Lawyers warn Starmer's plan to recognise Palestinian state could breach international law
Senior British lawyers advise that the UK's pledge to recognise a Palestinian state may conflict with the Montevideo Convention's criteria for statehood.
Legal challenge to state recognition
Some of the UK’s most senior legal figures have warned that recognising a Palestinian state could breach international law. Prime Minister Sir Keir Starmer said the government would proceed with recognition in September unless Israel agreed to a ceasefire, halted West Bank annexation and re-engaged in a two-state peace process.
Montevideo Convention criteria
The 1933 Montevideo Convention sets four statehood conditions: a defined territory, a permanent population, an effective government and the capacity to conduct international relations. Critics argue that Palestinian territories lack clear borders, a unified government and the ability to enter formal diplomatic relations, as Fatah and Hamas remain divided.
Peers urge government caution
A letter from 43 members of the House of Lords, including leading barristers and prominent parliamentary figures, urged the attorney general to advise against premature recognition. They warned that selectively departing from established legal criteria for political reasons could undermine the integrity of international law.
Political responses and next steps
Business Minister Gareth Thomas responded that the UK is not party to the Montevideo Convention and emphasised that the proposed recognition would be based on the 1967 borders, with agreed land swaps and a shared capital in Jerusalem. He also stressed the need for Palestinian Authority reforms and the exclusion of Hamas from any future government role.
Canada likewise announced plans to recognise a Palestinian state at a UN summit in September, citing delays in achieving a viable two-state solution. Canadian Prime Minister Mark Carney stated the decision was prompted by the worsening humanitarian crisis in Gaza.
Senior UK lawyers caution that recognizing Palestine without clear borders, a unified government and diplomatic capacity risks violating core international law principles.
This topic was reported by BBC News.
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