Why ‘Palestine’ Would Be a Dangerous Legal Fiction
An informed brief according to international law which constitutes an important, scholarly exposition of Israel’s situation in the face of the PA demand for statehood.
Many legal and practical problems are associated with the impending Palestinian “final demand” for statehood. Jurisprudentially, even if an expanding number of European states should jump on the “Palestine” bandwagon, and agree uniformly to recognize this 23rd Arab state, these actions would still have no authoritative legal effect. This isbecause, inter alia, the governing treaty on statehood – the Convention on the Rights and Duties of States (1934) stipulates a number of explicit criteria that always must be satisfied, irrespective of recognition.[i]
There are other substantial problems with the contrived Palestinian end-run around international law. In principle, declarations of support for Palestinian “self-determination”[ii] might not be unreasonable per se if the Palestinian side were authentically committed to a “Two-State Solution.”[iii] Yet, both Fatah and Hamas, even as they periodically war on each other, somehow manage to agree on at least one overriding point. This is their unchanging annihilatory mantra: (1) Israel represents an abomination in the Dar al-Islam (the world of Islam), purely on irremediable religious grounds, and: (2) Israel is nothing more than “Occupied Palestine.”
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