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Security Council Resolution Condemning Hamas Vetoed by Russia and China

(October 25, 2023)

The Security Council,

Reaffirming the purposes and principles of the Charter of the United Nations,

Recalling its resolutions on combatting terrorism, against kidnapping and hostage taking of civilians by terrorist organizations, on the protection of civilians and children in armed conflict, on hunger in conflict, and on the situation in the Middle East, and recalling that any measures taken to counter terrorism must comply with all obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law,

Expressing deep concern at instances of discrimination, intolerance and violent extremism, manifesting in the form of hate speech or violence based on race, sex, ethnicity or religion or belief, such as but not limited to persons belonging to religious communities, in particular cases motivated by Islamophobia, antisemitism or Christianophobia, and other forms of intolerance,

Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed,

Expressing grave concern at the deterioration of the situation in the region, and emphasizing that all civilian populations – including Israelis and Palestinians – must be protected in accordance with international humanitarian law and international human rights law,

Expressing deep concern for the humanitarian situation in Gaza and for its grave impact on the civilian population, especially the disproportionate effect on children, and underlining the need for full, rapid, safe and unhindered humanitarian access,

Recalling its desire that a lasting end to the Israeli-Palestinian conflict can only be achieved by peaceful means, based on its relevant resolutions,

Noting that Hamas and other terrorist groups in Gaza do not stand for the dignity or self-determination of the Palestinian people and that Hamas has been designated as a terrorist organization by numerous Member States,

Determined to combat by all means in accordance with the Charter of the United Nations and other obligations under international law, including international human rights law, international refugee law, and international humanitarian law, threats to international peace and security caused by terrorist acts,

  1. Unequivocally rejects and condemns the heinous terrorist attacks by Hamas and other terrorist groups that took place in Israel starting 7 October 2023, as well as the taking and killing of hostages, murder, torture, rape, sexual violenc e, and continued indiscriminate firing of rockets;
  2. Expresses its deepest sympathy and condolences to the victims and their families and to the Government of Israel and all Governments whose citizens were targeted and lost their lives in the above-mentioned attacks;
  3. Further expresses its deepest sympathy and condolences to Palestinian civilians and all other civilians who have lost their lives since 7 October 2023, including at the Al-Ahli Hospital on 17 October 2023;
  4. Reaffirms the inherent right of all States to individual and collective self- defense, and also reaffirms that in responding to terrorist attacks, Member States must fully comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law;
  5. Strongly urges all parties to fully respect and comply with obligations under international law, including international human rights law and international humanitarian law, including those related to the conduct of hostilities and to the protection of the civilian population, including civilians who are trying to get to safety, and civilian infrastructure, and reiterates the need to take appropriate steps to ensure the safety and well-being of civilians and their protection, as well as humanitarian workers and assets;
  6. Reaffirms that any movement of people must be voluntary, safe, and consistent with international law and urges all parties to take appropriate steps to promote the safety and well-being of civilians and their protection, including children, in allowing their safe movement;
  7. Condemns in the strongest terms all violence and hostilities against civilians, as well as the continued gross, systematic and widespread abuses of human rights, violations of international humanitarian law, and depraved acts of destruction carried out by Hamas, including its deplorable use of civilians as human shields and its attempt to thwart the protection of civilians;
  8. Demands the immediate and unconditional release of all remaining hostages taken by Hamas and other terrorist groups, as well as their continued safety, well-being, and humane treatment consistent with international law and expresses appreciation for the efforts by all states, including Qatar, for the release on 20 October 2023 of two hostages taken by Hamas;
  9. Calls for all measures, specifically to include humanitarian pauses, to allow the full, rapid, safe, and unhindered humanitarian access, consistent with international humanitarian law, for United Nations humanitarian agencies and their implementing partners, the International Committee of the Red Cross and other impartial humanitarian organizations, to facilitate the continuous, sufficient and unhindered provision of essential goods and services important to the well-being of civilians in Gaza, including especially water, electricity, fuel, food, and medical supplies;
  10. Welcomes the announcement on 21 October 2023 by the Secretary General of the initial provision of humanitarian supplies to civilians in Gaza via the Rafah Crossing, as well as the additional delivery of supplies on 22 October 2023, and calls on Member States to further support the efforts of the United Nations, Egypt, Jordan, and others to further allow the full, rapid, safe, and unhindered access consistent with international humanitarian law and to build on this important first step, including by advancing such practical steps such as the establishment of humanitarian corridors and other initiatives for the sustainable delivery of humanitarian aid to civilians;
  11. Reiterates the call on all parties to armed conflict to comply with their obligations under international humanitarian law including regarding respecting and protecting civilians and taking constant care to spare civilian objects, including such objects critical to the delivery of essential services to the civilian population, refraining from attacking, destroying, removing or rendering useless objects that are indispensable to the survival of the civilian population and respecting and protecting humanitarian personnel and consignments used for humanitarian relief operations;
  12. Emphasizes that civilian and humanitarian facilities, including medical hospitals, medical facilities, schools, places of worship, and facilities of the UN, as well as humanitarian personnel, and medical personnel exclusively engaged in medical duties, and their means of transport, must be respected and protected, according to international humanitarian law, and calls on all parties to act consistently with these principles and rules;
  13. Underscores the importance of coordination and deconfliction to protect all humanitarian sites, including UN facilities, and to help facilitate the movement of aid convoys;
  14. Urges Member States to intensify their efforts to suppress the financing of terrorism, including by restricting financing of Hamas through applicable national - level authorities, in accordance with international law and consistent with resolution 2482 (2019);
  15. Calls on all States and international organizations to intensify urgent, concrete steps to support efforts by the United Nations and regional States to prevent the violence in Gaza from escalating, spilling over or expanding to other areas in the region, and calls on all those with influence to work towards this objective, including by demanding the immediate cessation by Hezbollah and other armed-groups of all attacks which constitute clear violations of resolution 1701 (2006) and relevant Security Council resolutions;
  16. Calls on all States to take practical steps to prevent the export of arms and materiel to armed militias and terrorist groups operating in Gaza, including Hamas;
  17. Stresses that lasting peace can only be based on an enduring commitment to mutual recognition, full respect for human rights, freedom from violence and incitement, and affirms the urgency of diplomatic efforts to achieve a comprehensive peace based on the vision of a region where two democratic states, Israel and Palestine, live side by side in peace with secure and recognized borders as envisioned in its prior resolutions, and calls for the resumption of Israeli-Palestinian negotiations based on the relevant United Nations resolutions including a two-State solution;
  18. Expresses its solidarity with all the people who long for lasting peace based on a two-state solution, and also its support for practical measures, consistent with international law, necessary to contribute to ending the cycle of violence; rebuilding trust and confidence, and creating the necessary conditions to advance peace and security;
  19. Decides to remain seized of the matter.