web analytics
December 25, 2014 / 3 Tevet, 5775
 
At a Glance
InDepth
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



The UNESCO Fiasco


With surprising swiftness, almost immediately after UNESCO granted full membership to the Palestinian Authority on Monday, the United States announced it was cutting off all funding to the UN’s major cultural agency.

State Department spokeswoman Victoria Nuland said the vote triggered a longstanding congressional restriction on funding to UN bodies that recognize Palestine as a state before an Israeli-Palestinian peace deal is negotiated. While the legal requirements are significant, it would be a mistake to focus on the imperatives of the various laws rather than the political context and overall need for political solutions. There will not always be legal requirements to drive the decisions that have to be made in America’s interests.

The Palestinians have turned to the UN and some of its agencies in an attempted end-run around negotiations with Israel by securing approval of statehood. The U.S. and several Western countries strenuously oppose the Palestinian gambit, arguing that peace can only come from a negotiated settlement from which a Palestinian state would emerge.

But despite the fact that the rules objectively applied would deter the Palestinians’ various applications, they have a pocket majority of Third World countries willing to do their bidding in confronting the United States and Israel.

Aside from following the mandates of American law, it is critical that the U.S. put teeth into its opposition to the Palestinians at the UN as a political matter even when the law is not all that clear. This is not only a matter of Israel’s national interest but also of America’s standing in the world.

Public Law 103-236, Title IV, bars U.S. contributions to “any affiliated organization of the United Nations which grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood.”

It was to this law that Ms. Nuland was referring in her announcement of the funding cutoff. It would seem to be a compelling point. But there is also the matter of the pending Palestinian application for recognition by the UN Security Council. President Obama has announced he will invoke U.S. veto power to defeat the effort.

The PA, however, has said if it fails in its Security Council effort it will seek recognition in the General Assembly, where the U.S. has no veto power. Indeed, the same configuration of votes that emerged at UNESCO will obtain at the General Assembly.

At that point, another law would seem to come into play. Public Law 101-246, Title IV provides: “No funds authorized to be appropriated by this act or any other act shall be available for the United Nations or any specialized agency thereof which accords the Palestine Liberation Organization the same standing as member states.”

Is General Assembly action regarding Palestinian statehood “UN action?” According to the UN Charter, it is the Security Council, not the General Assembly, that accords recognition and membership status. Only a convoluted and purely subjective application of the Charter would permit General Assembly action on Palestinian statehood.

And then there is the issue of America’s treaty obligations to the UN. The U.S. contributions to UNESCO are largely voluntary, so the U.S. is not bound by treaty to provide the suspended funds to UNESCO. On the other hand, it could be argued that U.S. contributions to the UN is governed by treaty and cannot be limited by American law.

These are things that will doubtless occupy lawyers should the PA effort proceed. But as noted, the more important concern is how the U.S. should proceed politically in the face of this challenge to its place in the world. The Palestinians and their supporters in UNESCO knew exactly the gauntlet they were throwing down in America’s direction.

About the Author:


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.

No Responses to “The UNESCO Fiasco”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
King Abdullah II
Intel: Abdullah — the Last Hashemite King of Jordan
Latest Indepth Stories
President Ronald Reagan

The West needs to ensure Russia understands that aggression comes at a significant cost.

Lebovic-122614

What benefit is a learning experience that leaves kids confused,disillusioned&harms self confidence?

The New York Police Department has announced increased coverage of NYC synagogues.

Girlfriend and double cop-killer Ismaaiyl Brinsley apparently was influenced by Islamic extremism.

Arieh King

We see pictures of mosques, monuments for terrorists, illegal schools, and hundreds of apartments being built on Jewish land without repercussions. We are losing Jewish property, so it is up to us to protect it.

Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.

Also left unsaid was the fact that the menorah and its oil were in the Beit HaMikdash, which of course was located on Har HaBayit – the Temple Mount that present-day Muslims claim as their own.

Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.

A revolution is taking place between good and evil; light and darkness. Make the light activism!

Obama’s comments calling Israeli settlements “unhelpful”are harsher than prior US administrations’

He ruthlessly crushed the revolt, and, despite lacking official Roman sanction, ordered the rebel leaders put to death without trial.

Hamas recently stated publicly that a new explosion of violence against Israel is imminent.

We can never allow Israel in the name of democracy to turn herself into an Arab or bi-nationalstate

The Jordanian public is a fertile ground of anger that could be easily exploited by ISIS.

How can “Fame” help bring Moshiach?

More Articles from Editorial Board

Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.

Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.

It seems to us that while the Jewish entitlement to the land of Israel transcends the Holocaust, the Jewish experience during that tragic time is the most solid of foundations for these “national rights.”

Too many self-styled civil rights activists seemed determined to force, by their relentless pressure, an indictment regardless of what an investigation might turn up.

Last year the Obama administration sought to minimize civilian deaths from drone strikes by generally requiring that missile attacks be limited to instances where Americans were directly threatened and there was a “near certainty” that no civilians would be killed.

If anything, Operation Protective Edge showed that Israel will not pull punches when it comes to combating terror.

Toward the end of Operation Protective Edge this past summer, the president was unusually vocal about Israel’s so-called disproportionate use of force and alleged lack of compliance with international humanitarian law.

There was no accompanying caption, but the cartoon could not help but feed the anti-Semitic canard that Israel was responsible for 9/11.

Printed from: http://www.jewishpress.com/indepth/editorial/the-unesco-fiasco/2011/11/02/

Scan this QR code to visit this page online: