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The Independent
6 hours ago
- Politics
- The Independent
Top lawyers warn Starmer recognising Palestine could breach international law
Sir Keir Starmer's pledge to recognise a Palestinian state could break international law, an influential group of peers has warned. Some 38 members of the House of Lords, including some of the UK's most eminent lawyers, have written to Attorney General Lord Hermer about the Prime Minister's announcement. As first reported by the Times newspaper, the peers warned that Sir Keir's pledge to recognise Palestine may breach international law as the territory may not meet the criteria for statehood under the Montevideo Convention, a treaty signed in 1933. On Tuesday, Sir Keir announced the UK could take the step of recognising statehood in September, ahead of a major UN gathering. The UK will only refrain from doing so if Israel allows more aid into Gaza, stops annexing land in the West Bank, agrees to a ceasefire, and signs up to a long-term peace process over the next two months. Hamas must immediately release all remaining Israeli hostages, sign up to a ceasefire, disarm and 'accept that they will play no part in the government of Gaza', Sir Keir also said. In their letter to Lord Hermer, the peers said Palestine 'does not meet the international law criteria for recognition of a state, namely, defined territory, a permanent population, an effective government and the capacity to enter into relations with other states'. There is no certainty over the borders of Palestine they said, and no single government, as Hamas and Fatah are enemies. Lord Hermer has previously insisted that a commitment to international law 'goes absolutely to the heart' of the Government's approach to foreign policy. In their letter seen by the PA news agency, the peers added: '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 states in international law.' Among the respected lawyers to have signed the letter are Lord Pannick – who represented the previous government at the Supreme Court over its Rwanda scheme – as well as KCs Lord Verdirame and Lord Faulks. Some of Parliament's most prominent Jewish voices, including crossbench peer Baroness Deech, Labour's Lord Winston and the Conservatives' Baroness Altmann, have also put their name to the letter. Former Conservative cabinet ministers Lord Pickles and Lord Lansley have also supported it, as has Sir Michael Ellis KC, a former Conservative attorney general and the only non-peer whose name appears on the letter as seen by PA. The peers' intervention follows condemnation of Sir Keir's announcement by Emily Damari, a British-Israeli women who was held captive by Hamas for more than a year. The PM is 'not standing on the right side of history' after his pledge to recognise a Palestinian state, she said. Israeli Prime Minister Benjamin Netanyahu meanwhile claimed it 'rewards Hamas's monstrous terrorism'. But ministers have insisted the step is important and is not an example of gesture politics. 'This is about the Palestinian people. It's about getting aid in to those starving children,' Transport Secretary Heidi Alexander said on Wednesday morning. Asked directly whether the release of hostages by Hamas is an explicit condition of Palestinian recognition, Ms Alexander told BBC Radio 4: 'We will be making an assessment in September and we expect Hamas to act in the same way as we expect Israel to act.' She later added: 'We're giving Israel eight weeks to act. If they want to be sat at the table to shape that enduring peace in the region, they must act.' Sir Keir had been coming under pressure from MPs to recognise statehood, and last week more than 250 cross-party members signed a letter calling on him to act. Elsewhere on Wednesday, Palestine Action's co-founder won a bid to bring a High Court challenge over the group's ban as a terror organisation. Huda Ammori is challenging Home Secretary Yvette Cooper's decision to proscribe the group under anti-terror laws, announced after the group claimed responsibility for action in which two Voyager planes were damaged at RAF Brize Norton on June 20.
