UPDATED: Video of U.N. Security Council meeting Thursday when the U.S. vetoed full U.N. membership for Palestine as the Russian delegation walked out in protest before Israel’s speech. Joe Lauria reports.
Updated with information on the definition of a state.
By Joe Lauria
Special to Consortium News
The United States on Thursday vetoed a U.N. Security Council resolution granting Palestine full membership in the United Nations. Palestinian statehood was recognized by the U.N. General Assembly in November 2012 when it was given non-member, Observer State status.
Western media has incorrectly reported Thursday’s vote as one to determine Palestinian statehood. The resolution, sponsored by Algeria, was instead to grant full U.N. membership, with voting rights in the General Assembly, to Palestine, which is already recognized by 139 countries.
The United Nations therefore already recognizes Palestine as a state, as seen in the nameplate before Palestine’s U.N. Ambassador Riyad Mansour.
Definition of a State
Only states can recognize other states bilaterally. The U.N. can only confer membership or non-member observer state status to already existing states. The U.N. Charter is clear. Article 4 says that only existing states may apply for U.N. membership. The very act of the U.N. secretary general in 2011 accepting a Palestinian membership application was an acknowledgement from the U.N. that Palestine is already a state.
The definition of a state is contained in Article 1 of the 1933 Montevideo Convention, according to which Palestine is indeed a state: The Convention’s requirements for statehood are: “a) a permanent population, (b) a defined territory, (c) government and (d) capacity to enter into relations with the other states.”
Palestine has all four. Since 1967 its defined territory has been Gaza and the West Bank. Francis Boyle, a professor of international law at the University of Illinois, told Consortium News that the Montevideo Convention “still has standing under customary international law.”
[See: Why Palestine Is Already a State(CN, 2012)]
Ambassador Riyad Mansour of the State of Palestine addressing the U.N. Security Council on Thursday. (U.N. Photo from U.N. TV)
US Defiance
The U.S. defied 12 council members who voted for full membership by vetoing the resolution.
“It remains the U.S. view that the most expeditious path toward statehood for the Palestinian people is through direct negotiations between Israel and the Palestinian Authority with the support of the United States and other partners,” said Robert Wood, the U.S. deputy ambassador. “We also have long been clear that premature actions here in New York, even with the best intentions, will not achieve statehood for the Palestinian people.”
Britain and Switzerland abstained. France was the only one of the three Western powers on the council to vote in favor of membership. Switzerland had had Observer Status, the same as Palestine now enjoys, before it became a full member in 2002.
The resolution would have formally recommended to the General Assembly to admit Palestine, which would have become the 194th U.N. member state.
“It is time for Palestine to take its rightful place among the community of nations,” said Algerian Ambassador Amar Bendjama as he introduced the resolution. “Peace will come from Palestine’s inclusion, not from its exclusion.”
The United States was also one of only nine countries in 2012 to vote against Palestine’s Observer State status, which received 138 votes in favor with 41 abstentions. That vote allowed Palestine to join various U.N. bodies and agencies, including the International Criminal Court, where Palestine has brought a case against Israel.
Russia Walks Out
Russia, which voted with the majority on Thursday for full membership, walked out of the meeting just before Israeli U.N. Ambassador Gilad Erdan was about to begin speaking.
“This won’t be a regular state. It will be a Palestine-Nazi state, an entity that achieved statehood despite being committed to terror and Israel’s annihilation,” Erdan then said, as his country continues to commit genocide in Gaza.
? RUSSIA EXITED UN MEETING AFTER U.S. VETO ON PALESTINE
Russia's UN delegation walked out during a session following a U.S. veto that prevented Palestine from achieving full UN membership.
Source: UN https://t.co/4vauf7kdid pic.twitter.com/i9xNVRqMww
— Mario Nawfal (@MarioNawfal) April 19, 2024
Joe Lauria is editor-in-chief of Consortium News and a former U.N. correspondent for The Wall Street Journal, Boston Globe, and other newspapers, including The Montreal Gazette, the London Daily Mail and The Star of Johannesburg. He was an investigative reporter for the Sunday Times of London, a financial reporter for Bloomberg News and began his professional work as a 19-year old stringer for The New York Times. He is the author of two books, A Political Odyssey, with Sen. Mike Gravel, foreword by Daniel Ellsberg; and How I Lost By Hillary Clinton, foreword by Julian Assange. He can be reached at [email protected] and followed on Twitter @unjoe
Thank You Joe
Here we talk about US and UK, but what about Switzerland? her decision to abstain due to the fact that it is not “the right moment” the first “peace must come”. It is outrageous that such small rich country, which has one of the headquarter of UN, which is about to host a peace talk (without Russia) has denied the very right to the Palestinians, which would give them more power, more chances to reach the objectives that Swiss representative mentioned: peaceful resolution and ceasefire.
