Question of Palestine home
17 December 1948
DRAFT RESOLUTION SUBMITTED BY SYRIA AT THE 385TH MEETING ON
THE APPLICATION OF ISRAEL FOR ADMISSION TO THE UNITED NATIONS
THE SECURITY COUNCIL,
NOTING the contentions raised by one of the members to the effect that the application of the “State of Israel” for admission to membership of the United Nations is not worthy of being recommended, owing to the fact that the international status of Palestine at the termination of the Mandate on 15 May 1948 is not yet established so as to permit a legitimate creation of a Jewish sovereign state in any part of that country against the wishes of the majority of its population, and the recognition of that state by certain member nations as de facto authority does not entitle this de facto authority to enjoy
with the de jure authority and sovereignty of the other member states under the provisions of the Charter of the United Nations,
DECIDES to request an advisory legal opinion of the International Court of Justice under Article 96 of the Charter and chapter IV of the Statute of the Court on the following questions:
1. Do the recommendations of the General Assembly in the resolution of 29 November 1947 for a partition plan with economic union, which was rejected by the Arabs of Palestine, create right to the Jewish minority to proclaim their separate state at the termination of the Mandate on the area assigned to them by that resolution?
2. What is the international status of Palestine at the termination of the Mandate on 15 May 1948?
3. Under the present circumstances would the Security Council be acting in comformity with the United Nations Charter and the international law if it recommended the admission of the State of Israel to membership in the United Nations?
4. Is the General Assembly empowered to partition Palestine between Arabs and Jews without consulting the lawful inhabitants of the country in securing their consent?
The Secretary-General is requested to supply the Court with all information and documents which the Court may require to clarify the question.