Palestine has been a state since the Treaty of Lausanne. Even the US recognized the state of Palestine in 1932 when it had a trade agreement with Palestine that was separate from the one it had with Britain. And later a US court case about Palestinian citizenship ruled Palestine to be a state.Tehon, et al,
This is a sticky two-part question.
Israel's recognition of Palestine as a state under International Law is a statement of its intent by Israel. Recognition constitutes a unilateral decision by Israel of it's intent to conduct diplomatic exchanges on the basis that a body of leaders represent the constituents of a particular territory.
Israel's recognition of Palestine as a state may be "express" (explicitly stated) or "tacit" (implied deeds or indicated actions). The Oslo II Accord (Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip) may be considered such a deed as to be tacit approval.
• It is entirely at the discretion of Israel to decide to recognize Palestine as a state.
• Recognition is unconditional and irrevocable once given. Israel would be stipulating that the State pf Palestine is equal, enjoy the same rights as other States, and have equal capacity in their exercise.
(COMMENT)Does Israel recognize Palestine as a State and how does that bear on the duties of Palestinians in regards to the law?
The citizenry of the State of Palestine must formulate a government that is effective and independent both externally and internally; as an expression of state sovereignty.
If Palestine is recognized before all the preconditions for recognition are met (premature recognition), this could be considered contrary to International Law and Legally Ineffective. If Israel were to prematurely recognizes Palestine [as in the "occupied Palestinian territories" (oPt)] as in Paragraph 1, A/RES/67/19] could be interpreted as being in breach of the prohibition of interference in the internal affairs of a state [Article2(4) 2 of the Charter of the United Nations]. See The recognition of states and governments under international law
A distinction is also drawn between de jure and de facto recognition.
• de jure Recognition: If a state is accorded de jure recognition, that means all the preconditions under international law for final and complete recognition have been fulfilled.
• de facto Recognition: this type of recognition has a comparatively less binding effect, because the legal relationship – though effectively in existence – is only provisional. Provisional de facto recognition for political reasons can of course be converted to de jure recognition once all the required legal preconditions have been fulfilled.
(ANSWER)
In my opinion (for what it is worth) Israel has, without a formal statement, acted in a manner with the Palestinian Authority that suggests it has granted tacit provisional recognition.
Most Respectfully,
R
And still you refuse to provide the evidence of this being so, at no time is the state of palestine mentioned in the treaty of Lausanne so that is your first LIE.
The USA has not recognised palestine as a state until 1988 when it declared independence. The US court does not dictate official US policy and so cant declare a state where one has never existed. This is your second LIE
All you have is the word of an islamonazi propagandist and LIAR who has been proven to alter treaties, laws and official letters to say what he believes.