A state for Palestine

The United Nations Educational Scientific and Cultural Organization (UNESCO) granted full membership for Palestine on Monday. It’s definitely strange for an organ of the U.N. to recognize a state before the Security Council does, but it’s not the end of the world, right? Well, if you’re the U.S. or Israel, maybe it is. Israel called it a “tragedy,” and the U.S. is threatening to pull its funding of UNESCO.

Amidst all the posturing, I think its important to remember what constitutes a state under international law. According to the Montevideo Convention, a state must have: 1) A permanent population 2) a defined territory 3) a government, and 4) the ability to enter into foreign relations. So is Palestine a state?

1. A permanent population — Palestine has a permanent population. At this point in time there is a distinct people who call themselves Palestinian.

2. A defined territory — Palestine has defined borders even though they are currently in dispute. In 1948, when Israel wanted to be recognized as a state, Philip Jessup, the U.S. representative to the Security Council argued that a state can be recognized even when its borders are in dispute. He said, “[B]oth reason and history demonstrate that the concept of territory does not necessarily include precise delimitation of the boundaries of that territory.” (U.N. Doc. S/PV.383, at 9-11). If it’s good for Israel then it should be good for Palestine too.

3. Government — Palestine has a government. The U.S. and Israel may not like the government, but it’s still a government.

4. Foreign relations — This is probably why Israel and the U.S. are freaking out over the UNESCO situation. It demonstrates Palestine’s ability to enter into foreign relations. Still, if that’s what Israel is worried about, then why do they enter into foreign relations with Palestine all the time? The recent prisoner swap is a great example.

So, is Palestine a state according to international law? I think the answer is clearly yes. But will it get recognized as such? That’s a question that, for better or worse, belongs in the political realm.