UN Security Council: Resolution 338 (October 22, 1973)
The Security Council
1. Calls upon all parties to the present fighting to cease all firing and terminate all military activity immediately, no later than twelve hours after the moment of the adoption of this decision, in the positions they now occupy;
2. Calls upon the parties concerned to start immediately after the ceasefire the implementation of Security Council Resolution 242 (1967), in all of its parts;
3. Decides that immediately and concurrently with the cease-fire, negotiations start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East.
Israeli Prime Minister Golda Meir: Statement in the Knesset (October 23, 1973)
Members of the Knesset:
On 22 October the Government of Israel unanimously decided to respond to the approach of the U.S. Government and President Nixon and announce its readiness to agree to a cease-fire according to the resolution of the Security Council following the joint American-Soviet proposal.
According to this proposal, the military forces will remain in the positions they hold at the time when the cease-fire goes into effect.
The implementation of the cease-fire is conditional on reciprocity. Our decision has been brought to the notice of the Foreign Affairs and Security committee, and now to the notice of the Knesset.
As regards the second paragraph of the Security Council resolution, the Government decided to instruct Israel's representative at the United Nations to include in his address to the Security Council a passage clarifying that our agreement to this paragraph is given in the sense in which it was defined by Israel when it decided in August 1970 to respond positively to the United States Government's initiative for a cease-fire, as stated in the United Nations on 4 August, 1970, and by the Prime Minister in the Knesset on the same day. This was also made clear to the U.S. Government. Israel's acceptance of a cease-fire with Egypt is conditional upon Egypt's agreement, but is not conditional upon Syria's agreement to a cease-fire, and vice-versa.
The Government also decided to clarify with the U.S. Government a series of paragraphs intimately connected with the content of the Security Council resolution and the procedure required by it. It is our intention to clarify and ensure,
inter alia
, that:
The cease-fire shall be binding upon all the regular forces stationed in the territory of a State accepting the cease-fire including the forces of foreign States, such as the armies of Iraq and Jordan in Syria and also forces sent by other Arab States which took part in the hostilities.
The cease-fire shall also be binding upon irregular forces acting against Israel from the area of the States accepting the cease-fire.
The cease-fire shall assure the prevention of a blockade or interference with free navigation, including oil tankers in the Bab-el-Mandeb straits on their way to Eilat.
It shall ensure that the interpretation of the term referring to “negotiations between the parties” is direct negotiationsâand, naturally, it must be assured that the procedures, the drawing up of maps and the subject of cease-fire supervision shall be determined by agreement.
A subject of great importance, one dear to our hearts, is the release of prisoners. The Government of Israel has decided to demand an immediate exchange of prisoners. We have discussed this with the Government of the United States, which was one of the initiators of the cease-fire.
I spoke about this with the Secretary of State, Dr. Kissinger. We will insist on an immediate exchange of prisoners. When Dr. Kissinger's plane arrived at Andrews Air Base, the State Department spokesman, Mr. McCloskey, made the following statement to newsmen:
“We believe one of the early priorities should be a release of prisoners on both sides, and we and the Soviet Union have pledged our efforts to obtain assurances that this will be done as a priority matter.”
I stress again that this subject is one of the principal tests of the ceasefire, and that there will be no relaxation of our demand that the obligations undertaken by the initiators of the cease-fire be indeed carried out.
I will say several things about our military situation on the Syrian and Egyptian fronts before the cease-fire:
On the Syrian Front
The lines we are holding today on the Syrian front are better than those we held on the 6th of October.
Not only do we now hold all the territory which was under our control before, but our situation has been considerably improved by the holding of positions on the Hermon ridge and also on the front line in the east, which has shifted the previous cease-fire line to a better line supported by a strong flank in the north, on the Hermon ridge.
On the Egyptian Front
The Egyptians did indeed gain a military achievement in crossing the Canal, but in a daring counter-offensive by the Israel Defense Forces, our forces succeeded in regaining control of part of the Eastern Canal line, and to gain control of a large area west of the Canal, an area which opens before us both defensive and offensive possibilities:
a. This deployment deprives the Egyptian army of its capacity to constitute an offensive threat in the direction of Sinai and Israel, and also prevents them from being able to attack essential installations or areas in our territory.
b. The forces of the I.D.F. west of the Suez Canal constitute a strong military base for the development of operations initiated by us if required.
In connection with the cease-fire issue, the U.S. Secretary of State, Dr. Henry Kissinger, and his aides called here on their way from Moscow to Washington. The visit was an appropriate opportunity for a thoroughgoing discussion of questions arising from the cease-fire, as well as for an exchange of views, in a friendly spirit, on what was about to happen and what was called for as a result of Israel's response to the U.S. Government's request for agreement to a cease-fire. During this visit, we continued and strengthened the contacts which preceded the Security Council resolution.
In all our contacts with the United States, I learnt that not only does the U.S. have no plan for the borders and other components of peace, but that it is its view that those who offer their “good services” should see to it that the parties themselvesâand they aloneâshould make proposals, plans, for the future.
Furthermore, I must emphasize that, in accordance with authoritative information to hand, the Moscow talks contained nothing more than is contained in the Security Council resolution. I have to inform you that the Syrian Government has so far not responded to the cease-fire resolution. The fighting on that front continues, and the I.D.F. will operate there in accordance with its plans.
As for the Egyptian frontâfiring against our forces has not yet ceased, and the I.D.F. is obliged to operate as required as long as the firing continues.
At this stage, I will state only that we are examining the conduct of the Egyptians with close military and political attention. Should Egypt persist in belligerent activity, we shall deem ourselves free to take any action and move called for by the situation.