Yahoo
6 hours ago
- Politics
- Yahoo
Top lawyers warn Starmer recognising Palestine could breach international law
Sir Keir Starmer's pledge to recognise a Palestinian state could break international law, an influential group of peers has warned. Some 38 members of the House of Lords, including some of the UK's most eminent lawyers, have written to Attorney General Lord Hermer about the Prime Minister's announcement. As first reported by the Times newspaper, the peers warned that Sir Keir's pledge to recognise Palestine may breach international law as the territory may not meet the criteria for statehood under the Montevideo Convention, a treaty signed in 1933. On Tuesday, Sir Keir announced the UK could take the step of recognising statehood in September, ahead of a major UN gathering. The UK will only refrain from doing so if Israel allows more aid into Gaza, stops annexing land in the West Bank, agrees to a ceasefire, and signs up to a long-term peace process over the next two months. Hamas must immediately release all remaining Israeli hostages, sign up to a ceasefire, disarm and 'accept that they will play no part in the government of Gaza', Sir Keir also said. In their letter to Lord Hermer, the peers said Palestine 'does not meet the international law criteria for recognition of a state, namely, defined territory, a permanent population, an effective government and the capacity to enter into relations with other states'. There is no certainty over the borders of Palestine they said, and no single government, as Hamas and Fatah are enemies. Lord Hermer has previously insisted that a commitment to international law 'goes absolutely to the heart' of the Government's approach to foreign policy. In their letter seen by the PA news agency, the peers added: '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 states in international law.' Among the respected lawyers to have signed the letter are Lord Pannick – who represented the previous government at the Supreme Court over its Rwanda scheme – as well as KCs Lord Verdirame and Lord Faulks. Some of Parliament's most prominent Jewish voices, including crossbench peer Baroness Deech, Labour's Lord Winston and the Conservatives' Baroness Altmann, have also put their name to the letter. Former Conservative cabinet ministers Lord Pickles and Lord Lansley have also supported it, as has Sir Michael Ellis KC, a former Conservative attorney general and the only non-peer whose name appears on the letter as seen by PA. The peers' intervention follows condemnation of Sir Keir's announcement by Emily Damari, a British-Israeli women who was held captive by Hamas for more than a year. The PM is 'not standing on the right side of history' after his pledge to recognise a Palestinian state, she said. Israeli Prime Minister Benjamin Netanyahu meanwhile claimed it 'rewards Hamas's monstrous terrorism'. But ministers have insisted the step is important and is not an example of gesture politics. 'This is about the Palestinian people. It's about getting aid in to those starving children,' Transport Secretary Heidi Alexander said on Wednesday morning. Asked directly whether the release of hostages by Hamas is an explicit condition of Palestinian recognition, Ms Alexander told BBC Radio 4: 'We will be making an assessment in September and we expect Hamas to act in the same way as we expect Israel to act.' She later added: 'We're giving Israel eight weeks to act. If they want to be sat at the table to shape that enduring peace in the region, they must act.' Sir Keir had been coming under pressure from MPs to recognise statehood, and last week more than 250 cross-party members signed a letter calling on him to act. Elsewhere on Wednesday, Palestine Action's co-founder won a bid to bring a High Court challenge over the group's ban as a terror organisation. Huda Ammori is challenging Home Secretary Yvette Cooper's decision to proscribe the group under anti-terror laws, announced after the group claimed responsibility for action in which two Voyager planes were damaged at RAF Brize Norton on June 20.
Times
9 hours ago
- Politics
- Times
Palestine pledge could break the law, top lawyers warn Starmer
Some of Britain's most prominent lawyers have warned Sir Keir Starmer that his government's pledge to recognise a Palestinian state risks breaking international law. Their intervention, signed by 40 members of the House of Lords, said a Palestinian state would not meet the criteria for recognition as set out under the Montevideo Convention, a treaty signed in 1933. The letter, seen by The Times, was sent to Lord Hermer, the attorney-general and the government's top legal adviser. The signatories point out that Starmer's pledge risked undermining the government's commitment that international law goes 'absolutely to the heart' of its foreign policy. Among those who signed the letter were seven KCs, including Lord Pannick, one of the UK's most respected lawyers. Pannick represented the government in its Supreme Court battle over the Rwanda relocation scheme. The peers, including some of parliament's most prominent Jewish voices, wrote to Hermer: '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 states in international law. We look forward to your response.' The 1933 treaty, signed in the Uruguayan capital, laid out the four key criteria for statehood in international law. The treaty says a state must possess a permanent population, a defined territory, a government and the capacity to enter into relations with other states. The letter added that there is no certainty over the borders of a proposed Palestinian state, while the government would face difficulty continuing to recognise millions of Palestinians in the West Bank and Gaza as 'refugees', given recognition of statehood would mean they were in their own territory. They also argued that there is no functioning single government, and it has no capacity to enter into diplomatic relations. Hamas is a proscribed terror group in the UK. Among the 40 peers to sign the letter were prominent legal figures including Lord Collins of Mapesbury, a former Supreme Court judge, Lord Verdirame KC, a leading barrister and professor in international law, Lord Faulks