Israel’s persistent challenge to the United Nations and its disregard for international law is both troubling and thought-provoking. This brings forth a crucial question: Should Israel face expulsion from the UN?
Since its establishment in May 1948, Israel has not complied with any of the UN resolutions concerning Palestine and the occupied territories, whether those resolutions were passed by the General Assembly or the Security Council. No other nation has violated as many UN resolutions as Israel has since its inception.
Why is Israel allowed to retain its membership in the UN despite its ongoing actions that seemingly attack and undermine the organization? The inconsistency is troubling. Isn’t it time to consider whether a country that frequently mocks the principles of the UN should face repercussions? Is there a viable pathway for expulsion, or is membership an irreversible privilege once granted?
It is important to note that UN membership is not open to all. In fact, there is a specific criterion for qualification outlined in the UN Charter.
Article 4 of the Charter states:
- Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
- The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.
The ICJ in its advisory opinion of 28 May 1947 , declared that requisite conditions are five in number to be admitted to membership in the United Nations:
- An applicant must be a State.
- It must be a peace-loving state.
- It must accept the obligations of the UN Charter
- It must be able to carry out these obligations.
- It must be willing to do so.
Israel does not fulfill any of the aforementioned criteria. It is neither recognized as a state nor as a proponent of peace. The nation unequivocally disregards the obligations established by the UN Charter and exhibits no intention of adhering to these responsibilities.
This raises the question: Can a state be expelled from the United Nations after admission? The answer is affirmative: YES.
Article 6 of the UN Charter provides that “A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.”
However the problem is that since the early 1970s, the US has vetoed over 50 UN Security Council resolutions critical of Israel, and it would never allow such a recommendation from the Security Council to be made.
However the question is: What does this “recommendation” mean? Is it mandatory, or can the General Assembly operate without it?
In its July 1962 opinion answering a question of General Assembly , the ICJ affirmed that : “In connection with the suspension of rights and privileges of membership and expulsion from membership under Articles 5 and 6, it is the Security Council which has only the power to recommend and it is the General Assembly which decides and whose decision determines status; but there is a close collaboration between the two organs.”
The Court also clarified that is the General Assembly which decides and whose decision determines status.
The critical question is: if the General Assembly can choose to overlook the Security Council’s recommendations, does that not imply it has the ability to function independently when the situation demands?
Article 97 of the UN Charter clearly states that the Secretary-General is to be appointed by the General Assembly, following a recommendation from the Security Council. Remarkably, in 1950, the UN showcased its adaptability and the significant authority of the General Assembly. Faced with a deadlock in the Security Council regarding the reappointment of Norway’s Trygve Lie, the first Secretary-General, the General Assembly boldly moved forward. It reappointed him despite the looming threat of a veto from the Soviet Union,
Irrespective of the discussion of “can it be” versus “should it be”; Israel is a clear case for action under Article 6 due to its persistent violations of UN Charter.
