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Tuesday, 30 October 2012

How the expected USA veto on Palestinian Statehood can be overcome


United Nations General Assembly Resolution 377
United Nations General Assembly (UNGA) resolution 377 A,[1] the "Uniting for Peace" resolution, states that in any cases where the Security Council, because of a lack of unanimity amongst its five permanent members, fails to act as required to maintain international peace and security, the General Assembly shall consider the matter immediately and may issue any recommendations it deems necessary in order to restore international peace and security. If not in session at the time the General Assembly may meet using the mechanism of the emergency special session.

The Uniting for Peace resolution—also known as the "Acheson Plan"—was adopted 3 November 1950, after fourteen days of Assembly discussions, by a vote of 52 to 5 (Czechoslovakia, Poland, the Ukrainian Soviet Socialist Republic, the Union of Soviet Socialist Republics and the Byelorussian Soviet Socialist Republic), with 2 abstentions (India and Argentina).[2]
In it, the General Assembly:
"Reaffirming the importance of the exercise by the Security Council of its primary responsibility for the maintenance of international peace and security, and the duty of the permanent members to seek unanimity and to exercise restraint in the use of the veto," ...
"Recognizing in particular that such failure does not deprive the General Assembly of its rights or relieve it of its responsibilities under the Charter in regard to the maintenance of international peace and security," ...
"Resolves that if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression, the General Assembly shall consider the matter immediately with a view to making appropriate recommendations to Members for collective measures, including in the case of a breach of the peace or act of aggression the use of armed force when necessary, to maintain or restore international peace and security."
To facilitate prompt action by the General Assembly in the case of a dead-locked Security Council, the resolution created the mechanism of the "emergency special session" (ESS),[3] which can be called upon the basis of either a procedural vote in the Security Council, or within twenty-four hours of a request by a majority of UN Members being received by the Secretary-General. In procedural votes, the permanent members of the Security Council—the so-called "P5"—do not have the ability to block the adoption of draft resolutions, so unlike substantive matters, such resolutions can be adopted without their consent.

Emergency special sessions have been convened under this procedure on ten occasions, with the most recent convened in 1997. However, unlike preceding ESSs, the tenth ESS has been 'adjourned' and 'resumed' on numerous occasions, over the past several years, and remains adjourned. Indeed, more than ten separate 'meetings' have been held by the Assembly, whilst sitting in tenth ESS, since 2000.[4]

While the "emergency special session" framework was established by resolution A/RES/377 A, the UN Charter always contained provisions for "special sessions",[5] which, according to the General Assembly's current "Rules of Procedure",[6] can be called within fifteen days of a request being received by the Secretary-General.



River to Sea Uprooted Palestinian  
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