§3. Offered ways of the further settlement of the Near-Eastern conflict within the limits of operating international law.
For today universal settlement of all key moments Near-Eastern
the conflict which would bring the long-term world in every respect
to the states and the people of the Near East became the major international problem
.
the pacific means applied to settlement armed
of conflicts, are defined as a complex of the measures established operating
by international law. These pacific means can be used
international subjects for the permission formed between them
conflicts and in order to avoid armed conflicts.
Basic financially-legal aspects of a principle of the peace permission
the conflict on which basis it is possible to define this principle as
the basic beginning of modern international law,
establishing a general duty of international subjects, -
it to resolve conflicts arising between them or disputes exclusively
pacific means with the right of a free choice of each of them in conformity
with principles of justice and international ïðàâà328.
Professor R.L.Bobrov, for example, underlined, that principles
«establish the bases of behaviour of the states in international
relations» 329.
the Charter of the United Nations demands (item 1, the item 36) a peaceful settlement international
disputes, settling of situations also authorises Security council in any
to a stage of dispute or corresponding situation to recommend «ought
procedure or settlement methods». To qualify the conflict, i.e.
to establish its character and consequences for an international peace and safety,
328 Aliev Hasan. Pacific means of the permission of interstate disputes: avtoref. diss.... kan. jurid. Sciences.
M, 1994. With. 7.
R.L.Osnovnye's 329 Beavers of a problem of the theory of international law. M, 1968. With. 192-193.
185
the UN Security Council which solves these questions as questions
ñóùåñòâà330 is authorised.
the Wide treatment of pacific means is defined by E.A.Pushmin who
proves it that the principle of the peace permission of state differences
is fixed also in a number of other international legal documents. On a basis
their analysis it is possible to draw a conclusion, that (the basic
components) a principle constitute a legal basis:
1) the maintenance of its legal component is based on set
the international legal norms, subjects concerning to a general duty
international law to resolve the disputes, to settle situations
exclusively pacific means;
2) action sphere - various by the nature, types, kinds and structure
the international disagreements and conflicts;
3) system of means of a peaceful settlement;
4) character of a peaceful settlement according to principles
international law and justice and in the conditions of preservation
an international peace and áåçîïàñíîñòè331.
Application of system of pacific means of settlement formed in
June, 1967 Confrontation could take place after the termination
operations in the Near East in 1967 when SB the United Nations has called
conflicting parties for the beginning of peace talks under the aegis of the United Nations with the purpose
establishments of the broken world in region, being based thus on item 33-38 item
the United Nations Charter. As an example of such settlement can serve the resolution ¹ 242
and ¹ 338 SB the United Nations.
we will notice, that resolutions ¹ 242 and ¹ 338, accepted SB the United Nations, have direct
the relation to an establishment of peaceful co-existence of all states Near
the East. These resolutions get till now extreme
an urgency for an establishment of peace relations between all members the LOG and
330 Pushmin E.A.pacific means permissions of state differences. Yaroslavl, 1981. With. 15-16.
331 Pushmin E.A.decree. soch. With. 13.
186
Israel. In our opinion, it is possible to observe similarity in aforementioned
resolutions. In both resolutions SB the United Nations started with a position according to which
the termination of military actions in confrontation zones served
as the good beginning for an establishment of the original world, safety and
stability in all territory of the Near East.
present participants of the Near-Eastern conflict are Israel,
Palestin, Lebanon and Syria which continue to approve, that they recognise
resolutions ¹ 242 and ¹ 338 SB the United Nations as international legal
platforms for peace and original settlement of the conflict since
the mentioned resolutions comprise the formula: « Territories in exchange for the world »,
confirming and specifying in necessity of clearing
the occupied Arabian earths. According to our vision of a situation, a number
renewing military men of collisions between the people and the governments
Palestin and Israel, between Israel and Lebanon, not ceased by Israel
building of illegal settlements in the territory belonging
to the Palestinian state, and full absence of trust between
conflicting parties interfere with achievement of the universal world and
to reliable safety in the Near East.
V.V. Deniss considers, that the concept« measures of strengthening of trust »covers
the whole complex of interstate relations, therefore, as it is represented,
it is possible to speak about trust measures in wide and narrow (special) sense.
the Trust in a broad sense is one of the basic components
world and safety maintenance and covers practically all sphere
interstate relations. Without trust between the parties it is impossible
to come into any contacts, and at such approach the trust becomes
a synonym áåçîïàñíîñòè332.
