Recognition of Palestine makes Israel’s violence illegal
in the media image: Emad El Byed
Palestine is increasingly recognised as a state. This recognition means that it stands on stronger legal ground and that Israel, according to international law, is not permitted to use force against Palestine. Legal experts, including Nico Schrijver, emeritus professor in international law, comment in Trouw newspaper.
A clear majority of member states of the United Nations – 146 out of 193 – already recognise Palestine as a state. France, the United Kingdom and Canada are now also considering doing so in the near future. However, influential Western countries such as the United States, Japan and 16 of the 27 EU Member States do not recognise Palestine. These countries – including the Netherlands – maintain their position of only granting recognition once a two-state solution has been formally agreed as part of that process. Israel, nota bene, thanks its existence to a 1947 UN resolution under which, via a two-state solution, it acquired the right to declare itself independent in one of the areas, according to Schrijver.
In addition, the emeritus professor believes that ‘due to their historical presence in the region, the British and the French have a great responsibility. If they were to proceed with recognition, it would be tremendous support for the Palestinians.’ He adds that 'the Netherlands effectively recognised Palestine a long time ago. Currently, the Netherlands assumes that the Palestinians are a people with the right to self-determination, with Palestine as a clearly defined territory, and that the Netherlands maintains diplomatic relations with the Palestinian Authority.’
Schrijver claims that although recognition in the short term will not alleviate the acute humanitarian emergency in Gaza, in the long term it will be relevant from a legal point of view. He points to past rulings of the International Court of Justice that Israel’s continuous occupation is unlawful under international law and calling on Israel to end this situation. In practice, however, Israel pays little heed to this.
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Read the full article in Trouw (€, in Dutch)