KC, a leading human rights lawyer, and Lord Banner KC, whose report on radical planning reforms are being accepted by Starmer to speed up major infrastructure projects. Labour signatories include Lord Mendelsohn, Lord Turnberg, Lord Shamash and Lord Winston, while Lord Harrington of Watford, the former refugee minister, and Lord Walney, the government's former adviser on political violence and disruption, also signed the letter. Former cabinet ministers include Lord Pickles, Lord Lansley, Lord Ellis KC, Lord Hamilton of Epsom and Baroness Foster of Oxton. Several former Labour attorney-generals are also said to be supportive of the letter. Starmer insisted on Wednesday that Britain's recognition of Palestinian statehood is 'not a gesture' but will secure a viable two-state solution as he embarked on a diplomatic push to secure support for his Middle East peace plan. In a round of calls with world leaders, Starmer said 'recognition needed to be rooted in a process of change that made a material difference to the situation on the ground'. He told his Australian counterpart, Anthony Albanese, that 'recognition was not a gesture, but a driver for real change that ensured a viable two-state solution', Downing Street said. Starmer also stressed the need for a ceasefire, the release of all hostages, the acceleration of aid and ensuring Hamas played no role in a future state. Starmer's announcement has been widely criticised by both Jewish groups and the families of Britons who were held captive, and who have accused the government of reducing hostages to a 'bargaining chip'. On Wednesday evening, Sir Ephraim Mirvis, the Chief Rabbi, accused Starmer of fundamentally undermining the peace and security of both Israelis and Palestinians and said that the announcement at a time when hostages remain captive can 'only disincentivise Hamas from agreeing to a ceasefire'. Writing in The Times, Kemi Badenoch, the Conservative Party leader, warned that Starmer's 'knee-jerk recognition of Palestinian statehood will embolden our enemies at abroad and at home'. The letter was announced after Palestine Action won permission to challenge its ban by the UK government. The High Court ruled that the decision by Yvette Cooper, the home secretary, to proscribe the group as a terrorist organisation should be reviewed in the courts. Huda Ammori, Palestine Action's co-founder, lodged a bid to challenge the proscription, which was made under anti-terror legislation. The proscription was announced by Cooper after the group claimed responsibility for breaking into RAF Brize Norton on June 20 and inflicting millions of pounds of damage to two Voyager aircraft. In a major ruling at the High Court, Mr Justice Chamberlain said it was 'reasonably arguable' that the proscription 'amounts to a disproportionate interference' of Ammori's rights to freedom of expression and freedom of assembly. He concluded that a substantive hearing at the High Court should be held in order to decide the legality of the decision to proscribe the group. Yvette Cooper, the home secretary, said: 'The court has confirmed the continuation of the proscription order against Palestine Action Group in line with its previous judgement, while allowing permission for a further hearing under the normal judicial review procedures. 'The decision to proscribe was based on strong security advice and the unanimous recommendation by the expert cross-government Proscription Review Group. This followed serious attacks the group has committed, involving violence, significant injuries and extensive criminal damage.' She added: 'Those who seek to support this group may yet not know the true nature of the organisation. But people should be under no illusion — this is not a peaceful or non-violent protest group.'
Daily Tribune
11 hours ago
- Politics
- Daily Tribune
Bahrain Asserts Balance
TDT | Manama Bahrain reaffirmed its unwavering support for global peace and legal order yesterday, as its parliamentary delegation addressed a high-level meeting on the sidelines of the 6th World Conference of Speakers of Parliament in Geneva. The session, held under the theme 'Upholding the UN Charter and International Law to Ensure Global Peace and Security,' was hosted by H.E. Mohammad Bagher Ghalibaf, Speaker of the Islamic Consultative Assembly of Iran, and convened by the Inter-Parliamentary Union (IPU). Representing Bahrain were H.E. MP Abdulnabi Salman Ahmed, First Deputy Speaker of the Council of Representatives, and H.E. Dr. Bassam Ismail Al Binmohammed, member of the Shura Council's Foreign Affairs, Defence, and National Security Committee. Balanced Diplomacy The Bahraini delegation underscored the Kingdom's principled foreign policy, rooted in respect for the UN Charter, pursuit of political solutions, and promotion of multilateral diplomacy. They reiterated Bahrain's belief in international law as the true guarantor of collective security and stability. This approach, they noted, reflects the vision of His Majesty King Hamad bin Isa Al Khalifa and the leadership of His Royal Highness Prince Salman bin Hamad Al Khalifa, the Crown Prince and Prime Minister, particularly in supporting peace, mutual respect, and regional cooperation. UN Council Role The delegation highlighted that Bahrain's election to the UN Security Council for the 2026– 2027 term is a direct result of its growing international standing and balanced engagement. They described it as a rare opportunity to amplify voices of moderation and reinforce global legal norms from within the world's top decision-making forum. The parliamentarians further stressed that the legislative authority, through its active parliamentary diplomacy, fully supports Bahrain's foreign policy and global peace efforts, including the incorporation of international legal principles into national legislation. Parliamentary Presence Bahrain's presence at such forums, they added, reflects its commitment to constructive global engagement and the strengthening of human values. The delegation welcomed initiatives that broaden parliamentary participation in international peacebuilding and reaffirmed Bahrain's support for legal multilateralism. The Geneva forum runs through July 31.
