242 that version was in English, so they assert the English version the only binding one.David A. Korn
David A. Korn
David Adolph Korn is a former U.S diplomat, former United States Ambassador to Togo, author, and foreign service officer. He was appointed to his ambassadorship position on October 16, 1986, and left that post on April 4, 1988....
asserts that this was indeed the position held by the United States and United Kingdom:
The French representative to the Security Council, in the debate immediately after the vote, asserted:
Opponents of the "all territories" reading remind that the UN Security Council declined to adopt a draft resolution, including the definite article, far prior to the adoption of Resolution 242. They argue that, in interpreting a resolution of an international organization, one must look to the process of the negotiation and adoption of the text. This would make the text in English, the language of the discussion, take precedence.
The negotiating and drafting process
A Congressional Research Service (CRS) Issue Brief quotes policy statements made by President Johnson in a speech delivered on September 10, 1968 and by Secretary of State Rogers in a speech delivered on December 9, 1969 "The United States has stated that boundaries should be negotiated and mutually recognized, “should not reflect the weight of conquest,” and that adjustments in the pre-1967 boundaries should be “insubstantial.”President Carter asked for a State Department report "to determine if there was any justice to the Israeli position that the resolution did not include all the occupied territories". The State Department report concluded:
Support for the concept of total withdrawal was widespread in the Security Council, and it was only through intensive American efforts that a resolution was adopted which employed indefinite language in the withdrawal clause. In the process of obtaining this result, the United States made clear to the Arab states and several other members of the Security Council that the United States envisioned only insubstantial revisions of the 1949 armistice lines. Israel did not protest the approach.
Ruth Lapidoth describes the view, adopted by Israel, which holds that the resolution allowed Israel to retain "some territories". She argues "The provision on the establishment of “secure and recognized boundaries” would have been meaningless if there had been an obligation to withdraw from all the territories.
U.S. Secretary of State Henry Kissinger
Henry Kissinger
Heinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...
recalled the first time he heard someone invoke "the sacramental language of United Nations Security Council Resolution 242, mumbling about the need for a just and lasting peace within secure and recognized borders". He said the phrase was so platitudinous that he thought the speaker was pulling his leg. Kissinger said that, at that time, he did not appreciate how the flood of words used to justify the various demands obscured rather than illuminated the fundamental positions. Kissinger said those "clashing perspectives" prevented any real bargaining and explained:
However, speaking to Henry Kissinger, President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
said "You and I both know they can’t go back to the other [1967] borders. But we must not, on the other hand, say that because the Israelis win this war, as they won the '67 War, that we just go on with status quo. It can't be done." Kissinger replied "I couldn't agree more"
Moreover, President Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
said: "The U.S. further supports the position that a just and lasting peace, which remains our objective, must be acceptable to both sides. The U.S. has not developed a final position on the borders. Should it do so it will give great weight to Israel's position that any peace agreement with Syria must be predicated on Israel remaining on the Golan Heights."
Furthermore, Secretary of State George Shultz declared: "Israel will never negotiate from, or return to, the lines of partition or to the 1967 borders."
Secretary of State Christopher
Warren Christopher
Warren Minor Christopher was an American lawyer, diplomat and politician. During Bill Clinton's first term as President, Christopher served as the 63rd Secretary of State. He also served as Deputy Attorney General in the Lyndon Johnson administration, and as Deputy Secretary of State in the Jimmy...
's letter to Netanyahu states: "I would like to reiterate our position that Israel is entitled to secure and defensible borders, which should be directly negotiated and agreed with its neighbors."
A key part of the case in favour of a "some territories" reading is the claim that British and American officials involved in the drafting of the Resolution omitted the definite article deliberately in order to make it less demanding on the Israelis. As George Brown
George Brown, Baron George-Brown
George Alfred Brown, Baron George-Brown, PC was a British Labour politician, who served as the Deputy Leader of the Labour Party from 1960 to 1970, and served in a number of positions in the Cabinet, most notably as Foreign Secretary, in the Labour Government of the 1960s...
, British Foreign Secretary in 1967, said:
Lord Caradon
Hugh Foot, Baron Caradon
Hugh Mackintosh Foot, Baron Caradon, GCMG KCVO OBE PC was a British colonial administrator and diplomat who oversaw moves to independence in various colonies and was UK representative to the United Nations....
, chief author of the resolution, takes a subtly different slant. His focus seems to be that the lack of a definite article is intended to deny permanence to the "unsatisfactory" pre-1967 border
Green Line (Israel)
Green Line refers to the demarcation lines set out in the 1949 Armistice Agreements between Israel and its neighbours after the 1948 Arab-Israeli War...
