The United Nations Security Council passed a resolution on Monday, calling for a cease-fire in Gaza after a five-month-long conflict and several failed attempts, including several resolutions vetoed by the United States.
The latest resolution, which demanded an end to fighting during the Islamic holy month of Ramadan and the release of all hostages, was backed by 14 nations, including China and Russia.
The United States abstained, allowing the resolution to pass. Legal experts noted the significance of the resolution's passage, as well as the decision by the United States to abstain, signaling a shift in the Biden administration's stance toward Israel.
A cease-fire is generally understood as an agreed-upon suspension of military operations in an armed conflict, though there is no universally accepted definition.
Cease-fires are typically more formal than other ways of pausing fighting and include more detailed provisions on objectives, timelines, security arrangements, and monitoring and verification mechanisms.
The Security Council resolution that passed on Monday demands an "immediate cease-fire" leading to a "lasting sustainable cease-fire."
It remains unclear if Israel or Hamas will abide by the resolution, but legal experts view it as a breakthrough, increasing pressure on both parties to end the conflict.
Israeli Prime Minister Benjamin Netanyahu's office expressed disappointment with the U.S. decision not to veto the resolution, calling it a departure from the consistent U.S.
position in the Security Council since the beginning of the war. Israel canceled plans to send a delegation of officials to Washington in response.
Legal experts noted that the United States has consistently provided diplomatic cover for Israel at the United Nations since the war started in October. Now, with the U.N.
General Assembly and Security Council aligned in demanding a cease-fire, and the United States abstaining from vetoing resolutions, it sends a message that patience with Israel's military campaign in Gaza is finite.
Fourteen U.N. Security Council members voted in favor of the resolution, while the United States abstained, allowing it to pass. If any of the council's five permanent members casts a veto, the decision or draft is not approved, as outlined in the U.N. Charter.
Monday's vote was seen by some, including Israel, as a shift in the U.S. stance.
However, White House National Security Council spokesman John Kirby denied this, saying it "does not represent a change at all in our policy."
The successful resolution was crafted by the council's elected, nonpermanent members and took a measured, succinct approach.
Nonpermanent members are elected for two-year terms by the General Assembly and can be overshadowed by the permanent members, but in this case, they made a conscious effort to come up with a text that could bridge the divide between China, Russia, and the U.S.
For months, the council failed to pass cease-fire resolutions on the war in Gaza. In December, the United States vetoed a resolution drafted by the United Arab Emirates, citing lack of condemnation for Hamas attacks.
In February, the U.S. vetoed an Algeria-introduced resolution, citing concerns about ongoing hostage negotiations. Last week, China and Russia vetoed a U.S.-led measure that tied a cease-fire to the release of hostages.
Donald Rothwell, an expert in international law, noted that the successful resolution only had two operative paragraphs, which is short for U.N. resolutions.
He called it "even-handed" in that it "creates obligations for Israel and Hamas."
Security Council resolutions are binding under international law, though they are open to interpretation, hard to enforce, and routinely ignored. U.S. officials said the latest resolution was not legally binding, but others disagreed.
Israel is currently in violation of a 2016 resolution demanding it stop building settlements in the West Bank. Veto-holding members, including the United States, can oppose any enforcement measures. Gowan said, "I think it's pretty clear that if Israel does not comply with the resolution, the Biden administration is not going to allow the Security Council members to impose sanctions or other penalties on Israel."