NYTimes correction on E-1 — do they have it right now, or not?

The New York Times has today issued a correction to an earlier story on E-1 [published on 2 December here]:
An article on Dec. 2 about Israel’s decision to move forward with planning and zoning for settlements in an area east of Jerusalem known as E1 described imprecisely the effect of such development on access to the cities of Ramallah and Bethlehem from Jerusalem, and on the West Bank. Development of E1 would limit access to Ramallah and Bethlehem, leaving narrow corridors far from the Old City and downtown Jerusalem; it would not completely cut off those cities from Jerusalem. It would also create a large block of Israeli settlements in the center of the West Bank; it would not divide the West Bank in two. And because of an editing error, the article referred incompletely to the possibility of a contiguous Palestinian state. Critics see E1 as a threat to the meaningful contiguity of such a state because it would leave some Palestinian areas connected by roads with few exits or by circuitous routes; the proposed development would not technically make a contiguous Palestinian state impossible.  This correction was published in the NYTimes print edition today [though this correction is dated 7 December and was earlier posted online on 10 December], and is posted here.]

[UPDATE: CAMERA has taken credit here for pushing the NYTimes to issue this + another correction {concerning a story published on 30 November here}…Hat tip to Max Blumenthal {who on Twitter called the latest correction “absurd”}:
@MaxBlumenthal — Right-wing pro-Israel media monitoring front CAMERA takes credit for absurd NY Times “correction” on E1 settlements: http://www.camera.org/index.asp?x_context=2&x_outlet=35&x_article=2357 … ]

Well, does the NYTimes have it right, now? No.

First of all, cutting to the crux, E-1 development by itself would probably not “technically make a contiguous Palestinian state impossible”, no.

But it would make movement for Palestinians so difficult that they would stay at home most of the time.

Maybe providing a massive, frequent, comfortable and convenient and inexpensive helicopter service between the north and the south and the east of the West Bank would solve the problem, but that’s not going to happen — and why would anyone want kind of a solution?

In any case, the real problem is that any of the proposed solutions [roads, tunnels, bridges — but not helicopters, not really, as we’re not talking about Brasilia] are dependent on Israeli happiness and good will at all times.

One incident could and would result in the cutting off of movement for hours or for months + years.

The NYTimes correction says almost dismissively, as if it is of little or no importance, that only “some Palestinian areas” would be affected. So, we shouldn’t care about that? It’s not supposed to matter?

What Palestinians want is freedom, dignity, independence, and real self-rule in their own state — it cannot be argued that Palestinians have had any kind of real self-rule since the signing of the Oslo Accords, which were supposed to be a transition to self-rule, in September 1993.

Palestinians want and deserve a return to some zone of comfort in their daily lives which has not existed for many years, particularly since the start of the Second Intifada at the end of September 2000.

And, as American presidents have said, they deserve dignity, and dignified lives.

Akiva Eldar, in a piece published in Al-Monitor, reminds us that although the Levy report might argue that the West Bank is not occupied [but instead disputed, and apparently therefore up for Israel to grab], this is not the view of most of the outside world.

Eldar was writing about what he viewed as a rather limp reaction by German Chancellor Angela Merkel to Netanyahu’s E-1 announcement [which Eldar call “agreeing to disagree”]: “Presumably, when she said at the press conference that Israel was a sovereign state and therefore Germany could not impose its position on the settlements, Merkel did not mean to say that Israel was the sovereign in the West Bank. Israel itself does not claim ownership over Area E1. The proposed plan was submitted for the approval of the planning and construction committee of the Civil Administration in the occupied territories and not to the parallel committee in Jerusalem. Even according to Israel’s official position, the question of sovereignty over these areas, as well as over the rest of the West Bank and East Jerusalem, remains controversial. Furthermore, in 2003 Netanyahu was a cabinet member in then-prime minister Ariel Sharon’s government, which signed an international commitment to abstain from taking such actions. The road map hatched out by the the Quartet, which consisted of the United States, Russia, the European Union and the United Nations and submitted to Israel and the Palestinians explicitly stated that Israel had to completely discontinue all construction in the territories”. This is posted here.

