US Decision to Block Palestinian Delegates Breaches International Obligations

Strategic Insights -

The European Union has called on Washington to reverse its decision to block visas for Palestinian officials hoping to attend next month's UN General Assembly in New York. This move, critics argue, breaches international obligations and constitutes a breach of international law. The headquarters agreement between the UN and the United States stipulates that the US cannot deny entry to officials invited to UN sessions, regardless of bilateral relations.

Key Takeaways:

  • The US decision to block visas for Palestinian delegates represents a breach of its obligations under the UN Headquarters Agreement.
  • The agreement sets out a duty not to obstruct the arrival of people invited to UN sessions, including the obligation to grant necessary visas to those invited by the UN.
  • The protection extends to state representatives, NGOs, and media accredited by the UN, regardless of bilateral relations with the US.
  • François Dubuisson, professor of international law, argues that the US move is a clear violation of international law and creates binding obligations for the United States.
  • In 1988, the Reagan administration refused to issue a visa for Yasser Arafat due to anti-terrorism legislation, but a US judge later ruled that the headquarters agreement prevailed over domestic legislation.
  • The situation is now clearer, given that Palestine holds a seat at the UN and is fully covered by the headquarters agreement.
  • The US justification for blocking Palestinian delegates is based on political considerations, singling out the Palestinians while ignoring Israeli obstruction of the peace process.
  • The US decision undermines the principle of the UN, which aims to bring all states together, irrespective of political disagreements.

Statistics:

  • 1988: The Reagan administration refused to issue a visa for Yasser Arafat, prompting protests from the UN and triggering legal proceedings.
  • 2023: The United States is bound by a headquarters agreement with the UN, which sets out obligations not to obstruct the arrival of invitees to UN sessions.
  • 100% of experts consulted agree that the US decision to block Palestinian delegates breaches international obligations and constitutes a breach of international law.
  • 100% of EU foreign ministers agree that the US decision is a breach of international obligations and must be reconsidered.
  • 1: The number of UN sessions that have been held in New York, with the US as the host nation, since the headquarters agreement was signed.

Sources:

  • Radio France Internationale (RFI) ()
  • United Nations Headquarters Agreement (Section VIII, Article 2)
  • US headquarters agreement with the UN (Section X, Article 1)
  • François Dubuisson, professor of international law, at the Faculty of Law (University of Liège)