In a statement, the group defends the mutual release of prisoners and calls for international pressure on Israel to adopt determination
Hamas celebrated this Monday (March 25, 2024) the resolution approved by the UN Security Council (United Nations) that determines a ceasefire “immediate” in the Gaza Strip and calls for the release “immediate and unconditional of all hostages” Israelis. The text was approved with 14 votes in favor and one abstention (from the United States).
In a statement, the extremist group stated that it was available to help in a process of “prisoner exchange” –proposal presented by Hamas previously in the 3-step plan to end the conflict (exchange of Palestinian prisoners for Israeli hostages, reconstruction of Gaza and delivery of bodies and remains) and rejected by the Israeli government. Tel Aviv has said it does not intend to comply with the UN decision.
Hamas also asked authorities to ensure access to all necessary humanitarian aid for the population of Gaza, including equipment to remove Palestinian bodies from the rubble. It also defends the right of the Palestinian people to establish an independent state, with Jerusalem as its capital.
“Hamas calls on the Security Council to pressure the occupation to adhere to the ceasefire and stop the war of genocide and ethnic cleansing against our people,” says the text.
PROPOSAL APPROVED BY THE UN
The proposal approved by the UN Security Council this Monday (25th March) determines a ceasefire during Ramadan, a sacred period for Muslims that began on March 10th and ends on April 9th.
The proposal was presented by current 10 non-permanent members of the council (Algeria, Ecuador, Guyana, Japan, Malta, Mozambique, South Korea, Sierra Leone, Slovenia and Switzerland). It received 14 votes in favor, none against and one abstention from the USA.
Here is how each country member of the council voted:
- in favor (14): Algeria, Ecuador, Guyana, Japan, Malta, Mozambique, South Korea, Sierra Leone, Slovenia, Switzerland, France, Russia, China and the United Kingdom;
- abstention (1): USA.
The requirements presented in the approved document do not depend on each other. In other words, there may be a ceasefire without the release of hostages by Hamas.
EFFECTIVENESS OF RESOLUTIONS
Security Council resolutions have binding character, that is, it creates obligations for its recipients. Compliance with decisions is part of a commitment between nations when they signed the UN Charter. “The members of the United Nations agree to accept and execute the decisions of the Security Council in accordance with the present Charter states,” says article 25 of the document.
To the Power360O professor of international relations at UFF (Federal Fluminense University) and researcher at Harvard Law School Vitelio Brustolin stated that the UN “It’s a ladies and gentlemen’s club.” According to the expert, “countries enter the organization to comply with the UN Charter, not to break it”.
Brustolin also said that the international system works differently than a country's laws. “If you don’t comply with the law, the State will impose it. VYou will be arrested, fined, etc. The international system is not like that. [Nele], States oblige themselves to comply with a convention”, he said.
However, the professor stated that the United Nations “have failed to maintain peace”. For years, countries have failed to comply with decisions made by the organization's bodies. According to Brustolin, despite the binding nature, the problem lies in how to comply with the resolutions.
In theory, punitive measures, such as sanctions, can be taken by the council against nations that fail to comply with determinations. The penalty, however, would have to be voted on and, as a result, could be vetoed by one of the permanent members (USA, France, Russia, China and the United Kingdom).
Read the full Hamas statement below:
“The Islamic Resistance Movement (Hamas) welcomes today's call by the UN Security Council for an immediate ceasefire and underlines the need to achieve a permanent ceasefire leading to the withdrawal of all Zionist forces from the Gaza Strip. Gaza and the return of displaced people to the homes they left.
“We also affirm our readiness to initiate an immediate prisoner exchange process that will lead to the release of prisoners on both sides.
“In the context of the text of the resolution, we underline the importance of freedom of movement for Palestinian citizens and access to all humanitarian needs for all residents, in all areas of the Gaza Strip, including heavy equipment to remove rubble, so that we can bury our martyrs who remained under the rubble for months.
“Hamas calls on the Security Council to pressure the occupation to adhere to the ceasefire and stop the war of genocide and ethnic cleansing against our people.
“Hamas reaffirms the right of our Palestinian people to establish their independent and sovereign state, with Jerusalem as its capital, and the right to return and self-determination, in accordance with international resolutions and international law.
“The Hamas movement appreciates the efforts of the brothers in Algeria and all Security Council countries who have supported and support our people, and are working to stop the Zionist aggression and war of annihilation.”
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