40 Peers warn Attorney General: Palestine recognition could breach international law
The letter, signed by some of the UK's most respected legal thinkers, was sent to Lord Hermer KC
40 members of the House of Lords, including some of Britain’s leading legal authorities, have written to the Attorney General warning him that UK recognition of a Palestinian state risks breaking international law.
The cross-party group of Peers, including highly respected barristers such as Lord Pannick KC, Lord Verdirame KC, Lord Faulks KC and Lord Banner KC, wrote to Lord Hermer KC, who as Attorney General serves as the government’s primary legal advisor.
As reported by the Times, the letter argues that recognition of a Palestinian state would not meet the necessary requirements for such recognition, as laid out in the 1933 Treaty of Montevideo – which says that a state must have a permanent population, clearly defined territory, a specific government and the capacity to enter into relations with other states. The paper quoted the letter as telling Lord Hermer that “you are on record as saying that a commitment to international law goes absolutely to the heart of this government and its approach to foreign policy.
“You have said that a selective ‘pick and mix’ 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.
“Accordingly, 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. We look forward to your response.”
A significant number of Jewish Peers, including Lord Mendelsohn, Lord Harrington, Lord Turnberg, Lord Shamash and Lord Winston, also signed the letter, as did former Attorney General Sir Michael Ellis KC.
Earlier this year the government signed a controversial £3.4 billion with Mauritius, handing over sovereignty of the Chagos Islands while signing a 99-year agreement to lease its current UK-US military base on the island of Diego Garcia. Although the International Court of Justice had issued what was only an advisory opinion in 2019, the government argued that international law meant that such a deal was necessary.
The letter from leading legal peers came after the Chair of the Jewish Leadership Council, Keith Black, wrote to the Prime Minister urging him to rethink his decision on unilaterally recognising a Palestinian state.
“I understand that there is increased pressure from those who wish the government to take ever more radical positions and actions against Israel”, Black wrote.
“For the extremists who are causing this further division within our society, recognition of a Palestinian state will never be enough. While we gathered to hold vigils for the victims of October 7th before Israel had even responded, they were out celebrating the victory of the ‘resistance’…The community deeply appreciated the government’s considerable support for the Jewish community in this country. However, support for security must be accompanied with a meaningful willingness to understand and address why such measures are needed in modern Britain.”
The JLC chair concluded by warning Starmer: “If you proceed on this path, your government’s actions will give succour to violent extremism and betray a loyal ally. It is my view that it is a grave error. Prime Minister, I urge you, do not look evil in the face and build it a bridge to respectability.”