(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Archiv: Volle Mitgliedschaft in den Vereinten Nationen / full membership to the United Nations
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
UN should consider suspending Israel, says rapporteur
(November 1,2024)
Francesca Albanese made her remarks during a session of a U.N. committee focused on the inalienable rights of Palestinians on Oct. 30, just a day after releasing a report accusing Israel of committing war crimes and genocide in Gaza.
„It is time to consider suspending the credentials of Israel as a member state of the U.N.,“ Albanese stated. She acknowledged the sensitivity surrounding the issue, emphasizing that many member states also have troubled human rights records.
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whom soever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
(…)
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
South Africa Is Suspended By U.N. Assembly, 91‐22
(Nov. 13, 1974)
The vote of 91 to 22 was taken to uphold a ruling by the Assembly‘s President, Foreign Minister Abdelaziz Bouteflika of Algeria, suspending South African participation.
The United States unsuccessfully challenged the ruling, Which was also opposed by Britain, a number of Western Europeans and South Americans, and some others. Nineteen countries abstained.
Gaza: can the UN suspend Israel over its treatment of Palestinians? It’s complicated, but yes
At the start of each annual general assembly session, the credentials committee reviews submissions from each member state before they are formally admitted. Usually, this is a formality, but on September 27 1974, the credentials of South Africa – which was then operating an apartheid system – were rejected.
(…)
A draft resolution calling for South Africa’s expulsion was eventually put to the security council at the end of October, but it was vetoed by the US, the UK and France.
However, on November 12, the president of the general assembly, Algeria’s Abdelaziz Bouteflika, ruled that given the credentials committee’s decision and the passing of resolution 3207, “the general assembly refuses to allow the delegation of South Africa to participate in its work”. South Africa remained suspended from the general assembly until June 1994 following the ending of apartheid.
Rapporteur calls for suspension of Israel‘s UN membership
„I do believe that the impunity that has been granted to Israel has allowed it to become a serial violator of international law,“ Francesca Albanese, UN special rapporteur on the situation of human rights in the Palestinian territories, said at a news conference.
Albanese said she recommends that the General Assembly consider the suspension of Israel‘s credential as a member of the UN until it ends violating international laws and withdraws the occupation, which she said is „clearly unlawful.“
(…)
„The International Court of Justice has ordered Israel to withdraw, unconditionally, totally, rapidly as possible its military presence, dismantling the colonies, stopping the seizing the exploitation of natural resources on the occupied Palestinian territory and making also reparations,“ Albanese added.
Arab League to hold emergency meeting on Israeli ban on UNRWA
Jordan filed a formal request Tuesday for the Arab League to convene this emergency meeting to formulate a collective response to Israel‘s ban on UNRWA.
Israel is at war with the UN. It is time to revoke its membership
Unrwa’s commissioner-general, Philippe Lazzarini, has warned that the Knesset vote „opposes the UN Charter and violates the State of Israel’s obligations under international law“.
In a letter to the president of the UN General Assembly, Lazzarini added that „under such physical, political and operational attack“ Unrwa’s fulfilling of its mandate will become impossible without the intervention of the General Assembly.
(…)
Back in 1974 the General Assembly voted to suspend South Africa from participation in its work due to international opposition to its apartheid policies.
It worked with South Africa, it will work with Israel.
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Could Israel‘s Unrwa ban lead to its suspension from the UN?
Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.
“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.
“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.”
Europäische und arabische Staaten dringen auf Zweistaatenlösung
An dem Treffen in der spanischen Hauptstadt nahmen der palästinensische Regierungschef Mohammed Mustafa, die Außenminister Katars, Saudi-Arabiens, Ägyptens und der Türkei sowie die Generalsekretäre der Arabischen Liga und der Organisation für Islamische Zusammenarbeit teil.
Die EU war durch ihren Außenbeauftragten Josep Borrell vertreten. Zudem nahmen die Außenminister Irlands, Norwegens, Sloweniens und Spaniens an den Gesprächen teil. Alle vier Länder hatten vor einigen Monaten offiziell einen eigenständigen palästinensischen Staat anerkannt.
UN likely to vote next week on push to end Israel presence in Palestinian territory
(September 9,2024)
The United Nations General Assembly is likely to vote next week on a Palestinian draft resolution demanding Israel end „its unlawful presence in the Occupied Palestinian Territory“ within six months.
The key aim of the draft resolution, written by the Palestinian Authority and seen by Reuters, is to welcome a July advisory opinion by the International Court of Justice that said Israel‘s occupation of Palestinian territories and settlements is illegal and should be withdrawn.
The Palestinian Authority‘s diplomatic war continues – editorial
Ever since then-PLO chairman Yasser Arafat, infamously carrying a pistol, spoke at the UN in 1974, the Palestinian situation has not significantly changed. In fact, as the situation in Gaza attests, it has only gotten worse – despite the PA winning vote after vote in the UN General Assembly.
