web analytics
July 23, 2014 / 25 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Blogs
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Home » Blogs » HADAR »

The Non-Member Observer ‘State’ of Palestine

The entire concept of non-member observers has no bearing on international law.

Puppet Master

If you would peruse the U.N. Charter to discover what right and benefits are due to a non-member observer at the United Nations, you wouldn’t find anything.

According to the United Nations’ website,

“The status of a Permanent Observer is based purely on practice, and there are no provisions for it in the United Nations Charter. The practice dates from 1946, when the Secretary-General accepted the designation of the Swiss Government as a Permanent Observer to the United Nations.”

Current Non-member observers at the U.N. include the Holy See (the Vatican) which is labeled by the U.N. as a state and “Palestine,” as an entity. The Palestine Observer Mission is run by the Palestinian Liberation Organization. International Governmental Organizations (NGOs) with non-member observer status include the European Union, the Arab League and many many other organizations.

History of the PLO/Palestine Observer Mission at the U.N.

The PLO was granted observer status by the General Assembly in November 1974.

On November 15, 1988, the PLO/the Palestine National Council proclaimed the existence of a Palestinian state in what became known as the “Algiers Declaration.” (See Daniel Pipes’ article on how the Palestinian Declaration clearly mimics the Declaration of the Establishment of the State of Israel).

In December 9, 1988, the General Assembly gave the PLO the right to have its communications “circulated directly, and without intermediary, as official documents of . . . conferences” which were “convened under the auspices of the General Assembly.”

A few days later, on December 15, 1988, the General Assembly “acknowledge[d] the proclamation of the State of Palestine by the Palestine National Council,” “Affirm[ed] the need to enable the Palestinian people to exercise their sovereignty over their territory occupied since 1967,” and ordered that the the PLO observer mission should be renamed the “Palestine” observer mission.

In July 1998, the General Assembly granted “Palestine”  the right to participate in its meetings, but not the right to vote, elect or be elected to any positions in the General Assembly.

Last year, Mahmoud Abbas submitted a request to be admitted as a member-state to the U.N. If that resolution had passed, it would not have meant that a state of Palestine existed anymore than it had before, but practically it would given the General Assembly, the international community, and other international organizations a pretext to treat it as a state.

Admission as a member of the U.N., however, required not only a 2/3rds vote of the General Assembly but also the assent of the Security Council, which would require a positive vote by all permanent members of the Security Council including the United States, which threatened to veto (or simply not vote in favor of) the resolution.

Because of U.S. opposition, the resolution was not brought up for a vote and the “diplomatic tsunami” which Ehud Barak predicted would engulf Israel and which the Israeli media practically prayed for simply did not materialize.

The Palestinians’ Current Request

The current resolution will reportedly change Palestine’s observer status as an non-member “entity” to a non-member “state” like the Holy See. Practically, this may mean that whatever special privileges the General Assembly has confer on the Holy See by virtue of the fact that it considers it a “state,” it can also confer on “Palestine.” But these would not include the rights of membership described in the U.N. Charter.

Remember, the entire concept of non-member observers has no bearing on international law. The resolution should just be seen as another attempt by the Palestinians to create more General Assembly resolutions which pressure Israel and bolster the self-fulfilling prophecy of artificial statehood.

About the Author: Daniel Tauber is a frequent contributor to various prominent publications, including the Jewish Press, Arutz Sheva, Americanthinker.com, the Jerusalem Post and Ha’aretz. Daniel is also an attorney admitted to practice law in Israel and New York and received his J.D. from Fordham University School of Law. You can follow him on facebook and twitter.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

Please use the Facebook Tab below to leave your comment:

One Response to “The Non-Member Observer ‘State’ of Palestine”

  1. Anonymous says:

    suppose you got it a bit wrong in your propaganda view: palestine is acknowledged as a state and was officialy acknowledged officialy by a couple of 100 states. it gives them one very big right: to sue israel for war crimes, to get back what belongs to them and never belonged to israel. a construct invented by america.

Comments are closed.

SocialTwist Tell-a-Friend

Loading Facebook Comments ...
Loading Disqus Comments ...
hadar-jp-logo copy
Current Top Story
Wounded Golani commander returns to his troops on July 22, 2014.
Golani Commander Proves Why the Unit is Known for Bravery
Latest Blogs Stories
Carmeli

IDF volunteers come to Israel just to serve are the true idealists; Sean Carmeli was one of them.


And he whispers one last time, I love you mother.

Shiloh, Israel

It’s absurd, in this war places like Ariel and Shiloh are among the safest in the State of Israel.

Gedalia

Why aren’t American Jews coming s to Israel for the summer; Are they scared because of the war?

If you are lloking to buy socks, this store is NOT where to go! B”H

Ruthie Blum reveals just how hard it is for a Jewish mother to be a patriot at the time of war. Maternal cognitive dissonance On Thursday night, after 10 days of aerial warfare between Hamas terrorists and Israel, Prime Minister Benjamin Netanyahu approved a ground incursion into Gaza. It was a move that much of […]

JoeSettler takes on the IDF Spokesperson’s tweets that he believes are morally wrong and negatively affect the war we are fighting…

The 7 Decisions that changed author Andy Andrews’ life and how they can guide you towards success.

Not asking the world for the right to defend ourselves; such a right is obvious to anyone with a spine.

Where has all the billions of Euros and dollars that have been poured into Gaza over the years gone?

One wishes the PA would distance itself completely from Hamas now for the sake of peace and development in the region.

Israel will never be the underdog, so no defense will be legitimized.

In a war, people die; all Israelis should know that by now.

“We thought they wanted a state; it turns out that all they want is to destroy Israel”

It’s called Operation Protective Edge and is a double-edged sword.

More Articles from Daniel Tauber
JStreet crowd

Congratulations, JStreet, you won before you even started! Perhaps you can save your breath, energy and George Soros’ and god knows who else’s money and go home.

drunk UN

A US diplomat proposed that UN negotiating rooms be ‘inebriation-free zones.’

In the version of events provided by Argo, it wasn’t radical Islamists who stormed the U.S. embassy in Tehran, but the Iranian people as a whole.

Not exactly what Jewish Home voters thought they would get on election day.

The institution of party primaries in Israel needs to be expanded not shrunk, so that the government will be under the supervision of the people from which it derives power and the moral authority to govern.

Ayalon’s new position on the Palestinian statehood doesn’t quite match his prior criticism of the Palestinian’s bid for statehood at the UN.

East Jerusalem has become code for: where Jews shouldn’t be.

Israeli willingness to do whatever it takes to prevent weapons of mass destruction from falling into the wrong hands may be the only thing preventing civil wars or heated rhetoric from becoming mass atrocities.

    Latest Poll

    Israel's Iron Dome Anti-Missile System:





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/blogs/hadar/the-non-member-observer-state-of-palestine/2012/11/29/

Scan this QR code to visit this page online: