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ITV News
8 hours ago
- Politics
- ITV News
Minister rejects claim that recognising Palestinian state would break international law
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."
UPI
10 hours ago
- Politics
- UPI
Lawyers warn British govenment over Palestnian state recognition plan
More than 40 members of the House of Lords wrote the attorney-general, urging him to advise the British government to ditch a plan to recognize a Palestinian state in September because it would break international law. File Photo by Peter Foley/UPI. | License Photo July 31 (UPI) -- British lawmakers warned Thursday that proposed recognition of a Palestinian state by the government of Prime Minister Keir Starmer would breach international law because Palestine does not meet the legal threshold for statehood. The 43 members of the House of Lords, Parliament's upper chamber, said in a letter that the plan to recognize Palestine unless Israel agreed to a cease-fire and resumed efforts toward a two-state solution violated the legal requirements of an Americas treaty from the 1930s. The 1933 Montevideo Convention on the Rights and Duties of States, signed by the United States, Brazil, Peru and 17 other Americas nations, stipulates that to be recognized as a defined territory in international law, a state must have a permanent population, an effective government and the capacity to enter into relations with other states. The bipartisan group of peers, among them some of Britain's top legal experts, wrote the attorney-general, Lord Hermer, urging him to advise Starmer against the move on the grounds that Palestine met only one of the criteria. They said the lack of certainty over borders was obvious as was the absence of a "functioning single government," given the bitter power struggle between the two Palestinian factions -- Fatah in the West Bank and Hamas in Gaza. "The former has failed to hold elections for decades, and the latter is a terrorist organization, neither of which could enter into relations with other states," the group said. The lords called Hermer on a previous claim that government foreign policy was guided entirely by its commitment to international law, saying that if that were true, Hermer should "explain to the public and to the government that recognition of Palestine would be contrary to the principles governing recognition of states in international law." The government responded by pointing out that Britain was not a signatory to the Montevideo Convention and that the move was in line with the bulk of United Nations member-countries that had already taken the step to formally recognize a Palestinian state. "We haven't signed up to the Montevideo Convention, but is there a clear population in Palestine? Yes, there is in Gaza and the West Bank," business minister Gareth Thomas told a radio station. "We have made clear that we think you would recognize the state of Palestine, and that state of Palestine would be based on the 1967 borders. Of course, there would have to be land swaps and there would be a shared capital of Jerusalem. They are well-regarded international views. "As I say, 140 other countries have already recognised the state of Palestine. The prime minister was in talks this week with a series of countries, including Canada, and Canada have overnight, as you will have seen, taken the decision to recognise Palestine in September." However, Lady Deech, an academic lawyer and chair of the House of Lords Appointments Commission, said the Montevideo Convention was based on a pre-existing law and, since it had gone unchallenged for so long, was now considered customary law. "This country is definitely bound by it, as the prime minister must know," she said. Lady Deech also pointed out that Palestinians had rejected the offer of a Palestinian state no fewer than four times in the seven decades prior to 2008. In his first comments since doubts over the legality of his policy emerged, Starmer avoided the issue, instead addressing widely reported criticism from British-Israeli hostage Emily Damari, held by Hamas for more than a year, who accused Starmer of "moral failure" and standing on the wrong side of history. Starmer insisted he listened to the hostages and their families and continued as he had always done to push for the release of those still held. But he said Britain also needed to do everything it could to "alleviate the humanitarian catastrophe in Gaza, where we are seeing the children and babies starving for want of aid which could be delivered."
Rhyl Journal
10 hours ago
- Politics
- Rhyl Journal
PM says he ‘particularly' listens to hostages after Palestine backlash
The Prime Minister said there is a 'need to do everything we can to alleviate the human catastrophe in Gaza' after Emily Damari accused him of 'moral failure' over the move. Ms Damari said that Sir Keir is 'not standing on the right side of history' and that she was 'deeply saddened' by the decision. As well as Ms Damari's criticism, Wednesday also saw a group of peers warn that the pledge could break international law. Speaking to ITV West Country while on a visit to Swindon on Thursday, the Prime Minister said: '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. '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. 'Alongside that, we do need to do everything we can to alleviate the humanitarian catastrophe in Gaza, where we are seeing the children and babies starving for want of aid which could be delivered. 'That is why I've said unless things materially change on the ground, we'll have to assess this in September, we will recognise Palestine before the United Nations General Assembly in September.' It comes as some 38 members of the House of Lords, including some of the UK's most eminent lawyers, wrote 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. Business minister Gareth Thomas described the decision as a 'political judgment' and said ministers 'believe it is' compliant with international law. He told Times Radio 'In the end, recognition of another state is a political judgment and over 140 countries have already recognised Palestine, and we're determined to do so in September if Israel does not end the violence in Gaza, agree to a ceasefire and agree to a lasting route towards a two-state solution, and to no annexation in the West Bank.' 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. In their letter, seen by the PA news agency, the peers added: 'You have said that a selective, 'pick and mix' approach to international law will lead to its disintegration, and that the criteria set out in international law should not be manipulated for reasons of political expedience. 'Accordingly, we expect you to demonstrate this commitment by explaining to the public and to the Government that recognition of Palestine would be contrary to the principles governing recognition of states in international law.' Lord Hermer has previously insisted a commitment to international law 'goes absolutely to the heart' of the Government's approach to foreign policy. Sir Keir announced earlier this week that the UK could take the step of recognising Palestine in September ahead of a gathering at the UN. The UK will only refrain from doing so if Israel allows more aid into Gaza, stops annexing land in the West Bank, agrees to a ceasefire, and signs up to a long-term peace process over the next two months, the Prime Minister said.