Continue reading NYTimes correction on E-1 — do they have it right now, or not?

"Gaza is the Palestinian state" – UPDATED

UPDATE:  It seems that the premise of this post — that Ismail Haniyeh expressed support for the UNGA move planned by PLO Chairman Mahmoud Abbas — may [or may not] be wrong.  A Hamas spokesperson [though not Haniyeh himself] reportedly denied that Haniyeh said this.  [AFP reported later that “Last week, Gaza’s ruling Hamas movement denied a report by the official Palestinian news agency WAFA that Hamas prime minister Ismail Haniya had expressed support for the UN bid in a phone call with Abbas”. The AFP account is posted on the Al-Ahram website here.] This post was amended. But, even later reports suggest that our original reporting was correct. Hamas will at the very least not oppose the move [and may actually even support it]…
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Of all the surprises that emerged from the IDF’s Operation Pillar of Clouds, one of the most significant is the pair of statements — after the cease-fire agreement — by the two top Hamas political leaders indicating their support for a Palestinian state.

Hamas was supposed to have done this before [several times], but then swiveled.

Now, just after the cease-fire, Khaled Meshal, long-time head of Hamas political bureau, said Wednesday night in an interview with CNN’s Christiane Amanpour: “I support a Palestinian state in 1967 borders with Jerusalem as its capital + the right to return”.  This was posted at here.  This interview can also be viewed here.

Amanpour was part of the caravan of top media stars who had flocked to Israel and to Gaza, with their entourage of producers and camera persons and assistants, during Operation Pillar of Clouds.

She had been reporting in Israel. Then, suddenly, she Tweeted on Monday that she was heading to Cairo to do the interview with Meshal.

On Friday 16 November, she Tweeted this: @camanpour — “In Israel. Reporting on growing fears of an all-out war: http://abcn.ws/U35bg7”

Then, on Tuesday 20 November she Tweeted @camanpour — “En route to Cairo for an EXCLUSIVE interview with Hamas’ political leader Khaled Mashal”.

On Wednesday 21 November, she sent out these Tweets:

@camanpour — “I’m in Cairo – just finished an EXCLUSIVE interview with Hamas’ political leader: http://on.cnn.com/XC7ESH”

@camanpour — “Khaled Meshaal says Hamas thought there was actually a deal last night, but Israel refused some points”

The cease-fire was announced late on Wednesday 21 November, in a joint media appearance in Cairo by U.S. Secretary of State Hillary Clinton and Egypt’s Foreign Minister Mohammed Amr, It was confirmed by a press appearance in Jerusalem by Israeli Prime Minister Benyamin Netanyahu, flanked by Defense Minister Ehud Barak, and Foreign Minister Avigdor Lieberman. Then, by a press conference in Cairo by Hamas’ Khaled Meshal, on an adrenalin high, and Islamic Jihad’s Ramadan Shallah.

In Amanpour’s interview, aired shortly after that, Meshal spoke in the first person: “I support a Palestinian state in 1967 borders with Jerusalem as its capital + the right to return”.

But, what did that mean? Was Meshal indicating that this was just his personal position?

The next day, Haniyeh appeared to repeat what Meshal said.  Haniyeh and Meshal are the two top political leaders of Hamas.

However, Haniyeh noted that he would like to see a Palestinian state on “all Palestinian land”.

[In both of his statements, Haniyeh also added another condition: the freedom of the Palestinian prisoners being held in Israeli jails.]

With these statements, Haniyeh and Meshaal seem to have dispelled concerns that they might be working for a separate state in Gaza.

More than that — Hamas in Gaza and the Palestinian leadership in the West Bank now appear to agree on pursuit of state recognition within the UN.

In a day-after, post-cease-fire press conference in Gaza on Thursday, Hamas leader Ismail Haniyeh seemed to say he supported Abbas’ move to get acknowledgement and acceptance of Palestinian statehood within the 1967 borders and with Jerusalem as its capital — with the right of return.