I shall not go into elaborate evaluations of the political activity which preceded the cease-fire. In any event, it was not we who made approaches concerning a cease-fire. As far as the situation on the fronts was concerned, there was no reason for such an approach on our part. It was not we who initiated the timing and clauses of the Security Council's resolution. On the fronts, our forces were not in an inferior battle position. As aforesaid, we deemed it right to respond to the call of the United States and its President, since:
a. The State of Israel, by its nature, has no wish for war, does not desire loss of life. All Governments of Israel have been convinced that war would not promote peace.
b. The cease-fire proposal has come when our position is firm on both fronts, when the achievements we hold are of great value and justify agreement to a cease-fire, despite the enemy's achievement east of the Suez Canal.
c. We responded to the call by the United States and its President out of appreciation and esteem for its positive policy in the Middle East at this time.
Great importance attaches to our response insofar as concerns the continued strengthening of Israel, with particular reference to the continued military and political aid in the war that has been forced upon us. . . .
The Egyptian rulers' attitude to war and to loss of life is different from ours. On record is the statement by the Egyptian President concerning his readiness to sacrifice millions of his people. On 16 October, after the I.D.F. had succeeded in establishing a bridgehead west of the Canal, the Egyptian President delivered a boastful address, mocked at a cease-fire and said
interalia:
“We are prepared to agree to a cease-fire on the basis of withdrawal of the Israeli forces from all the occupied territories forthwithâunder international supervisionâto the pre 5 June 1967 lines.” Only a few days passed and Egypt agreed to a cease-fire. Not one of the conditions raised by Sadat in his speech was included in the Security Council resolution.
Paragraph 3 of the Security Council resolution says:
The Security Council decides that immediately and concurrently with the cease-fire, negotiations start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East.
According to the agreed version of representatives of the U.S.A., the meaning of negotiations between the parties is direct negotiations between Israel and her neighbors on the subject of a just and enduring peace. No such explicit statement was included in Resolution 242 of the Security Council. Moreover, the present resolution also specifies the timing of the beginning of these negotiationsâimmediately and concurrently with the cease-fire. And there is no need to stress that we attribute great importance to paragraph 3 of the Security Council resolution, if our neighbors will indeed carry it out. . . .
On various occasions the Government of Israel has officially defined its attitude towards Security Council Resolution 242. These statements were made from international platforms and at diplomatic meetings, and we have brought them to the knowledge of the Knesset, its Defense and Foreign Affairs Committee and the public at large.
At this time I shall refer to one statement made on 4 August, 1970, to the U.S. Government, to the United Nations and to the Knesset. This statement too, is connected with a cease-fire, and I shall not tire the Knesset by quoting it in full. However, I consider it necessary to quote from my statement in the Knesset on 5 August. This statement was made on the eve of possible talks with the Arab States, and it is still completely valid.
Israel has publicly declared that, by virtue of her right to secure borders, defensible borders, she will not return to the frontiers of 4 June 1967, which make the country a temptation to aggression and which, on various fronts, give decisive advantages to an aggressor. Our position was and still remains that, in the absence of peace, we will continue to maintain the situation as determined at the cease-fire. The cease-fire lines can be replaced only by secure, recognized and agreed boundaries demarcated in a peace treaty.
In accepting the American Government's peace initiative, Israel was not asked to, and did not, undertake any territorial commitments. On the contrary, the Government of Israel received support for its position that not a single Israeli soldier will be withdrawn from the cease-fire lines until a binding contractual peace agreement is reached.
This terrible war that was forced upon us reinforces our awareness of the vital need for defensible borders, for which we shall struggle with all our vigor.
It is worth noting that, since the outbreak of the war on Yom Kippur, the terrorists have also resumed activities from Lebanese territory. Up to this morning, during this period of 17 days, 116 acts of aggression have been perpetrated, 44 civilian settlements on the northern border have been attacked and shelled, and some 20 civilians and 6 soldiers were killed or wounded in these actions. Our people living in the border settlements may be confident that Israel's Defense Forces are fully alert to this situation. Despite the defensive dispositions operative on this front, it has been proved once again that defensive action alone is not sufficient to put an end to acts of terror.
The war in which we are engaged began with a concerted attack on two fronts. The aggressive initiative afforded our enemies preliminary achievementsâbut, thanks to the spirit and strength of Israel's Defense Army, which is backed by the entire nation, this attack was broken. The aggressors were thrown back. Considerable portions of their forces were destroyed, and the I.D.F. broke through and crossed the cease-fire lines. From holding battles our forces went over to the offensive and gained brilliant achievements.
On both fronts our forces are now holding strong positions beyond the cease-fire lines, unbroken in spirit. The people is united in support of our army.
Israel wants a cease-fire. Israel will observe the cease-fire on a reciprocal basis, and only on that basis. With all her heart Israel wants peace negotiation to start immediately and concurrently with the cease-fire. Israel is capable of evincing the inner strength necessary for the promotion of an honorable peace within secure borders.
We shall be happy if such readiness is also shown by the people and Government of Egypt. However, if the rulers of Egypt propose to renew the war, they shall find Israel prepared, armed and steadfast in spirit. . . .
Egyptian President Anwar Sadat: Speech (April 3, 1974)
. . . You recall that in 1971, I announced that this year must be the year of decision. You also recall that during the same year, 1971, only a few months had passed since I assumed my office. I made an initiative on 4th February 1971 after the termination of the second cease-fire, which was due to be ended on 5th February 1971, for the sake of peace.