The Failure of UN Resolution 2728 and the ICJ Ruling on the Gaza Conflict: Causes, Consequences, and Recommendations

The Gaza conflict, which had been raging for decades, reached a critical point in March 2024, when the United Nations Security Council adopted Resolution 2728 (2024), calling for an immediate ceasefire and humanitarian access. This resolution was a rare and bold move by the Council, which had been previously divided and paralyzed by the issue. It reflected the growing international concern and pressure over the escalating violence and suffering in the region. However, the resolution failed to achieve its intended objectives, as both parties continued to defy it and intensify their attacks. The UN and the international community were unable to enforce the resolution or to persuade the parties to comply. The resolution, meant to be a beacon of hope, turned out to be a futile and disappointing attempt.

The analysis of the resolution and its aftermath reveals several factors that contributed to its failure. First, the resolution lacked a clear and effective monitoring and accountability mechanism, which would have ensured that the parties adhered to its provisions and faced consequences for any violations. Second, the resolution did not address the root causes of the conflict, such as the occupation, the settlements, the blockade, the refugees, and the status of Jerusalem. These issues remained unresolved and contentious, fueling resentment and distrust between the parties. Third, the resolution did not have the full support and cooperation of the key regional and international actors, such as the United States, the European Union, the Arab League, and the Organization of Islamic Cooperation. These actors had different interests and agendas, and some had influence and leverage over the parties. Their involvement and coordination were essential for the success of any peace initiative.

The failure of the resolution was followed by a historic ruling by the International Court of Justice (ICJ) in July 2024, which declared Israel’s presence and activities in the occupied Palestinian territory as illegal and demanded their immediate cessation. This ruling was based on the principles of international law and human rights, and it affirmed Palestine’s right to self-determination and sovereignty. The ruling was welcomed by many countries and organizations, especially those that supported the Palestinian cause. However, it was also strongly criticized and rejected by some countries, especially those that supported Israel. The ruling sparked a heated debate and a renewed call for action among the international community. However, the ruling also faced challenges and limitations in its implementation and impact, as the ICJ had no power to enforce its decisions and depended on the cooperation and goodwill of the parties and the UN.

Some recommendations for the UN and the international community in light of the resolution and the ruling are as follows:

The UN should establish a robust and credible monitoring and accountability mechanism for the resolution and the ruling, which would include a peacekeeping force, a fact-finding mission, and a sanctions regime. This mechanism would ensure that the parties respect and comply with the resolution and the ruling and face consequences for any violations or non-compliance.

The UN should initiate and facilitate a comprehensive and inclusive peace process that addresses the root causes of the conflict and the legitimate aspirations of both parties. This process would involve the participation and representation of all relevant stakeholders, such as civil society, women, youth, and refugees. This process would aim to achieve a just and lasting solution based on the two-state formula and the relevant UN resolutions.

The UN should mobilize and coordinate the support and cooperation of the key regional and international actors, such as the United States, the European Union, the Arab League, and the Organization of Islamic Cooperation. These actors should use their influence and leverage over the parties to persuade them to engage in good faith and to abide by the resolution and the ruling. These actors should also provide political, financial, and humanitarian assistance to the parties and the population to create an environment conducive to peace and stability.