A Hamas official later reportedly denied that Haniyeh said this.

But, even later, Hamas officials were indicating that Hamas will, at least, not publicly disagree with the Abbas move.

FURTHER UPDATE: On Monday 26 November, after the confusion described above, Ma’an News Agency posted a story saying that “Hamas chief-in-exile Khalid Mashaal telephoned President Abbas on Monday to confirm the Islamist movements’ support for the upcoming UN bid, the official news agency Wafa reported”. This is posted here. The Wafa story is posted here.

UPDATE: The New York Times reported Saturday, here, that “[Ahmed] Yousef, a former Haniya adviser who now runs a research organization…said Hamas, which has opposed the United Nations bid almost as vociferously as Israel, would no longer speak against it. Asked about his vision for a Palestinian state, Mr. Yousef’s contours echoed those of Mr. Abbas: 1967 borders, with Jerusalem as the capital”. The NYTimes described Yousef as “an analyst close to the Hamas leaders”.

UPDATE: Daoud Kuttab wrote on the Huffington Post site here that “Mohammed Ramahi, a Hamas legislator and spokesman for the group’s parliamentary faction, has told Al Jazeera that Hamas will support the UN initiative”.

UPDATE: AFP reported that in a Ramallah rally organized to support the UNGA move, “Abbas said the attempt to secure upgraded status was backed by many UN member states and by all the Palestinian political factions…Abbas reportedly told those assembled: “Today, the UN. After that, reconciliation, and after that, our own state”.

UPDATE: Ma’an News Agency reported that “President Mahmoud Abbas met Saturday evening with Hamas figures in the West Bank at his Ramallah office, according to sources present at the meeting. The meeting discussed Abbas’ bid for upgraded UN membership, due for a vote on Thursday, as well as reconciliation between Hamas and his Fatah party, attendees said. Nasser al-Shaer, a former government minister and Hamas deputy, said after the meeting that he supported the UN bid.” This is posted here.

UPDATE: Adam Shatz has just written in the London Review of Books that “If Israel were truly interested in achieving a peaceful settlement on the basis of the 1967 borders – parameters which Hamas has accepted – it might have tried to strengthen Abbas by ending settlement activity, and by supporting, or at least not opposing, his bid for non-member observer status for Palestine at the UN. Instead it has done its utmost to sabotage his UN initiative (with the robust collaboration of the Obama administration), threatening to build more settlements if he persists”.

UPDATE: Daniel Levy [Senior Fellow and the Director of the Middle East and North Africa Programme at the European Council on Foreign Relations and a Senior Research Fellow at the New America Foundation — and the real drafter for the Israeli team of the Geneva Initiative] this week wrote that Hamas has helped develop and push forward the promotion of a real Palestinian state with state status in the UN: “the idea of any future peace arrangements including a Palestinian agreement to demilitarization just became more remote … Fatah and the PLO cannot be dismissed in Palestinian politics, but their longstanding approach of currying American favor, in the hope of delivering Israel absent the creation of Palestinian leverage and assets, has run its course. They appear to have missed the boat in leading a popular campaign of unarmed struggle and the PA’s security cooperation with Israel looks distinctly unseemly in the eyes of many Palestinians…And a likely U.N. General Assembly vote on Palestine observer state status has in all likelihood been reduced to a sideshow … This past week demonstrated that Europeans not only lack a coherent policy to the Palestinians; they are also missing such a policy vis-à-vis Israel … If the Palestine vote takes place at the UNGA, Europe should vote in favor not because of some mathematical computation of strengthening one Palestinians faction at the expense of the other, but rather because it is the right thing to do if Europe is committed to a two-state outcome. Europe might also be useful in utilizing some of the leverage it has with Israel as an outrider to an America still boxed in by its own politics…Russia and China will have enjoyed embarrassing the Americans and some Europeans this week at the UN Security Council over the Palestine issue [Gaza] by siding with Arab parties. It’s something they are likely to indulge again next week if the Palestinians go for a UN vote”. Daniel Levy’s analysis is posted here and here.

