الدولة الفلسطينية كاملة العضوية في الأمم المتحدة (التحديات والآفاق)
Date
2019-12-30
Authors
محمد محمد عبد الرحمن صبّاح
Mohammed Sabbah
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The aim of this study is to shed light on the state of Palestine as full membership state
at the UN: Challenges and opportunities.
The study illustrates that the enjoyment of Palestine the status of non-member observer state
provided it with further opportunities to stand against Israel in the UN venues, and partly
embodied a recognition of the Palestinian sovereignty over the occupied Palestine territory. It
also paved the way for the state of Palestine to seek a full membership at the UN.
The study is divided into three chapters. The first chapter illustrates the key problem and
questions the study tries to address and answer, as well as the study’s value, and
objectives. The second chapter traces the legal developments of the status of Palestine in
the UN since 1974 until 2012. In this regard, it discusses the legal status of Palestine
starting from the Ottoman empire era, passing by the British Mandate era, including under
the partition resolution of 1947, in the post Al Nakba era, and ending with the post Oslo
accords era, including the efforts made by state of Palestine to obtain a full membership at
the UN. The third chapter highlights the upgrading of the status of Palestine as a member
state at the UN. Within this context, the chapter discusses the requirements set by the UN
Charter for any state to obtain a full membership at the UN, and challenges faced by the
state of Palestine to obtain such membership. The chapter also illustrates the legal and
political benefits of obtaining with full membership at the UN.
The researcher used several methodologies and theories to identifies the problem. One of
these methodologies is the descriptive research methodology, which identifies the key
attributes,nature, and root causes of the problem. In doing so, the study analyses all the
relevant data and documents by Palestinian Ministry of foreign affairs. The study also
adopts the “historical methodology”,by analyzing the root causes of certain relevant
historical events. It also uses the “legal methodology” by analyzing the relevant legal
documents and resolutions, particularly resolutions in relation to the Palestinian cause.
The study drew several conclusions, including:
1- The British mandate blocked the state building process in Palestine, and deprived
Palestinians from their right to self determination
2- The emergence of the USA as one of the greatest powers in the international political
order after the second world war had have negative impact on the prospects for
Palestinians to realize their national rights، particularly on the light of its firm support
to Zionist movement in the international venues.
3- In its endeavor to obtain full membership for the state of Palestine, the Palestinian
leadership has faced several internal and external challenges that negatively impacted
this endeavor.
The study recommends the following
1- Create Palestinian-Arab lobby to apply pressure on international community to
implement the UN charter, including the clauses providing for right of the occupied
states, including the state of Palestine, to self-determination.
2- The state of Palestine should access and join international treaties and bodies, like
Rome Status, and International Court of Justice, to stand against the Israeli
undermining of Palestinian national rights.
The state of Palestine should build networks with the leading powers and states, including
by having diplomatic and political ties with them.