After the U.S. veto, what to expect in UNGA over Jerusalem?

CAIRO – 20 December 2017: The Emergency Special Session of the General Assembly on the U.S. decision, called for by Turkey and Yemen, is taking place on Thursday; three days after the United States vetoed the Egyptian-drafted resolution at the United Nations Security Council (UNSC) objecting the U.S. recognition of Jerusalem as the Israeli capital.

Palestinian officials vowed to take all possible measures internationally after the veto on Monday as the decision breaches all former United Nations (UN) resolutions on Israel and Palestinian territories.

The UN draft resolution, approved by the remaining 14 UNSC Member States stated, “that any decisions and actions, which purport to have altered the character, status or demographic composition of the Holy City of Jerusalem, have no legal effect, are null and void and must be rescinded in compliance with relevant resolutions of the Security Council.” The resolution, however, does not mention the U.S.

Ten Emergency Special Sessions of the General Assembly were held from 1997 to 2009, and all of the sessions dealt with Israeli violations against Palestinians and their territory except for one that necessitated a ceasefire by both Israelis and Palestinians in 2002. The issue with UNGA resolutions, whether passed in emergency or regular annual sessions, is that they are not binding but they can have a significant political impact.

Article 25 of the Charter of the United Nations states, “Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.” Non-abiding states may be subject to sanctions by the UN.

As the United States is one of the five permanent UNSC Member States possessing the veto right, it is likely that the country would block any future resolutions against its decision. That is evident from the words of the U.S. Permanent Envoy to the UN Nikki Haley, “What we witnessed here in the Security Council is an insult. It won’t be forgotten.”

However, the fact that all other Member States voted in favor of the resolution has certain significance; it is an indicator that other states may not follow the U.S. decision of recognizing Jerusalem as the Israeli capital in the near future.

Former Foreign Affairs Minister and Dean of Global Affairs and Public Policy at the American University in Cairo, Ambassador Nabil Fahmy, told Egypt Today that the UNSC vote demonstrated the consensus among the international community on how they want the issue to be resolved, as well as their support for achieving the two-state solution through negotiations.

Ambassador Fahmy affirmed that the resolution would be passed by a “wide majority” in the UNGA which is expected after the 14-1 vote in the UNSC. He added that although the resolution is non-binding, it reflects “the conscious of the [international] community.”

The former minister highlighted that the U.S. decision contradicts international law, prohibiting the acquisition of any territory by force as parties should resort to negotiations.

Ambassador Fahmy stressed that UNGA “should not be the last step,” and that it should be “consolidated to formally recognize Eastern Jerusalem as the Palestinian capital.”

On Wednesday, the U.S. permanent envoy to the UN Nikki Haley tweeted "On Thursday there will be a vote criticizing our choice. The US will be taking names" referring to the 193-nation assembly. That reaction may be an indication that the U.S. administration is anticipating the majority vote in favor of the resolution condemning its decision.

On December 6, U.S. President Donald Trump announced moving the embassy to Jerusalem and recognizing the city as the Israeli capital. Consequently, international objection and protests in the Palestinian territories erupted. Clashes between protestors and Israeli security forces resulted in 10 deaths and over 2,000 injuries up until now.