If to concretise concept «measures of strengthening of trust» it is possible
to designate them as the effective methods aimed at maintenance and
of 332 Deniss V.V. Genezis of institute of measures of trust / International law in the modern world: sb. Article / Otv.
red. JU.M.Kolosov. M: mezhdunar. Relations, 1991. With. 167-168.
187
contribution to decrease in threat of occurrence of wars and conflicts which
are the direct evidence of desirable stability in international
relations for the purpose of advancement and assistance of progress of negotiations on all
to the directions leading to the world. From known international legal norms and
principles follows, that the resolution of disputes and confrontations between
various international subjects should occur
exclusively pacific means so that the world and its safety not
were exposed to any threat.
E.A.Pushmin fairly notices, that «the states and other subjects
international law are obliged not only peacefully to resolve the disputes and
disagreements, but also to resolve them in essence and in time». This imperative
the requirement of modern international law, according to E.A. Pushmina, in
equal degree concerns not only to the disputes which continuation can
threaten international peace and safety maintenance, but also to disputes, not
reached still such îñòðîòû333.
As it was more than once marked, the United Nations and other international organisations
repeatedly undertook attempts for achievement of comprehensible decisions,
having possibility to unblock the Near-Eastern conflict and
to recommend ways of an exit from a difficult impasse.
for today we have two scenarios aimed on peace and
strong settlement of the Near-Eastern conflict. First,
«the Obshchearabsky initiative», accepted by all members the LOG in 2002
provided total normalisation of relations with the state Israel
all 22 Arabian member states the LOG in exchange for leaving of Israel with
conventional by international law occupied during armed
the conflict in 1967 of a part of the Syrian, Lebanese and Palestinian earths
by means of a conclusion therefrom the armies to the border existing till June, 5th
1967 Secondly, the plan is developed by the International four «Road
333 Pushmin E.A.peace the permission of state differences. M, 1974. With. 10-11.
188
a card», accepted in December, 2002 which has been directed on a kernel
the Near-Eastern conflict - the palestino-Israeli collision.
the Characterized plans of an establishment of the original world for all
territories of the Near East are very close and do not contradict each other,
as were based on necessity of creation of the Palestinian state
on equal terms with the independent state Israel. The difference between them
is appreciable in approaches of the decision of the conflict. As it was already spoken, «International
the four» considered as key point the decision palestino-Israeli
the conflict which in the long term promises favorable conditions for the permission
most complicated questions, such as Syrian-Israeli and livano -
Israeli confrontations. In «the Obshchearabsky initiative» the accent
is made not on partial settlement of the conflict, and on universal
settlement of the multistage Near-Eastern conflict, in particular,
compulsion of creation of the state of Palestin and a withdrawal of troops
Israel from the Arabian territories was accented.
concerning the permission of the Near-Eastern conflict a number
conferences with participation of the United Nations in the name of Security council and General
Assemblies where its various variants
settlements have been offered and considered has taken place, certain documents and agreements are approved and signed.
however in search of ways of settlement of the conflict it is necessary to highly appreciate
an active and constructive role of all Secretaries general of the United Nations and
special intermediaries of the United Nations in the Near East (F.Bernadotta, R.Bancha,
JArringa), undertaken effort in search of conciliatory proposals and played
a considerable role in confrontation settlement in the Near East.
it is important, that all states, big and small, should have
interest in achievement of the purposes, for the sake of which United Nations Donald considers, that increase of a role of the United Nations and its international organisations
system demands also performance of their functions connected with the prevention
of the international crises and conflicts on various directions.
189
escalating of such functions would promote transition from crisis to
preventive äèïëîìàòèè334.
In this connection rather actually sounded it has been created. S
words former General
the secretary of the United Nations Butros B. Gali who has underlined in the report «the Summons
day for the world» (January, 1992) That prevention and settlement problems
conflicts and preservation of the world demand the coordination of efforts separate
the states and non-governmental organisations, and also all system OON335.
the Former Secretary general of the United Nations K.Annan within the limits of the annual report about
for 1998 has declared to United Nations work, that preventive expansion of operations on
to world maintenance should occur not during the conflict as it is frequent
happens, and much earlier, still to íà÷àëà336. The United Nations and other international
the organisations constantly call participants of the Near-Eastern conflict to
to immediate renewal and activization of the peace talks having
great value for rapprochement of the points of view on cases in point
of opposition.
