Minister rejects claim that recognising Palestinian state would break international law

ITV News

5 days ago

A minister has rejected claims that plans to recognise a Palestinian state would break international law.
Business minister Gareth Thomas told ITV News that the decision is a 'political judgement', after a group of peers raised concerns about the prime minister's announcement.
Some 38 members of the House of Lords, including some of the UK's most eminent lawyers, have written to Attorney General Lord Hermer.
As first reported by The Times newspaper, the peers warned Sir Keir Starmer's pledge to recognise Palestine may breach international law as the territory may not meet the criteria for statehood under the Montevideo Convention, a treaty signed in 1933.
"I obviously respect what those lawyers and colleagues in the Lords have written, but I don't agree," Thomas told ITV News.
"Over 140 countries have already recognised the state of Palestine.
"And in the end, it is a political judgement that has to be made about whether to recognise a state or not.
"The prime minister has been very clear this week and certainly has led the way in conversations with countries such as Canada, which have also just confirmed their intention to recognise the state of Palestine."
Thomas said that the UK will recognise the state of Palestine in September at the UN General Assembly, "unless there is an end to the violence, unless the aid that is necessary gets in, and unless Israel commits to a two-state solution."
In their letter to Lord Hermer, the peers said Palestine 'does not meet the international law criteria for recognition of a state, namely, defined territory, a permanent population, an effective government and the capacity to enter into relations with other states'.
There is no certainty over the borders of Palestine, they said, and no single government, as Hamas and Fatah are enemies.
Lord Hermer has previously insisted that a commitment to international law 'goes absolutely to the heart' of the government's approach to foreign policy.
Among the respected lawyers who have signed the letter are Lord Pannick, who represented the previous government at the Supreme Court over its Rwanda scheme, as well as KCs Lord Verdirame and Lord Faulks.
Some of the British-Israeli hostages, including Emily Damari, have also criticised Starmer over the government's plans.
In a post on X, Damari said the move "does not advance peace - it risks rewarding terror".
In response, Starmer told ITV News he does "particularly listen" to hostages.
'I particularly listen to the hostages, Emily Damari, who I have spoken to, – I've met her mother a number of times, and they've been through the most awful, awful experience for Emily and for her mother," he said.
'And that's why I've been absolutely clear and steadfast that we must have the remaining hostages released.
"That's been our position throughout and I absolutely understand the unimaginable horror that Emily went through."
He continued: "Alongside that, we do need to do everything we can to alleviate the humanitarian catastrophe in Gaza, where we are seeing here children and babies starving for want of aid which could be delivered.
"And that is why I've said that unless things materially change on the ground, and we'll have to assess this in September, we will recognise Palestine before the United Nations General Assembly in September."