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NextImg:Keir Starmer's Palestine plans could be ILLEGAL, Britain's top lawyers warn in scolding letter to PM

A group of the country's most prominent lawyers have warned the Prime Minister that his pledge to recognise Palestine as a state could be illegal.

A letter, signed by 40 members of the House of Lords, has warned a Palestinian state would be within the bounds of international law.

Such a state, the peers say, would not meet the criteria set out under the Montevideo Convention.

The convention, signed in 1933, sets out the four key criteria for a state to be formally recognised under international law.

These criteria include a state possessing a permanent population, a defined territory, a government and the capacity to enter into relations with other states.

There is no certainty over the border of a proposed Palestinian state, and there is no functioning single government - as Hamas, which effectively runs Gaza, is a proscribed terror group in the UK.

It also warns that if this was to go ahead, Britain's Government would be unable to recognise millions of Palestinians in the West Bank and Gaza as "refugees" because the recognition of a state would mean they were in their own territory.

The document was sent to Attorney General Lord Hermer - who has been labelled "obsessed" with international law - and was signed by seven KCs, among others.

One such signatory is Lord Pannick, one of the country's most respected lawyers who represented the former Tory Government in the Supreme Court in its bid to send illegal migrants to Rwanda.

Lord Hermer

PA

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The document was sent to 'international law-obsessed' Lord Hermer

Addressing Hermer, the peers wrote: "We call on you to advise him [Starmer] that this would be contrary to international law.

"You are on record as saying that a commitment to international law goes absolutely to the heart of this government and its approach to foreign policy.

"You have said that a selective 'pick and mix' approach to international law will lead to its disintegration, and that the criteria set out in international law should not be manipulated for reasons of political expedience.

"Accordingly, we expect you to demonstrate this commitment by explaining to the public and to the Government that recognition of Palestine would be contrary to the principles governing recognition of state in international law."

Sir Keir Starmer

REUTERS

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On Wednesday, Starmer insisted that the UK's recognition of a Palestinian state was 'not a gesture'

The signatories included Labour peers such as Lord Harrington of Watford, the former Refugee Minister, and Lord Walney, the Government's former adviser on political violence and disruption.

Other ex-ministers including Lord Pickles, Lord Hamilton of Epsom, and Baroness Foster of Oxton have also signed the note.

On Wednesday, Starmer insisted that the UK's recognition of a Palestinian state is "not a gesture", but rather will secure a viable two-state solution.

He has also stressed the need for a ceasefire, the release of all hostages, the acceleration of aid and ensuring Hamas played no role in the future, as he pushed to secure diplomatic support for his Middle East peace plan.

Sir Ephraim Mirvis

PA

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Sir Ephraim Mirvis, the Chief Rabbi, on Wednesday accused the Prime Minister of fundamentally undermining the security and peace of both Israelis and Palestinians

But Starmer's pledge has drawn fury from at home and abroad.

Both the US and Israel have condemned the decision, as have the Conservatives and Reform.

While Sir Ephraim Mirvis, the Chief Rabbi, on Wednesday accused the Prime Minister of fundamentally undermining the security and peace of both Israelis and Palestinians, saying that such an announcement at a time when hostages have still not been released can "only disincentivise Hamas from agreeing to a ceasefire".

Earlier today, Canada also promised to recognise a Palestinian state in September, as Prime Minister Mark Carney said he "condemns the fact Israel has allowed a catastrophe to unfold in Gaza".