A.H.Abashidze and A.M.Solntsev notice, that in 1999 General
the Assembly has accepted the Resolution ¹ 53/101 «Principles and installations for conducting
negotiations». The given resolution underlines, that during negotiations
the states should be guided by corresponding principles and
norms of international law. According to scientists, negotiations should
be compatible to a principle of achievement of the declared purpose of negotiations and
to promote it according to following installations:
diligent negotiating;
attraction to negotiations of the states which interests
are directly mentioned;
334
Snow Donald M. The Necessary Peace: Nuclear Weapons and Super ðower Relation. - Lexington (mass.) . 1987. P.
114.
335 Gali Butros n for the world. Preventive diplomacy, mirotvorchestvo and world maintenance. Nju -
York, 1992.
336 Annan K.Partnerstvo for the sake of the world community. The annual report on Organization work, 1998. (À/53/1),
the Chapter II, § 25.
190
necessity to adhere to mutually adjusted frameworks of conducting
negotiations;
acceptance of measures on maintenance of constructive atmosphere on
negotiations and abstention from the steps, capable to complicate or break
negotiations;
assistance to achievement of overall objectives of negotiations;
work continuation on achievement of the mutually acceptable decision in
a failure case ïåðåãîâîðîâ337.
to realise in practice the strong and safe world on
the Near East, it is necessary to take advantage of experience of the United Nations in convocation
the international conferences under its aegis where conflict parties in interest - Palestin will be participants all
, Israel, Syria and Lebanon. On
to conference followed mention the key questions having
vital importance in business of Near-Eastern settlement, namely:
the termination of the fact of occupation by Israel till now remained Arabian
territories.
J. Burton notices, that the analysis of problems and revealing of the reasons of the conflict to participation of all is necessary for the resolution of conflict
parties in interest deep
. In its opinion, the resolution of conflict is possible,
when new conditions consider base requirements ñòîðîí338.
It is impossible to agree with judgement, that the Near-Eastern conflict
is unsoluble. More truly, on the contrary. Today, as never, participants of the conflict
have all possible chances of a peaceful settlement of this long-term
the conflict to the help sbalansirovanija their legitimate interests with prospect and
cooperation in sphere of development of all region. Differently, the purpose
conflict settlements - reliable future development and fruitful
cooperation.
337 Abashidze A.H., Solntsev A.M.peace the permission of state differences: modern problems. 2 izd.
M: RUDN, 2012. With. 46-47.
338 Burton J.W. Conflict resolution: Its Language and Processes. Lanham, Md.; London: The Scarecrow Press, Inc, 1996. P.
40.
191
the International practice has developed following basic forms
the trunk-call initiative: the oral offer in conversation between representatives
the arguing states or transferred through representatives of the third states;
a diplomatic sounding; the reference with the offer of negotiations; the statement
the parties about readiness to begin negotiations; delivery of the note or the memorandum with
the offer on negotiations and ò.ä.339 the States also can give
the project peace óðåãóëèðîâàíèÿ340. Achievement of the agreement on negotiations
imposes on the parties mutual obligations concerning their prompt beginning.
differently, the states are obliged to support the general favorable for
negotiations àòìîñôåðó341.
the International guarantees should be fixed in special
resolutions SB the United Nations. Differently, SB the United Nations properly defend
the world and safety of all states of the Near East that can serve
as the basis for realisation of joint projects and progressive development
region and resist to threats from the outside. Confirming to told it is possible with
absolute confidence to notice, that a question on guarantees, certainly, is
one of key questions of Near-Eastern settlement.
one of significant criteria of the beginning of negotiations between absolute all
conflicting parties is presence real trunk-call
spaces. Differently, the situations providing on theoretical
level possible achievement of any result which could
increase possibility of coincidence of a circle of their interests. It is important, that in
a case of absence of trunk-call space to conflicting parties
neobhodimo to rethink the positions in search of an exit from developed
situations, thereby anew forming trunk-call space.
an example of absence of corresponding trunk-call space for peace
negotiations today's position in the Near East can become bright. The reason
its absence sees in renewal of military collisions in region, in
339 Pushmin E.A.pacific means of the permission of state differences. Yaroslavl, 1981. With. 28.
340 Kolosov JU.M.contractual the initiative in the international relations//the Soviet state and the right. 1971.
¹ 12. With. 60-61.
