The British government risks violating international law by recognizing the State of Palestine, according to a letter sent by about 40 members of the House of Lords, the upper house of the British parliament, to Richard Hermer, the attorney general of England and Wales and the chief legal adviser to the British government.
The letter, which The Times has obtained, is signed by some of the country's most prominent lawyers. They include Baron David Panick, who represented the government in the High Court in the Rwandan deportation case, and former High Court judge Baron Lawrence Collins.
As the letter notes, British Prime Minister Keir Starmer's intention to recognize Palestine in September contradicts the international Convention on the Rights and Duties of States, signed in Montevideo in 1933. It states that a state as a subject of international law must possess four characteristics: a permanent population, a defined territory, its own government and the capacity to enter into relations with other states. According to the British Lords who signed the appeal, Palestine does not meet these criteria.
„You have publicly stated that a commitment to international law is the foundation of this government's policies and its approach to foreign policy“, the letter says. “In this regard, we expect you to demonstrate this commitment by explaining to the public and the government that recognizing Palestine is contrary to the principles of state recognition enshrined in international law.“
The signatories to the appeal pointed out that London would not be able to establish diplomatic relations with the State of Palestine because the Palestinian radical movement Hamas is recognized in the UK as a terrorist organization.
In a separate article in The Times, the leader of the opposition Conservative Party of Britain, Kemmy Badnock, criticized Starmer's position, accusing him of “making a choice in favor of rewarding terrorists“.
On July 29, Starmer's office published a statement saying that the UK would recognize a Palestinian state at the UN General Assembly in September if Israel continued to block humanitarian aid to Gaza and conduct a military operation there. On July 24, French President Emmanuel Macron said that Paris would recognize the State of Palestine at the UN General Assembly in September.
According to The Economist, recognition of Palestine by London and Paris will not help achieve peace in the region. In the case of the United Kingdom, the publication links Starmer's actions to the falling popularity of his own Labour Party, which holds pro-Palestinian views.
“Given that 147 of the 193 UN member states already recognize a Palestinian state, two more would not make much difference“, the article says. The Economist also concludes that with such a step, Britain and France would lose their influence over regional players, and would also lose the opportunity to try to influence the Israeli government through US President Donald Trump.