Can the UN suspend Israel over its treatment of the Palestinians? It’s complicated, but yes

“Where is the UN?‘ is a question often asked since the beginning of Israel’s military offensive in Gaza. Like the the death toll is rising and the conflict spreadsthe UN appears woefully unable to fulfill its mandate to save humanity”from the scourge of war‘ – as it was intended.

While the UN Secretary General António Guterres has done so repeatedly Israel condemned – and been banished from the country for his pain – his pleas have been ignored. UN attempts to impose sanctions on Israel have also failed. UN sanctions require the approval of the UN Security Council. The US has used its power as a permanent member to veto motions for resolutions aimed at this.

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There have also been phone calls to suspend Israel from the UN. On October 30, the UN Special Rapporteur on the right to food, Michael Fakhri, called on the UN General Assembly to Suspend Israel’s membership because, as he said, “Israel is attacking the UN system.”

Francesca Albanese, UN Special Rapporteur on human rights in the Palestinian territories would have told this at a press conference the same day that the UN should “consider the suspension of Israel’s credentials as a member of the UN until the country ends its violations of international law and withdraws the ‘manifestly unlawful’ occupation.”

But suspending a member is more complicated and politically charged than many realize.

Israel and the UN

For decades, Israel’s relationship with the UN was divisive. This is mainly due to the UN’s position on what they call Israel’s position “unlawful presence” in what it defines as “occupied territories” in Palestine. Over the past twelve months of the latest conflict in Gaza, this relationship has further deteriorated.

Many have argued that Israel did that repeatedly violated UN resolutions and treaties, including the genocide treaty during his campaign in Gaza. Some UN officials have accused Israel – and certain Palestinian groups – of this committing war crimes. Israel has also come into direct conflict with – some – UN agencies 230 UN personnel have been killed during the offensive, and many governments and UN officials have claimed that Israel purposefully aimed UN peacekeepers in Lebanon.

But the enmity between Israel and the UN came to a head on October 28, when the Israeli parliament, the Knesset, forbidden the UN Relief and Works Agency for Palestinian Refugees (Unrwa) cannot operate within Israel, which leads to sparks a wave of condemnation.

The powers of the UN

Given this open hostility toward the UN, it is not surprising that some are now calling for Israel’s membership to be suspended.

But can the UN legally suspend a member? The answer is yes. Below articles 5 and 6 of the UN Charter, a Member State may be suspended or expelled if it is found to have “persistently violated the principles of this Charter”.

But Articles 5 and 6 both state that suspension and expulsion require the consent of the general assembly as well as “the recommendation of the Security Council.” As such, suspending Israel requires the agreement of the five permanent members of the Security Council: the US, Britain, China, Russia and France.

And given the US’s past and current President Joe Biden’s confirmation of it “iron-strong support” for Israel this is in fact unthinkable. But while it is therefore highly unlikely that Articles 5 or 6 will be invoked against Israel, a potentially viable option remains.

The South African precedent

At the beginning of each annual general meeting, the faith committee assesses each Member State’s entries before they are formally admitted. Usually this is a formality, but on September 27, 1974, the credentials of South Africa – which then had an apartheid system – were rejected.

Three days later the general meeting was passed resolution 3207 calling on the Security Council to “review the relationship between the United Nations and South Africa in light of South Africa’s continued violation of the principles of the Charter.”

A draft resolution calling for South Africa’s expulsion was eventually presented to the Security Council in late October, but the US, Britain and France vetoed it.

However, on November 12, the chairman of the general assembly, Algerian Abdelaziz Bouteflika judged that in view of the decision of the Credentials Committee and the passing of resolution 3207, “the General Assembly declines to allow the delegation of South Africa to participate in its proceedings”. South Africa remained suspended from the general meeting until June 1994 after the end of apartheid.

It is important to note that South Africa was not formally suspended from the UN, but only from the General Assembly. Still, it was an extremely important step.

A feasible solution?

Could the same measure be applied against Israel and would it be effective? The South African case shows that this is legally possible. It would also undoubtedly send a strong message, simultaneously increasing Israel’s international isolation and restoring much-needed confidence in the UN.

The 79th session of the UN General Assembly began in September, so it is too late for the Credentials Committee to censure Israel. But this could potentially happen before the 80th session next year, if there is enough political will. But this is a big ‘if’.

Although a majority of states in the General Assembly are very critical of IsraelMany do not want the credentials committee to become more politically selective because they fear it could be used against them in the future. Likewise, few want to incur the wrath of the US by suspending their ally.

As always, what is legally possible and what is politically probable are two very different things.