Recognition of States of the Palestinian State: What Does This Mean?

Author: طارق جلال التميمي

In a historic step, the last few weeks have witnessed significant international recognition of the Palestinian state, led by Western countries that were previously considered allies of Israel. This diplomatic shift comes amid the devastating war on the Gaza Strip. What does this recognition mean from a legal and political perspective, and what are its implications for the Israeli-Palestinian conflict?

The Current Scene of International Recognition

As of today, 159 out of 193 member states of the United Nations recognize the State of Palestine, representing more than 82.5% of the international community. Recently, significant nations such as Britain, Canada, Australia, Portugal, France, Belgium, Luxembourg, Malta, Monaco, Andorra have joined this list, and more countries such as New Zealand and San Marino were expected to follow during a special summit at the United Nations chaired by France and Saudi Arabia. This new wave of recognitions, which for the first time includes countries from the G7 group including Britain and Canada, marks an important change in the international stance, especially as it comes from countries that have long hesitated to take this step outside of a final negotiated settlement. Russia, along with all Arab countries, most African and Latin American countries, as well as China and India, have already recognized the Palestinian state. Algeria was the first country in the world to recognize the Palestinian state following the announcement of martyr Yasser Arafat declaring the state on November 15, 1988, followed by many countries thereafter, in addition to successive recognitions in 2010 and 2011.

The Legal Dimensions of the Recognition

The recognition of the State of Palestine raises a complex legal debate regarding the nature of the state in international law. On one hand, there is the Declaratory Theory which posits that the existence of a state is a matter of fact, and that recognition is merely an acknowledgment of that fact. On the other hand, there is the Constitutive Theory which holds that recognition by other states is a necessary condition for the existence of a state as a person in international law. Internationally accepted criteria for statehood are based on the Montevideo Convention of 1933, which outlines four essential conditions:

1. A permanent population

2. A defined territory

3. An effective government

4. The capacity to enter into relations with other states

Palestine faces a very different situation; it clearly meets some of these criteria (such as having a population and extensive diplomatic relations), but it lacks full control over its territory and borders due to the ongoing Israeli occupation since 1967 and earlier since 1948. Nevertheless, many legal experts, such as Philippe Sands, argue that recognition puts Palestine and Israel on equal footing in terms of their treatment under international law, significantly enhancing its legal status. "Recognition does not mean that the state has been created, just as non-recognition does not prevent the state from existing." - Roman Luboff, Professor of International Law.

The Political and Practical Implications

Beyond the legal debate, the recognition of the State of Palestine carries significant political and practical implications:

•   A Strong Political Message: Recognition represents a strong political and moral stance against the continuation of the occupation and the expansion of settlements, and is seen by many as a necessary step to maintain the viability of the two-state solution.

•   Enhancing Diplomatic Standing: Recognition leads to elevating the level of Palestinian diplomatic representation from missions to full embassies, thereby granting Palestine a very strong presence on the international stage.

•   Pressure on Israel: This wave of recognition exerts significant international pressure on the Israeli government, which firmly rejects the idea of a Palestinian state.

•   A Step Towards Full UN Membership: Palestine seeks to build on these recognitions to obtain full membership in the United Nations, rather than its current status as a non-member observer state that it obtained in 2012.

Reactions and Future Challenges

These recognitions have sparked widespread anger in Israel, where the government described them as "a reward for terrorism" and threatened to take punitive measures, including accelerating settlement construction in the occupied West Bank and annexing parts of it. The first of these was the Israeli Prime Minister's decision to close the bridge connecting Palestine and Jordan, "King Hussein Bridge," until further notice in response to this political move. The United States, Israel’s most prominent ally, described the step as "symbolic" and unhelpful, emphasizing that its focus is on direct diplomacy.

Despite its symbolic and legal importance, recognition faces enormous challenges in translating it into tangible reality on the ground. The Israeli occupation remains in place, settlements divide the West Bank, and the internal political divide between Fatah and Hamas presents a major internal obstacle. Achieving an independent and sovereign Palestinian state requires more than mere diplomatic recognitions; it demands a genuine international political will to end the occupation and a Palestinian internal effort to unify ranks and build democratic institutions capable of governance.

The recent wave of recognitions represents a potentially decisive turning point in the history of the conflict. It brings the Palestinian issue back to the forefront of the international agenda and opens a narrow window of hope for maintaining the two-state solution, yet the path to turning this hope into reality remains long and fraught with challenges and serious risks.