Coinciding with the outbreak of the Israeli war on the Gaza Strip on October 7, 2023, a number of countries officially recognized the State of Palestine, including Armenia, Slovenia, Ireland, Norway, Spain, the Bahamas, Trinidad and Tobago, Jamaica, and Barbados. This recognition has significantly increased in recent years, with the number of states recognizing Palestine now exceeding 147. This number is expected to rise as several countries—such as France, the United Kingdom, Portugal, Canada, Australia, and Malta—have announced their intention to recognize Palestine during the upcoming UN General Assembly meetings this September.
It is clear that recognizing Palestine as a state represents a fundamental step toward realizing the Palestinian people’s right to self-determination and establishing their independent state, especially in light of the unprecedented humanitarian crisis they face. This also aligns with explicit calls by various international organizations to recognize the Palestinian state, emphasizing that recognition is not merely symbolic but a core legal and political tool to support the two-state solution and enhance the chances for a just and peaceful resolution to the Israeli-Palestinian conflict. The UN General Assembly has repeatedly stressed the necessity of enabling the Palestinian people to exercise their inalienable right to self-determination and their right to an independent state. Moreover, the European Union, the African Union, and the Arab League have all linked recognition of Palestine to safeguarding the rules-based international order and restoring balance to the faltering peace process.
Legal Basis
Recognition of the Palestinian state in international law rests on several established international legal charters and resolutions, including the UN Charter, which in Articles 1(2) and 55 affirms the right of peoples to self-determination. This right is considered a peremptory norm of customary international law, entitling peoples to freely determine their political status without external interference, including the right to establish an independent state. The UN General Assembly has repeatedly affirmed this right for the Palestinian people, particularly in Resolution 3236 of 1974, which recognized their inalienable rights, including self-determination, independence, and national sovereignty. The International Court of Justice also emphasized this right in its advisory opinion on the legality of Israel’s separation wall in 2004, and again in its 2024 advisory opinion regarding the legal consequences of Israel’s practices and policies in the occupied Palestinian territories, including East Jerusalem.
The legal basis for recognizing Palestine also draws on numerous UN resolutions, most notably General Assembly Resolution 181 of 1947 (the Partition Plan), which represents a historical and legal starting point for establishing two states on Palestinian land, and Resolution 67/19 of 2012, which granted Palestine “non-member observer state” status at the UN. This resolution constitutes implicit recognition of Palestine’s international status and affirms that Palestine meets the criteria of statehood under the 1933 Montevideo Convention on the Rights and Duties of States, which requires a defined territory, a permanent population, an effective government, and the capacity to enter relations with other states. The resolution enhanced Palestine’s ability to join treaties and international organizations, allowing it to accede to the Geneva Conventions, the Rome Statute of the International Criminal Court, key human rights treaties, and the Organization for the Prohibition of Chemical Weapons.
International recognition of Palestine is further reinforced by the 1993 Oslo Accords between the PLO and Israel. While these accords did not establish a fully independent state, they acknowledged a Palestinian Authority with administrative powers over parts of the occupied territories, marking a step toward recognition of a Palestinian political entity. This builds on the Palestinian Declaration of Independence issued by the PLO on November 15, 1988, in Algiers, which led to recognition of Palestine by many countries, including Arab, Islamic, and several Latin American states.
Additionally, various Security Council and General Assembly resolutions affirm the illegality of Israel’s occupation of Palestinian territories since 1967 and call for ending the occupation and establishing a Palestinian state along the June 4, 1967 borders with East Jerusalem as its capital. The most recent was the General Assembly resolution adopted on May 10, 2024, by 143 votes, calling for support of Palestine’s bid for full UN membership and recommending that the Security Council reconsider the request. The resolution included an annex outlining additional rights and privileges for Palestine starting from the 79th UNGA session, including the right to sit among member states alphabetically, to register on the speakers’ list under agenda items beyond Palestine and the Middle East, to make statements on behalf of groups (including alongside main group representatives), to submit and co-sponsor proposals and amendments (including on behalf of a group), to propose amendments for voting on behalf of group members, and to exercise the right of reply regarding group positions.
Implications of Recognition
Recognition of the Palestinian state raises important questions about its impact on Palestine’s future and its legal and political consequences. Undoubtedly, international recognition would significantly strengthen Palestine’s international legal personality and its right to self-determination, producing several effects at the global level, including:
Consolidating the Right to Self-Determination
Successive international recognition will entrench the Palestinian people’s right to self-determination, a jus cogens norm confirmed by UN charters and resolutions. Article 1 of both 1966 International Human Rights Covenants affirms this right for all peoples. Thus, as more states recognize Palestine, the Palestinian people’s inherent right to freely determine their political status and establish their independent state becomes more firmly established. Recognition grants Palestine a legal existence independent of occupation, ensuring that its rights and obligations as a state are widely acknowledged, even if their exercise remains constrained by occupation. It also undermines the legitimacy of Israeli settlement practices in the occupied territories, as they conflict with international humanitarian law. The ICJ reinforced this view in its 2004 advisory opinion on the separation wall, finding it a flagrant violation of the Palestinian people’s right to self-determination.
Joining More Treaties, Agreements, and Organizations
Recognition would expand Palestine’s ability to accede to international treaties and organizations, bolstering its capacity to protect its people and property and to hold Israel accountable for violations of international law. Palestine has already joined humanitarian and human rights treaties such as the Hague and Geneva Conventions and the Genocide Convention of 1948, and organizations including UNESCO and the World Customs Organization. This has enhanced Palestine’s diplomatic and legal maneuverability. For example, Palestine referred the situation in the occupied territories, including Gaza, to the ICC, leading to the Pre-Trial Chamber issuing arrest warrants on November 21, 2024, against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes committed between October 8, 2023, and May 20, 2024.
Strengthening the Principle of Equality
Recognition places Palestine, legally and theoretically, on equal footing with other states in diplomatic relations, reducing dependency imposed by occupation. It also increases political and diplomatic pressure on Israel to end the occupation and comply with international law, potentially prompting more countries to reconsider their positions, thereby advancing the two-state solution. For instance, the UN’s August 22 announcement of famine in Gaza led some European countries to reassess their stance, viewing recognition of Palestine as a practical step to address the crisis’s root causes. UK Foreign Secretary David Lammy described the famine as a “moral scandal” and a “man-made catastrophe,” announcing the UK’s intention to recognize Palestine to enhance international leverage over Israel and empower Palestinians to claim their rights on an equal basis.
Enhancing Palestine’s International Presence
Recognition increases Palestine’s weight in international organizations. The additional rights granted by the May 10, 2024, UNGA resolution will allow it to participate more effectively in debates, decision-making, and proposing initiatives. Recognition also balances its relations with Israel, bolsters its bilateral ties, and facilitates diplomatic representation and international alliances. Moreover, recognition can encourage international assistance in state-building, strengthening Palestine’s institutions in justice, education, healthcare, and infrastructure, enabling it to exercise future sovereignty—all serving the Palestinian people’s interests.
Conclusion
In sum, recognition of Palestine constitutes a key tool for enhancing its legal and diplomatic standing within the international system, enabling active participation in multilateral organizations and asserting its sovereign rights. Nevertheless, challenges persist—for example, the recent U.S. decision to revoke visas for Palestinian Authority members ahead of the September UNGA meetings, clearly showing that certain political and diplomatic pressure tools remain in use to restrict Palestine’s international engagement and limit its ability to leverage recognition to strengthen its global presence.
