16 No. 72 JUSTICE Furthermore, after the vote, even a number of States that voted in favor of the Resolution explained that the Resolution did not mean recognizing “Palestine” as a State. The French delegate, for example, declared, “The international recognition that the Assembly has today given the proposed Palestinian State can become fact only through an agreement based on negotiations between the two parties.” The Swiss delegate specified, “This decision does not involve a bilateral recognition of a Palestinian State.”11 The new 2024 Resolution explicitly states that “The State of Palestine is qualified for membership in the UN.”12 The Resolution further resolved to grant Palestine all the participation privileges of a State member of the UN except “the right to vote in the General Assembly or to put forward its candidature to UN Organs.”13 This 2024 UNGA Resolution was adopted by a two-thirds majority, however nine States voted against it and 25 States abstained, most of which made statements that admission of new members required Security Council recommendation, and therefore the General Assembly should not be adopting such a Resolution. Other States explicitly stated they were not recognizing Palestine as a State. The representative of Italy explained that “Italy is a firm supporter of the principle ‘two people, two states.’ We believe such a goal must be achieved through direct negotiations between the Parties. This is why we decided to abstain.”14 The representative of Austria declared that “Austria remains committed to this goal, but we believe that genuine peace and security for Israelis and Palestinians alike can only be achieved through a political process. A symbolic recognition of Palestine will not bring about the changes that Palestinians aspire to and deserve. For this reason, Austria abstained.”15 The representative of Latvia explained that “Latvia abstained because we continue to believe official recognition of a Palestinian State should only be conducted in the framework of a negotiated agreement in accordance with international parameters.”16 As for the procedural issue, the previous situation was that Palestine had been granted the status of a non-member State, the 2024 Resolution extends the procedural rights to include all the rights of member States,17 but retains the exception that “Palestine” does not have “the right to vote in the General Assembly or to put forward its candidature to UN Organs.”18 Thus the changes in the procedural rights are insubstantial. Normally membership in the UN is recognized as evidence of statehood, but there have been historical exceptions. In 1945 Byelorussia and Ukraine were accepted as members of the UN even though they were legally autonomous regions of the USSR. This was done as part of a political deal to increase the voting power of the Eastern bloc. The General Assembly could not accept Palestine as a member State of the UN, as accepting new members requires a recommendation by the UN Security Council and the United States had vetoed such a Security Council recommendation. The UNGA vote, presumably, expresses the view of those States that voted in favor, that Palestine is a State. The issue, however, of whether the view of a large number of States can actually transform “Palestine” into a State if it was not a State before the vote still remains. UNGA Resolutions do not create international law and are not binding on States. The General Assembly can only grant membership in the UN on the recommendation of the Security Council. Hence, the General Assembly pronouncement is, in the absence of a recommendation by the Security Council, a purely political statement of support. Was Palestine a State before the UNGA vote? A State has been defined as “a community which consists of a territory and a population subject to an organized political 11. GA Res. 67, UN GOAR 67th Sess., UN Doc. A/67/PV.44 (Nov. 29, 2012). 12. Supra note 1, at para. 1. 13. Supra note 1, Annex. 14. H.E. Amb. Maurizio Massari, “Statement delivered by H.E. Maurizio Massari, Permanent Representative of Italy to the United Nations at XXII Assembly of States Parties to the Rome Statute New York,” Dec. 7, 2023, available at https://italyun.esteri.it/en/news/dalla_ rappresentanza/2023/12/statement-delivered-by-h-emaurizio-massari-permanent-representative-of-italy-tothe-united-nations-at-xxii-assembly-of-states-partiesto-the-rome-statute-new-york-7-december-2023/ 15. Supra note 1. 16. H.E. Sanita Pavļuta-Deslandes, “Explanation of vote of the Republic of Latvia (after the vote) on the Resolution “On Admission on new Members of the UN,” delivered May 10, 2024, available at https://www2.mfa.gov.lv/ en/newyork/news/71216-explanation-of-vote-of-therepublic-of-latvia-after-the-vote-on-the-resolution-onadmission-on-new-members-of-the-unitednations#:~:text=Mr%20President%2C,in%20 accordance%20with%20international%20parameters. 17. Supra note 1, Annex at para. (a) – (j). 18. Id., Annex at [para. (l)].
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