Abstract
The study analyses the applicability of the Montevideo Criteria for Statehood to Palestine, a controversial issue in both legal and political terms. The Montevideo Criteria, which were established in the Montevideo Convention of Rights and Duties of States adopted in 1933, are four key elements that a political entity must possess to be considered a state: a permanent population, an allocated territory, a government, and the capacity to enter into relations with other states. This study aims to examine whether Palestine fulfils these criteria and to analyse the implications of its quest for recognition as a sovereign state.
The study is a meticulous examination of the status of Palestine and each Montevideo criterion, addressing the challenges and controversies surrounding its statehood and evaluating the broader impacts on international law and recognition. A comprehensive review of legal documents, international agreements, United Nations resolutions, and scholarly articles was undertaken, leaving no stone unturned. The data was sourced from primary sources such as the Montevideo Convention and various UN resolutions, as well as secondary sources, including academic journals and expert analyses, ensuring a comprehensive and balanced analysis.
The study’s findings are a beacon of hope, indicating that Palestine largely meets the Montevideo Criteria. It boasts a permanent population of approximately 5.43 million people. It exercises control over a defined territory that encompasses the West Bank (including East Jerusalem) and the Gaza Strip, despite ongoing border disputes. The Palestinian Authority and Hamas function as governing bodies, despite political divisions. Moreover, Palestine maintains diplomatic relations with numerous countries and holds membership in various international organizations, such as UNESCO and the International Criminal Court, underscoring its international recognition.
However, significant obstacles hinder Palestine’s complete recognition and functionality as an independent state. These challenges include the ongoing Israeli occupation, internal political divisions between the Palestinian Authority and Hamas, and the lack of universal recognition, notably from important states like the United States and Israel.
In conclusion, although Palestine essentially meets the Montevideo Criteria, it faces political, territorial, and diplomatic hurdles that highlight the complexities surrounding statehood and recognition in international law. Understanding these dynamics is crucial for comprehensively understanding the broader implications involved.
Keywords: MONTEVIDEO, PALESTINE, RECOGNITION, STATEHOOD, STATE