1967 жылғы қарар: Израильдің шығуын және шекараны мойындау

1967 resolution on withdrawal of Israel and recognition of boundaries

United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six Day War. It was adopted under Chapter VI of the UN Charter. The resolution was sponsored by British ambassador Lord Caradon and was one of five drafts under consideration. The preamble refers to the "inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in the Middle East in which every State in the area can live in security". Operative Paragraph One "Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:

(i) Withdrawal of Israeli armed forces from territories occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force." Egypt, Jordan, Israel and Lebanon entered into consultations with the UN Special representative over the implementation of 242. After denouncing it in 1967, Syria "conditionally" accepted the resolution in March 1972. Syria formally accepted UN Security Council Resolution 338, the cease fire at the end of the Yom Kippur War (in 1973), which embraced Resolution 242. On 1 May 1968, the Israeli ambassador to the UN expressed Israel's position to the Security Council: "My government has indicated its acceptance of the Security Council resolution for the promotion of agreement on the establishment of a just and lasting peace. I am also authorized to reaffirm that we are willing to seek agreement with each Arab State on all matters included in that resolution." Resolution 242 is one of the most widely affirmed resolutions on the Arab–Israeli conflict and formed the basis for later negotiations between the parties. These led to peace treaties between Israel and Egypt (1979) and Jordan (1994), as well as the 1993 and 1995 agreements with the Palestinians.

The second preambular reference states: "Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security." Srijita Jha and Akshadha Mishra said that "until 1945, annexation by conquest was a valid mode of acquisition of territory." Following World War I, Article 10 of the Covenant of the League of Nations limited (but did not eliminate) the concept of the right of conquest, that is, members of the League of Nations were not required to preserve "the territorial integrity and existing political independence" of a state engaging in a war of aggression. Since World War II, Article 2 of the Charter of the United Nations requires all members to "refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations." Michael Lynk says that article 2 of the Charter embodied a prevailing legal principle that there could be "no title by conquest". He says that principle had been expressed through numerous international conferences, doctrines, and treaties since the late 19th Century. Lynk cites the examples of the First International Conference of American States in 1890; the United States Stimson Doctrine of 1932; the 1932 League of Nations resolution on Japanese aggression in China; the Buenos Aires Declaration of 1936; and the Atlantic Charter of 1941. Surya Sharma says that under the UN Charter, a war in self defense cannot result in the acquisition of title by conquest. He says that even if a war is lawful in origin it cannot exceed the limits of legitimate self defense.

