This summer, France is expected to align its foreign policy with international law by recognising the state of Palestine alongside Israel. France and Saudi Arabia are working together to draw up a framework for Middle East peace. So far, so good.
But, right now, where is Britain on this issue? It should be leading – not following.
Our country has the historic responsibility, stemming from the broken promises of the Balfour Declaration and our misconduct of the Mandate for Palestine up to 1948. There is urgency: under Benjamin Netanyahu, Israel is undermining systematically any prospect of two states coexisting at peace – the bipartisan policy of successive British governments.
Commendably, Keir Starmer works hand in glove with Emmanuel Macron on Ukraine and on handling the US in this new era. American unpredictability shows the wisdom of Starmer’s moves since July to restore and strengthen our ties with European partners on foreign policy, defence and migration. Palestine/Israel must be a key element in this effort.
Our government was elected on a commitment to recognise Palestine and uphold international law without fear or favour. We should give a lead in Europe and the Commonwealth consistent with our values and in our national interest. The rule of law is in our interest.
For Britain, the question is not one of diplomacy alone – it is also one of justice and historical accountability. Over a century ago, Britain and France secretly negotiated the Sykes-Picot Agreement, carving up the Ottoman empire’s Arab provinces into spheres of influence. Britain acquired control of Palestine under the League of Nations mandate, with a stated duty to assist its people towards independence.
That promise was broken. The Palestinian Arab majority of the population were made homeless, displaced.
Since 1967, Palestine has been under Israeli military occupation. Last July, the International Court of Justice advised that the 1967 occupation is unlawful; all UN member states must work to end it as rapidly as possible. Failure to recognise Palestine serves to prolong that unlawful occupation.
Recognition of Palestine is not about taking sides, nor rewarding terrorism, nor delegitimising Israel. It is about parity of esteem, redressing a profound imbalance in international relations while upholding international law.
Israel, created in 1948 and recognised immediately by the US, then by Britain and so many others, is a full member of the global order. Palestine remains in a permanent state of limbo. Britain cannot continue to profess support for a two-state solution while refusing to recognise one of the two states.
There is no legal impediment to recognition. In 2011, the then foreign secretary William Hague confirmed that Palestine meets the criteria for statehood, subject to the occupation. The ICJ deems the occupation to be unlawful. Our government recognises states, not governments, and says that the decision to recognise is ours alone – the occupation does not give Israel a veto; 147 of the world’s 193 nations recognise Palestine. The 2012 UN General Assembly vote granting Palestine non-member observer state status passed with overwhelming support.
Our government, the ICJ and the United Nations have consistently affirmed that the West Bank, including East Jerusalem, and Gaza, is occupied Palestinian territory, not Israeli land. The continued expansion of Israeli settlements in the West Bank violates the fourth Geneva Convention and has been condemned as illegal in multiple UN Security Council resolutions, including resolution 2334 of 2016, which Britain helped to draft.
British recognition of Palestine on pre-June 1967 lines will not prejudice final status negotiations, nor question Israel’s right to exist in peace and security. Rather, it reaffirms that the Palestinian people have the self-same right to self-determination and statehood that Israel enjoys and sends a clear message that the international community will not accept unilateral annexation or perpetual occupation. As the ICJ stated in its 2004 advisory opinion on the Israeli separation barrier in the West Bank, all states have a legal obligation not to recognise the unlawful situation resulting from Israeli actions in occupied Palestinian territory.
Some argue that recognition should come only at the end of negotiations or as part of a “peace process”. But the geopolitical case for recognition now is strong.
As the US pursues further regional normalisation between Israel and Arab states, recognition of Palestine by key European governments – last year, Spain, Ireland and Norway said they recognised a Palestinian state based on borders established before the war in 1967 – will serve as a vital counterweight, reminding all parties that Palestinian rights cannot be shelved or ignored.
France aims to coordinate recognition with efforts by Arab states to recognise Israel, potentially within a broader peace framework. Britain should support this dual-track approach, reinforcing the vision of two states living side by side in peace.
Imperial Britain helped draw the borders of the modern Middle East, for good and ill. Our government now has a chance to help the peoples of the Middle East to reshape its future, by giving a lead.
Sir Vincent Fean is a former UK consul general to Jerusalem and a trustee of the Britain Palestine Project (britainpalestineproject.org)
