Saturday, December 1, 2012

When is a State Not a State?: Palestine's Recent UN Upgrade


            On the 65th anniversary of the United Nations Partition Plan for Palestine, in a 138-9 vote in the General Assembly, the United Nations approved the Palestinian Authority’s request for an upgrade from “non-member observer entity” to “non-member observer state” (Ziabari). Although Palestine failed to achieve the UN’s coveted “independent state” status, the upgrade marks a significant milestone in Palestine’s progression towards statehood. Straddled with the “non-member observer entity status” since 1974, Palestine has repeatedly sought recognition in the United Nations and international community as an independent and functional state (a burdensome, yet critical, task, given that recognition in the international community is a key criterion in the definition of a state) (Hume and Fantz). Although Palestine lacks voting status in the United Nations General Assembly, the alteration of Palestine’s definition from “entity” to “state” signifies a growing international trend towards identifying Palestine as a state separate from Israel, known colloquially as the “two-state solution” (Hume and Fantz). While the leader of the Palestinian Liberation Organization (PLO), Mahmoud Abbas, is still pushing the application for Palestine to receive independent state status in the UN, it is important to understand the context for Thursday’s historical decision.
            At the end of World War II, as a condition of peace, Britain relinquished its claim to Palestine and left the final decision of Palestine’s territorial status to the United Nations. Given Palestine’s large, and recently contentious, Arab and Jewish populations (1,269,000 and 608,000 citizens respectively), the United Nations was forced to segregate both populations into respective states to reduce hostilities (MERIP). However, given the lack of defined historical or ethnic borders, the United Nations faced difficulty finding a definitive border by which to split the Palestinian Mandate. After bitter negotiations in the General Assembly, on November 29th, 1947, the United Nations passed the United Nations Partition Plan for Palestine, which divided Palestine into two states: one state with a Jewish majority (recognized later as Israel) and one state with an Arab majority (recognized later as Palestine) (Ibid).
The 1947 Partition Plan faced three major setbacks. First, while the partition ensured both states had their respective ethnic majorities, the partition still left major Jewish settlements in the proposed Arab territory and major Arab settlements in the proposed Jewish territory (MERIP). Second, the Israeli state was created slightly larger than the Palestinian state (53% left to Israel, 47% left to Palestine) in anticipation of sizable Jewish immigration into Israel, irritating Palestinians who demanded equal, if not more, land to compensate for their advantage in population (Ibid). This inequality led Palestinians to protest that Britain unfairly allowed the expansion of the Jewish state at the expense of UN settlement of the borders. Finally, the UN partition designated Bethlehem and Jerusalem as corpus separatum independent of the jurisdiction of both Israel and Palestine, fostering conflict between the rightful owners of both districts (Ibid).
In the days following the UN Partition Plan, violent disputes erupted between Israelis and Palestinians regarding the bounds of their respective settlements. Armed against a smaller, but highly organized and internationally supported Israeli army, the Palestinians faced an uphill battle to defend their homeland against Jewish expansion (MERIP). Recognizing their national and religious interests were at stake, neighboring Arab states, Egypt, Syria, Jordan, and Iraq, invaded Israeli on the side of the Palestinians (Ibid). However, the Arab neighbors only intervened so that should Palestine lose the war, they could divide the defeated Palestinian state amongst themselves. Surrounded by overwhelmingly powerful rival states threatening their sovereignty, Palestine lost the war and in the armistice agreements of 1949, the Palestinian state ceased to exist (Ibid).
Engaged in sporadic conflict for the last 65 years to reclaim their sovereignty, an independent Palestine could substantially benefit the international community. In a recent statement, Abbas claimed that recognition of an independent Palestinian state could catalyze peace talks with Israel (Charbonneau). Over the last few years, there have been two primary obstacles to a successful peace settlement between Israel and Palestine: new Israeli settlements in the West Bank and recognition of the Palestine as an independent state. Abbas has made indications that he would be willing to forgive the precondition regarding Israeli settlements to resume peace talks if Palestine grew its status in the United Nations (Charbonneau). By implicitly recognizing the status of Palestine as a state, even without granting Palestine the rights and privileges of full-UN membership, the United Nations has taken a momentous step in resolving the Israeli-Palestinian conflict.
However, roadblocks still lie in the path of independent Palestinian statehood and a successful, conclusive peace treaty between Israel and Palestine. Firstly, the United States and the UN Security Council provide ample resistance to an independent Palestine. While Palestine passed the hurdle of a simple majority in the UN General Assembly, in order to become a full-fledged voting state in the United Nations, 9 of the 15 UN Security Council members must agree to Palestine’s assentation to statehood, including all five permanent members. Given their historical relations to Israel, the United States has threatened to veto Palestinian attempts at statehood should the issue come to a vote, including already voting against the Palestinian status of “non-member observer state” on Thursday (Mathes).
Secondly, the United States has threatened to cut aid to Palestine should it receive recognition as an independent state. Senators Lindsay Graham (R-SC) and Chuck Shumer (D-NY) have threatened over $900 million dollars in funding cuts if Palestine seeks to sue Israel in the International Criminal Court for reparations (Mathes). With US opposition to statehood, Palestine will need to make severe concessions to the United States and Israel if it seeks to attain member status at the United Nations.
Finally, Israel has threatened severe backlash should Palestine continue its path towards UN recognition. Senior Israeli officials have threatened to approve 3,000 new homes in Israeli-occupied territory since Thursday’s decision, reinforcing Israel’s decided opposition to Palestinian statehood (Associated Press). Escalated Israeli construction only seeks to antagonize the Palestinians and has previously shown able to derail peace talks between the two entities, demonstrated in the failed 2008 and 2010 peace summits (Associated Press). Unless Israel and Palestine can make severe concessions to each other, any hope for an independent Palestine or reduction in conflict on the Gaza Strip is doomed to failure.
I believe the only solution to resolving the Israeli-Palestinian conflict in light of Palestine’s recent achievements is a series of reciprocal concessions and conditions that result in a decisive border between the two states and a full withdrawal of military forces from Israel and Palestine. For Israel, the concessions should be both military and economic.  As a precondition to peace negotiations, Israel should back down from threats regarding constructed settlements in the Middle East, which clearly threatens historically Palestinian territory. On the other side, the leaders of the Palestinian Liberation Organization should agree not press charges against Israel for war crimes before the International Criminal Court. By absolving Israel of the legal battle over war crimes, Palestine can appease the United States and earn both their vote on the UN Security Council and aid for state construction.
Independent of the decisions of both states, the United Nations has two tasks to guide the Israeli-Palestinian peace and Palestinian statehood processes. Firstly, the United Nations should support that the disputed territory of Jerusalem and Bethlehem should retain its 1947 status of “corpus separatum” and become and international zone governed by the United Nations. The independence of Bethlehem and Jerusalem should be stripped of explicit religious jurisdiction in its recognition as an international territory. Secondly, the United Nations should recommend that Israel’s borders extend only to its pre-1967 boundaries and designate all former Palestinian territory outside of that border as under Palestinian sovereignty. With the resolution of the Israeli-Palestinian conflict as a precondition, the United States would approve Palestinian status as a member state in the United Nations Security Council. Through multiple reciprocal concessions, the states of Israel and Palestine can coexist peacefully in the international system.

