O Simultaneity, Thou Shan’t Flee to Unholy Divinity! “Simultaneous Obligations” Interpretation of UNSC Resolution 242 (1967) Denied in the Jurisprudence of the ICJ
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Abstract
The peace process between Israel and Palestine has constantly been held hostage throughout its history to a wide variety of issues, one of the thorniest being the question of the proper interpretation of the UN Security Council Resolution 242 (1967). In particular, the longstanding disputation as regards whether its commands for Israel to withdraw from the territories it has occupied since the end of the Six Days War is absolute, or whether that command is contingent on the simultaneous fulfilment of its rights according to that same instrument, has been one huge stumbling block impeding the peace process from running its course as optimally as possible. The two main schools of this central instrument’s interpretation have found expression in, and thereby extended their battle to, the two advisory opinions which the International Court of Justice has rendered in the context of this chronic conflict –especially, in two individual opinions appended to each of them. A qualitative analysis of the two, in conjunction with the respective majority opinions to which they were attached, reveals that the “simultaneous obligations” school and the positions it buttresses, which essentially seeks to defend the right of Israel not to withdraw from all the territories it had occupied since the Six Days War before obtaining what they deem to be sufficient territorial concessions by Palestine, has been denied by the Court, who thereby aligned international law with the canon of interpretation allowing for a more equal playing field between the occupier and the occupied to materialise.
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References
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Wright. Quincy. “The Middle East Problem.” American Journal of International Law Vol. 64, No.2 (April 1970): 270-281.
“A Performance-based Road Map to a Permanent Two-State Solution to the Israeli-Palestinian Conflict,” as annexed to a letter by the UN Secretary-General addressed to the President of the UN Security Council, 7 May 2003, S/2003/529.
Blum, Yehuda. “The Territorial Clauses of Security Council Resolution 242.” in “Israel’s Right to Secure Boundaries: Four Decades Since UN Security Council Resolution 242” (Proceedings of a Conference held in Jerusalem, June 4, 2007): 28-36.
Burgis-Kasthala, Michelle, and Matilde Masetti Placci. “Palestinian Self-Determination between Sovereignty and Conquest: Exploring Public and Private Power in the recent ICJ’s Advisory Opinion on the Illegality of Israel’s Occupation.” Opinio Juris, 23 August 2024, https://opiniojuris.org/2024/08/23/palestinian-self-determination-between-sovereignty-and-conquest-exploring-public-and-private-power-in-the-recent-icjs-advisory-opinion-on-the-illegality-of-israels-occupation/, accessed 9 Februrary 2025.
Competence of the ILO in Regard to International Regulation of the Conditions of the Labour of Persons Employed in Agriculture, Advisory Opinion, 1922 PCIJ (Ser. B), 12 August 1922.
Competence of the General Assembly For the Admission of a State to the United Nations, Advisory Opinion, 3 March 1950, ICJ Reports 1950.
de Waart, Paul J.I.M. “International Court of Justice Firmly Walled in the Law of Power in the Israeli–Palestinian Peace Process.” Leiden Journal of International Law, Vol.18, Issue 3 (October 2005): 467-487.
Eghbariah, Rabea. “Towards Nakba as a Legal Concept.” Columbia Law Review Vol.124 (May 2024): 887-992.
Erakat, Noura. Darryl Li. and John Reynolds. "Race, Palestine, and International Law." AJIL Unbound, Race, racism, and Iternational Law (2023): 77-81.
International Court of Justice. “South Africa”, available at https://www.icj-cij.org/index.php/taxonomy/term/184. accessed 9 February 2025.
International Covenant on Civil and Political Rights. adopted at New York on 16 December 1966. entered into force on 23 March 1976.
International Covenant on Economic, Cultural, and Social Rights, adopted in New York on 16 December 1966, entered into force on 3 January 1976.
International Law Commission. Draft Articles on the Law of Treaties with Commentaries, Yearbook of the International Law Commission, 1966, vol.II.
Interpretation of the Convention of 1919 concerning Employment of Women during the Night, Series, Advisory Opinion, 1932 PCIJ, (Ser.A/B), 15 November 1932, Dissenting Opinion by M. Anzilotti.
