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Q. and A. on Palestinian Statehood Q. and A. on Palestinian Statehood
(about 13 hours later)
Q. What determines statehood?Q. What determines statehood?
A. There are several ways of answering that question.A. There are several ways of answering that question.
There is a customary legal definition of a state and its rights and duties, detailed most notably in a 1933 treaty called the Montevideo Convention and in a 1991 report by a European Union panel, the Badinter Commission. Asserting that an entity is a sovereign state because it meets the legal definition of one is called the declarative theory of statehood.There is a customary legal definition of a state and its rights and duties, detailed most notably in a 1933 treaty called the Montevideo Convention and in a 1991 report by a European Union panel, the Badinter Commission. Asserting that an entity is a sovereign state because it meets the legal definition of one is called the declarative theory of statehood.
But as a practical matter, meeting that legal definition does not automatically oblige the world to acknowledge a state’s existence and status. Under the constitutive theory, statehood depends on recognition: An entity is a state when other states say it is. This theory, not codified in law, makes statehood a matter of discretion and diplomacy.But as a practical matter, meeting that legal definition does not automatically oblige the world to acknowledge a state’s existence and status. Under the constitutive theory, statehood depends on recognition: An entity is a state when other states say it is. This theory, not codified in law, makes statehood a matter of discretion and diplomacy.
Q. What is the legal definition of a state?Q. What is the legal definition of a state?
A. Article 1 of the Montevideo Convention says a state “should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.”A. Article 1 of the Montevideo Convention says a state “should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.”
The convention goes on to say in Article 3 that “the political existence of the State is independent of recognition by the other states,” and that it has the right to organize, govern and defend itself as it sees fit, limited only by “the exercise of the rights of other states according to international law.” Similarly, the Badinter Commission report says the existence of a state “is a question of fact.” The convention goes on to say in Article 3, “The political existence of the state is independent of recognition by the other states,” and it has the right to organize, govern and defend itself as it sees fit, limited only by “the exercise of the rights of other states according to international law.” Similarly, the Badinter Commission report says the existence of a state “is a question of fact.”
Q. Does Palestine meet that legal definition?Q. Does Palestine meet that legal definition?
A. Many experts say that it does, though there is considerable complexity surrounding the particular criteria.A. Many experts say that it does, though there is considerable complexity surrounding the particular criteria.
For example, the West Bank and Gaza have permanent residents, but there are also many Palestinian refugees in other countries who claim a disputed right of return, while many Israeli settlers live in the West Bank and assert their country’s sovereignty there.For example, the West Bank and Gaza have permanent residents, but there are also many Palestinian refugees in other countries who claim a disputed right of return, while many Israeli settlers live in the West Bank and assert their country’s sovereignty there.
As for a defined territory, Israel continues to occupy the West Bank and to intervene militarily in Gaza, and there is no consensus on where a Palestinian state’s borders should be. Still, there are many border disputes around the world among recognized states.As for a defined territory, Israel continues to occupy the West Bank and to intervene militarily in Gaza, and there is no consensus on where a Palestinian state’s borders should be. Still, there are many border disputes around the world among recognized states.
It can also be debated whether the Palestinian Authority is a fully fledged government. It does not, for example, control its border crossings. Gaza is largely ruled by the Hamas faction and not the authority, despite a unity agreement between Hamas and Fatah, which is dominant in the West Bank. Experts disagree on the level of effectiveness a government must demonstrate to meet the criterion for statehood. It can also be debated whether the Palestinian Authority is a fully fledged government. It does not, for example, control its border crossings. Gaza is largely ruled by the Hamas faction and not the authority, despite a unity agreement between Hamas and the Fatah party, which is dominant in the West Bank. Experts disagree on the level of effectiveness a government must demonstrate to meet the criterion for statehood.
Q. What about recognition?Q. What about recognition?
A. The Palestinian leadership has been trying for years to garner as much international recognition as possible, hoping to achieve a diplomatic critical mass that would force the hand of Israel and the United States. By November 2012, when the United Nations General Assembly voted to upgrade Palestine’s status to that of a nonmember observer state, 132 of the 198 members of the United Nations recognized Palestinian statehood. Several more have done so since then.A. The Palestinian leadership has been trying for years to garner as much international recognition as possible, hoping to achieve a diplomatic critical mass that would force the hand of Israel and the United States. By November 2012, when the United Nations General Assembly voted to upgrade Palestine’s status to that of a nonmember observer state, 132 of the 198 members of the United Nations recognized Palestinian statehood. Several more have done so since then.
Most recently, the Palestinians have been leveraging their upgraded status to join a number of international treaties and bodies like the International Criminal Court, opening new forums in which they hope to bring pressure to bear on Israel.Most recently, the Palestinians have been leveraging their upgraded status to join a number of international treaties and bodies like the International Criminal Court, opening new forums in which they hope to bring pressure to bear on Israel.
Q. Who is the ultimate arbiter?Q. Who is the ultimate arbiter?
A. From a practical perspective, the most powerful say on questions of statehood belongs to the United Nations Security Council, where the five permanent members — France, Britain, Russia, China and the United States — each have a veto.A. From a practical perspective, the most powerful say on questions of statehood belongs to the United Nations Security Council, where the five permanent members — France, Britain, Russia, China and the United States — each have a veto.
Kosovo has been stymied there in its efforts to win full recognition and become a member of the United Nations because of Russia’s opposition, just as Mongolia was in the 1950s by the veto of the Nationalist government on Taiwan, which held China’s seat at the time. South Korea, which was given observer status at the United Nations in 1948, was similarly excluded from full membership in the United Nations throughout the Cold War; it finally joined, simultaneously with North Korea, in 1991. Kosovo has been stymied there in its efforts to win full recognition and become a member of the United Nations because of Russia’s opposition, just as Mongolia was in the 1950s by the veto of the Nationalist government in Taiwan, which held China’s seat at the time. South Korea, which was given observer status at the United Nations in 1948, was similarly excluded from full membership in the United Nations throughout the Cold War; it finally joined, simultaneously with North Korea, in 1991.
The United States would almost certainly veto any Security Council resolution calling for full recognition and membership for Palestine in the absence of a comprehensive peace settlement with Israel.The United States would almost certainly veto any Security Council resolution calling for full recognition and membership for Palestine in the absence of a comprehensive peace settlement with Israel.