The resolution also calls for the implementation of the "land for peace" formula, calling for Israeli withdrawal from "territories" it had occupied in 1967 in exchange for peace with its neighbors. This was an important advance at the time, considering that there were no peace treaties between any Arab state and Israel until the Egypt–Israel peace treaty of 1979. "Land for peace" served as the basis of the Egypt–Israel Peace Treaty, in which Israel withdrew from the Sinai peninsula (Egypt withdrew its claims to the Gaza Strip in favor of the Palestine Liberation Organization). Jordan renounced its claims regarding the West Bank in favor of the Palestine Liberation Organization, and has signed the Israel–Jordan peace treaty in 1994, that established the Jordan River as the boundary of Jordan. Throughout the 1990s, there were Israeli Syrian negotiations regarding a normalization of relations and an Israeli withdrawal from the Golan Heights. But a peace treaty was not made, mainly due to Syria's desire to recover and retain 25 square kilometers of territory in the Jordan River Valley which it seized in 1948 and occupied until 1967. As the United Nations recognizes only the 1948 borders, there is little support for the Syrian position outside the Arab bloc nor in resolving the Golan Heights issue. The UN resolution does not specifically mention the Palestinians. The United Kingdom had recognized the union between the West Bank and Transjordan. Lord Caradon said that the parties assumed that withdrawal from occupied territories as provided in the resolution was applicable to East Jerusalem. "Nevertheless so important is the future of Jerusalem that it might be argued that we should have specifically dealt with that issue in the 1967 Resolution. It is easy to say that now, but I am quite sure that if we had attempted to raise or settle the question of Jerusalem as a separate issue at that time our task in attempting to find a unanimous decision would have been far greater if not impossible." The United States Secretary of State Madeleine Albright told the U. N. Security Council in 1994 that "We simply do not support the description of the territories occupied by Israel in 1967 as 'Occupied Palestinian Territory'. In the view of my Government, this language could be taken to indicate sovereignty, a matter which both Israel and the PLO have agreed must be decided in negotiations on the final status of the territories. Had this language appeared in the operative paragraphs of the resolution, let me be clear: we would have exercised our veto. In fact, we are today voting against a resolution in the Commission on the Status of Women precisely because it implies that Jerusalem is 'occupied Palestinian territory'." The Palestinians were represented by the Palestine Liberation Organization in negotiations leading to the Oslo Accords. They envisioned a 'permanent settlement based on Security Council Resolution 242'. The main premise of the Oslo Accords was the eventual creation of Palestinian autonomy in some or all of the territories captured during the Six Day War, in return for Palestinian recognition of Israel. However, the Foreign Minister of the Palestinian Authority, Nabil Shaath, said: "Whether a state is announced now or after liberation, its borders must be those of 4 June 1967. We will not accept a state without borders or with borders based on UN Resolution 242, which we believe is no longer suitable. On the contrary, Resolution 242 has come to be used by Israel as a way to procrastinate." The Security Council subsequently adopted resolution 1515 (2003), which recalled resolution 242 and endorsed the Middle East Quartet's Road Map towards a permanent, two State solution to the Israeli–Palestinian conflict. The Quartet Plan calls for direct, bilateral negotiations as part of a comprehensive resolution of the Arab–Israeli conflict, on the basis of UN Security Council Resolutions 242, 338, 1397, 1515, 1850, and the Madrid principles. The Quartet has reiterated that the only viable solution to the Israeli–Palestinian conflict is an agreement that ends the occupation that began in 1967; resolves all permanent status issues as previously defined by the parties; and fulfils the aspirations of both parties for independent homelands through two states for two peoples, Israel and an independent, contiguous and viable state of Palestine, living side by side in peace and security. On April 14, 2004, US President George W. Bush said to Israeli Prime Minister Ariel Sharon, "The United States reiterates its steadfast commitment to Israel's security, including secure, defensible borders." Israeli officials argue that the pre 1967 armistice line is not a defensible border, since Israel would be nine miles wide at the thinnest point, subjected to rocket fire from the highlands of the West Bank, and unable to stop smuggling from Jordan across the Jordan Valley. Thus, Israeli officials have been arguing for the final status borders to be readjusted to reflect security concerns. Resolution 1860 (2009) recalled resolution 242 and stressed that the Gaza Strip constitutes an integral part of the territory occupied in 1967 that will be a part of the Palestinian state.

A Congressional Research Service (CRS) Issue Brief quotes policy statements made by President Johnson in a speech delivered on September 10, 1968, and by Secretary of State Rogers in a speech delivered on December 9, 1969: "The United States has stated that boundaries should be negotiated and mutually recognized, 'should not reflect the weight of conquest,' and that adjustments in the pre 1967 boundaries should be 'insubstantial.'" President Carter asked for a State Department report "to determine if there was any justice to the Israeli position that the resolution did not include all the occupied territories". The State Department report concluded:Support for the concept of total withdrawal was widespread in the Security Council, and it was only through intensive American efforts that a resolution was adopted which employed indefinite language in the withdrawal clause. In the process of obtaining this result, the United States made clear to the Arab states and several other members of the Security Council that the United States envisioned only insubstantial revisions of the 1949 armistice lines. Israel did not protest the approach. Ruth Lapidoth describes the view, adopted by Israel, which holds that the resolution allowed Israel to retain "some territories". She argues "The provision on the establishment of “secure and recognized boundaries” would have been meaningless if there had been an obligation to withdraw from all the territories. U. S. Secretary of State Henry Kissinger recalled the first time he heard someone invoke "the sacramental language of United Nations Security Council Resolution 242, mumbling about the need for a just and lasting peace within secure and recognized borders". He said the phrase was so platitudinous that he thought the speaker was pulling his leg. Kissinger said that, at that time, he did not appreciate how the flood of words used to justify the various demands obscured rather than illuminated the fundamental positions. Kissinger said those "clashing perspectives" prevented any real bargaining and explained:
Jordan’s acquiescence in Resolution 242 had been obtained in 1967 by the promise of our United Nations Ambassador Arthur Goldberg that under its terms we would work for the return of the West Bank of Jordan with minor boundary rectifications and that we were prepared to use our influence to obtain a role for Jordan in Jerusalem. However, speaking to Henry Kissinger, President Richard Nixon said "You and I both know they can’t go back to the other [1967] borders. But we must not, on the other hand, say that because the Israelis win this war, as they won the '67 War, that we just go on with status quo. It can't be done." Kissinger replied "I couldn't agree more"