Continue reading "Gaza is the Palestinian state" – UPDATED

Egypt's President Morsi backs independent, sovereign Palestinian state

Egypt’s President Mohammed Morsi put Palestine first in his speech about Egypt’s view of world affairs at the UN General Assembly in New York today: “I call for immediate movement, serious movement, as of now, to put an end to colonization and occupation activities and the denial of self-determination and the alteration of the identity of occupied Jerusalem. I call for a peace that would establish an independent Palestinian state, a sovereign Palestinian state, a peace that will achieve the security and stability long sught by the peoples of the region”.

Is it significant that he called for peace before the establishment of the independent + sovereign Palestinian state? Probably, yes… That would be consistent with the approach Egypt has taken since 1979, which Morsi did not repudiate before the UN General Assembly today.

Morsi said in his speech on Wednesday that “from the premise of defending truth, dignity and freedom, I place the international community before its responsibility which requires the achievement of a just and comprehensive peace, and the putting an and to all forms of occupation of Arab lands…”

He pledged Egypt’s full support for any step the Palestinians planned to take in the UN.

And, he urged other UN members to join him in supporting the Palestinian move: “I call upon you all, just as you supported the Arab revolutions, to lend your support to the Palestinians in their endeavor to regain full independent rights, and to support a people to gain its freedom and establish its independent state, an independent state of Palestine, based on the inalienable rights of the Palestinians”.

On Tuesday, U.S. President Barack Obama, who is running for re-election in about six weeks’ time, was one of the opening speakers at the opening session of the UN General Assembly’s high-level General Debate. Iran’s President Ahmadinejad spoke this morning. And Palestinian leader Mahmoud Abbas is due to speak to the UN General Assembly on Thursday, apparently to modify the stalled “UN bid” he made with great fanfare a year ago, asking for full membership in the UN for the State of Palestine, which Israel opposed and the U.S. said it would veto.

Morsi said Egypt “will continue to work next to the Palestinian people, supporting them, until they get all their rights, until there is a free world for all the Palestinians and every constituent of the Palestinian people”.

He said “it is shameful that the free world accepts, regardless of justifications provided, that a member of the international community continues to deny the rights of a nation that has been longing for decades for independence”.

Continue reading Egypt's President Morsi backs independent, sovereign Palestinian state

Mahmoud Abbas DRAFT letter: "The P.A. lost its raison d'etre".

The Times of Israel today published in English, here, the full text of the DRAFT letter that Palestinian leader Mahmoud Abbas has been preparing to send to Israel’s Prime Minister Benyamin Netanyahu later this week.

The Times of Israel said that the DRAFT letter from Abbas was “bitter”.

Haaretz’s Barak Ravid first wrote about this letter ten days ago, here, as we reported here — but Haaretz did not publish the full text.

In his article, Ravid noted that “The letter was meant to include a threat to dismantle the PA, although that paragraph was later taken out due to heavy U.S. pressure”.

Ravid also reported the news that at the end of March, “a secret meeting was held between Saeb Erekat and [Netanyahu adviser Yitzhak] Molho. While the two hold occasional phone conversations, last week’s session was the first meeting between the two officials in two and a half months. In the meeting, Erekat relayed the content of the letter Abbas intends to pass on to Netanyahu in the coming days. Molho and Erekat are expected to meet again before the Palestinian delegation arrives for the meeting with Netanyahu”.

Ravid did Tweet the DRAFT letter’s four pages, in Arabic, and the links were included in our post, here.

But, it is likely that the letter that will be delivered is in English, because when Israelis and Palestinians sit together for negotiations, they speak in English, and when they draft agreements [like the Oslo Accords], it is done in English. Really.

In the letter, which is still apparently in DRAFT form, Abbas writes:

    “Twenty years ago, we concluded with Israel an agreement under international auspices which was intended to take the Palestinian people from occupation to independence. Now, as a result of actions taken by successive Israeli governments, the Palestinian National Authority no longer has any authority, and no meaningful jurisdiction in the political, economic, social, territorial and security spheres. In other words, the P.A. lost its reason d’être”.