, rather than to allow Israel to retain land taken by force. Such a view would appear to allow for the possibility that the borders could be varied through negotiation:
Arthur J. Goldberg, another of the resolution's drafters, concurred that Resolution 242 does not dictate the extent of the withdrawal, and added that this matter should be negotiated between the parties:
Mr. Michael Stewart, Secretary of State for Foreign and Commonwealth Affairs, in a reply to a question in Parliament, 9 December 1969: "As I have explained before, there is reference, in the vital United Nations Security Council Resolution, both to withdrawal from territories and to secure and recognized boundaries. As I have told the House previously, we believe that these two things should be read concurrently and that the omission of the word 'all' before the word 'territories' is deliberate."
Mr. Joseph J. Sisco
Joseph J. Sisco
Joseph John Sisco , was a diplomat who played a major role in then-Secretary of State Henry Kissinger's shuttle diplomacy in the Middle East and whose career in the State Department spanned five presidential administrations and numerous foreign-policy crises.-Early life:A Chicago native, Dr. Sisco...
, Assistant Secretary of State, 12 July 1970 (NBC "Meet the Press"): "That Resolution did not say 'withdrawal to the pre-June 5 lines'. The Resolution said that the parties must negotiate to achieve agreement on the so-called final secure and recognized borders. In other words, the question of the final borders is a matter of negotiations between the parties." Mr. Sisco was actively involved in drafting the Resolution in his capacity as Assistant Secretary of State for International Organization Affairs in 1967.
President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
:
Foreign relations of the United States
On June 19, 1967 President Johnson declared the five principles, including land for peace, that he believed comprised the components of any United Nations settlement of the Middle East crisis. He pledged the U.S. Government would "do its part for peace in every forum, at every level, at every hour". On July 12, 1967 the Secretary of State announced that the U.S. position on the Near East crisis was outlined in the President's statement of June 19 and that it provided the basis for a just and equitable settlement between the Arab states and Israel. On August 16, 1967 the Israeli Foreign Office stated that Israel agreed with the principles set forth by the President on June 19 and indicated that no resolution would be acceptable if it deviated from them.On June 9, 1967 Foreign Minister Eban assured US Ambassador Goldberg that Israel was not seeking territorial aggrandizement and had no "colonial" aspirations. Secretary Rusk stressed to the Government of Israel that no settlement with Jordan would be accepted by the world community unless it gave Jordan some special position in the Old City of Jerusalem. The US also assumed Jordan would receive the bulk of the West Bank as that was regarded as Jordanian territory.
On November 3, 1967 US Ambassador Goldberg, accompanied by Mr. Sisco and Mr. Pedersen, called on King Hussein of Jordan. Goldberg said the US was committed to the principle of political independence and territorial integrity and was ready to reaffirm it bilaterally and publicly in the Security Council resolution. The US believes in territorial integrity, withdrawal, and recognition of secure boundaries. Goldberg said the Principle of territorial integrity has two important sub-principles, there must be a withdrawal to recognized and secure frontiers for all countries, not necessarily the old armistice lines, and there must be mutuality in adjustments.
Walt Rostow advised President Johnson, that Secretary Rusk had explained to Mr Eban that US support for secure permanent frontiers doesn't mean we support territorial changes. The record of a meeting between Under Secretary of State Eugene Rostow and Israeli Ambassador Harmon stated that Rostow made clear the US view that there should be movement from General Armistice Agreements to conditions of peace and that this would involve some adjustments of Armistice lines as foreseen in the Armistice Agreements. Rostow told Harmon that he had already stressed to Foreign Minister Eban that the US expected the thrust of the settlement would be toward security and demilitarization arrangements rather than toward major changes in the Armistice lines. Harmon said the Israeli position was that Jerusalem should be an open city under unified administration but that the Jordanian interest in Jerusalem could be met through arrangements including "sovereignty". Rostow said the US government assumed (and Harman confirmed) that despite public statements to the contrary, the Government of Israel position on Jerusalem was that which Eban, Harman, and Evron had given several times, that Jerusalem was negotiable.
Ambassador Goldberg briefed King Hussein on US assurances regarding territorial integrity. Goldberg said the US did not view Jordan as a country that consisted only of the East Bank, and that the US was prepared to support a return of the West Bank to Jordan with minor boundary rectifications. The US would use its influence to obtain compensation to Jordan for any territory it would be required to give up. Finally, although as a matter of policy the US did not agree with Jordan's position on Jerusalem, nor with the Israeli position on Jerusalem, the US was prepared to use its influence to obtain for Jordan a role in Jerusalem. Secretary Rusk advised President Johnson that he confirmed Golberg's pledge regarding territorial integrity to King Hussein.
