What Does International Law Say About Recognizing a Current State of ‘Palestine’?

The United Nations headquarters building is shown through a window with the UN logo in the foreground in Manhattan, New York, photographed in August. This image sets the backdrop for an ongoing debate about the status of Palestine under international law.

State Recognition and the Montevideo Convention

All state recognitions of “Palestine” so far have failed to satisfy any of the four criteria outlined by the Montevideo Convention. Governments supporting Palestinian sovereignty are, in effect, accepting a state viewed by some as lawless into the global community.

Concerns About Security and Lawlessness

Over time, this so-called "terror-state" could pose an existential threat to Israel, either independently or in alignment with other irredentist states. Such a development risks undermining international law as a whole.

Intent and Behavior of Palestinian Leadership

Leaders of every ideological faction of the “nonmember observer state” of Palestine have long demonstrated, and continue to demonstrate, “criminal intent” (mens rea) toward Israel.

The question arises whether such lawless conduct would diminish or be better managed in the context of Palestinian statehood. Even proposals to demilitarize a future Palestinian state do not guarantee security assurances.

Implications for Security Agreements

The clear answer is that a fully sovereign Palestinian state might disregard any pre-independence security commitments made to Israel, including those assumed to be in good faith.

Author's summary: Recognition of Palestine as a sovereign state remains legally and security-wise contentious, with unresolved challenges that could impact regional stability and international law.

Algemeiner.com — 2025-11-07