then it’s a territory of Palestine…
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There is no legal basis in the demand that the Palestinians recognize Israel or Israel as the Jewish State. No other country in the world gave recognition to Israel as the “Jewish State” . They recognized Israel as the “State of Israel” as per the Declaration of the Establishment of “the State of Israel”
de jure and de facto recognition are recognitions of the legal status of States and/or Governments. Governments administer the State. Governments can change.
It is not within the mandate of the UN to recognize states. Already recognized states are admitted to the UN after they have been recommended by the UNSC, they must have been recognized as states before they can be recommended by the UNSC.
Recognition of statehood is not mandatory. ” ..in the view of the United States, International Law does not require a state to recognize another state; it is a matter for the judgment of each state whether an entity merits recognition as a state. In reaching this judgment, the United States has traditionally looked of the establishment of certain facts. The United States has also taken into account whether the entity in question has attracted the recognition of the International community of states.” There are numerous UN Member states who do not recognize other UN Member States.
What is required of states is the respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State and their right to live in peace within secure and recognized boundaries free from threats or acts of force. This is reflected in UNSC res 242
Territories:
Sovereign Territories belong to Independent Sovereign States, regardless of which Government is in power. A sovereign has complete control over all it’s territories and what happens within them, regardless of which Government is in power.
Non-Sovereign States, States and non-state entities also have territories. They are not there just for the taking.
A state entity might have full control of it’s territories and still not declare itself an independent sovereignty.
A state might also only partially control it’s territories, in which case, it cannot declare independent sovereignty.
( See why Palestine has never declared itself an independent sovereignty)
The difference between state and non-state is: a state has declared itself to be a state. There is no obligation for any entity to declare either statehood or independent sovereignty. It is a matter of self determination. Unilateral by nature. Independence means not being under the control of any other entity, person or power.
‘real estate’ is not ‘territory’: Real estate is bought and sold by private individuals, businesses, corporations, institutions. ‘Territory’ is the stuff of States and entities. ‘Real estate’ is irrelevant to the status of the ownership of the ‘territories’ of states/non-states/sovereign-states, entities. A person who rents or even a landless bum, living under a bridge, is an equal part of a state or entity. Territories of an entity belong to all the citizens of the entity. Annexation is of territory and its citizens.
Recognition:
For there to be International recognition of an independent sovereign State, the boundaries of the sovereign state must be defined in order to know exactly the extent of the territory being claimed as sovereign. Israel’s boundaries were defined when the Jewish People’s Council accepted and declared sovereignty per UNGA res 181, in order to be recognized as an Independent Sovereign State. The Israeli Government confirmed it’s declared boundaries in statements to the UNSC on May 22nd 1948 and June 15th 1949
UNGA res 181:
The resolution set out conditions under which either party could declare independent sovereignty, if they wished. No one can demand an entity declare independence. It did not require the two parties to co-sign. This would have been against the notions of self determination. On the 14th of May 1948 the Provisional Government of Israel proclaimed the Declaration of the Establishment of the State of Israel to the International Community of Nations.
Although UNGA Res 181 was a non-binding resolution, UN/UNSC resolutions remind parties of laws, the UN charter etc that are binding. A Declaration of Sovereignty IS binding. It is a statement to the International Community of Nations, signifying the intention of the party declaring. Israel implemented it’s part of UNGA resolution 181. UNGA Res 181 is STILL enshrined in the Declaration of a Jewish State.
The UN did not implement the corpus separatum, Jerusalem remained a part of Palestine
The Arab League refused to recognize UNGA Res 181 on legal grounds. Not because of hatred towards Jews.
The Palestinians COULD NOT declare on 15 May 1948, because Jewish forces under Plan Dalet, were already in control of territories slated for the new Arab State by the time the British Mandate ended, midnight 14th May 1948
Recognition – de facto or de jure?: (de facto – facts on the ground) – (de jure – in law).
A State must exist before a State Government can be instituted. The territories must be defined in order for other Nations to know the extent of the Sovereignty being declared and the declaring entity must have full control over those territories. (Independence)
Link to this section
Statements made by the Jewish Agency to the UN/UNSC prior to recognition in respect to UNGA res 181 made it quite clear The Jewish Agency was going to abide by UNGA res 181. Recognitions were based on the notion that Israel accepted UNGA res 181 and the Israeli Government’s pleas for recognition to states.
The Montevideo Convention on the Rights and Duties of States (entered into force on December 26, 1934), which required ” b ) a defined territory;” All those signatories would have required the same lest they breached the convention by recognizing a state without a defined territory.
Examples of recognition :
USA 15 May 1948 “… as an independent republic within frontiers approved by the General Assembly of the United Nations in its Resolution of November 29, 1947…”
Russia 17 May 1948
Letter from Mr. Molotov stated: “Confirming receipt of your telegram of May 16, in which you inform the Government of the USSR of the proclamation, on the basis of the resolution of the United Nations Assembly of November 29, 1947, of the creation in Palestine of the independent State of Israel and make re-quest for the recognition of the State of Israel and its provisional government by the USSR. I inform yon in this letter that the Govern-ment of the USSR has decided to recognize officially the Stale of Israel and its Provisional Government.”
British 27 April 1950 The British Foreign Office issued a statement on May 17 to the effect that Great Britain would not recognize Israel for the time being because it had not fulfilled the “basic criteria” of an independent state. The British waited until a political party was elected to Govern the State of Israel, then granted de jure recognition, with conditions. The territories Israel had acquired by war, outside of it’s declared Sovereign Boundaries, were considered to be ‘occupied’. I.e., NOT Israeli Sovereign territory.
“His Majesty’s Government have also decided to accord de jure recognition to the State of Israel, subject to explanations on two points corresponding to those described above in regard to the case of Jordan. These points are as follows. First, that His Majesty’s Government are unable to recognise the sovereignty of Israel over that part of Jerusalem which she occupies, though, pending a final determination of the status of the area, they recognise that Israel exercises de facto authority in it. Secondly, that His Majesty’s Government cannot regard the present boundaries between Israel, and Egypt, Jordan, Syria and the Lebanon as constituting the definitive frontiers of Israel, as these boundaries were laid down in the Armistice Agreements concluded severally between Israel and each of these States, and are subject to any modifications which may be agreed upon under the terms of those Agreements, or of any final settlements which may replace them.” Thus far nothing has replaced them.
Australia 28 January 1949 “… on the basis of the resolution of the United Nations Assembly of November 29, 1947…”
New Zealand 29 January 1949 “It is the understanding of the New Zealand Government that the settlement of boundaries and other outstanding questions will be effected in accordance with the resolution of the General Assembly of the United Nations of 11 December 1948.”
Israel has never legally annexed any territory. Unilateral annexation is not legal. It must be under a treaty or agreement via a referendum and; “territories occupied” and never withdrawn from or legally annexed, are still ‘occupied’.
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