If the Palestinians had spent the same energy over the past half-century building up the areas under their control in the West Bank and Gaza rather than demonizing Israel on the world stage, their situation today would be markedly different and much better.
Rules of procedure: XIV. Admission of New Members to the United Nations
Applications
Rule 134
Any State which desires to become a Member of the United Nations shall submit an application to the Secretary-General. Such application shall contain a declaration, made in a formal instrument, that the State in question accepts the obligations contained in the Charter. [See introduction, para. 8]
Notification of applications
Rule 135
The Secretary-General shall, for information, send a copy of the application to the General Assembly, or to the Members of the United Nations if the Assembly is not in session. [See introduction, para. 8]
Consideration of applications and decision thereon
Rule 136
If the Security Council recommends the applicant State for membership, the General Assembly shall consider whether the applicant is a peace-loving State and is able and willing to carry out the obligations contained in the Charter and shall decide, by a two-thirds majority of the members present and voting, upon its application for membership.
Rule 137
If the Security Council does not recommend the applicant State for membership or postpones the consideration of the application, the General Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, together with a full record of the discussion in the Assembly, for further consideration and recommendation or report. [See introduction, para. 8]
Notification of decision and effective date of membership
Rule 138
The Secretary-General shall inform the applicant State of the decision of the General Assembly. If the application is approved, membership shall become effective on the date on which the General Assembly takes its decision on the application. [See introduction, para. 8]
Could the Palestinians get UNGA membership?
The May vote by the General Assembly was a global survey of support for the Palestinian bid to become a full member – a move that would effectively recognize a Palestinian state – after the United States vetoed it in the U.N. Security Council in April.
The Palestinians remain a non-member observer state as the 15-member Security Council has not acted on the General Assembly recommendation.
Palestine to seek end to ‘unlawful’ Israel occupation within 12 months at UN
Palestine’s permanent mission to the UN is expected to present a draft resolution to the UN General Assembly next week demanding Israel to end its presence in the Occupied Palestinian Territories within 12 months, according to a document obtained by Anadolu on Thursday.
State of Palestine takes a seat in the UN General Assembly
This significant moment follows a decision by the General Assembly in May, where a majority of members voted in favor of granting Palestine full membership rights. This resolution came after the United States used its veto power in the Security Council to block Palestine‘s bid for full UN membership. (…)
To be granted full UN membership, a state must receive a two-thirds majority vote from the General Assembly following a positive recommendation from the Security Council.
The U.S. vetoed this recommendation on April 18, preventing Palestine from achieving full membership.
Oct. 25, 1971 | People’s Republic of China In, Taiwan Out, at U.N.
(October 25, 2011)
On Oct. 25, 1971, the United Nations General Assembly voted to admit the People’s Republic of China (mainland China) and to expel the Republic of China (Taiwan). The Communist P.R.C. therefore assumed the R.O.C.’s place in the General Assembly as well as its place as one of the five permanent members of the U.N. Security Council. (…)
The United States, the most significant opponent of the resolution, then argued for the P.R.C. to be admitted separately from the R.O.C., which would have allowed the R.O.C. to retain its spot. The proposal was defeated.
South Africa Is Suspended By U.N. Assembly, 91‐22
(Nov. 13, 1974)
The vote of 91 to 22 was taken to uphold a ruling by the Assembly‘s President, Foreign Minister Abdelaziz Bouteflika of Algeria, suspending South African participation.
The United States unsuccessfully challenged the ruling, Which was also opposed by Britain, a number of Western Europeans and South Americans, and some others. Nineteen countries abstained.
UN General Assembly to vote on resolution for Palestine membership
„What we‘re concerned about is the precedent it sets. It‘s clearly outlined in the UN Charter, the procedure, the process for obtaining full membership in the United Nations, and any kind of a process that goes around that, to us is very concerning,“ Robert Wood, US deputy ambassador to the UN, told reporters in New York on Tuesday.
„What they [Palestinians] should be doing is sitting down with Israel at the appropriate point,…
Rules of procedure: XIV. Admission of New Members to the United Nations
Applications
Rule 134
Any State which desires to become a Member of the United Nations shall submit an application to the Secretary-General. Such application shall contain a declaration, made in a formal instrument, that the State in question accepts the obligations contained in the Charter. [See introduction, para. 8]
Notification of applications
Rule 135
The Secretary-General shall, for information, send a copy of the application to the General Assembly, or to the Members of the United Nations if the Assembly is not in session. [See introduction, para. 8]
Consideration of applications and decision thereon
Rule 136
If the Security Council recommends the applicant State for membership, the General Assembly shall consider whether the applicant is a peace-loving State and is able and willing to carry out the obligations contained in the Charter and shall decide, by a two-thirds majority of the members present and voting, upon its application for membership.
