United Nations UNSC/RES/9999

United Nations Security Council 18 November 2023

Sponsors: State of Palestine, The Commonwealth of Australia

Signatories: The Republic of Ghana, The State of Japan, Canada, The Islamic Republic
of Pakistan, The Russian Federation, The People's Republic of China, Syrian Arab
Republic, The Republic of India

Draft Resolution Margot Robbie

Acting under Chapter VII of the United Nations Charter

The Security Council,
Taking into consideration the views put forward by the World Community,
Mindful of its responsibilities under the Charter of the United Nations for the maintenance
of international peace and security,

Recalling the Report of the “Independent International Commission of Inquiry on the

Occupied Palestinian Territory, including East Jerusalem and Israel”, published by the
Human Rights Council,

Reaffirming its relevant resolutions, including resolutions 681 (1990), 694 (1991), 726
(1992), 1860 (2009) and 2334 (2016),

Determined also to restore the authority of the legitimate Government of the ‘Palestinian
Authority’, as established in the Agreement on the Gaza Strip and the Jericho Area,

Guided by the principles of the United Nations Charter,

1) Reminds the world community that establishment of settlements by Israel in the

Palestinian territory occupied since 1967, including East Jerusalem, has no legal
validity, as declared by the Security Council Resolution 2334 (2016), and that it
constitutes a flagrant violation of article 49 of the Geneva Convention;

2) Reiterates its demand that Israel immediately and completely cease all settlement
activities in the occupied Palestinian territory, including East Jerusalem, and that it fully
respect all of its legal obligations in this regard;
 3) Draws attention of the world community that the findings of the “Independent
International Commission of Inquiry on the Occupied Palestinian Territory, including
East Jerusalem, and Israel”, which was established by the Human Rights council under
General Assembly Resolution 1593, display numerous accounts of violations of
international law by the State of Israel, which include:

a) the detention of civil society organization members and their transfer from the
Occupied Palestinian Territory to Israel by Israeli authority, which is a violation
of article 49 and article 147 of the Fourth Geneva convention (1949),

b) the designations by Israeli authorities of six Palestinian NGOs as terrorist

organizations and a seventh Palestinian NGO as unlawful, undertaken to silence
civil society voices, and violate human rights, including freedom of association,
freedom of expression and opinion, and the rights to peaceful assembly, to
privacy and to fair trial, which is a violation of article 14, article 17(1), article
19(2) and article 22 of the International Covenant on Civil and Political Rights,

c) the arrest and detention of human rights defenders, as well as the constant threats
and attacks by Israeli security forces or settlers, were found to contribute to
family fragmentation and to increasing psychological trauma and fear felt by
children, which is a violation of articles 2, 3 (1), 6(2), 8(1), 9(1), 16 and 19 of the
Convention on the Rights of the Child;

4) Calls upon the State of Israel to urgently revoke the designation of Palestinian human
rights and humanitarian organizations as terrorist or unlawful organizations;

5) Has resolved that the State of Israel’s claims that the Fourth Geneva Convention is not
relevant to the situation in West Bank or the Gaza Strip on account of these territories
being ‘disputed territory’ and not ‘occupied territory’, is an invalid claim with no legal
basis, since:

a) for the Fourth Convention to apply, it is sufficient that the state whose armed
 forces have established effective control over the territory was not itself the
rightful sovereign of the place when the conflict broke out,

b) ‘occupation’ exists as soon as there is territory under the effective control of

a state that is not recognized sovereign of the territory,

c) the unclear status of a territory doesn’t prevent the applicability of the rules
of the Convention, as per the ICRC;

6) Reminds the world community, in view of the transfer of civil society organization from
the Occupied Palestinian Territory to Israel by Israeli authority, that the Rome Statute of
the ICC qualifies forcible transfer of civilians as a war crime under article 8 of the
statute, and as a crime against humanity when carried out as a widespread and
systematic attack against a civilian population under article 7 of the statute;

7) Decides to refer the conflict between the state of Israel and the state of Palestine to the
Prosecutor of the International Criminal Court in accordance with article 13(b) of the
Rome Statute;

8) Requests states to contribute to The International Criminal Court Trust Fund for
Victims, recalling articles 75 and 79 of the Rome Statute;

