Conclusions and Recommendations
Conclusions
1. The legal review of international law shows that the UN Charter does not account
for or have any provisions or clauses referring to the status of an observer state in the
United Nations. It is the practical experience of the observer states in the UN that has
defined that status and the nature of that status.
2. Observer states have the right to accede to international conventions and treaties in
addition to specialized UN agencies and the Human Rights Council.
3. Observer states may participate effectively in the work of the General Assembly and
the HRC by presenting written interventions, expressing opinion and nominating ad
litem judges, although they do not have the right to vote or nominate judges from their
own countries.
4. Palestine’s status as an observer state has several legal consequences resulting from its
transformation from “entity” to “state”, this change of its legal status challenging Israeli claims that the Palestinian territory is disputed land, and reaffirming previous UN
resolutions which emphasize that the Palestinian territory which has been occupied
since 1967 is occupied territory.
5. Apply the UN Charter in reminding states parties of their responsibilities regarding the
State of Palestine, which is under the occupation of a member state.
6. Reaffirmation that Palestinian territory is still under Israeli occupation, and applicability of the Geneva Conventions to it, especially Geneva Convention IV in regard to the
protection of people in time of war, and the obligations of an occupying power.
7. The newly found status of Palestine in the UN may promote the opportunity for Palestine to accede to Rome Statute and opens new prospects despite any obstacles and
lengthy procedures prior to having the ability to bring war criminals before the ICC.
8. The newly found status of Palestine may contribute to or promote Palestine’s accession
to the Statute of International Court of Justice in The Hague.
9. The newly found status of Palestine may enable it to ratify the international human
rights conventions and treaties and accede to several UN agencies. It may also enable it
to attend the sessions of the HRC and effectively participate in the work of that council
orally or by written intervention.
10. Palestine shall have to submit a UPR before the HRC and bear the legal responsibilities in the event of ratifying and signing the human rights conventions by submitting
periodic reports about the measures it takes at the national level to enforce these conventions.
11. Palestine should amend some of its national legislation by submitting provisions that
provide stringent penal sanctions against grave violations of human rights.
12. National human rights institutions play a very important role in providing advice and
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