341 Pushmin E.A.pacific means of the permission of state differences. The decree. soch. With. 28.
192
not ceased building of settlements in the Arabian territories and absence
trust between Israel and Palestin, Syria and Lebanon. Because of a number
subjective complexities in elimination of the given obstacles convocation possibility
the international conference is rather insignificant.
in our opinion, value of a Near-Eastern peaceful settlement
consists in development of the United Nations and direct participants of the conflict uniform
positions for achievement of effective result in establishment business
the original world, safety and the consent between all members the LOG and
Israel.
for today of the Russian Federation has developed the excellent offer concerning
of carrying out in Moscow of peace conference on settlement
of the Near-Eastern conflict where all parties in interest
this conflict would participate. For successful and effective work of peace conference under
United Nations aegis in Moscow is considered to prepare and develop extremely necessary
the favorable conditions advancing atmosphere of mutual trust between
by direct participants of the Near-Eastern conflict. Thus
followed apply such pacific means, as multilateral negotiations
with observance of following rules:
1. For increase of the effective methods applied during convocation
of the Madrid conference in October, 1991, it is necessary, that at conference
in Moscow the paramount reasons and disagreements which
interfered on previous peace talks have been established.
2. At the international peace conference should be developed and
the international guarantees which can be used in further
at achievement by the parties of arrangements are accepted. Responsibility for performance
the reached agreements between conflicting parties
will be directly guaranteed by the UN Security Council. These guarantees
should be fixed in special resolution SB the United Nations which
are based on the principles corresponding to norms of international law and
to basic resolutions ¹ 242 and ¹ 338 SB United Nations across the Near East.
193
besides, the UN Security Council from the astipulation undertakes
concrete steps on supervision over observance of the parties reached
arrangements, for example: realisation of the United Nations of supervision over process
a withdrawal of Israeli troops from the Arabian territories; safety maintenance
the arabsko-Israeli borders for the certain period which will be established
by participants of the conflict in peace treaties. Differently, SB the United Nations
properly defend the world and safety of all states Near
the East that can form the basis for realisation of joint projects and
progressive development of region and to resist to threats from the outside.
3. Arrangements which can be signed at direct
United Nations participation, could affect positively all participants
the Near-Eastern conflict - to pass from an enmity condition to the world that can
form the basis for realisation of joint projects progressive
developments of region and resist to threats from the outside which can subsequently
become additional preconditions for strengthening of mutual relations of all
the region states in the future. Thus corresponding settlement
the conflict should not strike somehow at the rights and interests of the parties.
various scenarios and models Near-Eastern
settlements and the states which should operate exclusively in
conformity with the Charter of the United Nations and the basic decisions accepted SB and
HECTARES of the United Nations Here are admissible.
It is represented, that United Nations participation together with the LOG and others
the international organisations is caused by their possibility of performance
the guarantor of negotiating process for arrangement achievement rather
peace relations between Israel and all 22 Arabian states -
members the LOG. Besides, efficiency of the United Nations in a question of preservation of the world and
safety on international scene can be provided only at
observance of the Charter of the United Nations and its possibilities.
leaving of the Near-Eastern conflict in such not settled kind
gives the basis to believe, that in region exists real and potential
194
threats: 1) renewal threat at any time armed conflicts,
connected with continuation of occupation remained Palestinian, Lebanese and
the Syrian territories; 2) threat of the Iranian illegal formations in region,
opposing conflict pacific settlement. Especially important
to notice, that presence of the above-named threats is closely interconnected among themselves.
thus nevertheless it is necessary to consider as initial threats threats scale
character. As a vivid example of such threats performance of the Iranian illegal formations against the conclusion peace
contracts with Israel on the basis of borders of 1967
For today a question of Near-Eastern settlement can serve repeated
consists from
three key directions: Palestinian, Syrian and Lebanese. Palestinian
the problem which is a part of the Near-Eastern conflict, has considerable
relative density for all clashing states. A key question
the palestino-Israeli settlement represents a formation question
the Palestinian state, and also a question on final delineation
between the states of Palestin and Israel. In resolutions of Security Council and
Genassamblei the United Nations can be beheld the relation to Palestinians that these
resolutions confirm an inalienable law of the Near-Eastern states
to live in the international-recognised borders, including the right of Palestinians to create
the independent state in territory belonging to them.
