Part II
Consequences of Palestine’s Observer Status regarding International Humanitarian Law and International Criminal
Law
Palestine’s new status as an observer state in the United Nations has legal consequences, including transformation from an entity in the United Nations to non-member state
whereby Palestine has become a legal person within the body of international law which
governs relations between states. As legal persons of international law, “States” have
rights and duties regulated by the rules of the international law. The state can refer to the
UN Charter; Article (1) in particular affirms a peoples’ right of self-determination, settlement of international disputes or situations which might lead to a breach of the peace;
and development of friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples. The states, being subject to international
law, have legal responsibilities as members of the UN towards other members, and so
these member States have legal obligations towards Palestine, which is still under occupation. With this in mind, Article (6) of the United Nations’ Charter states “a member of
the United Nations which has persistently violated the Principles contained in the present
Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.”
Part II also discusses the legal consequences of upgrading the status of Palestine to observer state from the perspective of International Humanitarian Law and International
Criminal Law. In addition, it discusses Palestine’s accession to these two bodies of law.
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