The Independent Commission for Human Rights Palestine’s Status as an Observer State in the United Nations On November 29 2012, the United Nations General Assembly issued Resolution 67\19 of 2012, upgrading the status of the Palestinian National Authority (PNA) to Observer State in the United Nations.1 This resolution which was issued by the General Assembly of the United Nations pursuant to the proposal submitted by the Palestinian Representative at the UN, changing the designation of Palestine from a non-member entity to a non-member State2. This new status of Palestine, which is identical to that of the Holy See,3 gives Palestine the opportunity to join international organizations, including the International Criminal Court (ICC) and to ratify international conventions. The Charter of the United Nations allows nonmember States that are members of one or more specialized agencies to apply for the status of Permanent Observer in the UN. The status of Permanent Observer is based purely on practice, and there are no provisions for it within the United Nations Charter. The practice dates from 1946, when the Secretary-General of the UN accepted the designation of the Swiss Government as a Permanent Observer to the United Nations. Candidates for Permanent Observer status were subsequently put forward by certain States; the Observers later becoming United Nations Members, including Austria, Finland, Italy and Japan. Switzerland, for example, became a UN Member on 10 September 2002. Permanent Observers have free access to most meetings and relevant documentation. Many regional and international organizations are also Observers in the annual sessions of the General Assembly. According Palestine the status of being a Permanent Observer State in the UN has several legal implications. First of all, it changed its designation from being an observer entity to Observer State, whereby it is afforded legal personality in international law which regulates relations between States. The States with this status enjoy the rights of and abide by the obligations put forward under international law. Thus, States are considered, pursuant to the provisions of international law, as persons of international law because they have the ability to establish international rules with one 1 2 3 On this date, International Solidarity Day with the people of Palestine is celebrated. The voting record shows 138 States in favor of this decision, (9) States against and (41) abstained. Palestine exercised its right to vote pursuant to its new mandate at the UN on November 18, 2013 in electing one of the Judges of the International Criminal Tribunal for former Yugoslavia. 6

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