The Palestinian Petition to the United Nations for Recognition of a Palestinian State: A Legal/Political Analysis

Summary

This policy paper analyzes the possible measures that Palestinians might adopt in the UN framework, as well as the potential implications of these measures. The Palestinians decided to petition the UN Security Council as the first stage in the process towards acceptance of a Palestinian state as a full member of the UN. This initiative is apparently not expected to receive the necessary majority support within the Security Council. However, it seems that the act of placing the issue on the Security Council agenda is expected to yield political advantages for the Palestinians. 

This policy paper analyzes the consequences that would follow from recognition of Palestinian statehood, both in terms of the situation “on the ground” and in terms of the future political process and reactions of the international community to Israeli presence in territories beyond the Green Line.  The policy paper explores some of the principal competences granted to states and examines the uses that a Palestinian state could make of these as well as the resulting challenges and opportunities from Israel’s perspective. 

Key Points

A special chapter of the document is devoted to East Jerusalem. The uniqueness of East Jerusalem derives both from its annexation to the State of Israel and from the fact that the issue of Jerusalem incorporates other international interests such as religious interests linked to the sanctity of Jerusalem and its importance to the three monotheistic religions. The policy paper points out that, on the one hand, the Palestinians might conduct an intensive diplomatic and legal struggle against various measures adopted by Israel in implementing its sovereignty over East Jerusalem, a struggle that would be based on the universal rejection of the Israeli annexation of East Jerusalem as illegal.