London
\nTrade Secretary Jonathan Reynolds has said warnings that the recognition of a Palestinian state could breach international law are \u201cmissing the point\u201d.
\nPrime Minister Sir Keir Starmer has announced the UK would move towards recognition unless Israel met certain conditions, including agreeing a ceasefire and reviving the prospect of a two-state solution, earlier this week.
\nHowever, some of Britain\u2019s most distinguished lawyers have warned that Palestine does not meet the legal requirements for statehood under a 1933 treaty.
\nNearly 150 of the UN\u2019s 193 members already formally recognise a Palestinian state, with Canada, Germany and Portugal considering recognition.
\nUnder the Montevideo Convention, signed in 1933, the criteria for the recognition of a state under international law are set out as a defined territory, a permanent population, an effective government and the capacity to enter into relations with other states.
\nIn a letter to the government\u2019s attorney general, Lord Hermer, first reported by the Times, 43 cross-party peers call for him to advise the prime minister against recognition.
\nThe group includes some of the country\u2019s top lawyers, such as former Supreme Court judge Lord Collins of Mapesbury and Lord Pannick KC.
\n\u201cIt is clear that there is no certainty over the borders of Palestine,\u201d they argue, and also that \u201cthere is no functioning single government, Fatah and Hamas being enemies\u201d.
\n\u201cThe former has failed to hold elections for decades, and the latter is a terrorist organisation, neither of which could enter into relations with other states,\u201d the letter adds.
\nThe UK did not sign the 1933 convention but the lawyers argue that it has \u201cbecome part of customary law and it would be unwise to depart from it at a time when international law is seen as fragile or, indeed, at any time\u201d.
\nThey add: \u201cYou have said that a selective, \u2018pick and mix\u2019 approach to international law will lead to its disintegration, and that the criteria set out in international law should not be manipulated for reasons of political expedience.
\n\u201cAccordingly, we expect you to demonstrate this commitment by explaining to the public and to the government that recognition of Palestine would be contrary to the principles governing recognition of states in international law.\u201d
\nLord Hermer has previously insisted that a commitment to international law \u201cgoes absolutely to the heart\u201d of the government\u2019s approach to foreign policy.
\nJonathan Reynolds defended the plans on BBC Radio 4\u2019s World At One programme and suggested the peers needed to \u201clook at the levers the UK has\u201d to deliver peace.
\nAsked about the signatories\u2019 concern recognition does not align with the 1933 Montevideo Convention, Reynolds said: \u201cI think to be honest, with respect to those colleagues, that is missing the point somewhat.\u201d
\nHe explained the objective was \u201cnot just a ceasefire for the conflict in Gaza but a genuine peace process, and that requires a two-state solution\u201d.
\nAsked about why conditions had not been placed on Hamas, he said: \u201cHamas is a terrorist organisation and we don\u2019t put conditions on those, we don\u2019t negotiate with terrorists.
\n\u201cWe\u2019ve been absolutely clear: it\u2019s our longstanding position that the hostages have to be released. It\u2019s also our longstanding position that Hamas can play no role in the future governance of Gaza or any Palestinian state.
\n\u201cSo those are our absolute condition, but we will never be willing to negotiate with Hamas because they are a terrorist organisation.\u201d
\nThe peers\u2019 intervention follows condemnation of Sir Keir\u2019s announcement by Emily Damari, a British-Israeli women who was held captive by Hamas for more than a year, who said Sir Keir is \u201cnot standing on the right side of history\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"
London Trade Secretary Jonathan Reynolds has said warnings that the recognition of a Palestinian state could breach international law are \u201cmissing the point\u201d. Prime Minister Sir Keir Starmer has announced the UK would move towards recognition unless Israel met certain conditions, including agreeing a ceasefire and reviving the prospect of a two-state solution, earlier this […]<\/p>\n","protected":false},"author":2,"featured_media":435415,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-494044","post","type-post","status-publish","format-standard","has-post-thumbnail","category-world"],"yoast_head":"\n