United Nations Security Council Resolution 338

The three-line United Nations Security Council Resolution 338 (S/RES/338), approved on October 22, 1973, called for a cease fire in the Yom Kipur War in accordance with a joint proposal by the United States and the Soviet Union. The resolution stipulated a cease fire to take effect within 12 hours, no later than 6:52PM of that day.

Two clauses were attached to this decision: clause two, calling for the implementation of Resolution 242 "in all of its parts," and clause three, to begin "negotiations ... between the parties concerned under appropriate auspices aimed at establishing a just and durable peace." The "appropriate auspices" was interpreted to mean American or Soviet rather than UN auspices. This third claused helped to establish the framework for the Geneva Conference (1973) held in December of 1973.

The continuing importance of Resolution 338, often missed in many accounts incorrectly claiming that there are no binding Security Council Resolutions relating to the Arab-Israeli conflict, stems from the word "decides" in article 3 (also appearing in its immediate sequels SC 339-341). This use of the language of chapter VII and article 25 of the United Nations Charter demonstrates that it is not just a UN Security Council Resolution, but a rare Security Council "Decision" (The resolution also refers to itself as a "decision" in article 1). By the UN Charter's article 25, and because it is addressed to a problem under Article 39 of Chapter VII - a threat to peace, it is international law which is binding on all UN members, and the warring parties in particular, rather than just a chapter VI recommendation.

The legal force added to Resolution 242 by this resolution is the reason for the otherwise puzzling fact that SC 242 and the otherwise seemingly superfluous and superannuated Resolution 338 are always referred to together in legal documents relating to the conflict.

The resolution was passed at the 1747th UNSC meeting by 14 to none, with one member, the People's Republic of China, not participating in the vote. The continued fighting despite the terms called for by the resolution, brought Resolution 339 which resulted in a cease fire.

Arab-Israeli peace diplomacy and treaties

References

Text at domino.un.org
Rostow, Eugene V. The Illegality of the Arab Attack on Israel of October 6, 1973. The American Journal of International law, 69(2), 1975, pp. 272 - 289.

UN Security Council Resolutions | Arab-Israeli conflict | Middle East peace efforts

القرار رقم 338 | החלטה 338 של מועצת הבטחון של האו"ם

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Arab-Israeli peace diplomacy and treaties

See also

References