By Ted Belman
Now that Brazil and Argentina and other Latin American states are recognizing Palestine within ’67 borders I would remind you that when Palestine first declared itself about 10 years ago, 86 states recognized it.
In my article, Will President Palin end the futile “peaceprocess”, I wrote,
The Jerusalem Centre for Public affairs published a paper on International Recognition of a Unilaterally Declared Palestinian State: Legal and Policy Dilemmas by Tal Becker. He writes “The Palestinian entity does not become a state under international law merely by a unilateral declaration to that effect. To be eligible for recognition it must satisfy specific legal criteria. Indeed, under international law, the recognition of an entity which clearly fails to meet these criteria constitutes an unlawful and invalid act.”
These criteria include,
• Is There an Effective and Independent Government?
• Does the Palestinian Entity Possess a Defined Territory?
• Does the Palestinian Entity have the Capacity to Freely Engage in Foreign Relations?
• Is There Effective and Independent Control Over a Permanent Population?
• Unilateral Palestinian Attempts to Acquire the Attributes of Statehood”
Becker takes the position that a state declared by the PA meets none of those criteria. Nevertheless, many countries could possible ignore international law and recognize Palestine anyway. What then?
“Palestine” would be a state in name only without sovereignty or independence, at least no more than they have now. It would signal the end of the Oslo Accords and the Roadmap and UNSC Res 242 upon which they are based. Israel would be free to set its own borders even to the Jordon River. It could do this by simply extending Israeli law over all of Judea and Samaria, save for Palestinian population centers.
It is for these reasons, that not only will the US and Europe be reluctant to recognize such a state but that also the PA is unlikely to declare it without their support.
It is clear that momentum is building for states to recognized Palestine with ’67 borders. The European states will be next. Can the US be far behind?
What then? We will still be in possession of the whole land and will no longer be bound by Res 242 or the Roadmap.
Will Israel begin annexation of wait for the international community to go beyond recognition?