Kontorovich, Eugene. “Resolution 242 Revisited: New Evidence on the Required Scope of Israeli Withdrawal.” Chicago Journal of International Law Vol.16, No.1 (2015): 127-150.
Korman, Sharon, The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Oxford: Oxford University Press. 1996.
Lapidoth, Ruth. “The Misleading Interpretation of UN Security Council Resolution 242 (1967), Jewish Political Studies Review Vol.23, No.¾: 7-17.
Lapidoth, Ruth.“Security Council Resolution 242 at Twenty Five.” Israel Law Review Vol.26, Issue 3 (Summer 1992): 295-318.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9 July 2004, ICJ Rep 136.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9 July 2004, ICJ Rep 136, Declaration of Judge Buergenthal.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9 July 2004, ICJ Rep 136, Separate Opinion of Judge Higgins.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Rep 136, 9 July 2004, Separate Opinion of Judge Elaraby.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Rep 136, 9 July 2004, Separate Opinion of Judge Al-Khasawneh.
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion, 19 July 2024, General List No.186.
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion, 19 July 2024, General List No.186, Declaration of Judge Tladi.
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion. 19 July 2024, General List No.186. Written Statement of Fiji. 25 July 2023.
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion. 19 July 2024. General List No.186. Written Statement of the United Kingdom. 25 July 2023.
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion. 19 July 2024. General List No.186. Written Statement of the United States of America, 25 July 2023.
Lynk, Michael. “Conceived in Law: The Legal Foundations of Resolution 242.” Journal on Palestine Studies Vol.37, issue 1 (2007): 7-23.
McHugo. John. “Resolution 242: A Legal Appraisal of the Right-Wing Israeli Interpretation of the Withdrawal Phrase with Reference to the Conflict Between Israel and the Palestinians.” International and Comparative Law Quarterly Vol.51, Issue 4 (October 2002): 851-881.
McHugo, John. “Resolution 242 – Why the Israeli View of the ‘Withdrawal Phrase’ is Unsustainable in International Law." IBRU Boundary and Security Bulletin (Winter 2000-2001): 84-90.
Prott, Lyndell V. “The Style of Judgment in the International Court of Justice.” Australian Yearbook of International Law 1975: 75-90.
Sabel, Robbie. International Law and the Arab-Israeli Conflict. Cambridge: Cambridge University Press: 2022
Sayigh, Yezid. “Redefining the Basics: Sovereignty and Security of the Palestinian State.” Journal of Palestine Studies Vol.24, Issue 4 (1995): 5-19.
“Statements Clarifying the Meaning of UN Security Council Resolution 242” on 22 November 1967. Available at the Israeli Government’s website through the following link, https://www.gov.il/en/pages/statements-clarifying-the-meaning-of-un-security-council-resolution-242-22-nov-1967.
“The Intent of Resolution 242: A Discussion with Lord Hugh Caradon.” Arab Studies Quarterly (Spring/Summer 1985): 167-174.
United Nations General Assembly Resolution 3236 (XXIX), “Question of Palestine”, adopted by a plenary session of the General Assembly on 22 November 1974.
United Nations General Assembly Resolution A/RES/77/247, adopted by the General Assembly on 30 December 2022.
United Nations Security Council Official Records (UNSCOR), 1381st Meeting.
United Nations Security Council Official Records (UNSCOR), 1382nd Meeting.
United Nations Security Council Resolution 242 (1967), adopted by the Security Council at its 1382nd meeting on 22 November 1967.
United Nations Security Council Resolution 337 (1973), adopted by the Security Council at its 1740th meeting on 15 August 1973.
United Nations Security Council Resolution 476 (1980), adopted by the Security Council at its 2242nd meeting on 30 June 1980.
United Nations Security Council No. 1515 (2003), adopted by the Security Council at its 4862nd meeting, 19 November 2003.
Vienna Convention on the Law of Treaties, adopted in Vienna on 23 May 1969, entered into force 27 January 1980.
Wood, Michael C. “The interpretation of Security Council Resolutions.” Max Planck Yearbook of United Nations Law Vol.20, No. (1) (2017): 73-95.
Wright. Quincy. “The Middle East Problem.” American Journal of International Law Vol. 64, No.2 (April 1970): 270-281.