Palestinian Statehood: Trapped Between Rhetoric and Realpolitik Postscript The announcement that consultations had begun regarding the upgrading Palestine’s status at the UN to that of a non-member observer State prompted a number of developments. Diplomatic pressure was placed on the Palestinian leadership to delay its attempt to upgrade its status in the UN.1 Israel threatened to cancel the Oslo peace accords, oust President Mahmoud Abbas and dismantle the Palestinian Authority if Palestine was successful in its bid for enhanced status at the UN2 and at least 162 Palestinians and six Israelis were killed in an upsurge of violence between Israel and Hamas-controlled Gaza during an eight day period in November 2012 that ended with a ceasefire agreement between Israel and Hamas.3 On 29 November 2012, on the 65th anniversary of UN General Assembly Resolution 181(II), the United Nations General Assembly voted overwhelmingly to accord Palestine non-member observer State status in the United Nations.4 Israel responded to this development by announcing plans for the construction of 3,000 new housing units in parts of East Jerusalem and the West Bank as well as initiating a “preliminary zoning and planning” process for a highly controversial section of land east of Jerusalem known as E1.5 The significance of the possible development of E1 (including the proposed expulsion of more than 1,000 Bedouin) is that it would connect the large settlement town of Maale Adumin to Jerusalem and thus prevent the creation of a viable, contiguous Palestinian State. Israel also seized more than US$120 million of tax revenues it collects on behalf of the Palestinian Authority in the wake of the UN General Assembly vote citing an unpaid debt to the Israel Electric Corporation but an Israeli official conceded that the move was in response to the UN vote.6 In spite of widespread condemnation of the plans for settlement expansion, the Israeli Prime Minister, Benjamin Netanyahu, pledged to “carry on building in Jerusalem and in all the places that are on the map of Israel’s strategic interest”.7 In response, a senior Palestinian official (Nabil Shaath) raised the possibility of taking legal action against Israel at the International Criminal Court (ICC) calling the settlement activities “war crimes”.8 The issue of Palestine’s status under the ICC Statute was not placed on the agenda of the ICC’s Assembly of State Parties at their 11th session held in the Hague from 14-21 November 2012 and, to date, the Office of the Prosecutor (OTP) has not formally indicated whether the admission of Palestine as a non-member observer State will lead to a reconsideration of the rejection (in April 2012) of the 2009 Palestinian declaration recognising the ICC’s jurisdiction. 1 See, for example, H Sherwood, ‘Britain urges Palestinians not to press for a vote on UN status’, The Guardian (18 October 2012) 24. 2 I Kershner, ‘Israel Heightens Warnings over Palestinians’ U.N. Bid’, New York Times (14 November 2012) <http://www.nytimes.com/2012/11/15/world/middleeast/israel-heightens-warnings-overpalestinians-un-bid.html> accessed 10 December 2012. 3 D Kirkpartick and J Rudoren, ‘Israel and Hamas Agree to a Cease-Fire, After a U.S.-Egypt Push’, The New York Times (22 November 2012) at A1. 4 ‘Status of Palestine in the United Nations’, UNGA Res 67/19 (29 November 2012) UN Doc A/RES/67/19) (voting record 138-9-41). The nine States who voted against the resolution were: Canada, the Czech Republic, Israel, Marshall Islands, Micronesia (Federated States of), Nauru, Panama, Palau and the United States of America. 5 See C McGreal, ‘Israel steps up settlement programme after UN recognises Palestinian state’, The Guardian (1 December 2012) 40. See also J Rudoren and M Landler, ‘Israel Advances Settlement Plan Near Jerusalem’, New York Times (1 December 2012) at A1. 6 H Sherwood, ‘Israel seizes $120m in taxes after UN vote, The Guardian (3 December 2012) 26. 7 H Sherwood and K Willsher, ‘Israel rejects European criticism over expansion of settlements’, The Guardian 4 December 2012) 20. 8 H Sherwood, ‘Israel settlements: UK considers “further steps” over expansion’, The Guardian (4 December 2012) <http://www.guardian.co.uk/world/2012/dec/04/uk-israeli-expansion-haguesettlements?INTCMP=SRCH> accessed 10 December 2012.