The Admission of Palestine State Territory as a Member in the United Nations in 1949: The United Nations Security Council Resolution 69 and the United Nations General Assembly Resolution 273

In 1949, with the admission of Israel's membership in the United Nations (UN) by the UN Security Council (UNSC) resolution 69 and the UN General Assembly (UNGA) resolution 273, the territory of the Palestinian state automatically admitted a member in the UN.

A sui generis territorial membership of Palestine to the UN was automatically realized due to the fact that the legal foundation of Israel's UN membership was originated from the UNGA Resolution 181. The UNGA resolution 181 defines the territories of two states to be established under Chapter XII of the UN Charter.

According to Article 2.4 of the UN Charter, a state must meet two criteria to be eligible for membership: it must possess legal territory and have political independence. These are essential requirements for UN membership. However, the territories of Palestine were admitted as a member of the UN without having achieved full political independence in 1949. 

By a letter dated 29 November 1948 to the UN Security Council (UNSC), the Foreign Minister of the Provisional Government of Israel applied, on behalf of his government, for admission to membership in the United Nations (UN), a declaration of acceptance of the obligations contained in the Charter was submitted with the letter signed by Moshe Shertok, Minister for Foreign Affairs of the Provisional Government of Israel. In the letter, it was written that:

“On May 14, 1948, the independence of the State of Israel was proclaimed by the National Council of the Jewish people in Palestine by virtue of the natural and historic right of the Jewish people to independence in its own sovereign State and in pursuance of the General Assembly resolution of November 29, 1947.”

In the letter given to UNSC, the Declaration of Independence of Israel was given as a reference that was issued on 14 May 1948. Israel defined its boundaries in its Declaration of Independence subject to the UNGA resolution 181 dated 29 November 1947 as:

“The State of Israel is prepared to cooperate with the agencies and representatives of the United Nations in implementing the resolution of the General Assembly of the 29th of November, 1947.”

The Declaration of Israel linked its right to declare independence is originating from Article 22 of the Covenant of the League of Nations as:

“We declare that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May 1948), 

When Israel in its membership admission letter to the UNSC gave reference the Declaration of Independence of Israel with the legal rights originating from Article 22 of the League of Nations Covenant, Israel's Admission letter linked itself with the Chapter XII of the UN Charter, International Trusteeship System. 

When Israel in its admission letter had given reference of the UNGA resolution 181, Israel not only defined its territories but as well-defined the territories of the Palestine State as written in the UNGA resolution 181.

In the Declaration of Israel given to the UNSC for the membership admission, it was written that:

“On behalf of the State of Israel, I, Moshe Shertok, Minister for Foreign Affairs, being duly authorized by the State Council of Israel, declare that the State of Israel hereby unreservedly accepts the obligations of the United Nations Charter and undertakes to honour them from the day when it becomes a Member of the United Nations.” 

Both the letter and the declaration that Israel sent to the UNSC gave the definition of not only Israel's territory and boundaries but as well the territory and boundaries of the Palestine State.

By applying for membership in the UN, Israel automatically requested that territorial integrity or political independence of Israel to be protected within the framework of Article 2.4 of the UN Charter, after its admission membership in the UN.

The main reason why states seek membership in the UN is to ensure that their territorial integrity and political independence are to be protected by the UN.

Article 2.4 of the UN Charter aims to prevent future wars by taking the right of conquest from its member states.

As a result of its admission to the UN Charter by Article 2.4, Israel requested protection of its territorial integrity and political independence but at the same time accepted to act accordingly to Article 2.4 of the UN Charter which means that Israel is never to conquest any territory. 

By its letter and declaration given to the UNSC , Israel accepted to protect the territorial integrity and the political independence of the Palestine State with its boundaries as written in the UNGA resolution 181 as well the city of Jerusalem as a corpus separatum (Latin: “separate entity”) to be governed by a special international regime as a member of the UN.

On 4^th March 1949, the resolution 69, the UNSC recommended the UNGA, the admission Israel to membership in the UN.  In the in the preamble paragraph of the UNSC resolution 69, the UNSC explained that the UNSC gave its decision according to the documents given to the UNSC by Israel for its admission. And according to the letter and the declaration of Israel for its membership to the UNSC, Israel accepted to be bound by its territories as written in the UNGA resolution 181 and most importantly Israel promised subject to the UN Charter Article 2.4, to protect the territorial integrity of the Palestine State and its political independence. 

While the UNSC's resolution 69 recommended Israel's admission membership in the UN within the territories specified in the UNGAs resolution 181 at the same time, the UNSC requested the admission of the territories of the Palestinian state defined in the UNGA resolution 181 in the UN.

In other words, the UNSC recommended that the UNGA not only accept Israel's admission in the UN, but also accept admission of the territory of the State of Palestine in accordance with UN General Assembly resolution 181 in the UN.

On 11 May 1949, by the UNGA resolution 273, Israel admitted to the membership in the UN. In the preamble of the resolution 273, the UNGA gave reference to the letter and declaration of Israel given to the UNSC for the admission of membership as:

"Noting furthermore the declaration by the State of Israel that it 'unreservedly accepts the obligations of the United Nations Charter and undertakes to honour them from the day when it becomes a Member of the United Nations”,

And the UNGA by its resolution 273, acting in discharge of functions under Article 4 of the UN Charter, in its operative paragraphs admitted Israel to the membership in the UN subject to Israel’s acceptance of carrying its obligations contained in the UN Charter as:

"1. Decides that Israel is a peace-loving State which accepts the obligations contained in the Charter and is able and willing to carry out those obligations.

"2. Decides to admit Israel to membership in the United Nations."

All the UNGA resolutions under Article 4 of the UN Charter have an erga omnes character as the resolutions at the same time define boundaries of the new member state. 

All the UNGA resolutions under Article 4 automatically give effect to Article 2.4 of the UN Charter that is the protection of the territorial integrity and political independence of the new members. Vice versa all the new members of the UN also accept to act accordingly to Article 2.4 of the UN Charter.

The UNGA resolution 273 as a resolution of defining the boundaries of two States, Israel, and Palestine.

The UNGA resolution 273 has an erga omnes character and incorporates a jus cogens norm as a resolution on decolonization, acting under Chapter XII of the UN Charter. 

The UNSC and the UNGA acting under Article 4 of the UN Charter, when admitted Israel to the UN membership subject to UNGA resolution 181 on decolonization in which the territories of the Palestine and Israel states defined, the territory of the Palestine state as well admitted to the UN membership. 

The territory of Palestine is a member of the UN since then and both the UNSC and the UNGA dis-empowered themselves on the definition of the territories of Palestine. 

Article 2.4 of the UN Charter seeks two criteria to be eligible for membership to the UN. Legal ownership of a territory and political independence.

The territory of Palestine state automatically admitted as a member in the UN when Israel admitted as a member in the UN.

Today, Palestine state has two different statuses according to Article 2.4 of the UN Charter. 

Politically independent Palestine state has an observer status whereas the territory of the Palestine state is an already admitted member in the UN. 

Observer Palestine state is the only de jura authority in the admitted territory of the Palestine state as a member in the UN.

Israel is an occupying power in the territory of the Palestine state subject to UNSC resolution 69 and the UNGA resolution 273.

The UNSC has an obligation to act under Chapter VII of the UN Charter to free the territories of Palestine state from the occupation of Israel.