What is a State
... the recognition of a State of Palestine
One of the purposes of international law is to provide a framework for the relations between STATES. but what are States?
According to the Montevideo Convention 1933 Article 1
a) The existence of a permanent population
A permanent population is naturally required but there is no specification about the size of the population. For instance, Tuvalu, an independent nation within the British Commonwealth, has a population of about 12,000.
b) Defined territory
There is a requirement that the population occupies a consistent area of territory but defined and settled boundaries are not required. Border disputes are common.
What matters is a stable community within a certain area, even though its frontiers my be uncertain.
For example, Israel continues to be in dispute with its Arab neighbours over its ezact territory.
c) Government
Some form of governance is needed but there is no requirement for sophisticated executive, legislative or judicial structures.
d) Capacity to enter into relations with other States
It is essential that a State is able to enter into legal relations (e.g. treaties) with other nations or international bodies (e.g. UN, EU etc).
A considerable amount of legal scholarship has been applied to each of those requirements.
The Montevideo convention was the product of the Seventh International Conference of American States. It was ratified by 17 States - all are in the Americas.
Palestine
An interesting and important question is whether, under the Montevideo criteria, Palestine can be regarded as a State. This point has been raised with the UK Attorney General (Lord Hermer KC) in a letter sent by 40 parliamentarians.
The letter may be read HERE. The signatories argue that the criteria set out in the Montevideo convention have entered international customary law.
Regardless of the orthodox requirements for Statehood, Palestine has already received considerable international recognition including permanent observer status at the United Nations and a State of Palestine is already recognised by 147 of the United Nation’s 193 member States with further nations announcing that they will also recognise Palestine. The Palestinian Authority has been in existence since the Oslo Accords of 1993.
With France also promising recognition in the coming weeks and assuming the UK goes ahead with recognition, Palestine will then have the support of four of the UN Security Council's five permanent members. Crucially, the United States of America and Israel’s staunchest ally is likely to be the exception.
The essential point in all of this is that recognition of one international entity )e.g. State) is a political question.
The UK’s conditional statement of 29 July 2025
The UK’s statement of 29 July 2025 indicated that a State of Palestine would be recognised ‘unless the Israeli government takes substantive steps to end the appalling situation in Gaza and commits to a long term sustainable peace, including through allowing the UN to restart without delay the supply of humanitarian support to the people of Gaza to end starvation, agreeing to a ceasefire, and making clear there will be no annexations in the West Bank.’
The UK’s linking of Palestinian recognition with conditions for Israeli compliance has met with criticism on the basis that, if the Montevideo conditions are met for Palestine, recognition is merited regardless of what Israel does.
Against that, the UK is entitled to decide if and when to extend recognition. Ending the starvation in Gaza, a ceasefire, and no annexations in the West Bank are essential steps toward a long-term settlement.
It is reported that Israel has rejected the UK announcement. “The shift in the British government’s position at this time, following the French move and internal political pressures, constitutes a reward for Hamas and harms efforts to achieve a ceasefire in Gaza and a framework for the release of hostages” - Times of Israel 29 July 2025.
Addition 19 August 2025
The Attorney-General replied to the letter. He was of the view that recognition of Palestine would be within international law. Joshua Rozenberg (A Lawyer Writes) has published …..
Addition 22 September
BBC - UK formally recognises Palestinian State
Links
International Court of Justice and Palestine