During a subsequent meeting between President Johnson, King Hussein, and Secretary of State Dean Rusk, Hussein said the phrasing of the resolution calling for withdrawal from occupied territories could be interpreted to mean that the Egyptians should withdraw from Gaza and the Jordanians should withdraw from the West Bank. He said this possibility was evident from a speech given by Prime Minister Eshkol in which it had been claimed that both Gaza and the West Bank had been "occupied territory". The President agreed, and promised he would talk to Ambassador Goldberg about inserting Israel in that clause. Ambassador Goldberg told King Hussein that after taking into account legitimate Arab concerns and suggestions, the US would be willing to add the word "Israeli" before "Armed Forces" in first operative paragraph.
A State Department study noted that when King Hussein met on 8 November with Lyndon Johnson, who had been briefed by Secretary Rusk on the US interpretation, the Jordanian Monarch asked how soon the Israeli troops would withdraw from most of the occupied lands. The President replied "In six months."
William Quandt, wrote about Johnson's meeting with Eban on October 24, 1967, and noted that Israel had annexed East Jerusalem. He said Johnson forcefully told Eban he thought Israel had been unwise when it went to war and that he still thought they were unwise. The President stressed the need to respect the territorial integrity of the Arab states. Quandt said "'The President wished to caution the Israelis that the further they get from June 5 the further they get from peace.' Meaning the more territory they insisted on holding beyond the 1967 lines, the worse would be the odds of getting a peace agreement with the Arabs."
Interpretations
Israel interprets Resolution 242 as calling for withdrawal from territories as part of a negotiated peace and full diplomatic recognition. The extent of withdrawal would come as a result of comprehensive negotiations that led to durable peace not before Arabs start to meet their own obligations under Resolution 242.Initially, the resolution was accepted by Egypt, Jordan and Israel but not by the Palestine Liberation Organization
Palestine Liberation Organization
The Palestine Liberation Organization is a political and paramilitary organization which was created in 1964. It is recognized as the "sole legitimate representative of the Palestinian people" by the United Nations and over 100 states with which it holds diplomatic relations, and has enjoyed...
. The Arab position was initially that the Resolution called for Israel to withdraw from all the territory it occupied during the Six-Day War prior to peace agreements.
Israel and the Arab states have negotiated before the Israeli withdrawal. Israel and Jordan made peace without Israel withdrawing from the West Bank, since Jordan had already renounced its claims and recognized the PLO as the sole representative of the Palestinians. Egypt began negotiations before Israel withdrew from the Sinai. Negotiations ended without Egypt ever resuming control of the Gaza Strip, which Egypt held until 1967.
Supporters of the "Palestinian viewpoint" focus on the phrase in the resolution's preamble emphasizing the "inadmissibility of the acquisition of territory by war", and note that the French version called for withdrawal from "des territoires occupés" - "the territories occupied". The French UN delegation insisted on this interpretation at the time, but both English and French are the Secretariat's working languages.
Supporters of the "Israeli viewpoint" note that the second part of that same sentence in the preamble explicitly recognizes the need of existing states to live in security.
They focus on the operative phrase calling for "secure and recognized boundaries" and note that the resolution calls for a withdrawal "from territories" rather than "from the territories" or "from all territories," as the Arabs and others proposed; the latter two terms were rejected from the final draft of Resolution 242.
Alexander Orakhelashvili cites a number cases in which international tribunals have ruled that international organizations, includuing the Security Council, are bound by general international law. He says that inclusion of explicit clauses about the inadmissibility of acquisition of territory by war and requiring respect of territorial integrity and sovereignty of a state demonstrates that the Council does not intend to offend peremptory norms in these specific ways. The resolution also acknowledges that these principles must be part of an accepted settlement. That is confirmed by the Vienna Convention on the Law of Treaties which reiterates the prohibition on the use of force and provides that any settlement obtained by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations or conflicting with a peremptory norm of general international law is invalid. According to Hans-Paul Gasser, ‘doubtful’ wording of the Council’s resolutions must always be construed in such a way as to avoid conflict with fundamental international obligations.