I think the Swiss are even worse than the US, as they play a crucial role in financing the war (sorry, I meant genocide) Israel is conducting and goes unnoticed.
history of Switzerland tells us that in its DNA self-interest dominates its cultural traits, but there even a more scary trait of such culture, the formidable ability to imitate human qualities, while dehumanizing the poor and the weak, the ones that cannot make Switzerland richer hence guarantee its relevance in the world stage, through money.
If we want to stop war we must attack even Switzerland, its role in coordinating the western war effort is crucial. We must destroy the myth to bring reality back, and one of those powerful myth is a humanitarian Swiss government. Lets give this power to other countries, Bhutan, Nepal, Cuba, etc. poor countries that can benefit from it and might genuinely contribute to human rights. What is the point of having a rich country like Switzerland that does not know what poverty is, that despise poor people. let’s make thing right; lets strip the west from international prestige.
Thanks to Consortium News for airing this event of the security council vote .At some time during the statement of the representative for Palestine ,I watched Madame President wipe a tear as she listened to the passionate discourse . I almost did the same .I could not stand to listen to the Israeli statement so that is where I ended my view.
Germany is still supplying aggression, last I checked. German munitions-fabs have been relying on crucial materials from China. China supplies Russia as well. It will be interesting to see how this goes. If Iran ruins run-ways in aggression-land, I have read that would mean pilots would have to land far away? There was a pilots’ mutiny in 2014 if memory is serving me concerning the date? I recall hearing about it on the radio in my car, back when I had a car.
““It remains the U.S. view that the most expeditious path toward statehood for the Palestinian people is through direct negotiations between Israel and the Palestinian Authority with the support of the United States and other partners,”” – obviously a blinkenism.
So where the hell were the negotiations with the Palestinian people ion 1948 when the UN, with the full support of the US, declared Israel a state?
How democratic is this voting process at the UN when an overwhelming majority votes in favour but one vote not in favour causes the motion to be defeated? What a sham!
Agree.
Per Mr. Lauria: “Palestinian statehood was recognized by the U.N. General Assembly in November 2012 when it was given non-member, Observer State status.”
I have been a law professor since 1972. International Law is one of the areas of my expertise.
The U.N.’s according Palestine non-member Observer status does not equal either the U.N.’s making Palestine a State or the U.N.’s recognizing a State of Palestine.
In other, significant international law settings, Palestine has been treated as a non-State.
And, Palestine is not recognized by the United States, “Israel,” the United Kingdom, France, Germany, Austria, The Netherlands, Belgium, Mexico, Canada, Panama, the Bahamas, Jamaica, French Guiana, North Macedonia, Australia, New Zealand, Switzerland, Italy, Portugal, Spain, Ireland, Greece, Denmark, Norway, Finland, Latvia, Lithuania, Estonia, Japan, South Korea, Taiwan, the Solomon Islands, or Fiji. Also, the non-independent territories Puerto Rico, New Caledonia, the French Southern and Antarctic Lands, and the Falkland Islands do not recognize Palestine.
Alas, Palestine is not, yet, an international law State.
My personal (not legal) view: “Israel” ought not exist. And a State of Palestine ought to exist and ought to include all of the territory claimed by the illegal, terrorist pseudo-state called “Israel.”
According to the requirements of Article 1 of the 1933 Montevideo Convention Palestine is indeed a state: “a) a permanent population, (b) a defined territory, (c) government and (d) capacity to enter into relations with the other states.” Palestine has all four.
hxxps://avalon.law.yale.edu/20th_century/intam03.asp
It is true that U.N. does not grant statehood. The very act of the U.N. Secretary General in 2011 in accepting a Palestinian membership application was an acknowledgement from the U.N. that Palestine is already a state, since only states can apply. Only states can recognize other states bilaterally. The U.N. can only confer membership or non-member observer state status to already existing states. The U.N. Charter is clear. Article 4 says that only existing states may apply for U.N. membership.
hxxps://consortiumnews.com/2021/09/27/why-palestine-is-already-a-state/
Here,here .I commend your views . I also stopped watching when Israel’ turn to speak came up.