Journalists [including here] are reporting that Abbas has “stopped short” of dissolving the P.A.

Abbas has been reported to be contemplating just that. His former negotiating partner, Yossi Beilin, called on Abbas to dissolve the P.A. in an article published on FP recently here. Beilin wrote to Abbas, via FP:

    “One simply cannot continue with an interim arrangement for almost 20 years. This was not the intention when we spearheaded the Oslo process in late 1992 — you from Tunis and I from Jerusalem — or when we assiduously worked on what subsequently became known as the ‘Beilin-Abu Mazen Agreement’ between 1993 and 1995. You and I both understand that the current situation is a ticking time bomb … Do not hesitate for a moment! Do not accept the request of President Obama, who merely wants to be left undisturbed before election day. Do not let Prime Minister Netanyahu hide behind the fig leaf of the Palestinian Authority — impose upon him, once again, the responsibility for the fate of 4 million Palestinians. Remain as the head of the Palestine Liberation Organization, which will give you the authority to lead the political negotiations if and when they resume. But for the sake of your own people, and for the sake of peace, you cannot let this farce continue”.

The words from Abbas are clear — and it does not seem possible to understand them as saying anything other than the present game is over.

If this doesn’t mean that the P.A. is being dismantled, then the Palestinian people have good reason to want to know why not.

    UPDATE: In an informal poll conducted Monday afternoon in Ramallah, four Palestinian men all expressed puzzlement, uncertainty, and thinly-disguised disgust.   One, a former journalist, gave a standard template analysis: “Abbas is just playing for time… he knows nothing will happen until after Obama is re-elected in November”, he said.  One, a senior leader in a small Palestinian faction, said only: “Our problems are more serious than anybody really knows”.

Meantime, the real question is: why will Salam Fayyad be delivering this letter to Netanyahu? [It may happen on Tuesday 17 April in Jerusalem…]

Is it just because Netanyahu prefers Fayyad to Sa’eb Erekat? It’s true that Fayyad and Erekat will be accompanied by the Secretary of the P.L.O. Executive Committee, Yasser Abed Rabbo — but Fayyad’s position is only with the P.A.

All three men are expendable — though all of them have survived strong criticism before.

Fayyad is the Prime Minister and Finance Minister of the Palestinian Authority [P.A.] created by agreement between Israel and the Palestine Liberation Organization [PLO] as a local temporary and subsidiary body to administer the occupied Palestinian territory during negotiations.

Fayyad was appointed PM in the P.A. by Abbas to replace Hamas leader Ismail Haniyya, after Hamas kicked Fatah/Palestinian Preventive Security out of Gaza in mid-June 2007, and Abbas retaliated to that “military coup”, as he called it at the time, by a political coup dissolving a short-lived “National Unity” Government. This is one reason why Hamas refused to agree to keeping Salam Fayyad as PM in a new “technocratic” government that was supposed to be formed after a reconciliation agreement concluded in Cairo last year.

Fayyad himself has never been formally involved in negotiating, though he has had a couple of official meetings in Jerusalem previously [one was with Condoleezza Rice, during the Annapolis process].  Fayyad is a resident of East Jerusalem, and does not need a permit to travel around Jerusalem [or within Israel, if he wanted…]

We have speculated on this in a previous post [on 7 April], published here.

The DRAFT letter from Abbas, meanwhile, calls on the Government of Israel to do the following:

    “1- Accept the two-state solution on the 1967 borders with possible minor and mutually agreed upon land swaps of equal size and value;
    2- Stop all settlement activities, including in East Jerusalem;
    3- Release all prisoners, in particular those imprisoned prior to the end of 1994; and
    4- Revoke all decisions taken since 2000 which undermine agreements signed between Israel and the PLO”.

These are obligations, the Abbas DRAFT letter says [meaning, not “pre-conditions” as the Israellis complain].