Powys County Times
12 hours ago
- Politics
- Powys County Times
Ministers ‘believe' Palestine recognition is compliant with international law
The Government 'believe' the plan to recognise a Palestinian state is compliant with international law, a minister has said. Business minister Gareth Thomas described the decision as a 'political judgment' after a group of peers warned it could be in contravention of international law. Some 38 members of the House of Lords, including some of the UK's most eminent lawyers, have written to Attorney General Lord Hermer about the Prime Minister's announcement. 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. Asked whether recognising Palestine is compliant with international law, Mr Thomas told Times Radio: 'Yes, we believe it is. 'In the end, recognition of another state is a political judgment and over 140 countries have already recognised Palestine, and we're determined to do so in September if Israel does not end the violence in Gaza, agree to a ceasefire and agree to a lasting route towards a two-state solution, and to no annexation in the West Bank.' 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. Mr Thomas told Times Radio there is a 'clear population' in Palestine and 'we have made clear that we think you would recognise the state of Palestine, and that state of Palestine would be based on the 1967 borders'. In their letter, seen by the PA news agency, the peers added: 'You have said that a selective, 'pick and mix' approach to international law will lead to its disintegration, and that the criteria set out in international law should not be manipulated for reasons of political expedience. 'Accordingly, we expect you to demonstrate this commitment by explaining to the public and to the Government that recognition of Palestine would be contrary to the principles governing recognition of states in international law.' Lord Hermer has previously insisted a commitment to international law 'goes absolutely to the heart' of the Government's approach to foreign policy. Among the respected lawyers to 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. Sir Keir announced earlier this week that the UK could take the step of recognising Palestine in September ahead of a gathering at the UN. The UK will only refrain from doing so if Israel allows more aid into Gaza, stops annexing land in the West Bank, agrees to a ceasefire, and signs up to a long-term peace process over the next two month, the PM said.
The National
13 hours ago
- Politics
- The National
UK recognising Palestine 'may breach international law', Lords claim
In a letter addressed to Attorney General Richard Hermer, the [[UK Government]]'s top legal adviser, 40 peers – including seven KCs – argued that the criteria for recognising Palestine as a state have not been met under the Montevideo Convention. The treaty, signed in the Uruguayan capital in 1933, laid out the four key criteria for statehood: a state must possess a permanent population; a defined territory; a government; and the capacity to enter into relations with other states. The Montevideo Convention has 17 states parties – all of which are in the Americas and many of which, including Colombia, Brazil, Chile, and Mexico, have already recognised the Palestinian state. However, the letter, which was reported by The Times, urges the UK Government to reconsider its position based on the 1933 treaty. Keir Starmer has committed to recognising Palestine in September, if Israel does not meet a list of conditions including signing up to a peace process resulting in a two-state solution. The letter calls on Hermer to advise Starmer 'that this would be contrary to international law'. It goes on: 'You are on record as saying that a commitment to international law goes absolutely to the heart of this government and its approach to foreign policy. 'You have said that a selective 'pick and mix' approach to international law will lead to its disintegration, and that the criteria set out in international law should not be manipulated for reasons of political expedience. READ MORE: UK recognition of Palestine 'worthless' without concrete action, expert says 'Accordingly, we expect you to demonstrate this commitment by explaining to the public and to the government that recognition of Palestine would be contrary to the principles governing recognition of states in international law. We look forward to your response.' Among the signatories from the House of Lords are David Pannick KC, Guglielmo Verdirame KC, Edward Faulks KC, and Lawrence Collins, a former judge on the Supreme Court. The peers, many of whom have longstanding ties to the Conservative Party, warned that recognising a Palestinian state now would represent a 'selective' application of international law and risked politicising legal principles. Their intervention comes as Starmer announced the UK Government would follow France's lead and officially recognise Palestinian statehood in September if Israel and Hamas do not agree to a ceasefire. UK Prime Minister Keir Starmer and French premiere Emmanuel Macron (right)In recent days, the Labour leader has spoken with Canadian prime minister Mark Carney and Australia's Anthony Albanese, framing recognition not as a symbolic act, but as a lever for peace. Starmer was fiercely criticised for the conditions of recognition, with the SNP saying that recognising [[Palestine]] must be 'irreversible'. Canada has since indicated it will recognise a Palestinian state, provided the Palestinian Authority commits to elections and other democratic reforms with no involvement from Hamas. More than 250 MPs, including Labour's foreign affairs committee chair Emily Thornberry, have called for the recognition of the Palestinian state. Meanwhile, in a separate legal development, the High Court ruled this week that the Home Office's proscription of the protest group Palestine Action should be reviewed. The group is accused of damaging military infrastructure, but the court found it 'reasonably arguable' that the ban infringes on rights to protest. A full hearing will now go ahead.
