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25 N.Y.U. J. Int'l L. & Pol. 489 (1992-1993)
The Drafting of Security Council Resolution 242: The Role of the Non-Regional Actors

handle is hein.journals/nyuilp25 and id is 499 raw text is: THE DRAFTING OF SECURITY COUNCIL RESOLUTION 242: THE ROLE OF THE NON-REGIONAL ACTORS* EUGENE V. RoSTOW** I. This article is intended to take note of the fact that Se- curity Council Resolution 2421 is twenty-five years old. There seems to be a good deal of doubt in various capitals of the world about whether we should celebrate the anniversary or don mourning for the occasion. The Western nations doggedly repeat that peace negotiations between Israel and the Arab states must be based on Security Council Resolu- tions 242 of November 22, 1967, and 338, of October 22, 1973,2 which made Resolution 242 legally binding under Ar- tide 25 of the United Nations Charter. Resolution 338 com- mands the parties to start negotiations immediately, and concurrently with the cease-fire, in order to establish a just and durable peace in accordance with the terms of Resolu- tion 242. Representatives of the Western Allies do not always in- terpret Resolution 242 in exactly the same way, however. And the Arab nations, with the notable exception of Egypt, claim, somewhat inconsistently, that Resolution 242 is hope- lessly ambiguous, and that it clearly means the opposite of what its language was universally understood to mean when it was debated, negotiated, and adopted. It is not yet clear * Paper prepared for discussion at the Harris Symposium of the Washington Institute for Near Eastern Policy, Washington, D.C., November 23, 1992. ** Professor Emeritus of Law and Public Affairs at Yale University; Distinguished Professor of Law and Diplomacy at the National Defense University. As Under Secretary of State for Political Affairs (1966-1969), Professor Rostow was Chairman of the Interdepartmental Control Group charged with preparing, proposing, and carrying out U.S. policy for the Middle East crisis of that period. 1. S.C. Res. 242, U.N. SCOR, 22d Sess., 1382d mtg. at 8, U.N. Doc. S/INF/22/Rev.2 (1967). 2. S.C. Res. 338, U.N. SCOR, 28th Sess., 1747th mtg. at 10, U.N. Doc. S/INF/29 (1973). 489 Imaged with the Permission of N.Y.U. Journal of Internationl Law and Politics

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