The three-line

United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...

Resolution 338, adopted on October 22, 1973, called for a

ceasefire A ceasefire (also known as a truce or armistice), also spelled cease fire (the antonym of 'open fire'), is a temporary stoppage of a war in which each side agrees with the other to suspend aggressive actions. Ceasefires may be between state act ...

in the

Yom Kippur War The Yom Kippur War, also known as the Ramadan War, the October War, the 1973 Arab–Israeli War, or the Fourth Arab–Israeli War, was an armed conflict fought from October 6 to 25, 1973 between Israel and a coalition of Arab states led by E ...

in accordance with a joint proposal by the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

and the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...

. The resolution stipulated a cease fire to take effect within 12 hours of the adoption of the resolution. The "appropriate auspices" was interpreted to mean American or Soviet rather than UN auspices. This third clause helped to establish the framework for the Geneva Conference (1973) held in December 1973. The resolution was passed at the 1747th UNSC meeting by 14 votes to none, with one member, the

People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...

, not participating in the vote. The fighting continued despite the terms called for by the resolution, brought Resolution 339 which resulted in a cease fire. The resolution states:

Binding or non-binding issue

The alleged importance of resolution 338 in the

Arab–Israeli conflict The Arab–Israeli conflict is an ongoing intercommunal phenomenon involving political tension, military conflicts, and other disputes between Arab countries and Israel, which escalated during the 20th century, but had mostly faded out by the ...

supposedly stems from the word "decides" in clause 3 which is held to make

resolution 242 United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six-Day War. It was adopted under Chapter VI of the UN Charter. The resolution was spons ...

binding. However, the decision in clause 3 does not relate to resolution 242, but rather to the need to begin negotiations on a just and durable peace in the Middle East that led to the Geneva Conference which Syria did not attend. The argument continues; Article 25 of the

United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...

says that UN members "agree to accept and carry out the decisions of the Security Council". It is generally accepted that Security Council resolutions adopted according to Chapter VII of the UN Charter in the exercise of its primary responsibility for the maintenance of international peace in accordance with the UN Charter are binding upon the member states. Scholars applying this doctrine on the resolution assert that the use of the word "decide" makes it a "decision" of the Council, thus invoking the binding nature of article 25. 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 more obvious need for the use of Resolution 338 is that it requires all parties to cease fire and states when that should occur, without which Resolution 242 can't be accomplished. Some scholars have advanced the position that the resolution was passed as a non-binding Chapter VI recommendation. Other commentators assert that it probably was passed as a binding Chapter VII resolution. The resolution contains reference to neither Chapter VI nor Chapter VII.

Adoption of the Resolution

Egypt and Israel accepted on October 22 Resolution conditions. Syria, Iraq, and Jordan rejected the Resolution.

Execution requirements of the Resolution by Egypt and Israel

An October 22 United Nations-brokered ceasefire quickly unraveled, with each side blaming the other for the breach. ::::According to some sources, Egypt broke the cease-fire first: The cease fire soon violated because Egypt's Third Army Corps tried to break free of the Israeli Army's encirclement. The Egyptian action and the arrival of more Soviet equipment to Cairo permitted Israel to tighten its grip on the Egyptians ::::According to other sources, Israel broke the cease-fire first: On October 22 the superpowers brokered UN Security Council Resolution 338. It provided the legal basis for ending the war, calling for a cease-fire to be in place within twelve hours, implementation of Resolution 242 'in all its parts' and negotiations between the parties. This marked the first occasion the Soviets had endorsed direct negotiations between the Arabs and Israel without conditions or qualifications.

Golda Meir Golda Meir, ; ar, جولدا مائير, Jūldā Māʾīr., group=nb (born Golda Mabovitch; 3 May 1898 – 8 December 1978) was an Israeli politician, teacher, and '' kibbutznikit'' who served as the fourth prime minister of Israel from 1969 to ...

, the Israeli Ptine Minister, who was not consulted, was offended by this fait accompli, though she had little option but to comply. Nevertheless, Meir was determined to gain the maximum strategic advantage before the final curtain came down on the conflict. Given the entanglement of the Egyptian and Israeli armies, the temptation was too great for the Israelis to resist. After a final push in the Sinai expelled the Egyptians, Meir gave the order to cross the Canal. Israel's refusal to stop fighting after a United Nations cease-fire was in place on October 22 nearly involved the Soviet Union in the military confrontation. The National Security Archive .The October War and U.S. Policy.
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Arab–Israeli peace diplomacy and treaties

Faisal–Weizmann Agreement The Faisal–Weizmann Agreement was a 3 January 1919 agreement between Emir Faisal, the third son of Hussein ibn Ali al-Hashimi, King of the short-lived Kingdom of Hejaz, and Chaim Weizmann, a Zionist leader who had negotiated the 1917 Balfour ...

(1919) *

Paris Peace Conference, 1919 Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), ma ...

1949 Armistice Agreements The 1949 Armistice Agreements were signed between Israel and Egypt,Camp David Accords (1978) The Camp David Accords were a pair of political agreements signed by Egyptian President Anwar Sadat and Israeli Prime Minister Menachem Begin on 17 September 1978, following twelve days of secret negotiations at Camp David, the country retreat ...

Egypt–Israel peace treaty The Egypt–Israel peace treaty ( ar, معاهدة السلام المصرية الإسرائيلية, Mu`āhadat as-Salām al-Misrīyah al-'Isrā'īlīyah; he, הסכם השלום בין ישראל למצרים, ''Heskem HaShalom Bein Yisrael ...

(1979) *

Madrid Conference of 1991 The Madrid Conference of 1991 was a peace conference, held from 30 October to 1 November 1991 in Madrid, hosted by Spain and co-sponsored by the United States and the Soviet Union. It was an attempt by the international community to revive the ...

* Oslo Accords (1993) *

Israel–Jordan peace treaty The Israel–Jordan peace treaty (formally the "Treaty of Peace Between the State of Israel and the Hashemite Kingdom of Jordan"), he, הסכם השלום בין ישראל לירדן; transliterated: ''Heskem Ha-Shalom beyn Yisra'el Le-Yarden'' ...

(1994) *

Camp David 2000 Summit The 2000 Camp David Summit was a summit meeting at Camp David between United States president Bill Clinton, Israeli prime minister Ehud Barak and Palestinian Authority chairman Yasser Arafat. The summit took place between 11 and 25 July 2000 and ...

* Israeli–Palestinian peace process *

Projects working for peace among Israelis and Arabs A project is any undertaking, carried out individually or collaboratively and possibly involving research or design, that is carefully planned to achieve a particular goal. An alternative view sees a project managerially as a sequence of even ...

* List of Middle East peace proposals *

International law and the Arab–Israeli conflict The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, history of the Arab–Israeli conflict, resulting in several disputes between a ...

References

External links