The Guardian
4 days ago
- Politics
- The Guardian
Albanese accuses Israel of ‘clearly' breaching international law but resists push to recognise Palestinian state
Australia has no plans to imminently recognise a Palestinian state, Anthony Albanese says, cautioning further steps must be met for a two-state solution despite growing pressure inside the Labor party for the government to follow through on its long-held commitment. The prime minister has also accused Israel of a breach of international law in blocking aid into Gaza, saying 'you can't hold innocent people responsible' for the actions of Hamas, and warning that Benjamin Netanyahu's government is 'losing support' internationally. 'Quite clearly it is a breach of international law to stop food being delivered which was a decision that Israel made in March,' Albanese told the ABC's Insiders program on Sunday. 'Israel as a democratic state has a responsibility to ensure that innocent lives are not lost, and what we have seen is too many Israeli and Palestinians lives lost, and every life matters.' Sign up: AU Breaking News email Israel on Sunday, Australian time, said it would start airdrops with humanitarian aid in Gaza, Reuters reported, as well as establishing humanitarian corridors for UN convoys, though it did not say when or where. At least 57 people were killed in Gaza over the past 24 hours, many killed while seeking aid, as well as by Israeli airstrikes, amid a worsening starvation crisis. Albanese said the airdrops would be 'a start'. Referencing widely published photos of an emaciated infant boy suffering from starvation in Gaza, as well as other starving children, the prime minister said innocent people must be protected. 'A one-year-old boy is not a Hamas fighter. The civilian casualties and death in Gaza is completely unacceptable. It's completely indefensible,' he said. 'My government has been very consistent in calling for a ceasefire. We have been consistent in calling out the terrorists in Hamas and saying that the hostages should be released. But we have rules of engagement and they are there for a reason. They are to stop innocent lives being lost and that is what we have seen.' Albanese said it was 'quite clearly' a breach of international law to block aid deliveries. Asked by Insiders host David Speers to clarify whether he was specifically accusing Israel of breaching international law, Albanese responded 'I'm not a lawyer, those things will play out their course'. 'But I tell you what it's a breach of: it's a breach of decent humanity and of morality and everyone can see that,' he said. 'I'm a supporter of Israel and Israel's right to defend itself, but that boy isn't challenging Israel's right to existence, and nor are the many who continue to suffer from the unavailability of food and water. The fact that people have lost their lives queueing to get food and water distributed not by the UN, but distributed by the joint Israeli-American operation, is a tragedy.' The Israeli embassy in Canberra was contacted for comment. Albanese said the concerns he'd relayed to Israeli president, Isaac Herzog, reflected that 'sometimes friends have to say to their other friends when they are losing support'. The prime minister issued his own statement condemning Israel for 'the killing of civilians, including children' seeking aid, but stopped short of saying Australia would recognise a Palestinian state, as French president, Emmanuel Macron, had committed. On Sky News on Sunday, the shadow foreign affairs minister, Michaelia Cash, repeated previous claims that the Australian government should have more strongly condemned Hamas. 'The next sentence should have been, 'and we call on the terrorists Hamas, who commenced this war, and who are ensuring the suffering of the civilians in Gaza, to end this war tomorrow',' she said. Albanese's statement on Friday said: 'Australia condemns the terror and brutality of Hamas and we reiterate our call for the immediate release of the remaining hostages.' Former foreign minister Bob Carr, Labor MP Ed Husic and the Labor Friends of Palestine campaign group on Friday reiterated their calls for the government to move now in recognising a Palestinian state – a reform that has long been Labor policy. But Albanese said such a move was not imminent. He raised concerns about ensuring Hamas was blocked from any involvement in a Palestinian state, how it would operate in a way that did not threaten Israel's existence, and how the Palestinian Authority would be involved. Albanese also said it was 'critical' the United States play a role, including in security arrangements about settlements in the West Bank and the rebuilding of Gaza. 'We won't do any decision as a gesture. We will do it as a way forward if the circumstances are met,' he said. 'We'll make a decision based upon the time. Is the time right now? Are we about to imminently do that? No, we are not.'