Moreover, President Gerald Ford said: "The U. S. further supports the position that a just and lasting peace, which remains our objective, must be acceptable to both sides. The U. S. has not developed a final position on the borders. Should it do so it will give great weight to Israel's position that any peace agreement with Syria must be predicated on Israel remaining on the Golan Heights." Furthermore, Secretary of State George Shultz declared: "Israel will never negotiate from, or return to, the lines of partition or to the 1967 borders." Secretary of State Christopher's letter to Netanyahu states: "I would like to reiterate our position that Israel is entitled to secure and defensible borders, which should be directly negotiated and agreed with its neighbors." A key part of the case in favour of a "some territories" reading is the claim that British and American officials involved in the drafting of the resolution omitted the definite article deliberately in order to make it less demanding on the Israelis. As George Brown, British Foreign Secretary in 1967, said:

The Israelis had by now annexed de facto, if not formally, large new areas of Arab land, and there were now very many more Arab refugees. It was clear that what Israel or at least many of her leaders, really wanted was permanently to colonize much of this newly annexed Arab territory, particularly the Jordan valley, Jerusalem, and other sensitive areas. This led me into a flurry of activity at the United Nations, which resulted in the near miracle of getting the famous resolution – Resolution 242 – unanimously adopted by the Security Council. It declares "the inadmissibility of territory by war" and it also affirms the necessity "for guaranteeing the territorial inviolability and political independence of every state in the area". It calls for "withdrawal of Israeli forces from territories occupied during the recent conflict." It does not call for Israeli withdrawal from “the” territories recently occupied, nor does it use the word “all”. It would have been impossible to get the resolution through if either of these words had been included, but it does set out the lines on which negotiations for a settlement must take place. Each side must be prepared to give up something: the resolution doesn’t attempt to say precisely what, because that is what negotiations for a peace treaty must be about. Lord Caradon, chief author of the resolution, takes a subtly different slant. His focus seems to be that the lack of a definite article is intended to deny permanence to the "unsatisfactory" pre 1967 border, rather than to allow Israel to retain land taken by force. Border rectification by mutual agreement is allowed:

Knowing as I did the unsatisfactory nature of the 1967 line I was not prepared to use wording in the Resolution which would have made that line permanent. Nevertheless it is necessary to say again that the overriding principle was the "inadmissibility of the acquisition of territory by war" and that meant that there could be no justification for annexation of territory on the Arab side of the 1967 line merely because it had been conquered in the 1967 war. The sensible way to decide permanent "secure and recognized" boundaries would be to set up a Boundary Commission and hear both sides and then to make impartial recommendations for a new frontier line, bearing in mind, of course, the "inadmissibility" principle. Arthur J. Goldberg, another of the resolution's drafters, argued that Resolution 242 does not dictate the extent of the withdrawal, and added that this matter should be negotiated between the parties:

Mr. Michael Stewart, Secretary of State for Foreign and Commonwealth Affairs, in a reply to a question in Parliament, 9 December 1969: "As I have explained before, there is reference, in the vital United Nations Security Council Resolution, both to withdrawal from territories and to secure and recognized boundaries. As I have told the House previously, we believe that these two things should be read concurrently and that the omission of the word 'all' before the word 'territories' is deliberate." Mr. Joseph J. Sisco, Assistant Secretary of State, 12 July 1970 (NBC "Meet the Press"): "That Resolution did not say 'withdrawal to the pre June 5 lines'. The Resolution said that the parties must negotiate to achieve agreement on the so called final secure and recognized borders. In other words, the question of the final borders is a matter of negotiations between the parties." Mr. Sisco was actively involved in drafting the resolution in his capacity as Assistant Secretary of State for International Organization Affairs in 1967. President Lyndon B. Johnson:

