The Powers of the General Assembly to Intervene in Israeli Violations in the Palestinian Territories Occupied in 1967, Pursuant to its Resolution No. 377, Uniting for Peace رسالة ماجستير

Abstract

This study aims to analyze the possibility of activating General Assembly Resolution 377 "UFP" on the impact of Israeli violations committed in the occupied Palestinian territories on international peace and security under the UN Charter. It seeks to prove the extent of their danger to them and to clarify the impact of the repeated use of the American veto in the Security Council on any resolutions that would mitigate the severity of these obligations or impose an obligation on Israel to be able to resort to Resolution 377 "UFP" in the General Assembly, according to the text of its resolution, which enables states to activate it when it is proven that the Security Council is failing to perform its basic duties in maintaining international peace and security due to the repeated veto obstructing the consensus of its permanent members on a resolution. The study addresses the case of the Palestinian territories occupied in 1967, and aims to prove and confirm the threat of these violations, not only to the interests of the Palestinians themselves, but also to the security and peace as a whole in the region, and to international peace and security. This study provides evidence and proof of the Security Council's inability to put an end to these violations, or to compel Israel to abide by any of its resolutions in light of the repeated uses of the veto right by the USA in favor of Israel, and against any resolutions in favor of Palestine and the Palestinian cause, and calling for these violations, and the failure to implement Resolution 377, UFP. The researcher relied on descriptive and analytical approaches to reach the study's results, the most important of which was that Israel is indeed committing crimes that amount to a threat to international peace and security. The repeated use of the American veto against Security Council resolutions affirming the Palestinian people's right to self determination and imposing measures that enable them to do so has led to the Security Council's inability and failure to put an end to Israeli violations in the occupied Palestinian territories. The Palestinian situation meets the conditions for demanding the activation of Resolution 377 in the General Assembly, as the Security Council's failure to resolve the conflict or mitigate its severity has been proven. The researcher recommended the necessity of mobilizing international opinion and human rights institutions to support the move to implement Resolution 377 as a more realistic legal option in light of the Security Council's continued obstruction of issuing any substantive resolution regarding Palestine, and submitting an official request to hold an emergency session in the General Assembly under Resolution 377, with the submission of the necessary legal files and evidence for this