Palestine's membership in the UN could start a new era in international law!

Reminding that the State of Palestine, which has been officially recognized by 145 countries as of May 2024, has been a 'non-member observer state' in the UN since 2012, Asst. Prof. Fehmi Ağca emphasized that if Palestine becomes a member of the UN, it can become a party to international conventions and within this framework, it can make claims against other states, especially Israel.

Üsküdar University, Faculty of Humanities and Social Sciences, Department of Political Science and International Relations (English), Asst. Prof. Fehmi Ağca explained the historical background of the process of recognition of Palestine as a state and the important turning points in this process.

The UN has called on Israel to withdraw from the occupied territories, but Israel refuses to abide by this resolution

Reminding that on November 29, 1947, the United Nations General Assembly adopted Resolution 181, which envisaged the division of Palestine into an Arab state, a Jewish state and the City of Jerusalem and recommended its implementation, Asst. Prof. Ağca stated that "In accordance with this plan, the establishment of the State of Israel was declared on May 14, 1948. In the Arab Israeli war that began immediately after, Israel occupied most of the Palestinian lands. In 1964, the Palestine Liberation Organization (PLO) was established as the representative of the Palestinians, thus giving the Palestinians an organized political structure. In 1967, through Security Council Resolution 242, the UN called on Israel to withdraw from the territories it occupied; however, Israel has not accepted this decision until today."

What happened to Palestine's application to become a full member of the UN?

Noting that the "Green Line", which was accepted as the legitimate country of Palestine by the UN Security Council after the 1967 and 1973 wars, includes East Jerusalem, the West Bank and the Gaza Strip, Asst. Prof. Fehmi Ağca stated that "The Palestine Liberation Organization declared the Green Line as a Palestinian country with its 1988 declaration of independence. Following the signing of the Oslo Accords in 1993, the Palestinian National Authority was established to administer the West Bank and Gaza Strip regions. Article 1 of the Oslo Declaration of Principles stipulated that the Palestinians could establish their own administration in the Gaza Strip and the West Bank. In 2012, Palestine's application for full membership in the UN was not accepted in the UN Security Council due to the veto of the United States. Palestine's new application to become a full member of the UN could not be brought to the UN General Assembly in April 2024 due to the US veto."

145 countries officially recognized the State of Palestine

Stating that "As of May 2024, the State of Palestine, which is officially recognized by 145 countries, has been a 'non-member observer state' in the UN since 2012," Ağca said that "The State of Palestine is a member of many international organizations such as the Organization of Islamic Cooperation, the Arab League and the International Criminal Court. The first European Union member state to recognize Palestine as a state was Sweden in 2014. Central and Eastern European countries (Poland, Bulgaria, Romania, Hungary, Czechia and Slovakia) have already recognized Palestine. Finally, in May 2024, Spain, Norway and Ireland recognized the State of Palestine."

Malta and Slovenia have also announced that they will recognize Palestine

Asst. Prof. Fehmi Ağca stated that "Israel has caused great disappointment in many European states with the genocide it has carried out. Israel's literature of victimhood has begun to lose credibility even in the West. Malta and Slovenia have also announced that they can recognize Palestine." Emphasizing that a state's membership in the UN means the acceptance of its sovereignty in the eyes of other states in the international sense, Asst. Prof. Fehmi Ağca expressed that "Although Palestine is not a full member of the UN, it is represented in many sub-organizations and the General Assembly with the phrase observer state, accepts the jurisdiction of the International Criminal Court, to which only states can be a party, and can be seen as a state with external sovereignty by having representation in many international organizations."

The importance of Palestine being a member of the UN...

Stating that Palestine's membership in the UN may bring with it rights such as voting in the UN General Assembly and taking part in UN bodies, Asst. Prof. Fehmi Ağca continued his remarks as follows:

"Palestine will be able to become a party to international conventions and within this framework, it will be able to make claims against other states, especially Israel. Therefore, UN membership will enable the recognition of rights and responsibilities within the framework of international law and the expression of these rights on the international platform. Most importantly, it will be able to take issues such as Israel's genocide crimes, the occupied territories in the West Bank, and the blockade of Gaza directly to the International Court of Justice and will be able to present all the evidence of crimes in Gaza to the Court and participate in the hearings, without the need for an application from another state. In this context, Palestine's membership in the UN will strengthen its position in terms of international law."

The acceptance of Palestine as a normal state is only possible with the end of the Israeli occupation

Explaining that Palestine will be accepted as a normal state and become a sovereign authority in the Palestinian territories only with the end of the Israeli occupation, Asst. Prof. Fehmi Ağca said that "Even if all the states of the world officially recognize the State of Palestine, it is considered that it will not be possible for Palestine to emerge as a real state as long as the Israeli occupation under the auspices of the USA continues. When evaluated in terms of economic, political and military independence, it becomes clear that the State of Palestine is far from these qualities because Palestine is not an economically self-sufficient state that can control its own borders, exclusively exercise criminal jurisdiction, ensure internal security on its own. Therefore, the latest developments regarding the recognition of Palestine may give European leaders the opportunity to defend themselves by saying, ‘We have done our best for now.’ Thus, Palestine may continue to be diplomatically ineffective in the face of Israel's genocidal and other policies of violence and repression."

The U.S. veto...

Stating that "The recognition of Palestine as a state is not considered possible due to the veto of the United States," Asst. Prof. Fehmi Ağca said that "Because Israel has a direct influence on the domestic and foreign policy of the United States. The Zionist policy that Israel has pursued since its arrival in the region is not in line with the two-state solution, but with the complete removal of the Palestinian people from the region over time. It openly declares this policy from time to time. For example, it proposes that the people of Gaza move to the Sinai Peninsula and live there. The recognition of Palestine as a state will not dissuade Israel from its Zionist goals and may lead it to implement its policies of violence against the Palestinians more strongly."

The Gaza war has eliminated the possibility of de-escalating military tensions between Israel and the Palestinians

Stating that the Gaza War has largely eliminated the possibility of reducing military tensions between Israel and Palestine, Asst. Prof. Fehmi Ağca expressed that "It can even be said that the countries of the region have implicitly approved the destruction of Gaza and its complete occupation and control by Israel. It is considered that the recognition of Palestine as a state will not affect the existing regional alliances and balance of power in the Middle East. Iran will again try to maintain its influence in the region in cooperation with Hezbollah elements affiliated with it in Lebanon and the Syrian regime, and to ensure Iran's security based on the principle of forward defense."

In a war with Israel, the United States is expected to take a direct side in favor of Israel

Stating that Egypt, which is the closest and most important military, political and economic power to the region, is thought to be unable to act independently of the influence of the USA and the West without achieving a real democracy, Asst. Prof. Fehmi Ağca concluded his remarks as follows: "Therefore, even if Palestine becomes a full member of the UN, it is unclear whether Egypt and Saudi Arabia will support the State of Palestine with a real understanding of alliance. As a result, these countries will not enter into an alliance with Palestine without risking armed conflict with Israel due to the fact that the United States is expected to take a direct side in favor of Israel in a war with Israel. This is the main factor that prevents both the Arab countries neighboring Palestine and regional powers such as Türkiye and Iran from directly intervening in the Israeli-Palestinian conflict."

 

Üsküdar News Agency (ÜNA)