J. Burton underlines, that for successful settlement of the conflict
it is necessary, that the parties have found the general values which they
adhere that can become a basis for reconciliation conflicting
ñòîðîí342.
It would be fair to notice, that in September, 2005 the Government
Israel has disengaged all armies from area Gaza, also have been evacuated
Israeli poselentsy from 21 Jewish settlements (the plan unilateral
delimitation). As approves T.V.Nosenko, the politician unilateral
342 Burton J.W. Conflict resolution: Its Language and Processes. Lanham, Md.; London: The Scarecrow Press, Inc, 1996.
P. 43.
195
delimitation has led to new strain of relations between Israelis and
Palestinians. It did not provide the territorial decisions connected with
by a painful problem for Palestinians of the Israeli settlements on Western
to the coast of the river Iordan343.
the Syrian direction is connected with Syria which represents
one of the key players, participating in the Near-Eastern conflict. There is
an interesting note in this occasion, saying, that without participation of Syria it is possible
to begin war, however to reach world without it is impossible. As to Syrian
directions, it is possible to notice, that the situation last years is
astable in connection with war in Syria. The Israeli government sees
present border with Syria around Golan heights unsafe. We will note,
that within the limits of the Geneva conference on May, 31st, 1974 delegations of Syria and Israel
have signed the special agreement in Geneva, concerning separations of their armies
on Golanah. According to this agreement, Israel has returned Syria the area nearby
100 sq. êì2. From general occupied territory Golan, including
an administrative centre of a city the Ale-kunejtra. In this occasion SB the United Nations in that
put has accepted the resolution ¹ 350 according to which substantive provisions of the agreement signed by the parties have been fixed
. The main position
resolutions became establishment of Forces of the United Nations on supervision over separation
(SOONNR) which are based since then around Golan heights.
the Lebanese direction is connected with Lebanon as direct
the participant of Near-Eastern settlement. Lebanon represented the
a position at the Madrid conference on the Near East on the following
to questions: the Lebanese government insisted on leaving of armies of Israel from southern
areas of Lebanon according to the resolution ¹ 425 UN Security Councils from
on March, 19th, 1978 344 Main objective of this resolution consisted in creation on
territories of southern Lebanon of Time forces of the United Nations (VSOONL) (United Nations
Force in Lebanon). VSOONL have been founded at the desire of the government of Lebanon with
343 Nosenko T.V.occupied territor and poselencheskaja activity of the politician of Israel: History and
some legal aspects//the State Israel: Policy, economy, a society. M, 2006. With. 93.
344 Report of the Secretary general of the United Nations on realisation of the resolution of the UN Security Council ¹ 425 (1978) and
426 (1978). On May, 22nd 2000. - S/2000/460.
196
the purpose of acknowledgement of a withdrawal of Israeli troops from a southern part of Lebanon,
international peace and safety restoration and rendering assistance
to the government of Lebanon in maintenance of returning to it effective jurisdiction in
this area. Term of their powers has been provided for the initial period in
6 months. In the subsequent their mandate repeatedly âîçîáíîâëÿëñÿ345.
Carrying out ordered in the resolution ¹ 425 SB the position United Nations, on May, 25th
2000 the management of Israel has made the decision on evacuation of the military forces,
sojourning on territory of Lebanon since 1978 Evacuation of the Israeli forces from
southern areas of Lebanon proves to be true in accepted SB the resolution United Nations ¹ 1310
from July, 27th, 2000 After end of process of evacuation of the Israeli armies in
these areas have been placed VSOONL for the purpose of conditions stabilisation in
Lebanon. However till now the small site of the Lebanese territory on border
with Israel is under control to Israel.
the world in the Near East means absence of confrontations,
wars and territorial disputes between Israel and Syria, Lebanon and
Palestin. It is promoted, in our opinion, by an establishment and normalisation
high-grade normal and a good-neighbourhood between
the aforementioned states.
during work on this chapter, having investigated and having analysed present
a theme, we have come to following conclusions:
1. The concept of an establishment of the universal and strong world on Near
the East has been approved, first of all, the United Nations, the LOG and others international
by the organisations. Special resolutions and corresponding
decisions on universal Near-Eastern settlement according to
the Charter of the United Nations and basic resolutions of the United Nations have been accepted.