Works Cited:

Associated Press. “US Seeks Way Forward for Middle East Peace Talks, at a Time Few
are Listening to Washington.” The Washington Post. 30 November 2012.
<http://www.washingtonpost.com/world/national-security/us-scrambles-to-salvage-hopes-for-mideast-peace-talks-resumption-after-palestinian-win-at-un/2012/11/30/b59335fe-3b27-11e2-9258-ac7c78d5c680_story.html>

Charbonneau, Louis. “What’s All the Fuss About a Palestinian UN Upgrade?” Reuters.
29 November 2012. <http://www.reuters.com/article/2012/11/29/us-palestinians-statehood-qa-idUSBRE8AS1HB20121129>

Hume, Tim and Ashley Fantz. “Palestinian United Nations Bid Explained” CNN. 30
November 2012. < http://www.cnn.com/2012/11/28/world/meast/un-palestinian-bid/index.html>

Mathes, Matthew. “US Laws Could Gut-Punch Palestinians on UN Recognition.” The
Daily Star. 1 December 2012. < http://www.dailystar.com.lb/News/Middle-
East/2012/Dec-01/196816-us-laws-could-gut-punch-palestinians-on-un-recognition.ashx#axzz2DpMarJytl>

Middle East Research and Information Project. “The United Nations Partition Plan.” No
date. <http://www.merip.org/palestine-israel_primer/un-partition-plan-pal-isr.html>

Ziabari, Kourosh. “Palestine’s UN Membership: the Beginning of a Long Way.” Al Arabiya News. 30 November 2012. <http://english.alarabiya.net/views/2012/11/30/252677.html>

2 comments:

  1. Do you believe that this is a good enough compromise for both sides? Both of these factions believe that the religious ground is theirs. Will they be offended if it is seen as no ones? Also, Israel will be losing some of its territory. How can you see these dynamics playing out in the future if they gain statehood?

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  2. I believe it's a good enough compromise for both sides. A few different international relations perspectives lend suport for the solution. From a realist perspective, the independence of Jerusalem and Bethlehem ensures a balance of power between both Israel and Palestine whereby neither would access the soft power and strategic geopolitical position both cities afford. From a liberal standpoint, trust in international institution like the United Nations affords the region a degree of security that is unavailable if both cities went towards one state or the other. Even if it the settlement offends both states, neither would challenge the authority of the United Nations and the result would be less violent than a protracted dispute between the two states over jurisdiction. Although Israel would lose its modern borders, settlement back to the 1967 borders adjusts for territory claimed by Israel through wars with modern day Palestine. These dynamics will likely lead to uneasiness and perhaps diplomatic hostility, but in the long run, the solution will allow for a fragile (and eventually, comfortable) peace in the region.

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