Could the UN suspend Israel’s treatment of Palestinians? It’s a bit complicated but yes

“Where is the UN?It is a question that has been asked frequently since the start of Israel’s military offensive on Gaza. Aspect the death toll is rising And conflict is spreading“Unfortunately, the UN seems unable to fulfill its duty to save humanity.”from the scourge of war” – as it was set up for.

UN Secretary-General António Guterres has repeatedly condemned Israel – and it happened banned from the country for their pain – their pleas were ignored. UN attempts to impose sanctions on Israel also failed. UN sanctions require approval from the UN Security Council. USA used its power as a permanent member veto draft decisions to ensure this.

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There were also calls Suspension of Israel from the UN. On 30 October, Michael Fakhri, the UN special rapporteur on the right to food, appealed to the UN general assembly: Suspend Israel’s membership Because, as he said: “Israel is attacking the UN system.”

Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories He reportedly told a press conference On the same day, the UN “should consider suspending Israel’s eligibility to become a UN member until it ceases violating international law and withdraws its ‘manifestly unlawful’ occupation.”

But suspending a member’s membership is more complex and politically fraught than many realize.

Israel and the UN

For decades, Israel’s relations with the UN were tense. The main reason for this is the UN’s stance on what it defines as Israel’s policy. “illegal presence” in what he describes as “occupied territories” in Palestine. This relationship has deteriorated further in the last 12 months during the latest conflict in Gaza.

Many people argued that Israel did this. has been violated many times UN resolutions and agreements, genocide convention During his campaign in Gaza. Some UN officials blamed Israel and some Palestinian groups. commit war crimes. Israel also came into direct conflict with UN agencies. 230 UN personnel was killed during the attack, and many government and UN officials believed Israel was deliberately targeted UN peacekeepers are in Lebanon.

However, the hostility between Israel and the UN culminated with the statement of the Knesset, the Israeli parliament, on October 28. banned The UN Relief and Works Agency for Palestine Refugees (Unrwa) ceased its activities in Israel, a wave of condemnation.

UN powers

Given this open hostility towards the UN, it is not surprising that some are calling for Israel’s membership. will be suspended.

So can the UN legally expel a member? The answer is yes. Under Articles 5 and 6 The provisions of the UN Charter may be suspended or expelled if a member state is found to have “persistently violated the Principles contained in the present Charter”.

However, articles 5 and 6 both state that suspension and expulsion require the approval of the general assembly as well as the “recommendation of the security council”. Therefore, Israel’s suspension requires the consent of the five permanent members of the security council (USA, UK, China, Russia and France).

And given the US’s track record and current president Joe Biden’s endorsement of his view on this issue, “hard support” For Israel, this is truly unthinkable. But while it is therefore unlikely that Articles 5 or 6 will be applied against Israel, there is a potentially viable option.

South African precedent

At the beginning of each annual general meeting, credentials committee It examines applications from each member state before they are officially accepted. Usually this is a formality, but on September 27, 1974, South Africa, which was then operating a system of apartheid, was denied credentials.

Three days later, the general assembly accepted resolution 3207 He called on the Security Council to “review the relationship between the United Nations and South Africa in light of South Africa’s persistent violations of the principles of the Charter.”

A draft resolution calling for South Africa’s expulsion was submitted to the Security Council at the end of October but was vetoed by the US, UK and France.

However, on November 12, the president of the general assembly, Algerian Abdulaziz Bouteflika, said: decided this In view of the decision of the credentials committee and the adoption of resolution 3207, “the general assembly does not allow the South African delegation to participate in its work”. South Africa was suspended from the general assembly until June 1994 Following the end of apartheid.

It is worth noting that South Africa was not officially suspended from the UN, only from the general assembly. Despite everything, it was a very important move.

Is it a viable solution?

Can the same measure be applied against Israel and will it be effective? The South African example shows that this is legally possible. This would also undoubtedly send a strong message, simultaneously increasing Israel’s international isolation and restoring much-needed trust in the UN.

The 79th session of the UN general assembly began in September, so it is too late for the credentials committee to reject Israel. However, if sufficient political will exists, this is likely to happen before the 80th session next year. But that’s a big “if”.

Although the majority of states in the general assembly He criticized Israel a lotMany do not want the credentials committee to be more politically selective because they fear it could be used against them in the future. Likewise, few want to incur the wrath of the United States by suspending its ally.

As always, what is legally possible and what is politically possible are two different things.