A Palestinian state – just do it

Gershon Baskin is an Israeli Green and co-CEO of the Israel/Palestine Center for Research and Information. He has an idea for Palestinian liberation based on a mixture international law and direct action:

“ACCORDING TO INTERNATIONAL law, the recognition of a new state is an act that only states and governments may grant or withhold. The UN does not have authority to recognize a state. It may, however; admit a new state to its membership. Paragraph 1 of Article 4 of the UN Charter states that it “is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the organization, are able and willing to carry out these obligations.”

Palestine holds observer status in the UN, but it could become a full member in the following way: President Mahmoud Abbas would submit an application to the secretary-general and a formal declaration stating that it accepts the obligations under the UN Charter. The application would be considered first by the Security Council. On May 11, 2009 the Security Council already issued the following statement: “The council reiterates its call for renewed and urgent efforts by the parties and the international community to achieve a comprehensive, just and lasting peace in the Middle East, based on the vision of a region where two democratic states, Israel and Palestine, live side by side in peace within secure and recognized borders.”

Any recommendation from the Security Council must receive the affirmative votes of nine of the 15 members of the council, provided that none of its five permanent members has voted against the application. If the Security Council recommends admission, the recommendation is then presented to the General Assembly. A two-thirds majority vote is necessary for admission of a new state, and membership becomes effective on the date the resolution for admission is adopted.

WHEN THE UN accepts the membership of the state of Palestine, Israel’s occupation of the territories becomes the occupation of a sovereign state which is a member in the UN by another member state. At that point, Israel would be acting in direct violation to the UN Charter and the Security Council would be morally and legally justified to enact Chapter 7 of the charter, enabling the deployment of an international peacekeeping force to Palestine.”

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