9) Decides that Israel, Palestine and all other parties to the conflict in Gaza shall cooperate
fully with the Court and the Prosecutor pursuant to this resolution;

10) Has resolved that although Israel is not party to the Rome Statute, The ICC has
jurisdiction over potential war crimes carried out wherever they're committed, including
on the territory of Israel and the Gaza Strip, on accounts of the following:

a) On January 1, the Palestinian Authority had lodged a declaration with the

Registrar of the ICC, giving the court a mandate back to June 13, 2014, to
cover the 2014 conflict in Gaza, in accordance with article 12(3) of the Rome
Statute,

b) On January 2, 2015, Palestinian authorities transmitted a copy of Palestine’s

 ICC accession instrument to the United Nations Secretariat, which the UN
secretary-general officially accepted on January 6, 2015 and circulated a
notification indicating that Palestine would formally become an ICC state
party on April 1, making it the 123rd member of the court,

c) the ICC was examining allegations of war crimes committed during 2014
hostilities in Gaza by Israeli forces, and the ongoing war between Israel and
hams falls within its mandate, which means that in accordance with article
13(c) of the Rome statute, the jurisdiction of the Court extends to Israeli
territory;

11) Reminds the world community that Article 1(D)of the 1951 The Convention Relating to
the Status of Refugees states that the Convention shall not apply to persons who are
already receiving protection or assistance from another UN organ or agency, and that:

(a) Israel has interpreted that this excludes Palestinians who are refugees as a result
of the 1948 or 1967 Arab-Israeli conflicts and who are receiving protection or
assistance from the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA),

(b) however, this does not mean that Palestinian refugees can’t benefit from the
protection of the 1951 Convention, since Article 1(D) of the Convention also
states that when the protection or assistance of the other UN agency or organ
“has ceased for any reason” and the position of the individual has not been
definitively settled in accordance with the relevant UN General Assembly
resolutions, then the person concerned shall “ipso facto be entitled to the benefits
of this Convention”;

12) Demands that the parties involved in the conflict grant the International Committee of
the Red Cross all facilities and assistance within their power in accordance with Article
 81 of Additional Protocol I of the 1949 Geneva Conventions so as to enable it to carry
out the humanitarian functions assigned to it by the Conventions and Additional
Protocol I of the 1949 Geneva Conventions;

13) Emphasizes the prohibition of expulsion or return of a refugee to the frontiers of

territories where his life or freedom would be threatened on account of his race,
religion, nationality, membership of a particular social group, or political opinion in
accordance with Article 33 of the Convention Relating to the Status of Refugees;

14) Encourages non-penalization of refugees on account of their illegal entry or presence

coming directly from a territory where their life or freedom was threatened in
accordance with Article 31 of the Convention Relating to the Status of Refugees;

15) Emphasizes the Right to Return of all refugees if they so decide to in accordance with
article 13(2) of the Universal Declaration of Human Rights (UDHR) in the case of a
successful ceasefire and de-escalation;

16) Reminds the world community of the Chorzow Factory Case of 1928, which if used as
legal precedent, would require the state of Israel to restitute all unlawful property
acquisition and in cases where restitution is impossible, compensation be paid for
property loss in the areas of West Bank and the Gaza strip;

17) Reaffirms that the establishment of settlements by Israel in the Palestinian territory since
1967, has no legal validity and constitutes a flagrant violation of peremptory norms,
after the application of the following legal precedent:

(a) In the Case Concerning Armed Activities on the Territory of the Congo (2005),
the International Court of Justice’s Judge Verhoeven opined that the “occupation
is unlawful because it results from the use of force otherwise than in self-
defence”, and therefore the occupation of Palestinian Territory stemming from
Israel’s use of force is unlawful;
18) Decides to deploy United Nations Emergency Troops (UNEF) in the Gaza Strip, with
further details mapped out in Annexure 1;

19) Requests the International Court of Justice to publish an advisory opinion pertaining to
the question “Legal Consequences of the Occupation of Palestine by Israel”, with
adherence to article 96, paragraph 1 of the UN charter;

20) Endorses Annexure 1;

21) Endorses Annexure 2;
22) Endorses Annexure 3;
23) Endorses Annexure 4;
24) Decides to remain actively seized of the matter.
 Annexure 1
Authors: State of Palestine, The Commonwealth of Australia

The State of Palestine

and
The State of Israel
The Margot Robbie Peace Treaty

Official text: English

Registered by State of Palestine on 18 November2023.

