Technically, International Community Recognizes ‘State of Palestine’
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2023/12/24
Canada seems to retain a high standard of perception of the maintenance of both international human rights and international law. Yet, we appear weak on the question of Palestine. Technically, the international community recognizes Palestine as a State. Canada should too.
Abridged for brevity. Please see other reliable sources for comprehensive coverage.
Since the British Mandate period, 1917 to 1947, the former Ottoman territories were within the League of Nations under the administration of the United Kingdom in 1922. All territories became independent States with the exception of Palestine. The Balfour Declaration of 1917 stated support for a national home of Jewish people in Palestine.
Large numbers of Jewish people immigrated, primarily from Eastern Europe, and even more in the 1930s. Arabs made demands for independence and resisted immigration. Rebellion occurred in 1937. Both sides committed violence. Circa 1947, the United Kingdom handed the Palestine issue to the United Nations.
It started there, the modern discussion. The United Nations proposed ending the Mandate and splitting Palestine into two States: Arab and Jewish. One called itself Israel. With the 1948 war of neighbouring Arab States, half of the Palestinian Arab population was expelled or forced to flee.
A 1967 war saw Israel occupy the Gaza Strip, the West Bank, and East Jerusalem. An estimated 500,000 Palestinians had an exodus, again. Security Council Resolution 242 (1967) gave principles for a lasting peace and justice.
For instance, the withdrawal of Israel from occupied territories, just settlement of refugees, and termination of all claims of belligerency. The 1973 war resulted in Security Council Resolution 338. It called for peace negotiations.
The UN General Assembly reaffirmed the inalienable rights of self-determination, national independence, sovereignty, and to return, of Palestinian peoples in 1974. 1975 saw the establishment of the Committee on the Exercise of the Inalienable Rights of the Palestinian People.
The Palestinian Liberation Organization was conferred observer status in the UN General Assembly and UN conferences.
Israel invaded Lebanon in June of 1982. The purpose: eliminate the PLO. A cease-fire was agreed. September 1983 saw the adoption of principles at the International Conference on the Question of Palestine.
These were: opposing Israeli settlements, opposing actions to change Jerusalem’s status, the right of regional States to exist securely in recognized borders, and the attainment of inalienable rights of Palestinian peoples.
1987 saw the first intifada or uprising against Israeli occupation. 1988 saw the Palestine National Council proclaim the establishment of the State of Palestine. 1991 saw the Peace Conference. Peace for Israel with Arab States and Palestinians through Security Council resolutions 242 (1967) and 338 (1973).
These and other negotiations resulted in the recognition of the PLO and the Government of Israel, and the signing of the Oslo Accord (1993) and some agreements. These led to the partial withdrawal of Israeli forces, elections to the Palestinian Council and the Presidency of the Palestinian Authority, partial release of prisoners, and the creation of administration in areas of Palestinian self-rule.
1993 deferred some issues to negotiations on permanent status. In 2000, Camp David hosted these. 2001 in Taba. These were inconclusive by the end. In 2000, Ariel Sharon of the Likud visiting Al-Haram Al-Sharif or the Temple Mount in Jerusalem, saw the second intifada.
Israel built a West Bank separate wall in Occupied Palestinian Territory, illegally according to the International Court of Justice. 2002 saw the affirmation of a two-State solution by the Security Council. 2002 was when the Arab League made the Arab Peace Initiative. The United States, European Union, Russia, and the UN (the Quartet), gave a Road Map in 2003 for a two-State solution.
Israel removed settlers and troops from Gaza, still controlling borders, air space, and sea shore. Palestine held legislative elections in 2006. The Quartet set conditions for Palestinian assistance. Namely: non-violence, Israel’s recognition, and accepting prior agreements.
Hamas staged an armed takeover of Gaza in 2007. A blockade was imposed by Israel. A permanent status agreement was not achieved in the Annapolis process (2007-2008). Rocket fire and air strikes in 2008 led to operation “Cast Lead” in Gaza.
Violations of international law made the Goldstone report, while the UN Security Council adopted resolution 1860. Israeli settlement moratorium ended during negotiations in 2010, breaking them down.
President Mahmoud Abbas submitted Palestine’s application for UN membership in 2011. UNESCO admitted Palestine as a Member. Israeli-Palestinian talks were held in Amman in 2012.
November 29, 2012, was the crucial date. The United Nations granted Palestine non-member observer State status. The United Nations in “History of the Question of Palestine” concludes:
The General Assembly proclaimed 2014 an International Year of Solidarity with the Palestinian People. A new round of negotiations begun in 2013 was suspended by Israel in April 2014 following the announcement of a Palestinian national consensus Government. Another round of fighting between Israel and Gaza took place in July-August 2014. In 2016 the Security Council adopted resolution 2334 on settlements. In 2017, the US Administration announced recognition of Jerusalem as the capital of Israel, and subsequently, the US and certain other embassies were moved to Jerusalem. In 2020, the US mediated agreements to normalize relations between Israel and the UAE, Bahrain, Sudan, and Morocco (“Abraham Accords”). In 2022, the UN General Assembly requested the ICJ to render an Advisory Opinion on the legality of the prolonged Israeli occupation that started in 1967, and the implications for Member States. 2023 saw another round of fighting between Israel and Hamas. On 15 May 2023, following a request by the General Assembly, the UN commemorated the 75th anniversary of the Nakba for the first time. In October of 2023, another escalation between Gaza and Israel began. Please see the latest updates on the Israe-Gaza crisis.
It’s significant with this status as a State, though “non-member observer State” status. If you ask, is it, though? You can question. Is the Vatican significant? One can say, “Yes,” easily. You can disagree on Vatican morals. You can be non-Catholic. Yet, you must agree. The Vatican matters internationally.
Does it have status at the UN? Yes. In fact, it holds “non-member observer State” status. Only Palestine and the Vatican hold this category of State status. To deny legitimacy of Palestinian statehood, at the UN, is to deny the Vatican status, similarly, who would agree? Not many.
The details of the November 29, 2012 vote matter too. 41 abstentions, 9 against, and 138 for, i.e., overwhelming approval. The international community stands with Palestinian statehood. Who were the 9 against? Canada, Czech Republic, Federated States of Micronesia, Israel, Marshall Islands, Nauru, Palau, Panama, and the United States, that’s it.
Ignoring the others, Canada should align with international opinion on this one. As a call to Prime Minister Trudeau, we should recognize the State of Palestine, vis-a-vis international opinion. The global community of States spoke in 2012. Canada made a moral mistake.
In a similar manner, we should speak out against anti-Muslim violence and anti-Semitism. We should recognize the State of Palestine as well as the State of Israel. It’s been over a decade of self-evident statehood to the vast majority of the world at the global representative body of the nations of the world, of Member States: the United Nations.
It’s simple, not complex. Only the derivatives remain complex.
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