Shaming the UN by Ratifying Genocide
Photograph by Nathaniel St. Clair
After October 7
Throughout this period, challenging the adequacy of the UN in the face of genocide, there were reasons to redeem its reputation, including an awareness that its refusal to respect judgments of the leading international tribunals (International Court of Justice and International Criminal Court). It needs to be better understood that when the UN was established 80 years ago the Charter design gave the last word on issues of global security to the five winning states in World War II, and not to international law as believed by its most ardent champions. By clear intention, despite the priority accorded war prevention in the Preamble to the Charter, the capabilities of the UN to act coercively against aggression, apartheid, and genocide were withheld from the Organization. Instead, the winners (that is, the five permanent members of the Security Council of P5) of the recently concluded war against fascism were also given a right of veto that amounted to a limitless entitlement of any one of the five in the only UN political organ with the authority to make binding decisions, and this provision meant not only an opting out of decisions contrary to their will but of preventing Security Council from acting even when the other 14 members were united in voting for the decision. In practice, this meant that prospects for peace and security in major conflict situations were left to the geopolitical calculations and alignments of these most powerful and dangerous members of the new organization.
During the Cold War, which prevailed globally between 1945-1991, the paralysis of the UN in relation to the management of global security was mainly due to the discretion at the disposal of the opposed alliances of the US-led NATO forces on one side of the ideological divide and strategic rivalry and Soviet-led Warsaw forces on the other side. The UN contented itself with being a spectator, or site of opposing propaganda denunciations as regarding the Vietnam War, Moscow’s interventions in Eastern Europe, and other settings of violent conflict involving the strategic interests of the P5. This was partly due to the constitutional framework of the UN, but it also reflected the unwillingness of many leading countries to dilute sovereignty when it came to national security. This refusal was most dramatically illustrated by the rejection of nuclear disarmament and a preferred reliance on deterrence, exhibiting the militarist orientations of foreign policy elites in leading governments. It blends a militarized hard power version of global security with P5 strategic ambitions to reinvent Western domination in a period of collapsing European colonialism.
Against this background, the role of the UN, while disappointing, was not surprising given the strong ties between the white West and Israel in this encounter with a Muslim majority Palestine in the strategically important Middle East. This lent the struggle an inter-civilizational dimension while also posing a challenge to Western hegemony in relation to energy reserves, arms sales, and more generally, trade and investment. This line of interpretation was accentuated by the anti-Western, religiously oriented Hamas, a non-state entity that was characterized in Western media and state propaganda as nothing other than a terrorist organization. Such a posture ignored the 2006 political victory of Hamas in an internationally monitored election and its role as the center of legally grounded Palestinian resistance to an Israeli occupation that consistently violated international humanitarian legal standards as set forth in the 4th Geneva Convention of 1949 governing ‘belligerent occupation.’ UN members complicit with Israel supported the genocide in Gaza for two years, stepping back from support mainly because of the rise of public protest activity in their countries, as Israel had exceeded all constraints of law and morality in persisting with its genocidal campaign. It should be appreciated that the ICJ by a near-unanimous vote on July 19, 2024, declared continuing Israeli occupation of Gaza and the West Bank (and even East Jerusalem) to........