The State of Palestine and The State of Israel, herein referred to as “the parties”:

Recognizing the importance of lasting peace in the region,

Desiring to end the cycle of violence and conflict,
Desiring to contribute to the peaceful settlement of disputes in the region and create
an environment conducive to cooperation and dialogue,

the parties commit to the following terms:

Article 1
Ceasefire

1) Israel agrees to an immediate and complete ceasefire, halting all military

operations and hostilities within the specified borders.

2) Both parties shall refrain from any hostile acts, provocations, or incitements
that could undermine the ceasefire.
 Article 2
UN Emergency Force (UNEF) in Gaza

1) In order to supervise and enforce the ceasefire, the United Nations Emergency
Force (UNEF) will deploy troops to the Gaza Strip after official authorization
from the United Nations Security Council.
2) UNEF troops will have the authority to monitor and report any violations of
the ceasefire agreement.

3) UNEF shall work collaboratively with both Israeli and Palestinian authorities
to ensure the effective implementation of the ceasefire.

4) UNEF shall also uphold the responsibility of preventing any acts of aggression
by Hamas.

5) The parties agree that if, for whatever reason, the UN Security Council
decides against enforcing the UNEF in the Gaza Strip, article 2 of the treaty is
no longer applicable.

Article 3
Humanitarian Assistance

1) The parties commit to facilitating the unimpeded flow of humanitarian aid to the
people of Gaza and other affected areas.

2) The State of Israel commits to lifting its blockade of the Gaza Strip.

3) The parties shall call upon the Red Cross to assist in addressing the humanitarian
crises in the region of the Gaza strip.

4) The parties shall facilitate in every possible way the assistance which Red Cross
(Red Crescent, Red Lion and Sun) organizations and the League of Red
CrossSocieties1 extend to the victims of conflicts in accordance with the
provisions of the Geneva Conventions, in compliance with article 81 of the
Additional Protocol 1 of the Geneva Conventions.

Article 4
Confidence Building Measures
 1) The parties agree to engage in confidence-building measures to foster mutual
trust and cooperation.

2) Initiatives may include cultural exchanges, economic collaborations, and joint

ventures that contribute to the prosperity and well-being of both Israeli and
Palestinian populations.
Article 5
Dispute Resolution Mechanism

1) A joint committee, comprising representatives from Israel, Palestine, and the

international community, will be established to address any disputes arising
from the implementation of this treaty.

2) The committee will work towards finding amicable solutions through dialogue
and negotiation.

Article 6
Duration and Review

1) This peace treaty shall come into effect upon the signing of all parties
involved.

2) The treaty will be subject to periodic reviews to assess its effectiveness and
make necessary adjustments for the sustainable maintenance of peace.

In witness whereof, the undersigned, duly authorized, have executed this treaty.
 Annexure 2
Authors: State of Palestine, The Commonwealth of Australia

Bodywork for the Margot Robbie Border Delineation

Operation (MRBDO)
The Margot Robbie Border Delineation Operation (MRBDO) is being founded with the
goal of promoting a peaceful and secure resolution to the Israel-Palestine conflict through
unbiased delineation of borders.

Article 1
Aim and Purpose

1) The goal of the MRBDO is to make border demarcation between Israel and Palestine
easier while guaranteeing that the process is founded on international law, decisions
from the United Nations, and the idea of a two-state solution.

2) Taking into consideration that the right to self-determination is an ergo omnes right of
the Palestinians and the unease of security with regard to Israel as well, the MRBDO
will strive to delineate territory by being as unbiased as possible.

3) The MRBDO will also carry out the delineation keeping in mind the difficulties being
faced by several citizens and refugees in the region of conflict.

Article 2
Postulates

1) Unbiasedness: Keeping in mind the interests of both Israel and Palestine the MRBDO
will operate with complete impartiality.

2) Transparency: All processes carried out by the MRBDO will constantly be relayed to all
involved parties.

