AL-AHMAD
AMAD HASSAN
International and European law
ÓÄÊ / 341.1.
THE MIDDLE EAST
CONFLICT: THE TENDENCY
TO
SETTLEMENT
The Middle East has become one of the most
troubled regions in the world, the source of the threat of war and remains a
major cause of chronic instability not only in the region, but throughout the
world. This conflict is the longest of all the unresolved conflicts in the
world. Its beginning is the 40-th years. The twentieth century. and is
associated with the problem of the establishment in Palestine of two states -
Jewish and Arab. This decision was taken by the General Assembly November 29, 1947.
The United Nations, the General Assembly and
Security Council are the international bodies, where the issue of Middle East
peace process posed and discussed repeatedly.[1] By United Nations measures to maintain peace and security, expressed in
three forms: - decision of the Security Council and UN General Assembly
resolutions on the underlying Middle East settlement, direction in the conflict
zone UN Emergency Force to maintain international peace and security, and
the conclusion of UN-sponsored truce agreements or the disengagement of
belligerents to cease-fire line.
UN Secretary General B. Boutros-Ghali, in the
report "An Agenda for Peace" (January 1992) stressed that the
problems of preventing and resolving conflicts and maintaining peace requires
coordinating the efforts of individual states and non-governmental
organizations, as well as the entire UN system.[2]
According to its Charter, the UN is to
"bring about by peaceful means in conformity with the principles of
justice and international law, adjustment or settlement of international disputes or
situations which may lead to a breach of the peace "(parag. 1, article 1).
The UN Charter can serve as a good basis for the peaceful settlement of
disputes, the prevention of international conflicts. The UN's role in this region
is determined, above all, that the main purpose for which the Organization
itself was created - namely, to save succeeding generations from the scourge of
war, the maintenance of international peace and security.[3]
The main objective of the Organization - the maintenance of
international peace and security - can be achieved primarily through peaceful
means.[4]
Modern international law recognizes the legitimate means of settling
disputes between States only peaceful means of settling international disputes.[5] Peaceful
settlement of the Middle East conflict should be resolved through the use of
peaceful means under the UN Charter (articles. 33-38) and in accordance with
the rules and principles of international law.
The
essence of the Middle East peace settlement - to find ways of ending the
Israeli occupation of Arab territories occupied in the June 1967 war.
Intractability and further continuation of the confrontation in the region is
fraught with danger situations that might lead to a new large-scale war in the
Middle East and finally to undermine the hopes of resolving the conflict
peacefully.
The process of peaceful settlement of the Middle
East conflict must be resolved only by peaceful and legal means on the basis of
such principles of international law as the principle of non-use or threat of
force, which is a cornerstone of modern international law, and the principle of
peaceful settlement of disputes and conflicts (àrticle 33 of the UN Charter),
as well as peaceful resolution of this conflict must be based in accordance
with the principles of sovereign equality of all states in the region and their
mutual security.
It must be stressed that the UN there is significant potential in
solving complex international problems and in resolving conflicts by peaceful
means, indicates promotion of its main bodies,in particular the Security
Council and UN General Assembly's commitment to international legal settlement
of the Middle East conflict by peaceful and legal means.
With respect to demands the strict implementation of UN member states
with their international obligations under the UN Charter, there can be no
exceptions. This is explained
by the fact that when some states strictly adhere to its commitments under the
UN Charter, while others can afford to ignore these obligations. The world
community has a common interest of all UN Member States in good faith
compliance with these obligations.
The only solution to the Middle East impasse is
a comprehensive solution to the Middle East conflict, which can be achieved
only through collective efforts from all stakeholders on the basis of
principles enshrined in the UN Charter. In this regard, should be to
maximize the opportunities of the United Nations.
The international legal formula of the solution
is possible with implementation of the core UN Security Council resolutions,
which provide a number of steps by Israel and the Arab countries, in order to
put an end to an extremely dangerous development of events in the Middle East
and lead it to peace in this troubled region. These resolutions contain the
principle of "land for peace." This means establishing and ensuring
peace and security in the region after the withdrawal of Israeli troops from
occupied territories.
Peace and security in the Middle East are
largely dependent on the outcome of the UN and the consolidation of efforts of
the international community and the entire UN system in dealing with new
threats to international peace and stability.
Need to recognize the power failure a method of
settling the conflict, and must be strictly observed the principle of the
inadmissibility of acquisition of foreign territory by war, as a
just and lasting peace in the Middle East could and should be based on the
principles relevant as general rules of international law and specific
decisions of the Security Council and UN General Assembly on this issue.
UN Security Council's founding resolution ¹ 242
and ¹ 338 in order to maintain peace and security in the Middle East and in the
future settlement of the conflict through the use of peaceful means as provided
for in the UN Charter (Articles 33-38) and on the basis of the above
resolutions.