Rule 137
If the Security Council does not recommend the applicant State for membership or postpones the consideration of the application, the General Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, together with a full record of the discussion in the Assembly, for further consideration and recommendation or report. [See introduction, para. 8]
Notification of decision and effective date of membership
Rule 138
The Secretary-General shall inform the applicant State of the decision of the General Assembly. If the application is approved, membership shall become effective on the date on which the General Assembly takes its decision on the application. [See introduction, para. 8]
Palestinians seek UN General Assembly backing for full membership
(06.05.2024)
The United Nations General Assembly could vote on Friday on a draft resolution that would recognize the Palestinians as qualified to become a full U.N. member and recommend that the U.N. Security Council „reconsider the matter favorably.“
It would effectively act as a global survey of how much support the Palestinians have for their bid, which was vetoed in the U.N. Security Council last month by the United States.
Peace starts with Palestine’s UN membership
On May 10, the United Nations’ 193 member states can end the Gaza war and the longstanding suffering of the Palestinian people by voting to admit Palestine as the 194th UN member state.
Meeting Two Weeks after United States Vetoes Security Council Resolution Recommending Full UN Membership for Palestine, General Assembly Debates Ramifications
For his part, the observer for the State of Palestine said that Israel’s occupation is descending “to deeper levels of depravity” as it tries to push Palestinians “out of geography and out of history”. It has forcibly displaced two thirds of Palestinians in Gaza all the way to Rafah at the Palestine-Egypt border and now threatens to invade that city at any moment. This “gruesome scenario” must be prevented at all costs and indiscriminate killing, wounding, siege, starvation and collective punishment must be brought to an immediate end. This methodological devastation and dismantling of the requirements for life in Gaza “is an integral part of attempts to erase a nation by destruction, displacement and death”, he said, emphasizing that there are only two paths ahead — “one that leads to shared life, and one that leads to common death”.
“The admission of the State of Palestine to the UN is an unequivocal signal that Palestinian self-determination and Statehood are not subject to the whims and will of the extremists in Israel,” he went on. Further, he questioned how those who supported Israel’s admission — while it was violating the UN Charter and fundamental UN resolutions in isolation from a just solution — can explain that Palestine’s admission, 75 years later, should be conditioned on the achievement of such a solution. “The world’s double standards are not enough to describe how absurd this logic is,” he underscored, adding: “We will take our rightful place among the community of nations, sooner or later.” This matter will be brought before the Assembly for consideration on 10 May, and he expressed hope that the Assembly will unequivocally support Palestine’s admission to the UN and called on the Security Council to reconsider Palestine’s application favourably.
May 2024 Monthly Forecast – In Hindsight: Applying to be a Member of the UN: The Palestinian Case
This appeared the most likely scenario on 24 April, when the chairs of the Arab Group, Organisation of Islamic Cooperation, and the Non-Aligned Movement wrote to the president of the General Assembly, citing the US veto and requesting the resumption of the Tenth Emergency Special Session (ESS). However, it seems that the ESS could not meet within the ten-day period after the veto and expects to do so on 10 May. In light of this, the president of the General Assembly wrote to all member states on 26 April informing them that he would convene a General Assembly meeting under the agenda item “use of the veto”, as well as an ESS.
The Arab Group is expected to present a draft resolution at the ESS. In accordance with rule 137 of the General Assembly’s rules of procedure, the resolution could request the Council to reconsider the application of the State of Palestine. This was done in the case of Viet Nam on 26 November 1976, …
UN General Assembly to resume emergency special session on Mideast
(May 2, 2024)
Under UN rules, the admission of new members has to be recommended by the Security Council before a vote in the General Assembly. If the Security Council does not recommend the application or postpones its consideration of the application, the council then must submit a special report to the General Assembly, which in turn could ask the council to reconsider.
The Latest | Blinken says Israel will open a major aid crossing into hard-hit northern Gaza
Here’s the latest:
PALESTINIANS WANT U.N. GENERAL ASSEMBLY TO RECONSIDER THEIR BID FOR FULL MEMBERSHIP (…)
Riyad Mansour, the Palestinian U.N. ambassador, told The Associated Press late Tuesday that the vote will take place on May 10.
PA wants UN to reconsider full membership
A draft Palestinian resolution obtained by the Associated Press on Tuesday would give the P.A. “the rights and privileges” accorded to the other 193 member nations of the international body.
