The term ‘recognition’ is an international legal term. Generally, it is applied when one state desires to enter into diplomatic relations with another state; or, where a state desires to ‘recognize’ a government in exile as the representative government of a State. An example of the latter would be the following: Assume that the Taliban once again capture the Afghanistan capital sometime in July or August of 2007. Prior to the capture, Karzai and representatives of his governement go into exile, say, to Dubai, and take refuge on the Halliburton campus, in a secure building. In that case, the American government would choose to ‘recognize’ the government in exile as the governing body over the state of Afghanistan.
The former use, one state choosing to enter into diplomatic relations with another is the use that this diary discusses. In particular, the request by the State of Israel that the Palestinians recognize Israel.
First, there are two major prequisites for recognition that do not exist in this case.
The state recognized has to have clearly defined borders
Only an existing State can recognize another existing State
Israel’s borders
Let’s assume that the State of Palestine exists and that it has clearly defined borders. It chooses to recognize the State of Israel. What are its borders? If the past is prologue, the borders of Israel can change on a daily basis. As the cantonization of the West Bank continues, each day the size of the cantons surrounding the remaining Palestinian cities decreases as the Israelis continue to imprison the residents in these continuing defiled cities, as they continue their ethnic-cleansing of the Palestinians.
There is no State of Palestine
Now, lets assume that the borders of Israel were clearly defined as all of what was Palestine, but for Gaza and the West Bank. Even if this were the case, it would not be possible from a legal sense for a governing entity, the Palestinian Authority, to recognize another State since it is Stateless.
What can be done?
First, Israel can clearly define its borders. Second, Palestine can become a State on the remnants of the land that Israel chooses to grant this new State. Then, and only then, will the legal term ‘recognition’ have any meaning in international law. Third, the State of Palestine recognizes the State of Israel.
What would that ‘recognition’ look like?
There would have to be conditions on the recognition related to such matters as the use of State terrorism and other forms of violence by both parties in the future. There would have to be a clause containing how conflicts between the two States would be litigated, e.g., through the International Court of Justice, or an International Court of Arbitration. Suffice it to say, there would be significant international interest in resolution of the statehoods of these two parties that there would be no want for a venue to resolve disputes.
Why does Israel make it legally impossible for the Palestinian Authority to recognize Israel, while continuing to demand recognition as a prerequisite for statehood?
A cynic might suggest that Israel really does not want the Palestinians to be in a position to recognize Israel for the reasons outlined above; namely, Israel would have clearly define its borders, the State of Palestine must exist in order for it to recognize other States, and that Israel does not wish to have its disputes with the Palestinians litigated in an International forum because they have no respect for international law, and are actively trying to eliminate Palestinians from existence through ethnic-cleansing.
Israel might answer that the Israel/Palestine issue is sui generis and, therefore, existing international law must be modified to this unique situation. Perhaps Israel wants this stateless Palestinian entity to recognize Israel’s borders as all of the "Land of Israel" and the Palestinians are only there as beligerant guests. Perhaps they are seeking legitimization for their decades-long program of ethnic-cleansing by having those that are allegedly ethnic-cleansed to approve of Israel and therefore relieve Israel of the collective guilt for their bad behaviour.
Or, perhaps Israel is perpetually yelling ‘recognize us!’ knowing that it will not happen because it is legally impossible, but, most of the world continues to see the debate framed from the Israeli viewpoint of perpetual victimhood at the hands of the terrorists that pretend to run Palestine.
Whatever the reasons for Israel’s beligerance in the matter, we can be assured of one thing: until Palestine is a State, until Israel defines its own borders, and until disputes between the two States have a forum for litigation, nothing will change. Absolutely nothing. Israeli’s will continue to not be safe in their homes, and the Palestinian people will continue to be slowly erased from their land.
Note: Depending on the serious interest in this topic, I will write another diary on the International Law of Recognition stating sources that support my reasoning.
The tags are Israel, Palestine