This piece was reprinted by OpEd News with permission or license. It may not be reproduced in any form without permission or license from the source.
Although Obama told the General Assembly in September 2010 he favored Palestinian statehood in a year, he categorically rejects PA officials seeking it unilaterally to let Israel decide its terms, size, locations and timetable. In other words, he supports Israeli veto power of Palestinian sovereignty, an unacceptable condition under international law.
On May 19, in fact, a new White House.gov site headlined, "President Obama: Advancing Israel's Security and Supporting Peace," saying:
"Our commitment to Israel's security is unshakable," stating he wants "core issues (including Palestinian de jure UN membership and statehood) negotiated and resolved in direct talks between the parties," despite all previously failed efforts, assuring no possibility of success this time.
He then "emphasized that a vote at the United Nations will never create an independent Palestinian state" even though defying a two-thirds majority General Assembly affirmation is illegal. More on that below.
Moreover, 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."
However, former PLO legal advisor Professor Francis Boyle said 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.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