The USSR, India, Mali, Nigeria and Arab States all proposed that the resolution be changed to read "all territories" instead of "territories." Their request was discussed by the UN Security Council and "territories" was adopted instead of "all territories", after President Johnson told Premier Alexei Kosygin that the delegates should not try to negotiate the details of a Middle East settlement in the corridors and meeting halls of the United Nations, and Ambassador Goldberg stipulated that the exact wording of the resolution would not affect the position of any of the parties. Per Lord Caradon
Hugh Foot, Baron Caradon
Hugh Mackintosh Foot, Baron Caradon, GCMG KCVO OBE PC was a British colonial administrator and diplomat who oversaw moves to independence in various colonies and was UK representative to the United Nations....
, the chief author of the resolution:
Lord Caradon
Hugh Foot, Baron Caradon
Hugh Mackintosh Foot, Baron Caradon, GCMG KCVO OBE PC was a British colonial administrator and diplomat who oversaw moves to independence in various colonies and was UK representative to the United Nations....
also maintained,
During a symposium on the subject Lord Caradon
Hugh Foot, Baron Caradon
Hugh Mackintosh Foot, Baron Caradon, GCMG KCVO OBE PC was a British colonial administrator and diplomat who oversaw moves to independence in various colonies and was UK representative to the United Nations....
said that Israel was in clear defiance of resolution 242. He specifically cited the "annexation of East Jerusalem" and "the creeping colonialism on the West Bank and in Gaza and in the Golan."
However, British Foreign Secretary George Brown
George Brown
- Politicians :* George Brown, Baron George-Brown , British politician, Secretary of State for Foreign Affairs* George Brown, Jr. , U.S...
said:
Statements by Security Council representatives
The representative for IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
stated to the Security Council:
The representatives from Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, USSR, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, United Arab Republic
United Arab Republic
The United Arab Republic , often abbreviated as the U.A.R., was a sovereign union between Egypt and Syria. The union began in 1958 and existed until 1961, when Syria seceded from the union. Egypt continued to be known officially as the "United Arab Republic" until 1971. The President was Gamal...
(Egypt), Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
and Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
supported this view, as worded by the representative from Mali: "[Mali] wishes its vote today to be interpreted in the light of the clear and unequivocal interpretation which the representative of India gave of the provisions of the United Kingdom text." The Russian representative Vasili Kuznetsov stated:
Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
was the only country represented at the Security Council to express a contrary view. The USA
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
were silent on the matter, but the US and UK did point out that other countries' comments on the meaning of 242 were simply their own views. The Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n representative was strongly critical of the text's "vague call on Israel to withdraw".
The statement by the Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian representative perhaps gives a flavour of the complexities at the heart of the discussions:
However, the Soviet delegate Vasily Kuznetsov argued: " ... phrases such as 'secure and recognized boundaries'. ... make it possible for Israel itself arbitrarily to establish new boundaries and to withdraw its forces only to those lines it considers appropriate." [1373rd meeting, para. 152.]
U.S. Supreme Court Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Arthur Goldberg
Arthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
, who represented the US in discussions, later stated: "The notable omissions in regard to withdrawal are the word 'the' or 'all' and 'the June 5, 1967 lines' the resolution speaks of withdrawal from occupied territories, without defining the extent of withdrawal".
Implementation
On November 23, 1967, the Secretary General appointed Gunnar JarringGunnar Jarring
Gunnar Valfrid Jarring was a Swedish diplomat and Turkologist.Jarring was born in Brunnby, Höganäs Municipality, Skåne County , Sweden. He earned a Ph.D. from Lund University in 1933 with his dissertation Studien zu einer osttürkischen Lautlehre...
as Special Envoy to negotiate the implementation of the resolution with the parties, the so-called Jarring Mission
Jarring Mission
The Jarring Mission refers to efforts undertaken by Gunnar Jarring to achieve a peaceful settlement of the conflict between Israel and its Arab neighbors following the Six-Day War in 1967...
. The governments of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
and Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
recognized Jarring's appointment and agreed to participate in his shuttle diplomacy, although they differed on key points of interpretation of the resolution. The government of Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
rejected Jarring's mission on grounds that total Israeli withdrawal was a prerequisite for further negotiations. The talks under Jarring's auspices lasted until 1973, but bore no results. After 1973, the Jarring mission was replaced by bilateral and multilateral peace conferences.
See also
- List of the UN resolutions concerning Israel and Palestine
- Khartoum ResolutionKhartoum ResolutionThe Khartoum Resolution of September 1, 1967 was issued at the conclusion of an Arab League summit in the wake of the Six-Day War. The resolution, which formed a basis of the policies of these governments toward Israel until the 1973 Yom Kippur War, called for: a continued state of belligerency...
