For many countries yes. But others do not give this recognition to the Palestinian territories. Understanding how this process works Not all countries in the world recognize the existence of a Palestinian state, and the issue is widely controversial among researchers and diplomats. This is the current situation:
What is a State?
There are two theories of state status: the declarative theory and the constitutive theory.
Defenders of the declarative theory argue that a state can be considered such if it satisfies the definition of the Montevideo Convention, according to which, to be considered a state, a territory needs a permanent population, a specific territory, its own government and the ability to enter into relations with other states.
This convention states that the sovereign state does not depend on the recognition of the existence of other states.
“Even before being recognized, the State has the right to defend its integrity and independence, to promote its conservation and prosperity, and, consequently, to organize itself as it sees fit, to legislate on its interests, to administer its services and to determine the jurisdiction and competence of its courts,” it reads.
This leads to the second theory of the state: the constitutive theory. This says that a State can only be recognized as such if the other States in the world consider it a State. This theory is not codified in the treatises. Instead, it views the state as a matter of both international law and diplomacy.
Do the Palestinian territories meet the definition of a state?
Experts have differing opinions on whether the Palestinian territories meet the legal definition of statehood.
Some say yes, while others say they do not meet the criteria expressed in the Montevideo Convention.
And still others oppose the use of the Montevideo Convention, saying that the best path to statehood for the Palestinian territories would be through international recognition.
Which countries recognize the existence of a Palestinian state?
The majority of the 193 UN countries – 139 – recognize the Palestinian territories as a state.
An application for membership in the United Nations must be approved by at least nine of the 15 members of the Security Council. If there is a veto from one of the five permanent members, the request is rejected. These five countries are China, the United States, France, the United Kingdom and Russia.
The United States, France and the United Kingdom do not recognize the existence of a Palestinian state. These three countries have already declared that there will be no recognition until the conflict with Israel is resolved peacefully.
Nine of the 27 member countries of the European Union recognize the existence of a Palestinian state. Almost all are former members of the Soviet Union and in almost all cases recognition predates entry into the European Union.
Sweden, which recognized the existence of a Palestinian state in 2014, is the only EU country to have done so after joining the bloc.
Since 2010, Brazil has recognized “the Palestinian state within the borders of 1967”, i.e. including the Palestinian territories occupied by Israel in the Six-Day War.
The United Nations considers Palestine to be a non-member observer state, meaning it can participate in sessions of the General Assembly and can maintain representation at the United Nations headquarters in New York.
Thanks to this status, obtained in 2012, since 2015 it has also been a member of the International Criminal Court (ICC), the only permanent international court that can prosecute individuals for war crimes.
In 2021, then-prosecutor Fatou Bensouda announced that the International Criminal Court was opening an investigation into the situation in the Palestinian territories. This investigation, which Israel has already condemned, is ongoing.
Palestine’s accession to the Rome Statute and membership of the International Criminal Court gave the International Criminal Court the legal ability to investigate crimes committed by Palestinians or in Palestinian territory.
What is the impact of recognition?
A state can be recognized as such but not be a member of the United Nations. Switzerland, for example, only joined the UN as a member state in 2022. Lichtenstein only joined in 1990, and San Marino until 1992. All were considered internationally recognized states before joining.
Non-member observer state status means that Palestine can participate as an observer in the internal processes of the United Nations, but cannot vote in the General Assembly. Palestine, for example, was unable to vote on the recent resolution calling for a ceasefire in the conflict between Israel and Hamas, which was rejected. Nor could he vote for a resolution calling for a humanitarian pause in the conflict, which was approved.
What is Germany’s position on the Palestinian state?
Germany does not recognize the existence of a Palestinian state. However, he supports “the creation of a future Palestinian state as part of a two-state solution negotiated between the parties to the conflict.”
Because it does not recognize Palestine as a state, Germany uses the term “Palestinian territories” to refer to the occupied West Bank, East Jerusalem and Gaza. When referring to Palestinian representatives, he uses the term “Palestinian Authority”.
The question of Germany’s position on the status of the Palestinian territories has already been raised in the country’s courts. In November 2020, a German court confirmed that “there is no Palestinian nationality” nor a State of Palestine and ruled that Palestinian refugees are considered “stateless”.
Source: Terra
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