— Alan Baker
The Palestinian leadership has announced its intention to abandon the negotiation process and to unilaterally seek a UN resolution that will impose a solution upon Israel. Facing a possible veto in the Security Council, the Palestinians are aiming to impose a UN resolution through the General Assembly “Uniting for Peace” procedure, which they hope will be supported by the UN member states.
While such a resolution would not have the authority to alter the legal status of the territories, the negative consequences of such a course of action would nevertheless serve to void the very basis of the peace process. It would undermine the legal existence of the Palestinian Authority and violate commitments by Yasser Arafat to settle all issues by negotiation,
Such unilateral action outside the negotiation process would constitute a fundamental breach of the 1995 Israeli-Palestinian Interim Agreement, thereby releasing Israel from its reciprocal commitments.
Such unilateral action would undermine the international community’s reliance on Security Council Resolutions 242 and 338 which form the foundation of all the agreements between the parties. It would also place into question the integrity and credibility of any Security Council resolutions or agreements resolving conflicts between states.
It would render as meaningless the signatures of the major powers as witnesses to previous negotiated agreements. It would also be incompatible with provisions of resolutions and agreements requiring negotiated solutions to the Jerusalem and refugee issues.
Alan Baker is former Legal Adviser to Israel’s Foreign Ministry and former Ambassador of Israel to Canada.