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Britain and France talk of recognising a Palestinian state. What would it mean?

Britain and France talk of recognising a Palestinian state. What would it mean?

NZ Herald5 days ago
That assault killed about 1200 people and led to the abduction of about 250 others to Gaza.
The announcements raise questions about what the recognition of a Palestinian state would mean and what it can actually do.
British Prime Minister Sir Keir Starmer speaks during a meeting with US President Donald Trump at the Trump Turnberry golf club in Turnberry, Scotland, on Tuesday. Photo / Tierney L. Cross, the New York Times
What is a state?
The criteria for statehood were laid out in an international treaty in 1933.
They include four elements: a permanent population; defined territorial boundaries; a government; and an ability to conduct international affairs.
Recognition is an official acknowledgement that a would-be state broadly meets those conditions. It can occur even if an element is in dispute, including territorial boundaries.
Like all legal questions, 'interpretation matters', said Zinaida Miller, a professor of law and international affairs at Northeastern University in the United States.
The criteria for recognising a Palestinian state have been met at a basic level, many experts on international law say.
A permanent population and land exist.
The borders, while disputed, are broadly understood to be in Israeli-occupied territories, including the West Bank and the Gaza Strip, which was seized in 1967 in a war with a coalition of Arab states; as well as East Jerusalem, which Israel has effectively annexed.
The Palestinian Authority is a government body that administers part of the West Bank and represents Palestinians.
Its creation was authorised by the Palestine Liberation Organisation, which represents Palestinians internationally.
While there are limits to what the Palestinian Authority can do, given the Israeli occupation of the West Bank and Hamas' control of Gaza, foreign recognition of a Palestinian state would mean the establishment of direct diplomatic contact between the authority and the recognising nation.
Recognition would also send diplomatic and political messages.
It would acknowledge the Palestinian right to self-determination and reject the positions and actions of the Israeli Government that undermine that right, Miller said.
'A basis for added pressure.'
A major consequence of recognising Palestinian statehood is that it provides a basis for 'a complete revision of bilateral relations with Israel', said Ardi Imseis, an associate professor at Queen's University Faculty of Law in Ontario and a former United Nations official.
A country that recognises Palestine has to review agreements with Israel to make sure they do not violate its obligations to the Palestinian state.
This would include political and territorial integrity, as well as economic, cultural, social and civil relations, he said.
For example, if an aspect of trade aids or assists Israel in violation of the rights of a Palestinian state, then the recognising nation would have to cease that exchange.
'Practically speaking, recognition would provide a basis for added pressure to be brought to bear by civil society and lawmakers in the recognising state' to change policies and align them with other requirements, Imseis said.
A recognising nation would not have to stop all trade with Israel, said Paul Reichler, a lawyer who represents sovereign states and has argued for the state of Palestine at the International Court of Justice.
But if, for example, a country that recognises a state of Palestine imports agricultural products from farms belonging to settlers in occupied territories, those agreements would be aiding and abetting the commission of a wrongful act, he said.
International law experts note that an advisory ruling from the International Court of Justice last year concluded, among other things, that the Israeli occupation of Palestinian territories violated a prohibition on territorial conquest.
A UN majority for recognition already exists.
Most countries in the United Nations — 147 out of 193 — already recognise a Palestinian state.
Britain and France would be joining them, and their position has extra heft because they are permanent members of the UN Security Council, with the power to veto any substantive council resolution, including on the admission of new member states.
The two countries would be bolstering the stance taken by most other nations and sending a political message, but their shift would also have a practical effect.
They would join China and Russia in recognising a Palestinian state and leave the US as the sole permanent member of the Security Council with veto power that is holding out.
The state of Palestine currently has observer status at the UN, and that will not change if the US maintains its opposition to full membership.
Prime Minister of Israel Benjamin Netanyahu. Photo / Eric Lee, the New York Times
What is the goal of recognition?
It is part of a political, diplomatic, and legal push to reach a two-state solution to the Israeli-Palestinian conflict despite resistance from Israel's current government.
'There are two peoples living between the river and the sea, not one, and they are entitled to separate states in which each of these peoples enjoys the full panoply of civil and human rights,' Reichler said.
'The only solution is two states, and it so happens that is what international law requires and is reflected in UN resolutions and in determinations of the ICJ,' he said.
Although the declarations of Palestinian statehood may appear symbolic, 'small steps' like recognition 'make a contribution' to the goal of establishing two states, he said.
Some nations, like Norway, once held off recognising a Palestinian state in the belief that recognition would someday emerge from a negotiated peace process.
With such a process seemingly currently out of reach and outrage over Israeli policies growing, some countries have put recognition first in the hope that it would lead to a peace process.
Israel's Prime Minister, Benjamin Netanyahu, has said that the establishment of a Palestinian state would endanger Israel's security, and he has rejected the notion, particularly since the war in Gaza began.
His governing coalition includes far-right ministers who are settlers and staunchly opposed to a Palestinian state, and he risks their abandoning the bloc if he indicates a willingness to consider it.
In a statement yesterday, Netanyahu said Britain's announcement 'rewards Hamas' monstrous terrorism and punishes its victims'.
This article originally appeared in The New York Times.
Written by: Ephrat Livni
Photographs by: Saher Alghorra, Tierney L. Cross, Eric Lee
©2025 THE NEW YORK TIMES
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To many Arabs, who view it as a great betrayal, it seeded a legacy of strife and bloodshed in the Middle East. The real-time crisis unfolding in the Gaza Strip — the starving children, the Israeli restrictions on aid, the Palestinians killed as they try to collect food — undoubtedly had a greater impact on Prime Minister Keir Starmer of Britain and President Emmanuel Macron of France than the stains of the past. Yet their momentous decisions have cast a light on the shadowy roles of both countries in a region where they once vied for influence. 'The history is so relevant,' said Eugene L. Rogan, a professor of modern Middle Eastern history at the University of Oxford in England. 'It shows there's always a chance for historical actors who screwed up in the past to make up for their mistakes.' Rogan praised the moves towards recognition for reasons both past and present. 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This article originally appeared in The New York Times. Written by: Mark Landler Photographs by: Saher Alghorra ©2025 THE NEW YORK TIMES

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