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The end of the war between Israel and Hamas does not seem to be in sight: Israeli hostages are still being held captive, and the UN describes Gaza as "hell on earth". Norway, Spain, and Ireland will recognize Palestine as a state in an attempt to curb violence in Gaza. University Professor of International Law and Sustainability André Nollkaemper explains the latest developments.
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Why does it matter whether Palestine is a state?

'If Palestine is a state, it means that international law protects Palestinian territory and the Palestinian people.  A fundamental rule of international law is that a state may not use force against another state. That rule only protects Palestine when it is a state. If Palestina is a state, this also changes the relationship between Palestine and Israel in the negotiations for lasting peace. Now, Palestine negotiates from a subordinate position, but then, at least formally, the relations would be equal. Also, if Palestine were a state, it could participate fully in the international community. For example, Palestine could become a member of the United Nations and have full voting rights.'

What is the point of recognizing Palestine as a state?

'If one or two states recognize Palestine as a state, that does not mean Palestine is a state. That ultimately depends on whether the government of Palestine has sufficient control over its territory and population. However, recognition can be significant in establishing that Palestine is a state legally. The more states recognize Palestine, the harder it becomes for other countries, such as Israel, the Netherlands, and the United States, to deny that Palestine is a state. Moreover, recognition can also help the Palestine government, which is now hardly effective, to exercise authority over its territory and people and to function internationally as a government.'

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Recognition can be significant in establishing that Palestine is a state legally

What consequences might this have?

'Recognition initially has consequences only between the recognizing states; for example, now, Norway and Palestine. They can then exchange ambassadors and conclude treaties, and Norway will then agree to Palestine's membership in international organizations. Norway then also has other legal arguments against Israel to withdraw from Palestinian territory.'

Three countries now want to recognize Palestine as a state. Must more follow if that is to make a difference?

'There is no set number for how many states must recognize Palestine for it to have any impact. Already 140-plus states recognize Palestine as a state, and this is already having an impact. I don't think these three additional states will make a difference. But there will be a shift, and Israel will be increasingly taking an isolated position.'

Is this a step closer to the end of the war?

'A small step. Ultimately, I think the end of the war will depend on internal political changes in Israel. However, foreign pressure and isolation can make a difference in that regard. The growth in the number of states recognizing Palestine is a step toward further pressure on Israel with possible internal consequences. But recognition, and even the end of the war, will not be the endpoint. There will still be long and complicated negotiations to follow on issues such as borders, protection of minorities, and refugees.’

Prof. mr. P.A. (André) Nollkaemper

Executive Staff