Introduction
This report is complementary to a legal report prepared by the Independent Commission for Human Rights entitled Palestine and Its Status as a Member State in the United
Nations1. We try through this report to address several concerns about the rights and
privileges of Palestine, formally a Non-Member Observer State at the United Nations
since November 29, 2012. It explores the legal entitlements and obligations of the State
of Palestine and the legal status of the Palestine Liberation Organization following this
new status, and also sheds light on the impact of the General Assembly (GA) recognition
of Palestine as an obsesrver state on Israel as the occupying power. Another issue to be
considered concerns the obligations of the State of Palestine to sign and ratify the United
Nations’ core human rights treaties, as well as the role of the Independent Commission
for Human Rights as Ombudsman in light of this development, taking into account the
unique circumstances of recognition of Palestine as a non-member observer state, and
any special consideration of such status to be accorded to Palestine while it is still under
occupation.
A review of international law shows that the UN Charter is lacking in any provisions
clarifying the status of observer state at the UN. It was defined and took shape within the
bodies of the United Nations through practical experience, and based on some countries
joining the United Nations as non-member observer states. We focus much on the experience of the Holy See in our legal and practical analysis to define the rights and privileges
which the State of Palestine will encounter with its new status. International law is not a
mechanical tool that applies to all cases in the same way, as there are political factors we
need to take into account in this context and other factors to which we can have no answer
unless we have examples from practical experience.
While looking into international experiences similar to the Palestinian situation, we
discuss three applications submitted to the (UNSC) to obtain membership. These applications were submitted by newly independent countries which were able to ultimately
achieve full membership (Namibia, Micronesia, Marshall Islands)2.
1
Yaser Alawneh, Palestine and its Membership as a State at the United Nations, ICHR, Ramalla, Palestine,
September 2011. For more see ICHR’s website.
2 See http://www.un.org/en/members/about.shtml
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