The Government “believe” the plan to recognise a Palestinian state is compliant with international law, a minister has said.
Business minister Gareth Thomas described the decision as a “political judgment” after a group of peers warned it could be in contravention of international law.
Some 38 members of the House of Lords, including some of the UK’s most eminent lawyers, have written to Attorney General Lord Hermer about the Prime Minister’s announcement.
As first reported by the Times newspaper, the peers warned Sir Keir Starmer’s pledge to recognise Palestine may breach international law as the territory may not meet the criteria for statehood under the Montevideo Convention, a treaty signed in 1933.
Asked whether recognising Palestine is compliant with international law, Mr Thomas told Times Radio: “Yes, we believe it is.
“In the end, recognition of another state is a political judgment and over 140 countries have already recognised Palestine, and we’re determined to do so in September if Israel does not end the violence in Gaza, agree to a ceasefire and agree to a lasting route towards a two-state solution, and to no annexation in the West Bank.”
In their letter to Lord Hermer, the peers said Palestine “does not meet the international law criteria for recognition of a state, namely, defined territory, a permanent population, an effective government and the capacity to enter into relations with other states”.
There is no certainty over the borders of Palestine, they said, and no single government as Hamas and Fatah are enemies.
Mr Thomas told Times Radio there is a “clear population” in Palestine and “we have made clear that we think you would recognise the state of Palestine, and that state of Palestine would be based on the 1967 borders”.
In their letter, seen by the PA news agency, the peers added: “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.”
Lord Hermer has previously insisted a commitment to international law “goes absolutely to the heart” of the Government’s approach to foreign policy.
Among the respected lawyers to have signed the letter are Lord Pannick – who represented the previous government at the Supreme Court over its Rwanda scheme – as well as KCs Lord Verdirame and Lord Faulks.
Sir Keir announced earlier this week that the UK could take the step of recognising Palestine in September ahead of a gathering at the UN.
The UK will only refrain from doing so if Israel allows more aid into Gaza, stops annexing land in the West Bank, agrees to a ceasefire, and signs up to a long-term peace process over the next two month, the PM said.
