Keir Starmer is facing a legal storm over his controversial pledge to recognise a Palestinian state, as some of Britain’s most distinguished lawyers and peers warn the move could break international law.
In an extraordinary intervention, 40 members of the House of Lords, including seven of the UK’s most senior KCs, have written to the government’s top legal adviser, Lord Richard Hermer, urging him to block the plan.
The signatories argue the Prime Minister’s proposal fails to meet the legal criteria for statehood as laid out in the Montevideo Convention of 1933, a cornerstone of international law.
Among them is Lord Pannick KC, one of Britain’s most respected legal minds, who represented the government during the Supreme Court battle over the Rwanda scheme. The letter also bears the names of former Supreme Court judge Lord Collins of Mapesbury, and Lord Verdirame KC, a renowned professor of international law.
The letter, as reported in The Times, warns that recognition of a Palestinian state would be “contrary to international law”. It calls on Lord Hermer to stand by his own previous statements condemning a “pick and mix” approach to legal norms.
“We call on you to advise [Starmer] that this would be contrary to international law,” the peers wrote.
“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… 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.”
The Montevideo Convention stipulates that for a territory to be recognised as a state, it must possess a permanent population, a defined territory, a functioning government, and the ability to enter into diplomatic relations.
The peers argue Palestine fails on multiple counts pointing to the lack of defined borders, the absence of a unified government, and the presence of Hamas, a proscribed terror group in the UK, in Gaza.
They also warned that recognising Palestine could complicate Britain’s longstanding designation of Palestinians as refugees, since such recognition would imply they are no longer stateless.
Legal Heavyweights Join the Rebellion
Other heavyweight signatories include Lord Faulks KC, Lord Banner KC, and Baroness Foster of Aghadrumsee, the former First Minister of Northern Ireland. Labour peers who signed include Lord Mendelsohn, Lord Shamash, and Lord Winston.
Lord Harrington, the former refugee minister, and Lord Walney, once the government’s adviser on political violence, also added their names.
Jewish groups and the families of British hostages held by Hamas have also reacted with fury to Starmer’s plans, accusing the Prime Minister of turning innocent victims into “bargaining chips”.
Chief Rabbi Sir Ephraim Mirvis issued a rare and scathing rebuke, warning that the announcement could “only disincentivise Hamas from agreeing to a ceasefire”.
“This fundamentally undermines the peace and security of both Israelis and Palestinians,” he said.
Writing in The Times, Conservative Leader Kemi Badenoch slammed Starmer for choosing to “reward the terrorists,” warning his “knee-jerk recognition of Palestinian statehood will embolden our enemies abroad and at home”.
On Thursday, Canadian Prime Minister Mark Carney, said Canada would also recognise Palestine if the Palestinian Authority committed to democratic reforms, including elections.
The move sparked condemnation from Israel and prompted a warning from former US President Donald Trump, who posted:
“Wow! Canada has just announced that it is backing statehood for Palestine. That will make it very hard for us to make a Trade Deal with them.”
Palestine Action Wins Legal Victory Over Terror Label
Meanwhile, in a bombshell ruling, the High Court has given Palestine Action the green light to challenge the government’s decision to proscribe the group as a terrorist organisation.
The militant group, which admitted to causing millions in damage to RAF Voyager aircraft at Brize Norton, was banned under anti-terror legislation. But Mr Justice Chamberlain said it was “reasonably arguable” the move breached activists’ rights to freedom of expression and assembly. A full hearing will now go ahead.
Critics say the ruling opens the door to further legal wrangling, and may throw more fuel onto the political firestorm already surrounding Starmer’s statehood gamble.
Worth reading story in full in The Times here.
