On May 10, 2024, the UN General Assembly passed overwhelmingly, with only nine negative votes (Argentina, Czechia, Hungary, Israel, Micronesia, Nauru, Palau, Papua New Guinea and the United States) a resolution (https://documents.un.org/doc/undoc/ltd/n24/129/97/pdf/n2412997.pdf) which “Determines that the State of Palestine is qualified for membership in the United Nations and should therefore be admitted to membership in the United Nations” and “Accordingly recommends that the Security Council reconsider the matter favorably.”
Early foreign policy appointments, both formally announced and authoritatively rumored, by President-elect Donald Trump make clear that there is absolutely no chance that his incoming administration would permit the Security Council to approve an upgrade in the status of the State of Palestine from observer state to full member state.
In addition, prominent members of the Israeli government, including Prime Minister Netanyahu, are expressing the expectation (https://www.aljazeera.com/news/2024/11/11/far-right-israeli-minister-orders-preparations-for-west-bank-annexation) that, in 2025, the second Trump administration will bless and recognize Israel’s formal annexation of the West Bank, as the first Trump administration recognized Israel’s formal annexation of occupied East Jerusalem and the occupied Syrian Golan Heights, thereby definitively destroying any possibility of Palestinian self-determination and freedom, and Trump has named a public supporter of Israeli annexation of the West Bank as his ambassador to Israel (https://news.antiwar.com/2024/11/12/trump-picks-mike-huckabee-supporter-of-israeli-annexation-as-ambassador-to-israel).
There is, however, one tiny glimmer of hope in this darkness.
On December 23, 2016, after Trump’s first election but before he took office, President Barack Obama instructed his UN ambassador to abstain, and thereby to permit the adoption by a 14-0 vote, in the vote on UN Security Council Resolution 2334 (https://press.un.org/en/2016/sc12657.doc.htm), which reaffirmed that Israel’s establishment of settlements in Palestinian territory occupied since 1967, including East Jerusalem, had no legal validity, constituting a flagrant violation of international law, and which reiterated the Security Council’s demand that Israel immediately cease all settlement activities in the occupied Palestinian territory, including East Jerusalem.
Obama’s abstention decision constituted an act of insubordination and disobedience which shocked the Israeli government, and it would have been inconceivable at any previous time during his presidency or if Hillary Clinton had been elected to succeed him. One may assume that Obama did not wish virtually has last act as president to be a final demonstration of his contempt for international law and the views and values of the vast majority of mankind.
While Israel could and, unsurprisingly, has ignored UN Security Council Resolution 2334, a UN Security Council resolution approving full UN member state status for the State of Palestine would create a fact that no country could ignore. The occupation of the entire territory of a UN member state by another UN member state, which, in the case of Palestine, the International Court of Justice has recently confirmed (https://www.icj-cij.org/node/204176) is unlawful and must rapidly end, could not be permitted to stand indefinitely or without prompt and significant consequences.
Might Biden, who has been repeatedly humiliated and treated with contempt by Netanyahu notwithstanding his having given Israel everything it has sought, militarily, financially and diplomatically, as it has pursued its genocidal assault against the Palestinian people, follow the Obama precedent and finally assert his personal freedom and independence by instructing his UN ambassador to abstain from a Security Council vote on a new application by the State of Palestine for full UN member state status?
The period between today and January 20 offers the best opportunity for full UN membership which the State of Palestine has ever had, and it may be the last opportunity.
The State of Palestine and its friends throughout the world should try.
John V. Whitbeck is a Paris-based international lawyer.