With celebrations underway following the recognition of the State of Palestine by several nations, what are the legal, political, and practical ramifications?
Palestine is now recognized as a state by 157 out of 193 United Nations members, up from 78 who supported the 1988 declaration of statehood, and 138 in 2012 when it achieved UN ‘Observer’ status.
Recognition of Palestine therefore isn’t new, though its current significance stems from the political weight of the participating nations, chief among them Security Council members Britain and France.
Nevertheless, the enthusiasm for the recognition is exaggerated for the following reasons:
UN Status Remains Blocked: Palestine will remain a UN ‘Observer’ and not a full member as long as it is not recognized by all five permanent members of the Security Council. The US will certainly exercise its veto on this matter.
The Land Continues to Shrink: The ‘State of Palestine’ effectively comprises only Gaza and about 40 percent of the West Bank, an area that is steadily shrinking and fragmenting with every Israeli expansion, population displacement, and construction of new settlements.
Israeli Pre-conditions Apply: The recognition of Palestine came within the framework of accepting Israeli conditions, which President Mahmoud Abbas summarized as follows – the immediate release of hostages, the disarmament of Hamas, the non-participation of Hamas in the political landscape, and non-arming of the State of Palestine in the future.
An Unclear Solution: The recognition is primarily intended to pave the way for the so-called ‘Two-State Solution,’ a solution that lacks clear outlines, has no realistic vision for implementation, and whose general features are not even agreed upon.
The Reality of War Endures: Most importantly, the aggression on Gaza, the war of genocide, the starvation of the population, and their daily displacement from one location to another have not stopped for a single moment, but continue at the same unrelenting pace.
On the other hand, the recognition of a Palestinian state is not without value.
Its political and moral significance lies in the major shift it represents in international public opinion.
This public sentiment has evolved from absolute support for Israel following the Al-Aqsa Flood, to concern over the reaction exceeding acceptable limits, to shock at the escalation of the war of genocide, and finally, to demands for an immediate cessation of hostilities.
This change is underscored by the immediate and angry popular backlash faced by governments, such as Italy’s, which has not recognized Palestine.
Similarly, Israeli commentators this week expressed their discomfort, not with the recognition of a Palestinian state itself, but with the erosion of the unlimited and unconditional support Israel had become accustomed to receiving from its traditional allies.
From the perspective of international law, the primary gain is the increased opportunity for the Palestinian state to join international organizations and institutions (similar to its accession to UNESCO in 2011 and the International Criminal Court in 2015).
This brings Palestine closer to accessing international mechanisms to demand the rights of its people (though it should be noted that Israel pays no regard to international law).
The conclusion is that the legal effect of recognizing Palestine is limited, while the political and symbolic gain is significant. However, on the ground, the war of annihilation continues relentlessly.
Remember, though, that any gain achieved is the result of the heavy price paid by the Palestinians over the past two years.
Our hearts are with them.
Author’s bio:
Ziad Ahmed Bahaa-Eldin is an Egyptian economist, commercial lawyer and politician.
