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"Palestine" Does Not Qualify as a "State"

(Commentary) Rick Richman - Palestinian President Mahmoud Abbas demands recognition of a Palestinian state while refusing to recognize a Jewish one; and he now seeks admission to the UN as a non-member state even though "Palestine" meets none of the four requirements under international law for a state. Under the Montevideo Convention (1933), a state "should possess the following qualifications": (1) a defined territory; (2) a government; (3) capacity to enter into relations with the other states; and (4) a permanent population. "Palestine" lacks a "defined territory." To have a defined territory, "Palestine" has to negotiate it with Israel; until then, its self-definition of territory is not a "defined territory" under the law; it is simply a negotiating position. "Palestine" lacks a "government." It is ruled half by a terrorist group and half by an unelected administrative entity whose last election occurred nearly seven years ago. The government of each half considers the government of the other half illegitimate, and both are correct. "Palestine" lacks the "capacity to enter into relations with the other states." Abbas has no capacity to bind the rulers of Gaza, nor even to implement his own commitments in the area in which he rules, with no capacity to bind "Palestine" to anything. "Palestine" lacks a "permanent population." Most of the population considers themselves perennial "refugees" who seek to "return" to a different state, not to be permanent residents where they currently live.
2012-11-14 00:00:00
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