Israel’s increasing attacks to undermine the possibility mean that no action is too small or without consequence
Palestinian hopes for achieving an independent state comprising the West Bank, Gaza and East Jerusalem have been lifted by France, Britain, Portugal, Canada, Australia and a number of other countries formally recognising the state of Palestine in recent days, after nearly 80 years of its existence.
The 1948 UN resolution that divided Palestine to create the state of Israel also created a Palestinian state, but only 147 if its 193 member states had formally recognised Palestinian statehood and the Palestinian people’s right to self determination by 2023, the year the Israeli war in Gaza began.
Countries have increasingly been moved to act by the high civilian toll and misery inflicted by Israel’s conduct of the war, which began with a deadly attack on southern Israel by Hamas-led militants from Gaza, as well as by the increasing Israeli settlement activity and violence against Palestinians in the West Bank.
The US – Israel’s staunchest backer – and a few other states that depend on it for support, remain the exception.
Critics say Palestinian recognition rewards Hamas for its attack and that a political solution between Palestine and Israel is a prerequisite for recognising Palestinian statehood. However, its proponents, like French President Emmanuel Macron, say it is “an essential move towards peace”.
But if Palestine is already recognised as a state at the UN, what does it matter what a few more states say? Is their recognition an empty gesture, or will it have real impact?
‘A right not a reward’
Palestinian statehood is not a reward or punishment, but a right, enshrined in law and members of the UN General Assembly are obliged to uphold that law, according to experts in international law.
Ardi Imseis, a former UN officer and legal advocate in cases before the International Court of Justice (ICJ), says it is a step towards Palestinian freedom.
“There are a few options available to the Palestinian people and international community members who support Palestinian rights,” said Mr Imseis, who is a professor of law at Queen’s University in Canada.
UN-backed investigators declared Israel’s continuing attacks on Gaza a genocide. More than 65,400 people have been killed and 167,000 wounded since October 2023, and Israeli has only intensified its offensive with an attack on Gaza city, forcing its estimated one million population to flee. In the West Bank, which has been under Israeli occupation since 1967, Israel has killed thousands of Palestinians, arrested at least 10,000 many of them arbitrarily, built illegal settlements, and demolished homes.
Israeli Prime Minister Benjamin Netanyahu has insisted, “There will be no Palestinian state”, while his Finance Minister Bezalel Smotrich, a settler who is pushing for annexation of the West Bank, has called it a “foolish idea”.
Mr Imseis said this is why now is the time for all efforts to be made towards the recognition of Palestine as a state.
“We are at a stage where all hands have to be on deck … we do not have the luxury to say that process isn’t worth it,” he said, and called for every single feasible legal action to be taken by the Palestinian people and their supporters to protect their right to exist.
What difference will it make?
While Palestine does exist as a state, it remains under Israeli occupation. When countries do not recognise Palestine as a state, they are denying that the West Bank and Gaza are occupied or under siege.
This also means that the likes of the UK, and Canada, which up until recently did not recognise Palestine as a state, dealt with Israel as if the West Bank was a part of it.
Mr Imseis says this is a crucial mistake and an infringement of international law. But by recognising Palestine as a state, the countries that do so enter into diplomatic relations with it, and that has legal consequences.
This forces them to change their bilateral relations with Israel economically, politically and diplomatically.
Who is responsible?
The state of Palestine has taken measures to assert its rights through the UN system, the International Court of Justice and the International Criminal Court.
But Israel continues to deny Palestinians their sovereignty and right of self determination, whether through the occupation and de facto annexation of the West Bank, or permanently displacing them from their homes by force, as seen during the Nakba in 1948.
So, just like the UN had partitioned Palestine, it is also being seen as responsible for ensuring that Palestinians attain their freedom.
What message does this send?
While the recognition of Palestine as a state might not have an immediate impact on the future of Palestinians, it does send a strong message.
With the international community now carrying some of the burden that sowed the seeds which led to Palestine’s occupation, and where it is today, the momentum that is being built by the increasing number of states willing to take a stance that Israel disapproves of is telling.
“Third states are the only hope,” Mr Imseis said.
By recognising Palestine as a state, he said, they are saying to Israel: “We will not recognise your claim to sovereignty in occupied Palestine, any more than we would recognise your claim to sovereignty in our own territory.”
But the path to freedom does not end here – it just means that there is a more solid ground from which a real solution could emerge. It might not be achieved in this generation, but it will certainly happen, he said.