Draft Paper - Can Palestine as a Non-State Party Join NATO? (2024)

DRAFT ? NOT FOR CIRCULATION

Can Palestine as a non state party join NATO?

Introduction: NATO enlargement, the Mediterranean and Israel-Palestine.

NATO was created as a NORTH ATLANTIC TREATY ORGANIZATION, which means an alliance mainly between North America (US and Canada) and Western Europe.

However, the open door policy that the organization started after the end of the Cold War let some eastern European countries join the organization, increasing the number of state members to 26 (within North America and East Europe).

The new international context made the organization develop several partnerships with regional as well as state parties such as Euro-Atlantic Partnership Council, NATO-Ukraine partnership, NATO-European Union Partnership, NATO-Russia partnership and the Mediterranean Dialogue1.

NATO is interested in consolidating its alliances with strategic partners mainly because of the new international security system. That is the reason why NATO sponsored the last Prague Summit (18 November 2002) where NATO foreign ministers decided to “upgrade the political and practical dimensions of Mediterranean”2.

By upgrading, NATO means to include consulting with Mediterranean partners particularly on security matters such as terrorism and its related issues.

As NATO statement says, the Mediterranean Dialogue “contributes to regional security and stability; achieve better mutual understanding; dispel any misconceptions about NATO among dialogue countries”3.

The Mediterranean non member partners are: Algeria, Israel, Jordan, Mauritania, Morocco and Tunisia. Although partnership does not mean membership, Israel did straight its presence in NATO not only by participating in the Mediterranean Dialogue since 1994, but being the first participant country on signing a security agreement with NATO (2001), while Israeli troops participated in NATO exercises as well as joint Israel-NATO naval exercises took place in Israeli territorial waters.

On the other hand, the relationship between NATO and the PLO did not go very far during the last years, in part due to the fact that Palestine is not a state.

Who is able to join NATO today?

For NATO, “any European country in a position to further the principles of the Washington treaty and contribute to security in the Euro-Atlantic area can become a member of the Alliance at the invitation of the North Atlantic Council”4.

Also to become a member state, the aspiring countries should meet certain economic, political and military goals.

The economic, political and military goals are explained in the North Atlantic Treaty (1949) that in general talks about “safeguard freedom, common heritage and civilization of their peoples, founded on principles of democracy, individual liberty and the rule of law”5.

For certain (European) countries that are not “ready” to become members, NATO designed the “Membership Action Plan” (MAP), which now includes Albania, Croatia and Macedonia, countries who are assisted and prepared for a future membership6. The program is justified by NATO to make sure that aspirant countries will meet obligations and commitments for the organization.

Palestine does not meet the criteria requested in order to become a NATO member, not only because of the lack of statehood but also because no single Asian country has joined the treaty until now. Although Palestine is close to Europe and part of their security interests, the Enlargement Program of NATO does not talk about including any country outside Europe7.

However, by joining (after receiving an invitation) the Mediterranean Dialogue, Palestine (as a country, not as PLO) could be considered a “non member party” to NATO.

NATO Membership Action Plan ? MAP:

1. Membership Action Plan (MAP): Program justified by NATO to make sure that aspirant countries will meet obligations and commitments for the organization.
2. It does not include non-European countries.
3. MAP is only for countries willing to get membership (it does not include strategic alliances or programs such as the “Mediterranean Dialogue”).

The Process to Join NATO

The normal process for an invited party to become a NATO member has to go through 5 steps8:

1. Accession Talks
2. Invitees send letters of intent to NATO
3. Accession protocols are signed
4. Accession protocols are ratified by NATO countries
5. Invitees become NATO members

The common characteristic of the five steps is that they have to get the approbation of the member states, which is not only merely on technical criteria but also a political decision9.

Although Palestine is not a state, the only way through which Palestine could get NATO membership would be political criteria that until now was not stipulated in the NATO constitution10.

Key Points on NATO enlargement:

1. NATO enlargement involves Europe rather than any other continent.
2. Inclusion of non Europeans partners does not mean membership but special relationship (ex: Argentina, Mediterranean Dialogue, etc).
3. NATO does not include non state parties.
4. The inclusion of any state means a political decision, although it has to be according to the regular NATO enlargement process policy.

Conclusion: Alternative ways?

NATO structure consists in a Secretary General, having a council composed of the member states parties from which NATO adopts its main policies11. Under this council, some non European countries were able to join NATO as “allies” but not as members, such as Argentina, a privileged country mainly because of the good relationship between the US government and former president Carlos Mennem as well as its constant participation in international military exercises and peace missions12.

However, the US link in the Argentinean alliance with NATO also has influenced badly their (NATO-Argentina) bilateral relations after the election of current president Kirchner (who has close ties with Venezuelan president Hugo Chavez).

The Argentinean case shows that the nature of NATO enlargement is also political and not only technical: The inclusion of Turkey in the Treaty (a country that does not fulfil the internal political standards requested to join NATO13) was also made under strategic political standards (east-west relations, anti-terror agenda).

Since 1990, NATO mandate includes policies on natural resources (oil, water, etc), immigration and especially since September 11, 2001 has a coordinator role in the “war against terrorism”.

Palestine as well could join NATO under strategic-political considerations, but as in the case of Argentina, it could be considered an “ally” rather than a “party member”. Although NATO has some duties linked to the UN mandate, the treaty does not consider itself as an alternative organization to the UN.

Therefore even if Palestine was already accepted in some UN linked organizations; it does not mean that it could fulfil the NATO membership criteria. A NATO membership or alliance under such scenario would be only possible if the NATO council and its member states consider the inclusion of Palestine as a way to help NATO security agenda despite the fact that NATO constitution does not allow non state parties to join the treaty.