Fifth, the crisis underlines the importance of respect for political independence and territorial integrity of all the states of the area. We reaffirmed that principle at the height of this crisis. We reaffirm it again today on behalf of all. This principle can be effective in the Middle East only on the basis of peace between the parties. The nations of the region have had only fragile and violated truce lines for 20 years. What they now need are recognized boundaries and other arrangements that will give them security against terror, destruction, and war. There are some who have urged, as a single, simple solution, an immediate return to the situation as it was on June 4. As our distinguished and able Ambassador, Mr. Arthur Goldberg, has already said, this is not a prescription for peace but for renewed hostilities. Certainly troops must be withdrawn, but there must also be recognized rights of national life, progress in solving the refugee problem, freedom of innocent maritime passage, limitation of the arms race, and respect for political independence and territorial integrity."

On June 19, 1967, President Johnson declared the five principles, including land for peace, that he believed comprised the components of any United Nations settlement of the Middle East crisis. He pledged the U. S. Government would "do its part for peace in every forum, at every level, at every hour". On July 12, 1967, Secretary of State Rusk announced that the U. S. position on the Near East crisis was outlined in the President's statement of June 19 and that it provided the basis for a just and equitable settlement between the Arab states and Israel. On August 16, 1967, the Israeli Foreign Office stated that Israel agreed with the principles set forth by the President on June 19 and indicated that no resolution would be acceptable if it deviated from them. On June 9, 1967, Israeli Foreign Minister Eban assured Arthur Goldberg, US Ambassador to the UN, that Israel was not seeking territorial aggrandizement and had no "colonial" aspirations. Secretary of State Rusk stressed to the Government of Israel that no settlement with Jordan would be accepted by the world community unless it gave Jordan some special position in the Old City of Jerusalem. The US also assumed Jordan would receive the bulk of the West Bank as that was regarded as Jordanian territory. On November 3, 1967, Ambassador Goldberg, accompanied by Mr. Sisco and Mr. Pedersen, called on King Hussein of Jordan. Goldberg said the US was committed to the principle of political independence and territorial integrity and was ready to reaffirm it bilaterally and publicly in the Security Council resolution. Goldberg said the US believes in territorial integrity, withdrawal, and recognition of secure boundaries. Goldberg said the principle of territorial integrity has two important sub principles: there must be a withdrawal to recognized and secure frontiers for all countries, not necessarily the old armistice lines, and there must be mutuality in adjustments. Walt Rostow advised President Johnson that Secretary Rusk had explained to Mr. Eban that US support for secure permanent frontiers does not mean the US supports territorial changes. The record of a meeting between Under Secretary of State Eugene Rostow and Israeli Ambassador Harmon stated that Rostow made clear the US view that there should be movement from General Armistice Agreements to conditions of peace and that this would involve some adjustments of armistice lines as foreseen in the Armistice Agreements. Rostow told Harmon that he had already stressed to Foreign Minister Eban that the US expected the thrust of the settlement would be toward security and demilitarization arrangements rather than toward major changes in the Armistice lines. Harmon said the Israeli position was that Jerusalem should be an open city under unified administration but that the Jordanian interest in Jerusalem could be met through arrangements including "sovereignty". Rostow said the US government assumed (and Harman confirmed) that despite public statements to the contrary, the Government of Israel position on Jerusalem was that which Eban, Harman, and Evron had given several times, that Jerusalem was negotiable. Ambassador Goldberg briefed King Hussein on US assurances regarding territorial integrity. Goldberg said the US did not view Jordan as a country that consisted only of the East Bank, and that the US was prepared to support a return of the West Bank to Jordan with minor boundary rectifications. The US would use its influence to obtain compensation to Jordan for any territory it would be required to give up. Finally, although as a matter of policy the US did not agree with Jordan's position on Jerusalem, nor with the Israeli position on Jerusalem, the US was prepared to use its influence to obtain for Jordan a role in Jerusalem. Secretary Rusk advised President Johnson that he confirmed Goldberg's pledge regarding territorial integrity to King Hussein. During a subsequent meeting between President Johnson, King Hussein, and Secretary of State Rusk, Hussein said the phrasing of the resolution calling for withdrawal from occupied territories could be interpreted to mean that the Egyptians should withdraw from Gaza and the Jordanians should withdraw from the West Bank. He said this possibility was evident from a speech given by Prime Minister Eshkol in which it had been claimed that both Gaza and the West Bank had been "occupied territory". The President agreed, and promised he would talk to Ambassador Goldberg about inserting Israel in that clause. Ambassador Goldberg told King Hussein that after taking into account legitimate Arab concerns and suggestions, the US would be willing to add the word "Israeli" before "Armed Forces" in the first operative paragraph. A State Department study noted that when King Hussein met on 8 November with President Johnson, who had been briefed by Secretary Rusk on the US interpretation, the Jordanian monarch asked how soon the Israeli troops would withdraw from most of the occupied lands. The President replied "In six months."

