Position Paper: Recognizing a Palestinian State is a Legal, Political, and Ethical Necessity

SadaNews - The Negotiations Support Unit in the Palestinian Liberation Organization's Negotiations Affairs Department issued a position paper regarding the recognition of the State of Palestine on the borders of June 4, 1967. The paper emphasized that recognizing the Palestinian state is a legal, political, and ethical necessity for full membership in the United Nations. The paper viewed that recognizing the State of Palestine based on the lines of June 4, 1967, with East Jerusalem as its capital, and accepting it as a full member of the United Nations is not merely a long-awaited step, but a legal commitment, a political necessity, and a moral duty. It is rooted in decades of international consensus on the two-state solution, bolstered by established international law. However, despite broad political support, the Palestinian people remain deprived of full recognition and equality in sovereignty. This paper aims to solidify the necessity for recognition by studying its legal foundations, analyzing the current political impasse, and clarifying the moral and strategic value of immediate action. It stated that the state based on rights: the legal basis for the State of Palestine in the United Nations. According to the United Nations Charter, Article 4 states that membership is open to any peace-loving state that is willing and able to comply with the Charter's obligations. It noted: The State of Palestine, declared in 1988 by the Palestinian Liberation Organization, the legitimate and sole representative of the Palestinian people, recognized by 149 United Nations member states, has demonstrated its commitment to international standards by joining over 100 international treaties and agreements. The World Bank, the International Monetary Fund, and the European Union have consistently assessed the public institutions of the State of Palestine as being capable of performing the functions of a sovereign state. Palestine has maintained these institutional achievements despite the widespread systematic constraints imposed by the ongoing Israeli military occupation. It added: International law has long affirmed that the acquisition of territory by force is impermissible. United Nations Security Council Resolution 242 (1967) reinforced this principle and called for the withdrawal of Israeli forces from occupied territories. This was further emphasized by Resolution 2334 (2016), which explicitly condemned the establishment of settlements on occupied Palestinian land, including East Jerusalem, as "lacking any legal legitimacy." Furthermore, the resolution explicitly designated all Israeli actions and practices as illegal under international law. The International Court of Justice has confirmed in its 2004 advisory opinion on the Separation Wall, and again in its 2024 opinion on the illegality of longstanding Israeli occupation, that Israel's actions in occupied territories violate international law, and that all states are obligated not to recognize the legitimacy of any situation arising from breaches of these rules. It continued: The legitimacy of the Palestinian state is also grounded in international law, as reflected in the United Nations General Assembly Resolution 181 (1947), which recommended the partition of Mandatory Palestine into two states – and the partition resolution was the legal basis and condition under which Israel was accepted as a member of the United Nations. Recognizing Palestine on the lines of June 4, 1967, would complete this unfinished mandate and ensure the consistent and undiminished application of the principle of equality in sovereignty as stipulated in the United Nations Charter. It added: Opponents of recognizing Palestine as a full member of the United Nations often cite Article (7) of the 1995 Oslo Interim Agreement, which prohibits either party from taking unilateral steps to change the status of the West Bank, including East Jerusalem and the Gaza Strip, before the final status negotiations are completed. However, this provision has been systematically violated, not by Palestine, but by Israel, the occupying power. Through its extensive settlement project, unilateral annexation of East Jerusalem, effective annexation policies throughout the West Bank, military control, and the siege imposed on Gaza, Israel has unilaterally altered the legal and geographic landscape of the occupied Palestinian land in blatant violation of its obligations. It stated: These actions violate not only bilateral agreements but also represent the unlawful gradual preparation for expanding Israeli sovereignty over territories not belonging to the occupying power. These actions fundamentally undermine the prospects for a negotiated two-state solution and dismantle the framework within which permanent status negotiations were initially set. In this context, the State of Palestine calls on the permanent members of the United Nations Security Council to assert that any unilateral extension of Israeli sovereignty over any part of the occupied Palestinian territory will be met with corresponding actions from these states, making these actions a legal and diplomatic counterweight, and emphasizing the fundamental principle that sovereignty cannot be acquired by force. It added: Recognizing Palestine on the lines of June 4, 1967 is not a unilateral political option but an obligation to international law, rooted in the principles of the United Nations Charter. No peace without justice: Why recognition is a political necessity? The paper clarified that the political basis for recognizing Palestine today is urgent and necessary. After three decades of the Oslo Accords, the diplomatic process has failed to achieve a negotiated two-state solution. While the Palestinian leadership has adhered to its obligations under these accords, Israel has systematically and unilaterally altered the facts on the ground. The number of settlers increased from 236,000 in 1993 to over 740,000 by the end of 2024, leading to fragmentation of geographical continuity in the West Bank. Additionally, the Israeli government has aggressively moved towards the actual annexation of large parts of the West Bank, including enacting legal measures that expand its local jurisdiction over the occupied territories, although these practices represent a blatant violation of international law. Recently, the Israeli Knesset endorsed a bill supporting the imposition of Israeli sovereignty over the West