Roundtable entitled “The UN Bid: Political and Legal Perspectives”

Date: Thursday October 6th, 2011

Place: Ibrahim Abu Lughod Institute of International Studies, room 316

Time:12:30-2:00

The Ibrahim Abu-Lughod Institute of International Studies hosted both Dr. Othman Abu Gharbia, (FatahCentral Committee Member) and Yasser Al-Amori( Professor of International Law, Birzeit University), for a roundtable discussion concerning the political and legal perspectives on the UN bid. Abu- Ghabia illustrated the strategies the Palestinian Authority relied on in its attempt to establish a sovereign state. These strategies include: patterns of resistance, enabling the appeal to an international community, going to the UN and other international organizations, reevaluating relations with Arab countries and stimulating that relationship based on new foundations.  He also stressed that the option of going to the UN was a direct result of the failure of the negotiations with Israel. In addition he noted the Quartet’s failure in pressuring Israel to recognize a Palestinian state. Dr. Ghabia emphasized on the importance of the timing of the UN bid, where the decision to make the bid in September came as a result of Obama’s recent speech concerning his desire to establish a Palestinian state.

 Moreover, Mr. Ghariba indicated that heading to the UN was in order to empower the Palestinian position in its negotiations with Israel. He also stated that going to the Security Council, not to the General Assembly, was an outcome of our aspiration to gain full membership in the UN rather than the position of a non-member state. This bid is in need of gaining 9 out of 15 votes at the Security Council, however it is critical that the five Permanent members of the Council do not veto this resolution. He also talked about the US threat in using its veto thus preventing the passing of this resolution. If the application is refused, there is the option of heading to the General Assembly so as to gain recognition as a  non member state. 

Dr. Al- Amori discussed the legal outcomes of the UN bid by remarking that going to the UN can be perceived as an effective weapon if used properly. It is important to reopen the Palestinian case, especially since Israel has succeeded in keeping the Palestinian case outside of the international community agenda. He also discussed the substantive and procedural requirements needed in order to gain membership in United Nations. He indicated that the Palestinian problem lies in the procedural elements which require the approval of the Security Council and this brings us back to the triangle of the five Permanent members. On the other hand substantive requirements can be overcome. Moreover Dr. Al-Amori stated that if the Security Council vetoes Palestinian membership, this will lead to the consideration and study  of other options such as, the possibility of resorting to the “Uniting for Peace” Resolution. Another option is obtaining endorsement as a non- member state at the General Assembly, which is in a sense an implicit recognition of the Palestinian state. Then we can gain membership in international organizations which requires that members are states, and thus we could  expand the possibility of prosecuting Israel. He also referred to the expected caveats if the position of a non-member state is obtained, and this raises questions to the legal status of the PLO. According to international law, the PLO is the legitimate representative of the Palestinian people, which has the legal right to demand the right of self determination. He also mentioned the imperative  need for being legally precise while considering alternative options.

 In addition, Dr. Al-Amori shed light on the need to not designate the requested state on the basis of the 242 resolution which deals with the consequences of the 1967 war, but rather on the 181 partition resolution which covers the roots of the Palestinian case.  He then claimed that the establishment of a Palestinian state does not collide with the stable Palestinian rights, such as the right of return. Dr. Al-Amory ended his discussion by noting that the Palestinian bid to the United Nations should not lead to the underestimation of previous UN resolutions regarding the Palestinian case.