The recognition of Palestine - a footnote to yesterday's post

More heat and a little light from a further exchange of letters

Following the post on this blog yesterday on recognition of Palestine, a further two letters have been published on the substack of Joshua Rozenberg.

These two further letters are to and from the Attorney General.

The letters do not take the discussion much further, but it is interesting to see that the government not only states that it will comply with international law but also - expressly - that the government considers that a decision to recognise Palestine would be “entirely” in accordance with international law.

The government does not state what international law rules and obligations are relevant.

The government does not even state that it will comply with the Montevideo criteria - or even if it sees that criteria are relevant to this decision.

And the government does not really need to do so, for it is a political decision.

If the government decides to recognise Palestine there is no court of competent jurisdiction that can gainsay it, unless such recognition is in breach of an applicable rule or obligation.

And even after all these letters, no applicable legal rule or obligation has yet been identified in any of the published letters of which the United Kingdom would be in breach if it recognises Palestine.

That is not to say that the government is proposing to take the recognition decision in a politically wise way (and the current approach of the government seems irrational) - but it is a decision that should be taken within the realm of politics, and not of law.

For the recognition of one polity by another is - literally - a political question.