Michael Mansfield KC, argues for a 'coalition of the willing' for Gaza

Introduction by Jonathan Coulter, Secretary of CAMPAIN

The UN adopted the Uniting for Peace resolution in 1950 under the leadership of the US, that wanted to circumvent further Soviet Security Council vetoes during the Korean War. It provided that:

in cases where the Security Council, because of a lack of unanimity among its five permanent members, fails to act as required to maintain international security and peace, the General Assembly shall consider the matter immediately and may issue appropriate recommendations to UN members for collective measures, including the use of armed force when necessary, in order to maintain or restore international security and peace.

This little-known mechanism has in fact been invoked 13 times between 1951 and 2022, most famously against two members of the Security Council (the United Kingdom and France) and Israel, during the Suez Crisis of 1956.

Craig Mokhimber, American citizen, human rights lawyer and former senior UN official

Craig Mokhiber, an international human rights lawyer and former senior UN Official, has proposed using it to circumvent the US veto on ending the genocide in Gaza.

Mokhiber set out his ideas in this article of 27th August, showing that the General Assembly could mandate a UN protection force to deploy to Palestine, protect civilians, ensure humanitarian aid, preserve evidence of Israeli crimes, and assist in recovery and reconstruction. The General Assembly could do this because it contains a supermajority of countries that support the Palestinians. Without the US veto countries like the UK would have no further excuse for inaction over the genocide.

Mokhiber also pointed to: an upcoming deadline that the General Assembly set last year (2024) for Israeli compliance with the orders and findings of the International Court of Justice, with a promise of further measures in the wake of non-compliance, describing it as a critical moment for action.

Interestingly, Mokhiber's view is close to that of our patron, Michael Mansfield KC, the leading UK human rights barrister. Mansfield argures in favour of a coalition of the willing, of states from around the World that could put together the necessary protective force. The UN General Assembly could provide important legal backing for such a force.

The Uniting for Peace idea is being taken forward by Lifeline for Palestine, a US-based initiative involving Jill Stein, Craig Mokhiber, Roger Waters and others. Their website contains a lot of useful information on the initiative, and they are seeking support from governments and civil society around the World. As individuals, you can sign up for action alerts HERE, and take action by sending emails and signing petitions as advised on this page.

It is difficult to say whether this initiative will prove successful - there will clearly be much opposition from the USA and Israel - but we think it is worth giving it a try. To use Mokhiber's final words: success is not assured. But failure is guaranteed if we do not try. 

A challenge to the nations of conscience and respect for the rule of law

By Michael Mansfield, KC, Nexus Chambers, London

Michael Mansfield, KC

At present, international rule of law, both its substance and its institutions are being ignored and emasculated, together with an extensive paralysis of conscience and moral compass. This is being accomplished by notable belligerent leaders throughout the world but especially those based in Russia, Israel and the Sudan.

The crimes in each case are well documented and continue unabated. Words have failed.

Denouncements are ineffective. Embargoes do not deter. International court pronouncements are disregarded.

But there is one option that is barely mentioned or actioned namely:-

The assembly of an international task or peace keeping force to protect the thousands of non-combatant civilians - worst case scenarios in Gaza and Sudan - (often women, children babies and now embryos ) who are being slaughtered in front of our very eyes every single day, and left with no homes no suitable water, no food, no medical supplies and no safe haven.

The International Court of Justice, when asked for its opinion has repeatedly stated that there is an obligation upon all ( erga omnes ), where certain basic norms are being flagrantly broken, to take all appropriate lawful measures to ensure such breaches cease and are prevented (e.g. ICJ The Wall judgment 2004 and again last year).

The obvious organ for implementing these measures is the United Nations. However the key

body, the Security Council, has been rendered powerless by the bi partisan exercise of the veto by the USA and Russia, with U.K. abstaining on multiple occasions.

Nevertheless this does not preclude a coalition of the willing, if possible states from for

example, Africa, Asia, Australasia, Canada, South America and Europe (the Republic of Ireland had a defence task force for example in the Golan heights for 10 years until 2024 under the aegis of the UN).

It would require robust and careful command, coordination, resourcing, planning and courage. Provided the objectives are clear - namely the prevention of international crimes and the preservation of life - it will restore faith and hope which are presently in desperately short supply for the global conscientious citizenry.

Nothing else will work until there is nothing.