Article 3
Organizational Structure

1) The MRBDO will consist of a Secretariat and a Joint Committee.

2) The Joint Committee will include technical experts mainly in surveying,

monumentation, and mapping, responsible for executing the treaty in its framework
 and for setting up the technical specifications, and experts in international law.

3) The Secretariat will consist of representatives from the State of Israel, the State
of Palestine, and the Commonwealth of Australia.

4) Australia will recommend various expert Historians so that impartiality is

maintained to the highest degree.

Article 4
Operational Instructions

1) A three-step approach will be followed wherein:

(a) the preparation of boundary delimitation starts with the drafting of border
treaties or agreements. The boundary engineer serves as a technical adviser to
the negotiator by providing the input information for decision-making.

(b) The demarcation work includes all field activities, where delineation covers the
mapping process.

(c) The output of the boundary-making process would preferably be a

documentation which clearly demarcating borders between Israel and Palestine
upon thorough analysis and review of the situation.

Article 5
Funding

1) The Commonwealth of Australia will provide partial funding for the MRBDO and
the rest of the financing will be obtained from various International Donors.

2) This funding will in turn be used for administrative and logistical work of the
MRBDO.

Article 6
Termination

1) After MRBDO successfully completes its task and a final border agreement is in
place, the organization may be dissolved.
 Annexure 3
Authors: State of Palestine, The Commonwealth of Australia

Memorandum of Understanding (MoU) between

the State of Palestine and the Commonwealth of
Australia

Preamble

This Memorandum of Understanding (MoU) was signed by the State of Palestine and the
Commonwealth of Australia to address relevant issues in the Israel-Palestine conflict. Both
parties acknowledge the importance of promoting peace, stability, and security in the
Middle East and reiterate their commitment to the principles of justice, equality, and
international law.

Article 1
Two-State Solution

1) Both parties affirm their unwavering commitment to the two-state solution as the
foundation for resolving the Israel-Palestine conflict.

Article 2
Margot Robbie Border Delineation Operation (MRBDO)

1) Looking towards achieving a peaceful resolution to the conflict, the State of

Palestine and the Commonwealth of Australia agree to establish the Margot Robbie
Border Delineation Operation (MRBDO) which will consist of various experts.

2) MRBDO will delineate unbiased boundaries for the states of Israel and Palestine.

Article 3
Israeli Settlements
 1) Both parties demand the immediate removal of all settlement activities in the
occupied Palestinian territories.

2) They also call for the return of the confiscated property to their rightful owners.

Article 4
Oversight

1) All processes carried out by the MRBDO will constantly be relayed to all involved
parties.

In witness whereof, the undersigned representatives, duly authorized by their respective

governments, have executed this Memorandum of Understanding.

The Commonwealth of Australia

The State of Palestine
 Annexure 4
Authors: State of Palestine, The Commonwealth of Australia

Memorandum of Understanding (MoU) between

the State of Palestine and the Commonwealth of
Australia

Preamble

The Commonwealth of Australia and the State of Palestine, recognizing the importance of
strengthening economic cooperation for mutual development and prosperity, hereby enter
into this Memorandum of Understanding (MoU).

Article 1
Trade and investment

1) Both parties agree to enhance trade relations, including the establishment of

preferential trade agreements to boost the exchange of goods and services.

2) The Commonwealth of Australia will provide financial and technical assistance for
the development of Palestinian industries, including but not limited to agriculture,
manufacturing, and technology.

Article 2
Infrastructure and Development

1) The Commonwealth of Australia will support Palestine in infrastructure development

projects, such as the construction of roads, bridges, hospitals, and educational
institutions.

2) Both parties will cooperate in promoting sustainable energy solutions, including solar
power projects, to address Palestine's energy needs.

Article 3
Financial Cooperation
 1) The Commonwealth of Australia will provide financial assistance to Palestine for
socio-economic development, with a focus on job creation and poverty alleviation.

2) Palestinian financial institutions will collaborate with Australian counterparts to

explore opportunities for investment and financial cooperation.

In witness whereof, the undersigned representatives, duly authorized by their respective

governments, have executed this Memorandum of Understanding.

The Commonwealth of Australia

The State of Palestine