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(4) Last December 15, Congress (by voice vote) passed HR 1765: "Supporting a negotiated solution to the Israeli-Palestinian conflict and condemning unilateral measures to declare or recognize a Palestinian state, and for other purposes," including:
"affirm(ing) that the United States would deny recognition to any unilaterally declared Palestinian state and veto any (Security Council resolution) to establish or recognize (one) outside of an agreement by the two parties."
Obama endorses this policy.
However, Washington earlier provisionally recognized Palestine as an independent nation. According to UN Charter Article 80(1), it can't reverse its position by vetoing a Security Council (SC) resolution calling for Palestine's UN admission.
Any veto is illegal, subject to further SC action under the Charter's Chapter VI. Ultimately, the SC only recommends admissions. The General Assembly affirms them by a two-thirds majority. At this time, enough support exists to get it.
Moreover, UN Charter Article 80(1) and others empower the General Assembly to recognize Palestinian statehood and take all necessary measures to end Israel's illegal occupation. If sovereignty is granted, it's more than ever essential to do so, holding Israel fully accountable for not complying.
Up to now, however, Washington's threatened Security Council veto prevented de jure membership, despite its illegality under international law and its pledge not to do so against any state seeking UN membership.
In fact, the General Assembly has sole authority to admit new members, not the Security Council. If Washington uses its veto as threatened, the GA can circumvent it under the 1950 Uniting for Peace Resolution.
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