2. Application of the international standards on settlement
the Near-Eastern conflict is connected first of all with realisation of resolutions
¹ 242 and ¹ 338 and as a whole with an internal situation in each of the states,
345 United Nations Organization: the Directory / Otv. red. V.F.Petrovsky. 4 izd., the reslave. And dop. M:
the International relations, 1985. With. 18.
197
participants of this conflict, from character existing political
managements and external factors.
3. Basis of international legal settlement of all
the Near-Eastern conflict are basic resolutions SB the United Nations
¹ 242 and ¹ 338, the Madrid principles suitable for use as on
the international conference under the aegis of the United Nations, and on the subsequent peace
negotiations. Also creation of favorable atmosphere
trust between the conflict parties is essential.
4. The invaluable and considerable contribution to working out universal and
pacific settlement of Near-Eastern settlement has brought the United Nations in the person
its principal organs SB and United Nations HECTARES. In our opinion, pacific means constitute
good international legal base for settlement of all aspects
the Near-Eastern conflict taking into account observance of the interested states
the reached arrangements.
5. Increasing threats of occurrence of new armed conflicts
can lead to one more large-scale war as on big
to territory of the Near East, and behind its limits. Thereupon the United Nations debt, it
a principal organ, Security council, consists in acceptance maximum
effectual measures for maintenance of the world by working out of new approaches for
performance by all states of this region without an exception of the
the international legal obligations following from position of the Charter of the United Nations, and
also for an embodiment during a life of basic resolutions rather
Near-Eastern settlement.
6. As a rule, in absence of trust speech cannot go about any
settlement. It is necessary to hope, however, that in the near future all
aspects of the Near-Eastern conflict will be settled peace and legal
by, i.e. The big role is taken away to direct negotiations, mutual trust and
to understanding in actions of the parties.
198
More on topic §3. Offered ways of the further settlement of the Near-Eastern conflict within the limits of operating international law.:
- 2. The further negotiating process as the most effective way of settlement of the Near-Eastern conflict within the limits of the Madrid conference.
- the Chapter II. The international conferences and the pacific means applied to settlement of the Near-Eastern conflict
- the Chapter III. The modern international legal peace plans applied to settlement of the Near-Eastern conflict
- § 1. Application posrednichestvai good offices in settlement of the Near-Eastern conflict - the Plan "Motoring map" of 2002
- the Chapter I. The Near-Eastern conflict and international law.
- Al Ahmad Amad Hassan. United Nations ROLE In INTERNATIONAL LEGAL SETTLEMENT of the NEAR-EASTERN CONFLICT. The DISSERTATION on competition of a scientific degree of the master of laws. Kazan-2015, 2015
- the CHAPTER III. International legal bases of settlement of the modern state conflict in Afghanistan
- Chapter 3. INTERNATIONAL LEGAL MEASURES ON DEFINITIVE UNIVERSAL SETTLEMENT of the PALESTINO-ISRAELI CONFLICT.
- the Analysis of norms of the international humanitarian law applied in the conditions of the international and not international conflict
- the Chapter II. The PROBLEMS CONNECTED With DEVELOPMENT of FORM OBEKTIVIROVANIJA of NORMS of INTERNATIONAL LAW, Within the limits of the DOCTRINE ABOUT INTERNATIONAL LAW SOURCES
- § 3.2. Ways of an establishment of limits of a concrete definition of norms of the law of master and servant
- 1. Interrelation of the international civil procedure and a law of conflict
- §3. The algorithm of the Cyprian conflict and settlement prospect at the present stage
- § 2.3. Settlement of the iordano-Israeli conflict in a context of signing of the peace treaty (Vadi the Arab - 1994).
- 2.1. The decision of questions of information safety operating international law