- United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Arab-Israeli peace diplomacy and treaties
- Paris Peace Conference, 1919Paris Peace Conference, 1919The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...
- Faisal-Weizmann Agreement (1919)Faisal-Weizmann AgreementThe Faisal–Weizmann Agreement was signed on January 3, 1919, by Emir Feisal , who was for a short time King of the Arab Kingdom of Syria or Greater Syria in 1920, and was King of the Kingdom of Iraq from August 1921 to 1933, and Chaim Weizmann as part of the Paris Peace Conference, 1919 settling...
- 1949 Armistice Agreements1949 Armistice AgreementsThe 1949 Armistice Agreements are a set of agreements signed during 1949 between Israel and neighboring Egypt, Lebanon, Jordan, and Syria. The agreements ended the official hostilities of the 1948 Arab-Israeli War, and established armistice lines between Israeli forces and the forces in...
- Camp David Accords (1978)
- Israel-Egypt Peace Treaty (1979)Israel-Egypt Peace TreatyThe 1979 Egypt–Israel Peace Treaty was signed in Washington, D.C. on the 26th of March 1979, following the 1978 Camp David Accords, which were signed by Egyptian President Anwar El Sadat and Israeli Prime Minister Menachem Begin, and were witnessed by United States President Jimmy Carter.The peace...
- Madrid Conference of 1991Madrid Conference of 1991The Madrid Conference was hosted by the government of Spain and co-sponsored by the USA and the USSR. It convened on October 30, 1991 and lasted for three days. It was an early attempt by the international community to start a peace process through negotiations involving Israel and the Palestinians...
- Oslo Accords (1993)Oslo AccordsThe Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles , was an attempt to resolve the ongoing Palestinian-Israeli conflict...
- Israel-Jordan Treaty of Peace (1994)Israel-Jordan Treaty of PeaceThe Israel–Jordan Treaty of Peace was signed in 1994. The treaty normalized relations between the two countries and resolved territorial disputes. The conflict had cost roughly US$18.3 billion...
- Camp David 2000 SummitCamp David 2000 SummitThe Middle East Peace Summit at Camp David of July 2000 took place between United States President Bill Clinton, Israeli Prime Minister Ehud Barak, and Palestinian Authority Chairman Yasser Arafat...
- Peace process in the Israeli-Palestinian conflictPeace process in the Israeli-Palestinian conflictThe peace process in the Israeli–Palestinian conflict has taken shape over the years, despite the ongoing violence in the Middle East and an "all or nothing" attitude about a lasting peace, "which prevailed for most of the twentieth century"...
- Projects working for peace among Israelis and ArabsProjects working for peace among Israelis and ArabsProjects working for peace among Arabs and Israelis have been operating for years in different fields.- Policy groups:Organizations or institutions which address and analyze policy issues in a wide range of areas...
- List of Middle East peace proposals
- International law and the Arab-Israeli conflictInternational law and the Arab-Israeli conflictThere is a broad international consensus that the actions of the nations involved in the Arab-Israeli conflict violate prohibitions contained in international law. However, this legality is disputed by some of the nations involved...
- Original text of UN resolution 242 in English and French (from the UN archives)
- UN Security Council discussion prior to res242
- UN Security Council discussion and vote surrounding res242
- Article on PLO website arguing for full withdrawal
- U.N. Resolution 242: Origin, Meaning, and Significance National Committee on American Foreign Policy
- The Peace Process and the United Nations Resolutions Hadassah
- On Multi-Lingual Interpretation -UN Security Council Res 242 Shabtai RosenneShabtai RosenneShabtai Rosenne , formerly known as Sefton Wilfred David Rowson was a Professor of International Law and an Israeli diplomat....
, The Israel Law ReviewThe Israel Law ReviewThe Israel Law Review is the oldest Israeli law journal published in English. In , it is referred to as being among "the most prestigious of scholarly journals".-History:...
, Vol. 6, 1971; reprinted in The Arab-Israeli Conflict, Vol. II: Readings, ed. John Norton Moore (Princeton University Press, 1974). - Peace Plans BICOMBritain Israel Communications and Research CentreThe Britain Israel Communications and Research Centre is a United Kingdom based organisation which claims to act to create a more supportive environment for Israel in the UK...
- Daily Press Briefing Statements made by the French Ministry of Foreign Affairs Spokesperson (excerpts) (Paris, June 14, 2002)
- "Defensible Borders for a Lasting Peace"