Palestine: what does it mean to recognize it as a state?

This entry is posted on 34-35 number of Vanity Fair on newsstands until 26 August 2025.

In international law, a state either exists or does not exist, either is recognized by other countries that have diplomatic relationships, embassies, commercial agreements, or it is a territory that is part of another state. At least in theory, because then there is Palestine. Emmanuel Macron’s France has announced Palestine recognition for September, Great Britain – ancient colonial power in that land – followed it, and then Canada and Portugal. Many other European countries had announced recognition over a year ago. Italy and Germany remain contrary, two countries that seem to be tied to the guilt deriving from their nazi-fascist past rather than to the moral dilemmas of the present, and the United States, which continue to arm Israel. Already in November 2012 the General Assembly of the UN – 138 votes, 41 abstentions, nine opposites (including Canada) – raised Palestine from “entities” to “non -member state”, the same qualification as the Vatican. In May 2024, on the proposal of Algeria and in response to the atrocities of Gaza, the Assembly approved the transition from “non -member state” to “Member State”, but in the Security Council the United States exercised the right of veto and blocked the passage. There was still the Biden administration, the topic used to justify the veto was as follows: Recognizing Palestine as a state when the boundaries are not clear and who commands, in the middle of the war, after the massacre of October 7 by Hamas, means making things even more complicated. It is the main topic of those who oppose, starting with Israel: It is difficult to argue that Palestine complies with the statutory requirements set by the Montevideo Convention of 1933: there is a permanent population, at least what remains of it, but there is no defined territory, given that Israel continues to deal with pieces. There is not even a clear government, given that Hamas and the West Bank commands the National Authority in Gaza. But Palestine exists. The current status of observer and non -member in all respects of the UN also has concrete consequences. Since 2015 Palestine has been under the jurisdiction of the International Court of Justice (which pursues the States) and the international criminal one (which pursues individuals and who asked for the arrest of Israeli Prime Minister Benjamin Netanyahu). The move of France and Great Britain, two permanent members of the UN Security Council, and of many other countries does not directly affect the conflict of Gaza but has some concrete consequences: legitimate the Palestinian national authority (and not Hamas) as a government, to confirm that Israel cannot treat the Palestinians as devoid of representation, makes the solution two-popoli-due-states almost irreversible, as far as today, The Palestinians in a position to ask for the help of the international community. Because if Palestine is a state, then the war of Israel in Gaza is an illegal invasion. It means that someone will arm the Palestinians against the Israelis, how do we do with the Ukrainians? We will see it.

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