Rules of procedure: XIV. Admission of New Members to the United Nations
Applications
Rule 134
Any State which desires to become a Member of the United Nations shall submit an application to the Secretary-General. Such application shall contain a declaration, made in a formal instrument, that the State in question accepts the obligations contained in the Charter. [See introduction, para. 8]
Notification of applications
Rule 135
The Secretary-General shall, for information, send a copy of the application to the General Assembly, or to the Members of the United Nations if the Assembly is not in session. [See introduction, para. 8]
Consideration of applications and decision thereon
Rule 136
If the Security Council recommends the applicant State for membership, the General Assembly shall consider whether the applicant is a peace-loving State and is able and willing to carry out the obligations contained in the Charter and shall decide, by a two-thirds majority of the members present and voting, upon its application for membership.
Rule 137
If the Security Council does not recommend the applicant State for membership or postpones the consideration of the application, the General Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, together with a full record of the discussion in the Assembly, for further consideration and recommendation or report. [See introduction, para. 8]
Notification of decision and effective date of membership
Rule 138
The Secretary-General shall inform the applicant State of the decision of the General Assembly. If the application is approved, membership shall become effective on the date on which the General Assembly takes its decision on the application. [See introduction, para. 8]
Palestinians want UN General Assembly to seek reconsideration of full membership
General Assembly resolutions are not legally binding — as Security Council resolutions are — but they are a reflection of global opinion.
The United States is scheduled to defend its veto of the widely backed Security Council resolution Wednesday morning in the General Assembly. It would have paved the way for Palestine to become the 194th member of the United Nations.
Oct. 25, 1971 | People’s Republic of China In, Taiwan Out, at U.N.
(October 25, 2011)
On Oct. 25, 1971, the United Nations General Assembly voted to admit the People’s Republic of China (mainland China) and to expel the Republic of China (Taiwan). The Communist P.R.C. therefore assumed the R.O.C.’s place in the General Assembly as well as its place as one of the five permanent members of the U.N. Security Council. (…)
The United States, the most significant opponent of the resolution, then argued for the P.R.C. to be admitted separately from the R.O.C., which would have allowed the R.O.C. to retain its spot. The proposal was defeated.
Rules of procedure: XIV. Admission of New Members to the United Nations
Applications
Rule 134
Any State which desires to become a Member of the United Nations shall submit an application to the Secretary-General. Such application shall contain a declaration, made in a formal instrument, that the State in question accepts the obligations contained in the Charter. [See introduction, para. 8]
Notification of applications
Rule 135
The Secretary-General shall, for information, send a copy of the application to the General Assembly, or to the Members of the United Nations if the Assembly is not in session. [See introduction, para. 8]
Consideration of applications and decision thereon
Rule 136
If the Security Council recommends the applicant State for membership, the General Assembly shall consider whether the applicant is a peace-loving State and is able and willing to carry out the obligations contained in the Charter and shall decide, by a two-thirds majority of the members present and voting, upon its application for membership.
Rule 137
If the Security Council does not recommend the applicant State for membership or postpones the consideration of the application, the General Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, together with a full record of the discussion in the Assembly, for further consideration and recommendation or report. [See introduction, para. 8]
Notification of decision and effective date of membership
Rule 138 PDF
The Secretary-General shall inform the applicant State of the decision of the General Assembly. If the application is approved, membership shall become effective on the date on which the General Assembly takes its decision on the application. [See introduction, para. 8]
Rules of procedure: I. Sessions
Rule 8
(a) Special sessions of the General Assembly shall be convened within fifteen days of the receipt by the Secretary-General of a request for such a session from the Security Council or from a majority of the Members of the United Nations or of the concurrence of a majority of Members as provided in rule 9.
(b) Emergency special sessions pursuant to General Assembly resolution 377 A (V) shall be convened within twenty-four hours of the receipt by the Secretary-General of a request for such a session from the Security Council, on the vote of any nine members thereof, or of a request from a majority of the Members of the United Nations expressed by vote in the Interim Committee or otherwise, or of the concurrence of a majority of Members as provided in rule 9.
Request by Members
Rule 9
(a) Any Member of the United Nations may request the Secretary-General to convene a special session of the General Assembly. The Secretary-General shall immediately inform the other Members of the request and inquire whether they concur in it. If within thirty days of the date of the communication of the Secretary-General a majority of the Members concur in the request, a special session of the General Assembly shall be convened in accordance with rule 8.
(b) This rule shall apply also to a request by any Member of the United Nations for an emergency special session pursuant to resolution 377 A (V). In such a case, the Secretary-General shall communicate with the other Members by the most expeditious means of communication available.
US vetoes Palestine’s request for full UN membership
In a vote of 12 in favour to one against, with two abstentions, the Council did not adopt a draft resolution that would have recommended the General Assembly to hold a vote with the broader UN membership to allow Palestine to join as a full UN Member State.
The draft resolution is among the shortest in the Council’s history: “The Security Council, having examined the application of the State of Palestine for admission to the United Nations (S/2011/592), recommends to the General Assembly that the State of Palestine be admitted to membership in the United Nations.”