Palestine Statehood and Armed Groups Under International Law

Extract

[...] Palestine: between statehood claim and partial international recognition The status of state is defined in international law by the Montevideo Convention of 1933, according to four cumulative criteria: a territory defined, a permanent population, a effective government, and the capacity to enter into international relations1. The Palestine has a population and a claimed territory but its sovereignty is weakened by the Israeli occupation, institutional fragmentation between Fatah and Hamas, and dependence on international aid. In spite of this, Palestine benefits from a certain political recognition. In 2012, theGeneral Assembly of the United Nations her the status ofNon-member observer state2. And it was then that in May 2024, It was then approved a new resolution reaffirming the non-member observer state status of Palestine3. [...]

[...] The Palestinian Islamic Jihad (PIJ) is another armed group active since the 1980s. It differs from Hamas by its refusal to participate in politics and its exclusive military commitment. Since 2018, it has been led by Ziad al-Nakhalah, who also oversees its military branch, the Al-Quds Brigades.14. The PIJ also receives military and financial support from Iran, which strengthens its logistical capacity. These three groups, even if non-state, are legally identifiable as parties to the conflict. They are therefore in principle required to respect the rules of international humanitarian law, including the protection of civilians, and their leaders may be prosecuted in case of serious violations (war crimes, crimes against humanity) etc.15. [...]

[...] Despite being classified as terrorist organization by the EU and other Western countries11, Hamas is considered a party to the conflict. Ismaïl Haniyeh heads the political bureau abroad, while Yahya Sinouar exercises executive power in Gaza12. The military command is entrusted to Mohammed Deif, chief of armed operations13. The Martyrs of Al-Aqsa Brigades, formed in the early 2000s, come from Fatah, the secular movement founded by Yasser Arafat. They remain associated with Mahmoud Abbas, the president of the Palestinian Authority but they often act autonomously. Their organization is decentralized and they are mainly active in the West Bank. [...]

[...] International law does not require unanimous recognition for a state to exist. The declarative approach (based on objective criteria) coexists with a constitutive approach (based on the recognition of other states)6. In the Palestinian context, the two methods coexist, creating a hybrid status: a partially recognized state, having a limited but real legal personality on the international scene 7. II) Palestinian Armed Groups: Status as Parties to the Conflict and Leading Authorities In parallel to the Palestinian statehood claim, several non-state armed groups participate in the conflict8. [...]