What does recognizing Palestine as a state mean?

The flags of Norway, South Africa, Palestine, Ireland and Spain, are raised at an entrance to Ramallah in the West Bank , May 2024

Rachel Fink writes in Haaretz on 3 June 2024:

Last week, Spain, Ireland and Norway took the historic step of recognizing a Palestinian state, to the jubilation of Palestinians and the condemnation of Israeli leaders. They were subsequently joined by Slovenia.

According to Ireland’s ambassador to Israel, Sonya McGuinness, “We believe that the recognition of a Palestinian state and UN membership for Palestine are key steps toward a comprehensive regional peace, based on a two-state solution and a scenario in which every member state of the UN recognizes each other; a future where the right of self-determination for both Israelis and Palestinians is recognized by all.”

Following the announcements, several European Union countries indicated they also plan to recognize a Palestinian state, arguing that a two-state solution is essential for lasting peace in the region.

History of recognizing a Palestinian state
The history of recognizing a Palestinian state began not with recognition of its existence but with a declaration of its right to exist. This occurred in November 1974 with the passing of UN General Assembly Resolution 3236, which recognized the right of the Palestinian people to self-determination, national independence and sovereignty.

Alongside the resolution, the United Nations accorded Palestine observer status, allowing the Palestine Liberation Organization – which had been recognized by the UN in 1974 as the solely recognized representative of the Palestinian people – certain privileges in the UN but not the right to vote in the General Assembly.

It would be another 15 years before the PLO officially claimed sovereignty over the internationally recognized Palestinian territories: the West Bank, which includes East Jerusalem, and the Gaza Strip. These border delineations were not arbitrary. They were part of the large swaths of territory captured by Israeli forces during the Six-Day War in 1967 – the West Bank from the Jordanians and the Gaza Strip from the Egyptians.

By the end of 1988, Palestine was recognized as a state by 78 countries. Further progress toward statehood was made with Israel and the PLO signing the Oslo Accords in 1993. This saw the creation of the Palestinian Authority, the ruling body tasked with Palestinian self-governance, albeit in a limited capacity, over parts of the Gaza Strip and the West Bank. Negotiations were ultimately thwarted by the assassination of Israeli Prime Minister Yitzhak Rabin in 1995 and the outbreak of the second intifada five years later.

In the 30 or so years between the assassination of Rabin and the latest Israel-Hamas war in Gaza, some 40 additional countries have publicly declared their recognition of a Palestinian state. Last month, a collection of Caribbean islands, including Jamaica, Barbados and the Bahamas, joined the group, followed by the recent four. The number of countries who officially recognize Palestine currently stands at 145.

Status change or purely symbolic?

The devastating effect of Israel’s war in Gaza have pushed many world leaders to reiterate their commitment for a two-state solution. But this recent spate of announcements begs the question: Is recognition of a Palestinian state a symbolic action or does it have practical implications?

Of the 145 countries, some have taken further steps in acknowledging Palestinian statehood by establishing embassies, primarily in Ramallah in the West Bank, or signing trade agreements with the PA. Cyprus and Morocco currently have embassies inside of Palestinian territory, with another 10 countries – including China and Denmark – having established consulates there. Other countries such as Finland have representative offices which function in similar ways.

The Palestinians themselves have a network of embassies and diplomatic missions in 94 countries worldwide. The European Union, Jordan, Canada and the United States have all signed trade agreements with them.

Tamar Megiddo, a senior lecturer at Hebrew University’s Department of International Relations and an expert in public international law, says there are really two main approaches when it comes to analyzing what the declarations mean.

“The first – and this is really the minority opinion – is that international recognition of Palestine is the mechanism by which it will officially be declared a state,” Megiddo says. “This line of thinking argues that if enough countries were to acknowledge a Palestinian state, it would then reach official status.

“But the majority opinion among scholars and academics,” Megiddo adds, “is that Palestine is in fact already a state – these countries are merely acknowledging this to be true.

“This is certainly how Palestinians and their supporters see things. They view what Spain, Norway, etc., did as a vindication of fact rather than a change in status.”  She also highlights an event that took place recently that did not necessarily make headlines, certainly not in Israel, but is perhaps even more significant than the recent declarations. “Last month, a resolution was passed by the UN General Assembly affording Palestine even more privileges in the United Nations.”

“At this point, basically the only thing they cannot do is vote,” Megiddo notes. “And this is another important aspect of the growing number of countries that recognize a Palestinian state. It gives Palestine more access to international organizations and conventions, which is something the PLO has made central to its program for the last decade.”

As for whether the UN itself would ever fully recognize a Palestinian state – something that at least for now seems unlikely given the United States’ veto power over any “substantive” resolution – Megiddo explains that such a country would almost certainly be led by the PA and its borders would “need to be worked out by international governing bodies like the International Court of Justice.”

“Formally, a Palestinian state would include the Gaza Strip,” Megiddo adds, “but we would really have to wait and see what happens in practice in terms of Hamas. The PA not controlling a portion of the territory wouldn’t make the government not a government, or the state not a state.  “This would be similar to other examples where rebels take hold of a certain area and the government is unable to manage it.”

In any case, Megiddo says, “the exact borders and who controls what territories are of less concern. Lots of countries are in ongoing border disputes with neighboring countries. And do not forget Israel was accepted into the UN before its borders were fully established.”

“The much more pressing issue is that the territories which constitute the Palestinian state are currently occupied by Israeli forces. Presumably if the UN were to give Palestine official status, Israel would be required to withdraw their occupation.”

Given Prime Minister Benjamin Netanyahu’s recent assertion that “no matter what, Israel will maintain full security control over all territory west of the Jordan River,” including both Gaza and the West Bank, the scenario does not seem plausible anytime soon.

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