Why the UN Push for Palestinian Statehood Should be Rejected

On 7 March 2025, thinc. published an extensive report entitled: “The Future of the ‘Occupied Palestinian Territory’: Will Common Sense Return to the United Nations?”

This report analyses recent UN resolutions calling on Israel to unilaterally withdraw its military and civilian presence from the ‘Occupied Palestinian Territory’ (East Jerusalem, the West Bank and Gaza Strip), and to facilitate the swift establishment of a Palestinian state on the entirety of that territory.

Resolution ES-10/24 (September 2024) demands Israel’s unconditional withdrawal from this territory within 12 months of its date of adoption.

Resolution A/79 L/23 (November 2024) calls for a high-level, international conference for the Peaceful Settlement of the Question of Palestine and the Implementation of the Two-State Solution, in New York in June 2025.

The purpose of this briefing is to assist UN member states in making informed and balanced policy decisions in preparation of the high-level UN conference scheduled for June.

There are three main problems with these resolutions

First, the UN ignores the massive problem of internationally sponsored, extreme Islamist terrorism in the region, and specifically in the West Bank and Gaza Strip. By failing to acknowledge that Hamas’s ultimate goal is the elimination of Israel and failing to hold Hamas and its sponsors (especially Iran and Qatar) accountable for their incitement to and acts of terror, these UNGA Resolutions reinforce the cycle of violence.

Despite the fall of its key ally, Bashar al- Assad in Syria, Iran remains a major security threat, and the situation in Syria has introduced a heightened risk of regional instability and aggression against Israel. Qatar’s sponsorship of terrorism is highly problematic and should also be addressed.

““The recent provisional ceasefire between Hamas and Israel in Gaza provides only a brief respite; it does nothing to increase the long-term prospects for stability in the Gaza Strip. In fact, leaving Hamas in power significantly undermines the prospects of peace and security.””

The recent provisional ceasefire between Hamas and Israel in Gaza provides only a brief respite; it does nothing to increase the long-term prospects for stability in the Gaza Strip. In fact, leaving Hamas in power significantly undermines the prospects of peace and security.

Second, they ignore the problem of the lack of Palestinian governance in these territories. Palestinian governance in Gaza is non-existent, and in the West Bank remains a critical security risk. The Palestinian Authority (PA) continues to struggle with corruption and inefficiency and remains committed to terror. Its weakness and inaction were significant factors leading to Hamas’s attack on Israel on 7 October.

UNRWA has undermined peace, inter alia through its education system that teaches hatred, and its infiltration by Hamas and other hostile groups. As long as UNRWA exists, the Palestinians will be unable to achieve good governance, and any resolution of the conflict will remain unattainable.

In this context, hasty implementation of a two-state solution will present major security risks—not only for Israel, but for local, regional and global stability.

Third, these resolutions are flawed from a legal perspective. Reflecting weaknesses in judicial procedure and reasoning of the recent Advisory Opinion by the International Court of Justice (ICJ), they conflict with Israel’s rights under international law to territorial integrity and political inviolability.

In particular:

• the Court and UNGA have failed to properly analyse the territorial sovereignty of these territories;
• they make a fundamental error in concluding that Israel’s presence in the territories is illegal;
• they conflict with the agreements made in the Oslo Accords between Israel and the PLO;
• they incorrectly define the scope and content of the Palestinian right to self- determination under international law; and
• they fail to properly consider the legal implications of the security threats emanating from the ‘occupied territory’.

  Recommendations

thinc. argues that UN member states should:

1. Reject the terms of UNGA Resolution ES-10/24, which calls for an immediate and unconditional Israel withdrawal from East Jerusalem, the West Bank and Gaza Strip;
2. Prioritise the legal obligation of states to neutralise internationally sponsored terrorism and jihadist threats in the region over Palestinian demands for Israeli withdrawal and immediate and unconditional statehood;
3. Recognise that international law entitles the State of Israel, subject to the principles of international humanitarian law, to use necessary and proportionate force to eliminate the threat posed by the existence of Hamas and other hostile forces in the territories controlled by Israel since 1967;
4. Affirm that further implementation of the Palestinian right to self- determination is conditional upon –

(a) the cessation of violence and removal of extremist and destabilising forces of the radical Islamist camp in the West Bank and Gaza;

(b) dissolution of UNRWA;

(c) the replacement of the Palestinian Authority with a stable, effective and independent Palestinian government; and

(d) recognition of Israel’s right to secure borders, its sovereignty over East Jerusalem, and its legitimate sovereignty claims to the territory of the West Bank and Gaza Strip;

5. Recognise that under international law Israel is entitled and obliged to maintain control of the West Bank and Gaza Strip until these conditions have been satisfied; and
6. Affirm that the future for Gaza must break completely with current paradigms. In order to address post-war Gaza’s security and governance challenges, an international peacekeeping force should be established, led by Israel and the United States and supported by Arab nations, including signatories of the Abraham Accords, Saudi Arabia and other peace- supporting countries from regions such as Latin America and Africa. This initiative could be followed by a modern trusteeship to oversee governance, reconstruction and development, to ensure a sustained peace. For the purposes of this recommendation, ‘post- war Gaza’ means a scenario in which Hamas has been decimated or has unconditionally surrendered.

The full report can be accessed on the thinc. website: www.thinc-israel.org