Bank and the Jordan Valley by a majority of 71 out of 120 members. Israel, the occupying power, has unilaterally annexed East Jerusalem, the capital of the future Palestinian state, and subjected it to demographic engineering policies, displacement, and denial of Palestinian existence. It added: The besieged Gaza Strip, for nearly 18 years, is now in ruins after a devastating military campaign that began in October 2023, during which more than 59,000 Palestinians were killed, and over 143,000 were injured. Civilians have faced the worst indiscriminate attacks and collective punishment, while humanitarian aid access remains prohibited. These facts demonstrate that the status quo is not static; rather, it is deteriorating. The ongoing delay in recognizing Palestine only empowers the occupying power, entrenches the apartheid system, and erodes the possibility of achieving true peace. Therefore, recognizing the State of Palestine is not a substitute for negotiations but a prerequisite for their success. It rebalances the one-sided process by placing both parties on equal legal and diplomatic footing. It also reaffirms the two-state solution as the agreed framework for peace and draws a clear line against further land seizures and population transfers. The 2024 General Assembly resolution calling on the Security Council to reconsider Palestine's request for full membership, supported by 143 countries, exemplifies the depth of international consensus on this position. It continued: Moreover, recognizing the State of Palestine on the lines of June 4, 1967 would establish a clear and legitimate basis for any future land exchanges, as envisioned by Palestinians and Israelis following the Oslo Accords and acknowledged in subsequent peace proposals, emphasizing that these lines are the starting point for sovereignty. This would constitute the foundation for achieving lasting peace and prosperity in the region, ensuring Palestinian geographical continuity in the West Bank, and maintaining political unity between Gaza and the West Bank. It would also provide a legal and diplomatic framework for resolving long-standing disputes over natural resources, which Israel has unilaterally exploited or reallocated, in direct violation of international law and bilateral agreements. The Moral Necessity: Affirming Rights and Ending Hypocrisy It stated: Beyond legal and political considerations, the issue of recognition is grounded in a deep moral necessity. The Palestinian people have suffered for 77 years from displacement, 58 years of military occupation, and about 18 years of siege in Gaza. They have been deprived of their basic rights guaranteed and protected by the international system; namely, self-determination, equality, dignity, and freedom. Recognizing the independent, sovereign state of the Palestinian people reaffirms their humanity and emphasizes that international law applies universally, not selectively. It added: Palestinians have consistently sought their rights through peaceful and diplomatic channels, engaged in peace processes, built institutions, and accepted painful compromises to establish a state. The moral failure does not lie on the Palestinian side but in the international community's inability to enforce its resolutions and hold violators accountable. The continued lack of recognition rewards impunity and undermines the credibility of the rules-based global system. In an age marked by rising geopolitical tensions, where such a system is increasingly needed, restoring the legitimacy of this system must begin with adherence to international law, starting with the recognition of Palestine. It continued: In the wake of the devastation wrought by the "Gaza War," recognition gains renewed importance. It signals to Palestinians that the world has not abandoned them and affirms that rights are non-negotiable and must be upheld through legal and diplomatic means. It also sends a powerful message to other actors in the region that peaceful adherence to international standards will be respected rather than ignored. Recognition, at this critical moral juncture, could help isolate extremists and violent actors on both sides and prevent further radicalization that threatens to destabilize the entire Middle East. Recognition as a Strategic Move: Empowering Peace, Accountability, and Statehood It stated: Recognizing Palestine and accepting it into the United Nations as a full member state is not merely a symbolic gesture; it carries tangible legal, diplomatic, and strategic implications. It allows Palestine to fully participate in the international system, access international courts and dispute resolution mechanisms, and demand the protections and responsibilities granted to sovereign states. It also enhances the enforcement of decisions such as Security Council Resolution 2334 by allowing Palestine to seek accountability for violations of international law. Furthermore, it helps establish the legal infrastructure for future negotiations, including the ability to enter treaties and third-party oversight. It added: Moreover, recognition facilitates the restructuring of Palestinian governance towards sovereignty. It enables redirecting donor support from short-term humanitarian and financial relief to long-term state-building, focusing on revenue management, borders, independent judiciary, and public service delivery. These reforms are essential to building resilience and reducing dependence on Israeli control over Palestinian financial, commercial, and civil affairs. Recognition: A Necessary Step Toward Peace It viewed that recognizing the State of Palestine on the lines of June 4, 1967, with East Jerusalem as its capital, is a legal commitment, a political necessity, and a moral clarity. It is not an end in itself but the beginning of a just path toward equal rights and lasting peace. The international community has affirmed the two-state vision for decades; now it must act decisively to realize it. By recognizing Palestine and granting it full membership in the United Nations, the world affirms that sovereignty derives from law, not from force, and that no people should be deprived of their right to freedom and self-determination. It stated: The cost of delay is not only measured in political terms but in human lives, lost opportunities, and the ongoing erosion of the standards that the United Nations was established to uphold. In short, recognizing the independent State of Palestine represents a dividing line between national right and military might.