If Israel refuses to honor these obligations, the Abbas DRAFT letter says:
“We will seek the full and complete implementation of international law as it pertains to the powers and responsibilities of Israel as occupying power in all of the occupied Palestinian territory.  For the Palestinian Authority—now stripped of all meaningful authority—cannot continue to honor agreements while Israel refuses to even acknowledge its commitments. The P.A. is no longer as was agreed and this situation cannot continue”.

What does that mean — “The P.A. is no longer as was agreed and this situation cannot continue”…

It does not sound like a call to return to the situation before the Camp David talks of the summer of 2000, or to the pre-Second-Intifada situation…

It sounds, in fact, just like a decision to dissolve the P.A. …

John Quigley, international law professor, on Palestine — in Palestine

John Quigley, renowned legal scholar and professor of international law who has written several books on the Question of Palestine — and who believes that the state of Palestine already exists, based in the Palestine Liberation Organization’s 1988 Declaration of Independence — is in Ramallah for a few days.

He will be speaking at a conference at Bir Zeit University this [Tuesday] morning [co-sponsored by the Bir Zeit University Institute of Law + the Konrad Adenauer Stiftung] on “The Quest for Palestine Statehood: Legal, Political and Economic Implications”.

At an appearance at the [Quaker] Friends Meeting House in Ramallah [arranged by the independent Palestinian human rights organization Al-Haq] on Monday night, Quigley said that the Palestinian right to statehood existed before or prior to — and without reference to — the UN General Assembly’s Resolution 181 [adopted 29 November 1947], but he noted that the PLO relied upon Resolution 181 as the basis for their claim to statehood in 1988.

Asked [by Sam Bahour, who was in the audience] if UNGA Resolution 181 is legal, if it had a legal foundation, Quigley replied that it was adopted as a recommendation, as a suggestion to 2 parties, as a proposal to the two parities, to deal with the situation by partition, with economic union and respect for the rights of everyone. [The situation = Britain announced after the Second World War that it wanted to get out of its responsibility for the Mandate of Palestine that it acquired from the League of Nations after the First World War].

So, Quigley continued, this UNGA Resolution 181 was viewed very clearly as a recommendation, but because it was rejected by Arab countries, the major powers a few months later put it aside.

Quigley then suggested that what gave UNGA Resolution 181 legality, or legitimacy [he avoided specifying the term] was the PLO’s acceptance of it, over 40 years later, as the basis for the Palestinian Declaration of Independence in 1988.

In terms of the unfulfilled Palestinian right of Self-Determination, Quigley said that it would have been better supported if the PLO had not, in 1988, confined its territorial claim to the West Bank and Gaza — it could have, at that time, called for Self-Determination in much larger territory.

However, he said, having made the determination in 1988 that they would establish their independent state within the borders / armistice lines that existed before the June 1967 war, it would be very difficult [if not impossible] for the Palestinians to go back on this now.

He did note that Israel became UN member in 1949 without specific mention of territory [or borders]; Israel’s subsequent occupation of territory in 1948 [after the departure of British forces] beyond the delimitation proposed in the UNGA resolution’s 1947 partition plan, has “never been dealt with in any way”.

It is very hard to argue that Jewish settlers in the West Bank have a right or claim to territory there on the basis of Self-Determination — especially, he said, since the International Criminal Court has now solidified the position of the Geneva Conventions, and also of customary international law [including the Hague Convention of 1907, which Israel does accept], that establishing settlements under a military occupation is a war crime.

The real problem, Quigley added, is that it will be very difficult for the Palestinians to gain jurisdiction over Israel in in international fora, because Israel opts out from the jurisdiction of the International Court of Justice in every international human rights treaty except the Genocide Convention.

In contrast to the positions held by some in the audience in Ramllah, Quigley said that the PLO’s “UN bid” — its filing of an application for full membership on 23 September — will enhance its ability to represent Palestinian interests.

If anything, Quigley said, Palestinian statehood enhances representation for the Palestinian diaspora. He argued that some Palestinian complaints [including the fears of diaspora about their lack of representation] with regard to the recently-submitted “UN bid” are “internal questions”.

