Faculty Forum - Featured Post Posted on Wednesday, December 05, 2012

The United Nations, Recognition & International Law: Is Palestine Now a State?

The United Nations General Assembly voted Thursday, by an impressive margin, to upgrade Palestine from its status as an “Observer Entity” to an “Observer State,” a change greeted by celebration in the West Bank and Gaza Strip, and with an unusual display of emotion at U.N. Headquarters — a Palestinian flag unfurled on the Assembly floor.

But what exactly did the Palestinians really gain at the world body? The resolution referred to the “right of the Palestinian people to self-determination and to independence in their State of Palestine.”

So, is Palestine now a State?

Here’s what the U.N.’s own charter, and international law have to say on the matter:

“The recognition of a new State or Government is an act that only other States and Governments may grant or withhold. It generally implies readiness to assume diplomatic relations. The United Nations is neither a State nor a Government, and therefore does not possess any authority to recognize either a State or a Government,” according to the United Nations.

A state may be considered a state by other countries, but not be a member of the U.N. — as is the case with the Holy See and Kosovo, for example. The United States recognizes 195 states, whereas there are only 193 members of the U.N.

U.S. Ambassador to the U.N. Susan Rice made the U.S. government’s stance on the Palestinians abundantly clear after Friday’s vote, telling the assembly: “This resolution does not establish that Palestine is a state.”

It’s also worth mentioning that U.N. membership does not necessarily mean independent statehood. India was a member of the U.N. in 1945, two years before it became independent from Britain.


Falk received her J.D. from Columbia University School of Law and her Ph.D. from New York University. @PamelaFalk