T. Belman. Ahrens suggests that the recognition of Palestine by by 136 states may reach critical mass if France joined them. This may lead to a UNSC resolution of recognition without being stopped by a US veto. He argues;
“But when France, the Security Council and almost the entire world recognizes Palestine, Israel could find it harder to maintain that its approval is needed for Palestinian statehood. The family of nations will have made its near-unanimous decision.”
All such recognition ignores the Motevideo Convention signed in 1933 by all states which stipulates the requirements of statehood:
“The state as a person of international law should possess the following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states.”
Whether you are a state or not does not depend on whether you are recognized as one but whether you fulfill these qualifications.
Although one might argue that Palestine has all these qualities, one would not be correct.
On April 29, 2012, just after the UN recognized Palestine as a non-member state, Amichai Cohen wrote a legal analysis of U.N. Recognition of a Palestinian State in which he wrote,
“Regarding the last condition-the ability to conduct foreign relations-the accepted interpretation of this condition is that it was intended to prevent a situation in which units that are operating within the framework of a federal regime or that are subject to any kind of agreement that prevents them from conducting foreign relations, would be recognized as independent states.”
Palestine fails because it is bound by the Oslo Accords not to conduct foreign relations. In addition it is not enough for the UN to define the territory but Palestine can only exist on territory it controls, ie Area A.
France would be neither the first European state nor the first permanent UN Security Council member to do so. Does that mean Israel can ignore Fabius’s ultimatum?
BY RAPHAEL AHREN, TOI
Palestinian Authority President Mahmoud Abbas waves to the crowd during celebrations for their successful bid to win nonmember state status at the UN in Ramallah, Sunday, Dec. 2, 2012 (photo credit: Nasser Shiyoukhi/AP Photo)Palestinian Authority President Mahmoud Abbas waves to the crowd in Ramallah during celebrations for his successful bid to win nonmember state status for Palestine at the UN, Sunday, Dec. 2, 2012 (photo credit: Nasser Shiyoukhi/AP Photo)WRITERSRaphael
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