Wow, apparently some in the UN are deaf and blind towards the realism of what has happened to Palestine and is still happening to them. Well, let’s see, in 1948 Jews descended and began the murder of Palestinians—-and Israel has never stopped murdering . The plan apparently is for all Palestinians to be gone either from fear or threat of death to leave their Palestinian nation never to return.
What a load of crap. Is there any nation that disses Palestinians as much as Israel? NO. I wonder when Israel will start bombing the U.S.—because at a certain point this unworkable Israeli plan becomes more and more ridiculous and even more deadly. America and Joe Biden, I am ashamed of all of your actions and horrified by all of your lies.
I’m thoroughly embarrassed to be an American…
Me too. Thoroughly embarrassed, appalled and disgusted
America is officially an Israeli satellite state. They won’t be laughing when Ben Gvir becomes its Ambassador/Viceroy.
Garland Nixon and Joti Brar have a great discussion this morning on Israel and it’s place in the empire.
http*://www.youtube.com/watch?v=ed2ID9FB-FA
Joti Brar is a Stalinist. I don’t listen to Stalinists.
Joti Brar is a Marxist/Leninist.
Stalin was a dictator.
Here, let Chomsky explain it to you:
http*://www.youtube.com/watch?v=WsC0q3CO6lM
IMO stagnant dogmatism can only be overcome through a receptive openness, at all times, to enlightening ideas:
http*://www.youtube.com/watch?v=ed2ID9FB-FA
IMPERIALISM: DECADENT PARASITIC AND DOOMED WITH JOTI BRAR-EPISODE 10 – ISRAEL’S PLACE IN THE EMPIRE
Fear not! You will be pleasantly surprised. She is as erudite as I gather you are, on the subject of unilateral colonialist Imperialism.
Apparently more than one ambassador and staff walked out of the room before the Ambassador from Genocide gave the speech giving the reasons why their people has been chosen to commit Genocide. If you read media outside the MICIMATT, there were multiple nations proud to point out that they also had gotten up and left. It was not only the Russians, but pretty much is a list of which nations have a moral soul, compared to the soulless ones who sat there and listened to the Lessor Ambassador from Genocide, after the Greater Ambassador from Genocide had vetoed justice and self-determination.
“The Ambassador from Genocide” Quite right! Thanks for your comment.
The ongoing Anglo/Saxon ASS KISSING is totally despicable, disgusting…putting it mildly. America seems to have forgotten its origins as a nation, fighting against the British. What a totally ODIOUS nation it has become.
Was not the genocidal annihilation of ‘Americas’ indigenous populations even more of an ODIOUS event than
White European expatriates, fighting against their White British ancestors in becoming a colonialist settler nation.
Were they not then a group of people, without a land, infringeing on the territories of a millennia long settled people? They simply marched in and took what they desired, through force of superior arms.
Doesn’t sound too dissimilar to the White European colonist settlers in Palestine, and what they are and have been perpetrating against the non-Jewish Palestinian Arab people for more than a century.
And today, not only are the British arse (to use the good old boy’s word) kissing the facist Zionist Israelis, they are paving the way for them to carry out their genocide.
What an odious coincidence!!!
America, UK, France and Jordan all joined militarily fighting alongside Israel in the cause of Genocide.
Of those, America, UK and France all have previous form in Genocide. Not so sure about Jordan, but given that they are a monarchy, its not impossible. I think their actions against the Palestinians during “Black September” might need a review. But America, UK and France are all previously genocidal nations, between “Manifest Destiny” in America and the Europeans going out to “Save the Heathens” around the world. Plus they all condoned a large scale, intercontinental slavery system in ‘The New World”.
The FUKUS coalition (France, UK, US), each in their own way, needs to be a little worried about the world getting an idea like “Three Strikes and You’re Out” into its mind. Especially as all previous pledges of “We’ve Changed” appear to have been blatant lies.
To France’s credit, however, it did vote in favor of UN membership for Palestine.
Imperialism is imperialism. You are quite right, historically.
According to “1491”, the Spanish brought measles (most contagious and deadly) and smallpox and other diseases to the Americas which largely wiped out the native Americans over the 1500s. The British who came in the 1600s saw the east coast as a largely deserted, bountiful paradise. The small remnants of huge populations of the indigenous peoples were easily and ruthlessly wiped out.
Europe brought syphilis back from the Americas. For some reason the ruling class was extremely susceptible to the neurological effects of that disease.
Today we take antibiotics, anti-toxins and vaccines for granted, but WWII was the first war where more soldiers died from warfare than from disease.