Just because there hasn’t been a very effective effort made in the past to implement the rights of those outside, doesn’t mean that they still won’t be in the future, Quigley noted. “All I’m saying is that Palestine as a state will be in a stronger [and better] position to do so”, though it remains to be seen what will happen.

He also noted that there doesn’t seem to be any indication of an attempt to abandon the Palestinian right of “repatriation”.

And, he said, Palestinian complaints that there should have been greater consultation before making the UN bid is also an internal Palestinian matter, while “at an international level, a state representing a population that acquiesces in its control — even if it doesn’t like what that state does — is capable of taking such actions”.

Continue reading John Quigley, international law professor, on Palestine — in Palestine

Why the Palestinians cannot go to the UN Security Council + UN General Assembly at the same time

In a briefing called Saturday morning for “Arabic” journalists [only] in Ramallah, Nabil Shaath reportedly said — according to a account in the Israeli newspaper Haaretz, published here — that
Palestinian President Mahmoud Abbas “will apply for membership to the Security Council, which may take few days to bring it up for discussion and then a vote. However, he [Shaath] said, in case the Security Council stalls in its procedures and delays discussion of the membership application, the Palestinian Authority may then go to the UN General Assembly to ask for a non-member state post”.

Well, in order to do that, the Palestinians would have to withdraw any request they’d submitted to the UN Security Council — for the UN Security Council and the UN General Assembly cannot both be “seized of” the same matter at the same time.

Why? Because the UN Charter says so, here, in Article 12 (1):

“While the Security Council is exercising in respect of any dispute or situations the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.”

Once the Palestinians submit their request for full membership — which will be in the form of a letter to the UN Secretary General, who will forward it to the UN Security Council — then it would present problems to ask the UN General Assembly at the same time, or while the matter is still pending in the UN Security Council [which could effectively sit on it, for months or even years] to consider a request to upgrade the status of Palestine to observer [though still non-member] state.

One reason why it would be good strategy to go to the UNGA first, to upgrade observer status of Palestine to state [non-member], before going to UNSC, is:
– the UN Charter says, in Article 4(1) that

“Membership in the United Nations is open to all other peace-loving states [emphasis added here] 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”;

and Article 4 (2) says:

“The admission of any such state [emphasis added again] to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council [emphasis added here, too]”…

RECOMMENDED READING TODAY:
(1) AMIR TURKI AL-FAISAL – VETO A STATE, LOSE AN ALLY, published on 11 September here.
(2) SIMONE DAUD [PALESTINIAN PROFESSOR] – a nom de plume – ARAB SOURCES: AZMI BISHARA ON PALESTINE’S UN BID [on Mondoweiss blog], published on 16 September, here
(3) JOEL GREENBERG, ABBAS FORMALLY DECLARES STATEHOOD BID, published last night here.

What is the UNSG's position on Palestinian state membership in UN?

In this Al-Jazeera International interview with a nicely designed set — possibly in the UNSG’s 38th floor office, it seems — UNSG BAN Ki-Moon speaks with Al Jazeera’s Kristen Saloomey, and says:

“Membership in UN is something that is up to the member states of the UN … It does not fall within my mandate according to the Charter of the United Nations

UNSG BAN also says:

“My only wish and hope is that we will not see any confrontational atmosphere in the UNGA over this issue.

“As a committed proponent of the two-state solution … the realization of that vision has been long overdue … Within that context I have been a strong proponent. I’m not in a position to prejudge any outcome which course of action the Palestinian president will take because I have not received any letter of application whatever … I’m going to have a bilateral meeting with the Palestinian leader in NY [the appointment has not been fixed yet]

“I have always been supporting the Palestinian people’s legitimate aspirations to have an independent state

“It is only natural that after such a loooooong time that the Palestinian people have been frustrated and trying to reach some of their goals. Whatever road they may choose is up to them … Now we are talking about recognition of a state within the UN or the admission of a state as a full member of the United Nations … but as far as their legit concerns and their aspirations or their enduring their sufferings, I fully sympathize…”

This video is posted both on Youtube here. and on the Al-Jazeera English-language website, here.

