In a few weeks, an overwhelming majority in the United Nations General Assembly will likely vote for collective recognition of a Palestinian state. But which Palestinian state? Of the three Palestinian states the assembly could recognize, two are real and arguably could meet the requirements for statehood. But it is the third, purely imaginary one that the assembly will endorse, one that neither has a functioning government nor meets the requirements of international law.Read the whole thing; it does a great job documenting how dysfunctional the proposed state government would be. And this is without even going into the financial issues.
According to the prevailing legal standard, the 1933 Montevideo Convention on the Rights and Duties of States, a "state as a person of international law should possess the following qualifications: a) a permanent population; b) a defined territory; c) government; and d) capacity to enter into relations with the other states." Both the Hamas-controlled Palestinian entity in Gaza and the rival Fatah-governed Palestinian entity in the West Bank can be said to meet all four of these criteria of the law of statehood. The one on which the United Nations will vote does not.
In Gaza, Hamas controls a permanent population in a defined territory (i.e., Gaza within the armistice lines of 1949). Gaza has a functioning, if odious, government. And Hamas-controlled Gaza already conducts international relations with a large number of states. From a narrowly legal point of view, the Hamas Gaza entity could become a state, another miserable addition to a very imperfect world.
...The Fatah Palestinian entity in the West Bank also could meet the legal requirements for statehood, and it would have more international support. It has a functioning government in the Palestinian Authority (PA), a permanent population, and international relations with a very large number of states. It also controls a defined territory, which comprises what are called areas A and B as defined under the Oslo II agreement of September 1995, plus additional territory subsequently transferred by Israel in agreed further redeployments. (Area A is the zone of full civil and security control by the Palestinian Authority, and Area B is a zone of Palestinian civil control and joint Israeli-Palestinian security control.) The Fatah West Bank entity within these lines also could be recognized as a state under international law.
But Fatah, the PA, and the broader PLO do not seek statehood for this West Bank entity that arguably could meet the legal requirements. Their minimum demand is a state that includes Gaza along with the West Bank, the eastern part of Jerusalem, and all the other parts of mandatory Palestine that were under Jordanian and Egyptian control before 1967. Fatah, the PA, and the PLO are demanding title to lands and authority over populations they do not control, being as they are under the rule of Hamas and Israel.
Unlike the two Palestinian entities that already exist, either of which could be recognized as a Palestinian state because they seem to fulfill the legal requirements, the Palestinian entity that a General Assembly majority will recognize as a state this September does not actually exist on Earth. It is imaginary and aspirational, not real. And it does not meet the legal requirements.
...So there you have it. The General Assembly will make a remarkable decision about all this in the next few weeks. Instead of recognizing either of the two state-like entities that already exist, each having many of the attributes of statehood required by international law, the General Assembly will create an imaginary state that has two incompatible presidents, two rival prime ministers, a constitution whose most central provisions are violated by both sides, no functioning legislature, no ability to hold elections, a population mostly not under its control, borders that would annex territory under the control of other powers, and no clear path to resolve any of these conflicts. It is a resolution that plants the seeds for civil and international wars, not one that advances peace.
(h/t Folderol)