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If the UK recognises Palestine does it risk breaking international law?
If the UK recognises Palestine does it risk breaking international law?

The Guardian

time01-08-2025

  • Politics
  • The Guardian

If the UK recognises Palestine does it risk breaking international law?

A group of senior lawyers has written to the UK government's most senior legal adviser, Lord Hermer, claiming that Keir Starmer's pledge to recognise Palestine risks breaking international law. Here the Guardian explains the Montevideo convention, which they cite, and examines whether it does represent an obstacle to recognition. It is a treaty signed in the Uruguayan capital in 1933 by 19 states, all from the Americas, including the US, that set four criteria for recognition of a state. They were: a defined territory, a permanent population, a government and the capacity to enter into international relations. The fact that the UK did not sign does not mean that it would not apply to Britain, as it can be recognised as part of customary international law. According to the Times, which has seen the letter, it says that there is no certainty over the borders of a proposed Palestinian state and the government would face difficulty continuing to recognise millions of Palestinians in the West Bank and Gaza as 'refugees', given recognition of statehood would mean they were in their own territory. The signatories also reportedly point to the fact that there is no functioning single government – Hamas controls Gaza and Fatah the West Bank – and claim Palestine has no capacity to enter into diplomatic relations (although it does have embassies and is party to international treaties). The state of Palestine has been recognised by 147 other countries, which suggests they disagree. Philippe Sands KC, a professor of law at University College London, pointed out that in its advisory opinion last year the UN's top court, the international court of justice (ICJ), recognised 'the right of the Palestinian people to self-determination, including its right to an independent and sovereign state'. Sands said: 'I have no doubt whatsoever that if it were asked, the ICJ would reject the argument that it is somehow unlawful to recognise the existence of Palestinian statehood. Palestine meets all the legal criteria of statehood; all that remains is a political consideration, namely whether to recognise or not that those criteria are met. The court's language makes clear that that right exists now, and it exists because all the criteria for statehood are met.' Victor Kattan, an assistant professor in public international law at the University of Nottingham, said the Montevideo convention was a 'starting point' but that other rules of international law had emerged since, including the right of self-determination. He said many states had or had previously had border disputes and governance issues. 'Of course, the Palestinian Authority is not able to exercise all elements of government authority but that's because of an occupation which the ICJ last year declared was unlawful,' he said. It was reportedly signed by 40 peers, including many senior lawyers, among them Lord Pannick KC and Lady Deech. They are both patrons of UK Lawyers for Israel (UKLFI), whose chief executive, Jonathan Turner, has said that neither Israel's occupation nor its settlements are illegal. Another signatory, Lord Verdirame, unsuccessfully argued alongside Pannick, in a submission to the international criminal court, that it had no jurisdiction over crimes allegedly committed in the occupied Palestinian territories. The former supreme court judge Lord Collins also signed.

If the UK recognises Palestine does it risk breaking international law?
If the UK recognises Palestine does it risk breaking international law?

The Guardian

time31-07-2025

  • Politics
  • The Guardian

If the UK recognises Palestine does it risk breaking international law?

A group of senior lawyers has written to the UK government's most senior legal adviser, Lord Hermer, claiming that Keir Starmer's pledge to recognise Palestine risks breaking international law. Here the Guardian explains the Montevideo convention, which they cite, and examines whether it does represent an obstacle to recognition. It is a treaty signed in the Uruguayan capital in 1933 by 19 states, all from the Americas, including the US, that set four criteria for recognition of a state. They were: a defined territory, a permanent population, a government and the capacity to enter into international relations. The fact that the UK did not sign does not mean that it would not apply to it, as it can be recognised as part of customary international law. According to the Times, which has seen the letter, it says that there is no certainty over the borders of a proposed Palestinian state and the government would face difficulty continuing to recognise millions of Palestinians in the West Bank and Gaza as 'refugees', given recognition of statehood would mean they were in their own territory. The signatories also reportedly point to the fact that there is no functioning single government – Hamas controls Gaza and Fatah the West Bank – and claim that it has no capacity to enter into diplomatic relations (although it does have embassies and is party to international treaties). The state of Palestine has been recognised by 147 other countries, which suggests they disagree. Philippe Sands KC, a professor of law at UCL, pointed out that in its advisory opinion last year the UN's top court, the international court of justice (ICJ), recognised 'the right of the Palestinian people to self-determination, including its right to an independent and sovereign state'. Sands said: 'I have no doubt whatsoever that if it were asked, the ICJ would reject the argument that it is somehow unlawful to recognise the existence of Palestinian statehood. Palestine meets all the legal criteria of statehood; all that remains is a political consideration, namely whether to recognise or not that those criteria are met. The court's language makes clear that that right exists now, and it exists because all the criteria for statehood are met.' Victor Kattan, assistant professor in public international law at the University of Nottingham, said that the Montevideo convention was a 'starting point' but that other rules of international law had emerged since, including the right of self-determination. He said that many states had or had previously had border disputes and governance issues. 'Of course the Palestinian Authority is not able to exercise all elements of government authority but that's because of an occupation which the ICJ last year declared was unlawful,' he said. It was reportedly signed by 40 peers, including many senior lawyers, among them Lord Pannick KC and Lady Deech. They are both patrons of UK Lawyers for Israel (UKLFI), whose chief executive, Jonathan Turner, has said that neither Israel's occupation nor its settlements are illegal. Another signatory, Lord Verdirame, unsuccessfully argued alongside Pannick, in a submission to the international criminal court, that it had no jurisdiction over crimes allegedly committed in the occupied Palestinian territories. The former supreme court judge Lord Collins also signed.

