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EJIL: The Podcast! Episode 40: Palestinian Legal Frontiers: SC Res 2803 and beyond

December 23, 2025

Victor Kattan

Palestine and the Palestinians are often the subjects of conversations in the news, on blogs and in judicial opinions, but not present in conversations themselves. The issues are treated episodically in connection with dramatic events or judicial processes or UN resolutions, and these can entrench an atomization of attention into the atrocities committed in the Israeli-occupied territories of East Jerusalem, Gaza and the West Bank, restrict visibility of historical continuities and miss more gradual and pervasive developments. One difficulty with international courts, which have been particularly prominent recently, is that the proceedings are long and often so far removed from the people they affect that they can miss complex human dimensions. Discussions about sovereignty, statehood, security, borders, violations of conventions and the interpretation of UN resolutions might not capture what is happening on the ground.

The Corporate Identity of UNSC Resolution 2803: Trump’s Gaza Plan as a Business Strategy on New Cities Construction

December 5, 2025

Helmut Philipp Aust

Alejandro Rodiles Breton

Building on the excellent post by Michelle Burgis-Kasthala on UNSC Resolution 2803 and President Donald Trump’s Comprehensive Plan to End the Gaza Conflict, annexed to this “deeply problematic Resolution”, we would like to explore here the background and context of the physical reconstruction proposals for Gaza contained in this Plan. Burgis-Kasthala rightly mentions that these plans…

UNSC Resolution 2803

November 28, 2025

Michelle Burgis-Kasthala

On 17 November, the UNSC by 13 votes passed an historic and deeply problematic Resolution relating to the future governance of Gaza. While China and Russia had expressed doubts and Russia had circulated an alternative draft in the run up to the vote, a flurry of US lobbying of non-member regional allies persuaded these two…

Abstaining from Abstention: UNSC Resolution 2774 (2025) and Obligatory Abstention under Article 27(3) of the UN Charter

November 18, 2025

Akira Kato

UN Security Council resolution 2774 (2025) was a long-awaited resolution on Russia’s invasion of Ukraine, as non-procedural draft resolutions had been vetoed by Russia since the invasion. However, its content is very simple: it has only two preambular paragraphs and one operative paragraph, which urges a ‘lasting peace’ between Ukraine and Russia. Moreover, the vote was divided:…

The Security Council and the Western Sahara: Between Self-Determination and Implicit Recognition of Moroccan Sovereignty

November 4, 2025

Kushtrim Istrefi

On 31 October 2025, the Security Council voted in favour of Resolution 2797 extending the mandate of the long-standing UN mission to Western Sahara, but this time referenced Morocco’s 2007 Autonomy Proposal - which envisions the territory as self-governing under Moroccan sovereignty - as a basis for negotiations and the final status of Western Sahara. Although the…

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The Constructive Ambiguity of the Security Council’s ISIS Resolution

November 21, 2015

Dapo Akande & Marko Milanovic

UN Photo/Loey Felipe On Friday, the UN Security Council unanimously adopted resolution 2249 (2015), condemning a series of recent terrorist attacks by Islamic State (IS, ISIS or ISIL). The text of the resolution, together with statements of Council members, is available here. This resolution was proposed by France and superseded two competing earlier drafts by…

The Legality of Military Action in Syria: Humanitarian Intervention and Responsibility to Protect

August 28, 2013

Dapo Akande

It now seems fairly clear that the US and the UK are set to take military action in Syria in the coming days in response to the recent chemical attacks there. The UK Prime Minister, UK Foreign Secretary and the UK Secretary of State for Defence have all asserted that any action…

Stepping Back a Moment – The Legal Basis in Favour of a Principle of Humanitarian Intervention

September 12, 2013

Sir Daniel Bethlehem KC

Sir Daniel Bethlehem KCMG QC is a barrister in practice at the London Bar, Visiting Professor of Law at Columbia Law School and was formerly principal Legal Adviser of the UK Foreign & Commonwealth Office. The debate on possible intervention in Syria has moved beyond the discussion of…

Illegal But Legitimate?

April 10, 2017

Marko Milanovic

I have always thought that proponents of humanitarian intervention simply cannot make a persuasive case that it is already an existing rule of international law (even if they can make a case that it should be a rule of international law). I have similarly always thought, on the other hand, that the position that an intervention is legally…