Palestine is not a State (under international public law)
Palestine’s statehood is hindered by legal criteria, divided government, and limited recognition
International doctrine still makes use of Article 1 of the Convention on the Rights and Duties of States (better known as the Montevideo Convention of 1933) to determine the 4 characteristics that make the actors a State.
Literally, it reads as follows.
The state as a person of international law should possess the following qualifications:
a) A permanent population.
b) A defined territory.
c) Government.
d) And capacity to enter into relations with the other States.
International Law and the Palestinian Question
Let’s assume, for a moment and in order not to enter into an infinite historical spiral that enjoys endless interpretations, that Palestine has a permanent population (objectionable), has a defined territory (contestable) and possesses the capacity to enter into relations with other States (also questionable).
The real problem is that it lacks a formal government; indeed, the only real government that holds power and makes decisions is Hamas, which is still a terrorist group, or at least that is how it is officially considered by the European Union, the United States and Japan, among others.
Objectively, this is noticeable if you look at where Israel has attacked, because the Gaza Strip has been governed and controlled de facto by Hamas since 2007.
International recognition is useless
The political parade that some presidents such as Pedro Sánchez have staged is only intended to wash their image at the international level, given that the recognition of one State by another only has political effects, never practical ones.
The only thing that could lead to the recognition of Palestine by the other States is its inclusion as a full member of the UN, an organization in which it currently has only observer status.
But this would not really change the rules of the game in the Middle East, because the United Nations does not have the capacity to mediate peace in the region.