UNSG BAN says two-state solution to Israel-Palestinian conflict "is long overdue"

Was the UNSG taking a diplomatic half-step back from his earlier support for a long-overdue Palestinian State?

What he said, at a hastily-summoned press conference at UNHQ/NY on Thursday, was exactly this: “I am profoundly troubled by the lack of progress in the peace negotiations. It is vital that they resume. Ending the Israeli-Palestinian conflict and achieving a two-state solution is long overdue. Time is not our friend”.

[As we reported in our last post, on 10 September, here, what the UNSG BAN said in Australia that day was somewhat different. According to AFP, he said this: “The two state vision where Israel and Palestinians can live… side by side in peace and security — that is a still a valid vision and I fully support it… And I support also the statehood of Palestinians; an independent, sovereign state of Palestine. It has been long overdue“.]

The U.S. State Department spokesperson said last Thursday that the Obama Administration would use the American veto in the UN Security Council if the Palestinians pursued their announced intentention to seek full UN membership.

Though U.S. envoys Dennis Ross and David Hale are on their second trip to the region in as many weeks to try to avert the Palestinian move, Palestinian officials say they are going to pursue it — unless, of course, an excellent offer is made up until the last minute.

Even if a Palestinian State is somehow admitted as a full member of the UN Organization, Palestinian officials say, they intended to pursue negotiations with Israel on the next day…

Palestinian Authority [PA] Foreign Minister Riyad Malki told members of the Foreign Press Association [FPA – in Israel] at a briefing convened at FPA request on Thursday that at end of Mahmoud Abbas speech around midday on 23 September from the podium of the UN General Assembly in New York, after the very last sentence, Abbas – who is Chairman of the Executive Committee of the PLO, in addition to acting President of the PA — will present the official request for the state of Palestine to be granted full membership to the UNSG”.

UNSG BAN Ki-Moon will be seated on an elevated table behind the podium. All Mahmoud Abbas will need to do is turn around and hand up the official Palestinian letter of request — and this will be in public, in full view of the whole world.

Continue reading UNSG BAN says two-state solution to Israel-Palestinian conflict "is long overdue"

SG BAN Ki-Moon says Palestinian state is "long overdue"

During a visit to Canberra, Australia, the UN Secretary-General BAN Ki-Moon made headlines here, and probably around the world, by saying that a Palestinian state is “long overdue”.

AFP reported that the UNSG said: “The two state vision where Israel and Palestinians can live… side by side in peace and security — that is a still a valid vision and I fully support it… And I support also the statehood of Palestinians; an independent, sovereign state of Palestine. It has been long overdue …But… the recognition of a state is something to be determined by the member states …It is not by the Secretary General so I leave it to the member states to decide to recognise or not to recognise”. This report is published here.

It was, actually, an uncharacteristically bold and brave thing for him to say, coming just hours after the U.S. confirmed clearly that it held the opposite view — and would use its veto power in the UN Security Council to stop a Palestinian request for full membership in the organization.

A Palestinian State has already been declared, in November 1988. But, though a few legal scholars disagree on the basis of theory, it clearly doesn’t exist yet, “on the ground”.

Within hours of the Palestinian Declaration of Independence at a meeting of the PLO’s Palestine National Council in Algiers on 15 November 1988, the UN’s then-Secretary-General, Javier Perez de Cuellar, issued this statement through his spokesman in New York saying:

“The Secretary-General has not seen the full text of the statements issued by the Palestine National Council in Algiers. However, on the basis of the press reports that have emerged thus far, he believes that fresh opportunities now exist for progress towards peace. The Secretary-General has consistently maintained that a comprehensive settlement of the Arab-Israeli conflict should be based on Security Council resolutions 242 and 338, and take fully into account the legitimate rights of the Palestinian people, including their right to self-determination. The Secretary-General believes that this session of the Palestine National Council has been of the greatest significance. He feels that all concerned should now seize the opportunity to make a determined new effort to achieve a just and lasting solution to the conflict in the Middle East”.

This statement is archived on the UN website here.

That was in November 1988.

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