Trump Issues Big Warning To Canada After Carney Announces Palestine Statehood Plan
Trump Issues Big Warning To Canada After Carney Announces Palestine Statehood Plan

Time of India

time31-07-2025

  • Politics
  • Time of India

Trump Issues Big Warning To Canada After Carney Announces Palestine Statehood Plan

U.S. President Donald Trump has sharply criticised Canada for its recent decision to recognise a Palestinian state, warning that the move could jeopardise ongoing trade negotiations between the two countries. In a Truth Social post, Trump suggested that Canada's stance on Palestine would make a trade deal 'very hard' to achieve, marking a shift from his earlier reactions to similar decisions by the UK and France. While he previously disagreed with those recognitions, he did not threaten consequences. This is the first time Trump has publicly tied recognition of Palestine to potential trade retribution, signalling a more aggressive foreign policy stance.#TrumpCanada #PalestineRecognition #TradeTensions #USForeignPolicy #TrumpTradeThreat #CanadaUSRelations #MiddleEastPolitics #PalestinianStatehood Read More

Majority of Labour Party's Muslim representatives unhappy with UK government's Gaza policy
Majority of Labour Party's Muslim representatives unhappy with UK government's Gaza policy

Arab News

time05-06-2025

  • Politics
  • Arab News

Majority of Labour Party's Muslim representatives unhappy with UK government's Gaza policy

LONDON: Muslim political representatives who belong to UK Prime Minister Keir Starmer's Labour Party are overwhelmingly unhappy with the British government's approach to the war in Gaza, a survey reveals. The study by the Labour Muslim Network found that 82 percent of the Muslim MPs, councillors and mayors that were polled described Starmer's handling of the conflict as 'fairly bad' or 'very bad.' Three‐quarters supported the suspension of all UK arms exports to Israel, and nearly all of the respondents backed immediate, official recognition by the UK of the State of Palestine. More than 80 percent favored sanctions on Israel. The results of the survey will add to the pressure on Starmer over the issue, with large sections of his party increasingly voicing anger over the UK's lack of action against Israel over the war in Gaza. In recent weeks the prime minister has stepped up his criticism of the Israeli military campaign in the territory, which has killed more than 54,000 people since October 2023. The UK last month joined France and Canada in calling on Israel to end the fighting and resume deliveries of humanitarian aid. All three countries threatened 'concrete measures' if Israel failed to halt the slaughter. Britain also paused negotiations with Israeli authorities for a free-trade agreement. In September 2024, the UK suspended 30 of 350 export licenses to Israel for weapons used in military operations in Gaza, after a review of Israeli compliance with international humanitarian law. However, many members on the left wing of the Labour Party want much stronger action, including an end to all arms sales and tougher sanctions. There have also been growing demands for the UK to join the majority of UN member states in officially recognizing the Palestinian sate. The issue of the war in Gaza featured heavily during campaigning for the UK parliamentary elections last year, and independent candidates running on pro-Palestinian platforms took five seats from Labour. There are 25 Muslim MPs in the UK Parliament, 19 of whom belong to the Labour Party. The survey was sent to 477 party members who are elected representatives, and 221 responded. In addition to the dissatisfaction with Labour's policy on Gaza, many voiced concern about discrimination within their own party. Two-thirds said they were not treated equally to other Labour representatives, and more than a half said they did not believe the party takes Islamophobia seriously enough. In its report on the survey results, the Labour Muslim Network said the figures 'tell the story of a growing chasm between the Labour Party and its Muslim representatives.' It added: 'The party must urgently address the structural issues identified in this report or face the moral and political consequences to come.' A Labour spokesperson told The Guardian newspaper: 'The Labour Party is proud of the diversity of our party, including the increase in the number of Muslim MPs in the parliamentary Labour party and having the first Muslim lord chancellor in Shabana Mahmood, and the first Muslim mayor of London in Sadiq Khan. 'We take any complaints of discrimination, including Islamophobia, seriously.'

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