THE HAGUE
Thirty-six years ago, former Palestine Liberation Organization (PLO) leader Yasser Arafat declared the Palestinian Declaration of Independence in Algeria, establishing a pivotal moment in the Palestinian quest for recognized statehood.
Legal scholars point out that Arafat’s declaration was instrumental in securing recognition of Palestine as a state by 146 countries. Widely viewed as the most significant step toward Palestinian statehood, the declaration underscored the Palestinian right to self-determination.
International law experts note that the US has been a major obstacle, pressuring Western countries not to recognize Palestine as a state.
Francis Boyle, an American human rights professor who served as legal advisor to the Palestinian Delegation to the Middle East Peace Negotiations, and John Quigley, an international law professor at Ohio State University, shared their insights with Anadolu on the declaration's preparation process, the legal basis of Palestine’s state status and barriers to international recognition.
2 motivations behind declaration of independence
Boyle recalled the PLO inviting him to the UN General Assembly in 1987 to speak on the 20th anniversary of the Six-Day War.
“In that speech I gave at UN headquarters, I stated that the time had now come for the Palestinians to unilaterally proclaim their own independent state, seek membership in the United Nations Organization,” he said.
At the Palestinians’ request, Boyle then prepared a memorandum on how they could proceed with the process.
“In August of 1988, King Hussein of Jordan severed all his ties with the West Bank as he called it. And at that point, the PLO leadership realized they had to create their own state to fulfill that vacuum. In the meantime, of course, the Intifada had broken out in Gaza in December 1987. And by about March of 1988, the unified leadership of the Intifada on the ground in Palestine had asked the PLO to create a state for them.”
Boyle identified two motivations behind the Palestinian Declaration of Independence: “First, the right of the Palestinians to self-determination to have their own state. And two, as I saw it at the time, the Palestinians needed a state to protect them from annihilation by the Zionists which we are now seeing today in Gaza and the West Bank.”
Statehood a lifeline for Palestinians
Today, 146 out of 193 UN members recognize the state of Palestine.
“Palestine then in 2012 obtained the status of an observer state at the United Nations Organization. Recently (May 2024) the UN General Assembly upgraded the status of Palestine to almost a de facto UN member state, with all the rights of a UN member state, except voting and being able to get elected to office.”
Boyle emphasized the importance of state status for Palestine: “The state of Palestine is keeping them alive today as we speak. It's the one source of authority and power that they do have. And this has also enabled Palestine to join international treaties and international organizations as well,” he said. “For example, in South Africa's lawsuit before the World Court against Israel for committing genocide, Palestine recently joined that lawsuit.”
No UN member state has ever been destroyed in history
Drawing on his experience as Bosnia’s legal representative in an International Court of Justice genocide case, Boyle noted that “no UN member state has ever been destroyed in the history of the United Nations. Some have dissolved, like my former adversary Yugoslavia or the Soviet Union, but hasn't been destroyed.”
“In the work I did for the Bosnians, the United Nations, the European Union and the Clinton administration tried to destroy their statehood and rob them of their UN membership so that they could annihilate them as well. And I stopped that. And that UN membership today is keeping Bosnia alive and Bosnia's statehood. Otherwise, they would have gone the way of history.”
The US continues its opposition, exerting pressure on European countries not to recognize Palestine, said Boyle.
“The United States government has applied enormous pressure to different European countries to keep from recognizing the state of Palestine. Though I know Norway just recognized them, I think last spring, and Norway is a NATO member state. It's a disgrace because many years ago, the European Union did say that they were going to recognize Palestine, but they're still holding out because of American pressure, intimidation, bullying to prevent this from happening.”
Treaty of Lausanne’s legacy on Palestinian statehood
Meanwhile, Quigley highlighted a different aspect of the 1988 declaration.
“The declaration in 1988 was important because it posited that the PLO was the government of Palestine. I don't actually see the declaration as a declaration of statehood.”
“It was rather a declaration of being a government of a state that had existed since 1923 from the time of the Treaty of Lausanne when Türkiye renounced sovereignty and the states of Palestine, Iraq and Syria thereby came into existence.”
He also referenced the 1924 Mavrommatis Palestine Concessions case in the Permanent Court of International Justice, where it was stated that “the sovereignty in Palestine related to Palestine and not to Britain or anyone else as a result of the Treaty of Lausanne.”
US influence impedes recognition process
Boyle and Quigley agreed that US pressure remains the primary barrier to Palestine’s full recognition.
Quigley noted that the US has prevented countries that have yet to recognize Palestine from doing so.
“In order to say we recognize Palestine as a state, they have to take a position that is contrary to that of the United States and they are reluctant to go against the United States. If tomorrow the United States were to say that it recognizes Palestine, all these other states would do so immediately.”
Quigley stressed the importance of recognition.
“At the United Nations, the General Assembly passed a resolution in May coming very close to accepting Palestine as a member state. And even though that resolution was opposed by the United States.”
What recognition as ‘state’ means for Palestine
The increase in countries formally recognizing Palestine reflects the success of Palestinian diplomatic efforts and strengthens its leverage in negotiations with Israel and on the global stage.
Recognition as a state allows Palestine to establish diplomatic relations on equal footing with other nations, exchange ambassadors with countries that recognize its statehood and challenge the US veto blocking full UN membership.
Additionally, it provides formal acceptance of Palestinian passports in those countries, enabling Palestine to enact domestic policies affirming its statehood. The recognition signals that occupied territories are considered part of the Palestinian state, opposing Israel’s attempts at annexation.
While recognition does not directly end the occupation or change conditions in the Gaza Strip, it contributes to ending the conflict, achieving a lasting solution, and holding perpetrators accountable.
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