The day after Resolution 242 was adopted, the Palestine Liberation Organization (PLO) rejected it as "fundamentally and gravely inconsistent with the Arab character of Palestine, the essence of the Palestine cause and the right of the Palestinian people to their homeland." and "disappoints the hopes of the Arab nation and ignores its national aspirations [ and] ignores the existence of the Palestinian people and their right of self determination." Replacing the National Charter of 1964 formulated by the first Palestine National Council (PNC), a revised National Charter was drawn up by the fourth PNC at Cairo in July 1968. At the 12th PNC in Cairo on 8 June 1974, the PLO adopted the Ten Point Program. Some hardline factions split away to form the Rejectionist Front. On the same day the PNC recommended to the PLO executive committee participation in the Geneva process. While reiterating its rejection of UN 242 the PLO should engage in a "framework other than that of resolution 242." The Program, a compromise with rejectionists, marked the first official PLO document that suggested the feasibility of a two state solution. While Israel was not likely to accept such conditions, the document suggested compromise. According to scholar Shaul Mishal, "a real shift in the PLO position towards the occupied territories;unequivocal support for military struggle has ever since been supplemented by a willingness to consider political means as well." Although a minority, the creation of the Rejectionist Front enabled an argument that the PLO did not speak for all Palestinians and so should not participate at Geneva. On 22 November 1974, United Nations General Assembly Resolution 3236 recognized the right of the Palestinian people to self determination, national independence and sovereignty in Palestine. It also recognized the PLO as the sole legitimate representative of the Palestinian people, and accorded it observer status in the United Nations. In 1975, as part of the Sinai II agreement, Kissinger had promised Israel that the United States would not deal with the PLO until it recognized Israel's right to exist and accepted United Nations Security Council Resolutions 242 and 338. The 1978 Camp David Accords attempted to address the Palestinian problem but there continued to be no direct Palestinian representation. The 1988 Palestinian Declaration of Independence included a PNC call for multilateral negotiations on the basis of UN Security Council Resolution 242 later known as "the Historic Compromise", implying acceptance of a two state solution and no longer questioning the legitimacy of the State of Israel. The PNC called only for withdrawal from Arab Jerusalem and "Arab territories occupied." Together with Yasser Arafat's later statements in Geneva this was accepted by the United States as a basis for dialogue. For the Madrid Conference of 1991 Israel still refused to deal directly with the PLO and the Palestinians formed part of a joint delegation with Jordan. Finally, in the 1993 Declaration of Principles and the subsequent Israeli Palestinian agreements, Israel and the PLO each recognized the other and agreed terms of reference as Resolutions 242 and 338.

On November 23, 1967, the Secretary General appointed Gunnar Jarring as Special Envoy to negotiate the implementation of the resolution with the parties, the so called Jarring Mission. The governments of Israel, Egypt, Jordan and Lebanon recognized Jarring's appointment and agreed to participate in his shuttle diplomacy, although they differed on key points of interpretation of the resolution. The government of Syria rejected Jarring's mission on grounds that total Israeli withdrawal was a prerequisite for further negotiations. The talks under Jarring's auspices lasted until 1973, but bore no results. After 1973, the Jarring mission was replaced by bilateral and multilateral peace conferences.