31-07-2025
Jewish leaders raise ‘practical' concerns about Palestinian state
Jewish leaders in Australia have raised concerns about the practical implications of Palestinian statehood, as legal experts argue there is 'flexibility' under international law to pave the way to recognition.
The nation's leading international law academics have backed the global push to recognise a Palestinian state as being justified under the standards set under the Montevideo Convention, outlining four criteria for statehood.
As momentum builds for a two-state solution, 40 members of Britain's House of Lords have warned British Prime Minister Keir Starmer that a Palestinian state would not meet the criteria for recognition under the international convention.
The letter, sent by British Attorney-General Richard Hermer and some of the UK's most prominent lawyers, argued that recognition would contravene international law because Palestine did not have a functioning single government or diplomatic capacity.
The concerns have been echoed by Executive Council of Australian Jewry head of legal Simone Abel, who cautioned of the difficulty of recognising a state with no 'legitimate effective government capable of exercising control that our government can engage in relations with'.
'While recognition of Palestinian statehood may pose a conundrum under international law, the law is ever-evolving,' she said.
'At the heart of what would be a political act are very real practical questions.'
Zionist Federation of Australia president and leading lawyer, Jeremy Leibler, also raised concerns about the practical implications of recognition, branding the push as 'completely detached from reality'.
'Now, let's say it does satisfy some of the legal criteria. What are the borders of this state? Who's the government? Is it going to be the Palestinian Authority?,' he said.
'Hamas is still in control of Gaza. It just seems completely detached from reality.'
But University of Sydney international law professor Tim Stephens said he disagreed with the argument that a Palestinian state could not be recognised under international law, arguing that the requirements could be applied 'flexibly'.
The 1933 Montevideo Convention required that all states have a permanent population, defined territory, functioning government and capacity to enter into diplomatic relations with other countries.
'I would disagree with that assessment from those expressing that view, I think a pretty reasonable case can be made that Palestine does meet the criteria for statehood and has for some time,' he said.
'Whether it's the effective government, borders, capacity to enter into international relations or permanent population, they're the four criteria.
'There's a good argument that all, all four can be met.'
University of Sydney chair of international law and UN special rapporteur, Ben Saul, agreed Palestine satisfied some of the formal criteria for statehood, with the requirement for effective government posing a 'challenge'.
'It's a really important point that those criteria of statehood are not, and have never been, rigidly applied under international law,' he said.
'There is flexibility to take into account other considerations, and particularly in cases where people have a right of self-determination … that plays a very important role in how states regard whether an entity could be a state or not.'
ANU international law expert Donald Rothwell said he agreed Palestine met the requirements for statehood, remarking that it was not uncommon for new states to have unsettled boundaries and the 'unique circumstances' could be considered.
'A strict view can be taken in terms of the interpretation of those provisions, or some margin of appreciation can be applied as to how those conditions are interpreted,' he said. Economics
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