When it comes to recognising Palestinian statehood, the UK and US seem unable to grasp what their solemn obligations are. Fortunately, UN Resolution 37/43 of December 1982 is there to help.
It comprehensively reaffirms previous resolutions and treaties on the universal right to self-determination and the speedy granting of independence to colonial countries and peoples to provide an effective guarantee that human rights may be observed. And note the words “speedy granting”. Palestinians have been kept waiting for over 100 years for an effective guarantee of their human rights.
37/43 considers that denying the Palestinian people their inalienable rights to self-determination, sovereignty, independence, and return to Palestine, and the repeated acts of aggression by Israel against the peoples of the region, constitute a serious threat to international peace and security. In general:
It calls on all States to implement fully and faithfully the resolutions of the United Nations regarding the exercise of the right to self-determination and independence by peoples under colonial and foreign domination.
It reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity, and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle.
It strongly condemns the continued violations of the human rights of people still under colonial and foreign domination and alien subjugation.
It strongly condemns those Governments that do not recognize the right to self-determination and independence of all peoples still under colonial and foreign domination and alien subjugation, notably the Palestinian people.
It strongly condemns the expansionist activities of Israel in the Middle East and the continual bombing of Palestinian civilians, which constitute a serious obstacle to the realization of the self-determination and independence of the Palestinian people.
It urges all States, competent organizations of the United Nations system, specialized agencies, and other international organizations to extend their support to the Palestinian people in the struggle to regain their right to self-determination and independence in accordance with the Charter of the United Nations.
It demands the immediate and unconditional release of all persons detained or imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and the observance of article 5 of the Universal Declaration of Human Rights which says: “No-one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Also Article 19 under which “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
It urges all States, specialized agencies, and competent organizations of the United Nations system to do their utmost to ensure the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to intensify their efforts to support peoples under colonial, foreign, and racist domination in their just struggle for self-determination and independence.
Can the UN be relied on?
Let’s remind ourselves about the Purposes of the United Nations:
To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.
And what does the UN Charter expect of its Member States in a situation like Israel’s genocide in Gaza and escalation of its decades-long brutal and illegal occupation of the West Bank, including East Jerusalem?
The Charter’s stated aims are “to save succeeding generations from the scourge of war…. and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom”. Sounds good.
And the Charter’s numerous Articles explain the dos and don’ts. Here are some:
- A Member of the United Nations which has persistently violated the Principles contained in the Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
- All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
- All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
- The Members of the United Nations agree to accept and carry out the decisions of the Security Council.
- The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
- Should the Security Council consider that measures taken so far are inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockades, and other operations by air, sea, or land forces of Members of the United Nations.
- All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
- In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action.
- The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
- In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
What of the International Court of Justice (ICJ)?
This is the principal judicial organ of the United Nations, and its function forms an integral part of the Charter. All Members of the United Nations are thus parties to the Statute of the ICJ, although some (such as China, India, Russia, and the US) reject the ICJ’s jurisdiction, which undermines the whole idea of universal accountability.
Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it thinks necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.
The UN seems to have all angles covered and the necessary machinery to deal with the world’s evils. So what can possibly go wrong?
Lots. And some say it was designed to fail.
The likes of Starmer, Lammy, Trump, and Vance appear ignorant of the obligations their countries signed up to. Even when enlightened, they don’t care. And if one or two leading nations (the ‘Permanent’ Members on the Security Council) aren’t aligned with the UN’s high ideals, its somewhat ludicrous procedural rules can frustrate the UN’s purpose and render the world’s champion of rights and justice powerless to act, which is what we are witnessing now.
The post No excuse for refusing Palestinians their state a moment longer first appeared on Dissident Voice.
This content originally appeared on Dissident Voice and was authored by Stuart Littlewood.