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2016-Digest-Chapter-17.Pdf Table of Contents CHAPTER 17 ........................................................................................................................... 686 International Conflict Resolution and Avoidance................................................................ 686 A. MIDDLE EAST PEACE PROCESS ............................................................................. 686 B. PEACEKEEPING AND CONFLICT RESOLUTION ................................................ 704 1. Sexual exploitation and abuse by UN peacekeepers ...................................................... 704 2. Syria ............................................................................................................................. 713 3. Burundi ........................................................................................................................ 739 4. Colombia ...................................................................................................................... 745 5. Mali .............................................................................................................................. 752 6. Democratic Republic of the Congo ............................................................................... 755 7. South Sudan ................................................................................................................. 756 8. Sudan ........................................................................................................................... 761 9. Nagorno-Karabakh ....................................................................................................... 764 10. Yemen ...................................................................................................................... 766 C. CONFLICT AVOIDANCE AND ATROCITIES PREVENTION .............................. 770 1. Protecting Civilians ...................................................................................................... 770 2. Atrocities Prevention .................................................................................................... 773 3. Daesh and Atrocities ..................................................................................................... 779 4. Pursuing Justice for War Crimes In Syria ..................................................................... 782 Cross References ................................................................................................................... 784 CHAPTER 17 International Conflict Resolution and Avoidance A. MIDDLE EAST PEACE PROCESS The Middle East “Quartet”—represented by the United States Secretary of State, the Foreign Minister of the Russian Federation, the UN Secretary General, and the EU High Commissioner—met in Munich on February 12, 2016. The Quartet’s principals issued a statement, released as a State Department media note, available at http://2009- 2017.state.gov/r/pa/prs/ps/2016/02/252441.htm, and excerpted below. ___________________ * * * * The Quartet condemned all acts of terror and expressed its serious concern over the continuing violence against civilians. Reiterating its call for restraint, the Quartet called upon all parties to reject incitement and actively take steps to de-escalate the current tensions. The Quartet expressed its serious concern that current trends on the ground—including continued acts of violence against civilians, ongoing settlement activity, and the high rate of demolitions of Palestinian structures—are dangerously imperiling the viability of a two-state solution. The Quartet reiterated that unilateral actions by either party cannot prejudge the outcome of a negotiated solution. The Quartet underlined its commitment to achieving a negotiated, comprehensive, just and enduring resolution of the Palestinian-Israeli conflict, on the basis of United Nations Security Council resolutions 242 (1967) and 338 (1973). The Quartet reiterated that the status quo is not sustainable and that significant steps, consistent with the transition contemplated by prior agreements, are urgently needed to stabilize the situation and to reverse negative trends on the ground. It noted that the continued absence of such steps was leading to further deterioration, to the detriment of both Israelis and Palestinians. The Quartet underscored that both sides must swiftly demonstrate through policies and actions, a 686 687 DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW genuine commitment to a two-state solution in order to rebuild trust and avoid a cycle of escalation. It emphasized that a robust Palestinian economy and enhanced governance capacity will serve as cornerstones of a Palestinian state, and that genuine Palestinian unity, on the basis of democracy and the PLO principles, is essential to reuniting Gaza and the West Bank under one legitimate, democratic Palestinian authority. The Quartet urged an immediate focus on accelerating efforts to address the dire situation in Gaza, emphasized the importance of increased access through legal crossings, and called on all international partners to expedite the disbursement of their pledges made at the Cairo Conference in October 2014. The Quartet will remain engaged with the parties in order to explore concrete actions that both sides can take to demonstrate their genuine commitment to pursuing a negotiated two-state solution. The Quartet reaffirms its commitment to act in coordination with key stakeholders, including regional countries and the UN Security Council, to stabilize the situation and to actively support a just, comprehensive and lasting settlement of the Palestinian-Israeli conflict. In that regard, the Quartet will prepare a report on the situation on the ground, including recommendations that can help inform international discussions on the best way to advance the two-state solution. * * * * The Quartet issued another statement on September 23, 2016, which is excerpted below and available at http://2009- 2017.state.gov/r/pa/prs/ps/2016/09/262344.htm. ___________________ * * * * The Quartet Principals were joined by the Foreign Ministers of Egypt and France during the second part of the meeting to brief on their work to support Middle East peace. All agreed on the importance of close and continuing coordination of all efforts to achieve the common goal of the two-state solution. The Quartet reiterated its call on the parties to implement the recommendations of the Quartet Report of 1 July 2016, and create the conditions for the resumption of meaningful negotiations that will end the occupation that began in 1967 and resolve all final status issues. The Quartet recalled its findings from the Quartet Report and expressed concern about recent actions on the ground that run counter to its recommendations. In particular: The Quartet emphasized its strong opposition to ongoing settlement activity, which is an obstacle to peace, and expressed its grave concern that the acceleration of settlement construction and expansion in Area C and East Jerusalem, including the retroactive “legalization” of existing units, and the continued high rate of demolitions of Palestinian structures, are steadily eroding the viability of the two state solution. 688 DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW The Quartet expressed serious concern for the continuing dire humanitarian situation in Gaza, exacerbated by the closures of the crossings as well as for the illicit arms build-up and activity by militant Palestinian groups, including rockets fired towards Israel, which increase the risk of renewed conflict. In addition, advancing Palestinian national unity on the basis of the PLO platform and Quartet principles remains a priority. The Quartet condemned the recent resurgence of violence and called on all sides to take all necessary steps to de-escalate tensions by exercising restraint, preventing incitement, refraining from provocative actions and rhetoric, and protecting the lives and property of all civilians. The Quartet stressed the growing urgency of taking affirmative steps to reverse these trends in order to prevent entrenching a one-state reality of perpetual occupation and conflict that is incompatible with realizing the national aspirations of both peoples. The Quartet acknowledged certain practical steps and agreements by Israel and the Palestinian Authority that could improve conditions for the Palestinian people, while stressing the importance of full and timely implementation. The Quartet also noted the importance of a political horizon and reiterated its call for significant policy shifts consistent with the transition to greater Palestinian civil authority contemplated by prior agreements and called for in the Quartet Report. The Quartet underlined its commitment to achieving a negotiated, comprehensive, just and enduring resolution of the Palestinian-Israeli conflict on the basis of United Nations Security Council resolutions 242 (1967) and 338 (1973). The Quartet expressed appreciation for the efforts of the United Nations Special Coordinator. It directed the Quartet Envoys to continue engaging with the parties and key stakeholders and to keep the Principals apprised on implementation of the Report’s recommendations. * * * * On October 5, 2016, the State Department issued a press statement condemning Israel’s approval of a new West Bank settlement. The press statement follows and is available at https://2009-2017.state.gov/r/pa/prs/ps/2016/10/262795.htm. ___________________ * * * * We strongly condemn the Israeli
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