The adoption of UN Security Council Resolution
number 242 was an important international legal basis for a just settlement of
the Middle East conflict by peaceful means, and represents an important
step of the Organization, because it meant some progress in UN efforts to
resolve Middle East conflict based on compromise international solutions.
Occupied Arab territories in June 1967, Israel
has violated UN set for a boundary established by the UN General Assembly
Resolution ¹ 181/II on November 29, 1947.
Thus, the occupied territories in terms of
contemporary international law can not remain under the jurisdiction of a
foreign state or foreign occupation, as these territories belong to sovereign
nations and must be returned in accordance with the UN Charter and
international law.
Thus, the experience gained in the international
arena repeatedly testified that the attempts by some states to ignore the
requirements of the UN Charter, to bypass or in violation of the purposes and
principles often led only to an aggravation of the situation in the world,
undermining the foundations of the UN and the fall its influence.
Achieving peace and security in the Middle East requires first and
foremost address the main issues: 1)
The release by Israel of Arab territories occupied in June 1967, 2) the
question of establishing an independent Palestinian state within the
internationally recognized border, with its capital in East Jerusalem; 3) A security of all states in
the Middle East. Therefore, a lasting and just settlement of the Middle East
conflict must be based on three of these problems.
Generally
in the practice of the UN in maintaining international peace and security have
repeatedly carried out such actions as the demand for a ceasefire between the
parties to armed conflict and cooperation among them. In place of conflict and sent observers to UN forces. On the proposal of
the UN produced a divorce forces the conflicting sides of the contact line.[6]
Under the Charter, the UN is the center, which aims to coordinate
concerted action by States towards the achievement of the objectives laid down
in it, and above all to strengthen international peace and security, to prevent
wars and conflicts and the peaceful settlement of disputes and disagreements.
Under the
settlement of the conflict (conflict resolution) in a broad sense to understand
any action aimed at preventing or ending the armed struggle and conflict
resolution through peaceful means. The
term "settlement of the conflict» (conflict resolution) and has a narrower
meaning, which in the Russian language by the term "conflict
resolution", despite the fact that the English expression of this term
does not change. Under the resolution of the conflict to understand the root
causes of removal that created the conflict, the formation of a new level of
relations between the participants, a complete rejection of the claims, the
creation of a qualitatively new situation between conflicting parties. In fact the
resolution of the conflict - the ideal situation of conflict resolution, as
well from the main contradiction that lay at its base. Conflict resolution
refers to the broad interpretation the state of the world, the concept of
«positive peace».[7]
Peaceful means to represent a system of
institutions of peaceful settlement of international disputes, based on the
general prohibition of the use of force or threat of it, and the
responsibilities of states and other subjects of international law on the
peaceful settlement of disputes arising in accordance with the basic principles
of international law and justice. [8]
The basis for compromise between Israel and
Palestine, Lebanon and Syria is the willingness of all parties to agree to
ending the state of war between them and achieving a peaceful settlement of the
conflict after the Israeli withdrawal from Arab territories to the border line of
June 4, 1967 as the basic principles of normalization of relations between
Israel by all Arab states, members of the League of Arab States.
Two basic Security Council Resolution number 242
(1967), and the number 338 (1973), as well as the UN General Assembly
Resolution ¹ 181/II (1947) - indicate the need to return the occupied Arab
territories in 1967 and the establishment of an independent and sovereign State
of Palestine in the internationally recognized borders alongside Israel.
Thus, by peaceful means and mechanisms of the UN
should be considered as a basic principle in the Middle East conflict because
this conflict poses a serious threat to international security and stability
not only in the region,
but throughout the world. The use of peaceful means -
it's the only way to resolve conflicts and disputes. Consequently, the Middle
East conflict should be resolved by peaceful means on the basis of the UN
Charter (Art. 33-38) and in accordance with the basic principles of
international law.
[1] Dmitriev E., Ladeykin V. The road to peace in the Middle East. - Moscow: International Relations, 1974. P. 150.
[2] B. Boutros-Ghali. An Agenda for Peace. Preventive diplomacy, peacemaking and peacekeeping. New York, 1992.
[3] Efimov G. K. UN Charter - an instrument of peace. Publishing "Nauka", 1986. P. 46.
[4] Ibid. P. 56.
[5] Movchan A. P. Ðpeaceful means of settling international disputes. M: 1957. Ñ. 3.
[6] Klimenko B. M. Ðeaceful resolution of territorial disputes. Moscow: International Relations, 1982. Ð. 115.
[7] Deriglazova L. V. Conflicts in International Relations: textbook / edited by A. G. Timoshenko. - Tomsk: 2005. Ð. 158.
[8] Pushmin E. A. Ðeaceful means of settling international disputes. Yaroslavl, 1981. Ð. 18.