- its acceptance of UN Charter Article 51, the four 1949 Geneva Conventions, and the 1907 Hague Regulations on Land Warfare.
Boyle included safeguards to assure all sovereign state rights. His document left no wiggle room loopholes. He also made sure UN membership won't comprise them.
Palestine satisfies all essential criteria for sovereign independence and full de jure UN membership.
All UN Charter states (including America and Israel) provisionally recognized Palestinian independence in accordance with UN Charter article 80(1) and League Covenant article 22(4).
As the League's successor, the General Assembly has exclusive legal authority to designate the PLO Palestine's legitimate representative.
The Palestine National Council (PNC) is the PLO's legislative body. It's empowered to proclaim the existence of Palestine. According to the binding 1925 Palestine Citizenship Order in Council, Palestinians, their children and grandchildren automatically become citizens.
So do diaspora Palestinians. Those living in Israel and Jordan have dual nationalities. Occupied Territory residents remain "protected persons" (under Fourth Geneva) until a final peace settlement is reached.
Boyle's "CREATE THE STATE OF PALESTINE" Memorandum of Law described characteristics needed for world community recognition. They include:
A determinable (not necessarily fixed) territory. Its borders are negotiable. The new state is comprised of Gaza, the West Bank and East Jerusalem. Palestinians have lived there for millennia. They rightfully deserve universally recognized sovereignty.
They have a fixed population. They're a legitimate state with a functioning government. It's peace loving. It accepts UN Charter provisions and can administer them. It's willing to do so.
In 1988, Arafat declared the PLO Palestine's Provisional Government. It has the capacity to enter into relations with other states.
Palestine fully qualifies on all counts. It did so many years ago. It long ago should have become a full de jure UN member. PA leaders must explain why not. Why not now? Why partial, not full status?
Palestine's Proclamation of Independence created the Government of Palestine (GOP). UN approval requires qualifying based on five conditions.
Applicants must be a state, peace loving, accept UN Charter's provisions, be able to administer them, and be willing to do so.
The Security Council only recommends new Member States. Petitioning the 1950 Uniting for Peace Resolution 377 for an up or down two-thirds vote overrides potential SC rejection.
The General Assembly has sole admission authority. Thursday's vote required a majority of voting Member States. Full de jure membership requires a two-thirds vote.