“I welcome the UN Security Council’s renewed attention on Gaza and the urgent need for a permanent ceasefire,” said Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.

“But I am deeply perplexed. Despite the horrors of the last two years and the ICJ’s clear jurisprudence, the Council has chosen not to ground its response in the very body of law it is obliged to uphold: international human rights law, including the right of self-determination, the law governing the use of force, international humanitarian law, and the UN Charter.”

“Article 24(2) of the UN Charter makes clear that in discharging its duties, the Council ‘shall act in accordance with the Purposes and Principles of the United Nations.’

“Rather than charting a pathway toward ending the occupation and ensuring Palestinian protection, the resolution risks entrenching external control over Gaza’s governance, borders, security, and reconstruction. The resolution betrays the people it claims to protect.”

The resolution was adopted on Monday (17) with 13 votes in favour and two abstentions from Russia and China.

Albanese stressed that Resolution 2803 replaces clear legal obligations towards Palestinians with a “security-first, capital-driven model of foreign control” that entrenches existing power asymmetries. “The mandate to ‘secure borders,’ ‘protect civilians,’ and ‘decommission weapons,’ focuses almost exclusively on disarming Palestinian armed groups while doing nothing to end the root cause of the violence: Israel’s ongoing unlawful siege, occupation, racial segregation and apartheid, and ethnic cleansing,” she said.

“A military force answering to a so-called ‘Board of Peace’ chaired by the President of the United States, an active party to this conflict that has continually provided military, economic and diplomatic support to the illegal occupying Power, is not legal,” the expert said. “It is a brazen attempt to impose, by threat of continued force against a virtually defenceless population, US and Israeli interests, plain and simple.”

“Essentially, it will leave Palestine in the hands of a puppet administration, assigning the United States, which shares complicity in the genocide, as the new manager of the open-air prison that Israel has already established.”

“If the OPT, including Gaza, requires an international presence, it should be mandated to supervise Israel’s immediate and unconditional withdrawal from the occupied Palestinian territories, in line with the ICJ’s 2024 advisory opinion and General Assembly resolution,” the Special Rapporteur said. “Such a presence should protect civilians, guarantee the cessation of hostilities, prevent further displacement, ensure accountability for grave breaches, and support the Palestinian people in exercising their right to freely determine their political future.”

Albanese warned that as long as Israel remains physically present in any portion of the OPT, including the Gaza Strip, it is an internationally wrongful act that all States, including the United States, are bound not to recognise, aid or assist.”

“The ICJ was clear: self-determination is an inalienable right of the Palestinian people and the UN and all States have an obligation to assist in its realisation. This can only begin with the immediate and unconditional withdrawal of Israel’s unlawful presence in the occupied Palestinian territory. Replacing an abusive trustee with another is not self-determination, it is unlawful”.

The Special Rapporteur said that Palestinians do not need a surveillance force over the ruins of their destroyed homeland. “They need a protective international presence that ends Israel’s unlawful occupation, stops the genocide and restores their capacity for self-governance. Protection means lifting the blockade, ensuring unhindered humanitarian access, supporting Palestinian-led governance, guaranteeing the right of return and enforcing international law in full,” she said.

Albanese also warned that the plan has already been used by some States as a “political pressure valve” to suspend discussions on sanctions and other concrete measures necessary to halt serious violations. “States cannot ignore serious breaches of peremptory norms because a political plan offers temporary diplomatic convenience.”

“I therefore urge all states, especially those that voted in favour of the resolution, to interpret and implement it in a manner consistent with binding international law,” she said. “To sideline international law renders the UN complicit, undermines the UN Charter and can only lead to “intensifying human carnage”.

“This is an existential moment,” Albanese said. “The international community must not allow Gaza’s future – or the future of the Palestinian people to be decided without their agency and consent. Only an approach rooted in justice, legality, and self-determination can lead to genuine peace.”