Following simultaneous declarations by Spain, Ireland and Norway, on May 22, 146 out of 193 United Nations (UN) member states now recognize Palestine as a state in its own right. This diplomatic decision has a geopolitical impact on international relations. In an interview with Le Monde, Béligh Nabli, professor of public law at Paris XII-UPEC and author of Relations Internationales. Droit. Théorie. Pratique ("International Relations: Law, Theory, Practice," untranslated, 2023), clarifies the real stakes involved in recognizing Palestine, against a backdrop of war between Israel and Hamas since October 2023.

In international law, there is no single authority that holds the power to recognize the existence of a state. Each "subject of international law," i.e. states and international organizations such as the UN, has the power to determine whether or not to admit the existence of another state.

For a state, recognition is an act by which it unilaterally, freely and discretionarily expresses its will through one of its authorized bodies: the head of state, the head of government or the foreign affairs minister.

In France, the constitution makes the president the head of French foreign affairs, which means that his agreement is a prerequisite for any international recognition. The latest countries to be recognized by France include South Sudan, in 2011, and Kosovo in 2008.

With its legal status, the UN can admit a new member as a state, without this automatically and compulsorily imposing that decision on the other member states.

In the case of Israel, for example, the UN General Assembly passed Resolution 181 in 1947, providing for the creation of a Jewish state, before Israel joined the organization in May 1949. However, several UN member states, such as Algeria, still do not recognize Israel today.

In addition to meeting the conditions for the formation of a state (population, territory and governmental authority), its effective international existence, and the enjoyment of all its rights, also depends on its international recognition. Recognition of one state by another does not automatically mean that embassies will be opened thereafter, but this becomes possible.

Two entities can nevertheless have diplomatic relations without one of them being recognized as a sovereign state. For example, a number of countries, including France, do not recognize Taiwan, but this does not rule out diplomatic relations, although they are less institutionalized.

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