By Taghreed Saadeh
Yesterday marked a historic day for the Palestinian people, as more countries around the world recognized the State of Palestine, raising the number of recognizing states to 159 out of 193 United Nations member states, with expectations for further increases.
This number includes countries that have traditionally been considered aligned with either the pro-Israel or anti-Palestinian blocs, making this a significant turning point. The recognition goes beyond acknowledging the existence of a Palestinian state; it establishes Palestine as a state under occupation. According to international law, this designation creates a crucial pressure mechanism in favor of the Palestinian people’s right to self-determination, after decades of occupation, displacement, and oppression.
The journey began on November 15, 1988, during the meeting of the Palestinian National Council in Algeria, when the late Palestinian President Yasser Arafat declared the establishment of the State of Palestine. Algeria became the first country to officially recognize the Palestinian state, and from that moment, other countries began to follow suit.
In the following years, significant international developments occurred. In 2012, because of Palestinian diplomacy, Palestine obtained the status of a “non-member observer state” at the United Nations, with the support of 138 countries.
In 2016, the UN Security Council adopted Resolution 2334, which reaffirmed the illegality of Israeli occupation of Palestinian territories and called for a halt to settlement activities, emphasizing that any changes to the 1967 borders must be agreed upon by both parties.
In May 2024, the UN General Assembly, with a majority of 143 votes, adopted a resolution supporting Palestine’s bid for full UN membership, raising the number of countries recognizing Palestine to 148 out of 193 UN member states.
In July 2024, the International Court of Justice ruled that Israel’s presence in the occupied Palestinian territories is illegal, calling for its end as soon as possible, including the cessation of settlement activities, evacuation of settlers, and provision of compensation.
International recognition of the State of Palestine carries clear legal implications. It acknowledges the Palestinian people, represented by the PLO, their rights, borders, and government. This recognition allows Palestinian missions in recognizing countries to operate as full embassies with diplomatic rights and immunity, facilitating the work of Palestinian diplomats in representing their people and defending their rights, including enforcing local laws against Israeli war criminals. Recognition also contributes to the development of economic relations, strengthens the Palestinian government financially, and enhances the capacity of state institutions and infrastructure, thereby bolstering Palestine’s international standing.
From a legal perspective, some experts note that recognition strengthens the Palestinian people’s right to self-determination and opens the door to joining international institutions and treaties. Legal authorities emphasize that recognizing Palestine as a state under Israeli occupation carries significant legal and political implications, as it reinforces Palestine’s legitimacy, places Israel in a challenging legal position, and obliges the international community to assume responsibility for protecting Palestinian rights and implementing international legal resolutions regarding the Palestinian cause. The UN General Assembly has repeatedly affirmed the legitimacy of the State of Palestine within the June 4, 1967 borders and called for an end to Israeli occupation, opening legal and political avenues for enforcing these resolutions on the ground.
The political and legal impact of recognizing Palestine as a state under occupation also includes, according to legal experts, imposing international obligations on Israel as the occupying power. Israel becomes accountable under international law, and the global community is required to monitor compliance and hold the occupation accountable for any violations. Recognition also helps protect Palestinian rights and removes the cover for occupation by affirming the right to self-determination and the right of return for refugees, according to UN General Assembly Resolution 194, ensuring the rejection of imposed occupation.
Experts in international law confirm that recognition encourages the enforcement of international legal decisions, including relevant UN and Security Council resolutions, and the implementation of practical measures to halt the occupation and end violations, opening new horizons for international action and pressure on the occupation. This places significant responsibilities on the international community, especially the Security Council and active actors in international law, including monitoring the application of international humanitarian and human rights law in the occupied territories, supporting Palestinian institutions in developing their legal and political framework, and taking concrete measures to hold the occupation accountable, including supporting international justice mechanisms.
International recognition of Palestine as a state under occupation represents a critical step that reinforces its legal and political legitimacy and provides effective international leverage against the occupation. It also contributes to protecting the rights of the Palestinian people, establishing an international framework to halt the war in Gaza and provide protection for its residents after two years of suffering and massacres carried out by Netanyahu. Moreover, this recognition strengthens the protection of Palestinians in the West Bank, where the occupation continues relentless settlement policies.
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