Minister Dismisses Legal Concerns Over UK’s Pledge to Recognise Palestinian State

Published: 31 July 2025. The English Chronicle Desk

A UK government minister has pushed back against claims that recognising Palestine as a state could breach international law, amid mounting political and legal pressure on Sir Keir Starmer’s pledge to formally recognise Palestinian statehood in September. The debate, which has stirred controversy in legal, diplomatic, and parliamentary circles, centres on whether such recognition complies with international criteria for state legitimacy.

The controversy was ignited by a letter sent to Attorney General Lord Hermer by 38 members of the House of Lords — including prominent legal figures — warning that Starmer’s proposed recognition of Palestine might contravene international law. The letter, first revealed by The Times, argues that Palestine fails to meet the necessary criteria for statehood as set out in the 1933 Montevideo Convention, which includes defined borders, a permanent population, an effective government, and the capacity to enter into international relations.

However, Small Business Minister Gareth Thomas categorically rejected the claim during an interview on Sky News Breakfast, stating that the UK has not signed the Montevideo Convention and that the recognition of a state is fundamentally a “political judgement”. He added that over 140 countries have already recognised Palestine, reinforcing the legitimacy of the move on the international stage.

“I respect the views of those lawyers,” Mr Thomas said, “but in the end, recognition of a state is a political judgement. And we’ve been very clear that our judgement is that the Palestinians have an inalienable right to statehood.” He added that the UK would proceed with recognition unless Israel takes substantive action to end violence in Gaza and commits to a two-state solution.

Mr Thomas further emphasised that any recognition would take place during the United Nations General Assembly in September, unless Israel halts annexation in the West Bank and agrees to allow desperately needed humanitarian aid into Gaza.

International reactions continue to grow. Canadian Prime Minister Mark Carney announced his government would also recognise a Palestinian state, contingent upon the Palestinian Authority undertaking significant governance reforms and excluding Hamas from the 2026 general elections. His statement closely mirrors conditions laid out by France and the UK.

Still, the domestic legal opposition remains strong. The peers’ letter to Lord Hermer underscores what they view as the legal insufficiency of the Palestinian Authority’s claim to statehood. It also points to internal divisions within Palestinian leadership, citing Hamas and Fatah as rival factions without a unified government. The letter includes signatures from some of the UK’s most respected legal voices, including Lord Pannick KC, Lord Verdirame KC, and Lord Faulks KC, as well as high-profile parliamentary figures such as Baroness Deech, Lord Winston, and Baroness Altmann.

Israel has responded with strong condemnation, accusing the UK of rewarding Hamas and jeopardising ceasefire negotiations in Gaza. Its foreign ministry issued a statement asserting that the recognition plan undermines peace efforts and the prospects of hostage releases.

As the diplomatic clock ticks toward September’s UN General Assembly, the UK government faces a delicate balancing act: honouring its commitment to a two-state solution while navigating fierce internal and international scrutiny over the legality, timing, and geopolitical consequences of recognising Palestinian statehood.