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What Does International Law Say About Recognizing a Current State of ‘Palestine’?
The United Nations headquarters building is pictured though a window with the UN logo in the foreground in the Manhattan borough of New York, Aug. 15, 2014. Photo: REUTERS/Carlo Allegri
All state recognitions of “Palestine” to date have failed to meet even a single one of the four Montevideo Convention requirements. Those national governments now expressing their support for the sovereignty for “Palestine” are effectively welcoming a lawless aggressor state into the community of nations. Over time, this terror-state could become an existential hazard for Israel, directly and/or in collaboration with other irredentist states. Ipso facto, it could also undermine international law generally.
Leaders of every ideological stripe of the “nonmember observer state” of Palestine have long displayed and continue to display “criminal intent” (mens rea) toward Israel.
Would this lawless behavior be reduced or better controlled in a Palestinian state? What if the new Arab sovereignty were “demilitarized?”
There is a clear answer to this question: A fully sovereign state of “Palestine” could evade any pre-independence security promises made to Israel, including those made in alleged good faith.
Because treaties are binding only on states, any agreement between a non-state Palestinian authority and a sovereign State of Israel would have no foreseeable effectiveness.
This would be the case even if the “government of Palestine” were willing to consider itself bound by its own pre-state assurances. Even in such circumstances, the government of Palestine could retain legal grounds to terminate the agreement. For example, it could withdraw from the pact on account of a supposed “material breach.” In all likelihood, such withdrawal would stem from a supposed violation by Israel that had “undermined the object and/or purpose of the agreement.”
Multiple opportunities for Palestinian manipulation would arise. Palestinian decision-makers could point toward what international law calls a “fundamental change of circumstances” (rebus sic stantibus). If a Palestinian state were to declare itself vulnerable to previously unforeseen dangers, perhaps even to forces of other Arab armies or jihadist insurgencies, it could lawfully end its original commitment to remain demilitarized. A new state of Palestine could also point to “errors of fact” or “duress” as permissible grounds for agreement termination.
On its face, any treaty or treaty-like agreement is void if, at the time of entry into force, it conflicts with a “peremptory” rule of general international law — a “jus cogens” rule accepted and recognized by the international community of states as one from which “no derogation is permitted.” Because the right of sovereign states to maintain military forces essential to self-defense is precisely such a rule, Palestine could credibly argue its right to abrogate any arrangement that had “forced its demilitarization.”
In the 18th century, US president Thomas Jefferson wrote about obligation and international law. While affirming that “Compacts between nation and nation are obligatory upon them by the same moral law which obliges individuals to observe their compacts…,” he simultaneously acknowledged that, “There are circumstances which sometimes excuse the nonperformance of contracts between man and man; so are there also between nation and nation.” Specifically, Jefferson continued, if performance of contractual obligation becomes “self-destructive” to a party, “…the law of self-preservation overrules the law of obligation to others.”
A presumptive Palestinian state could lawfully abrogate any pre-independence commitments to Israel to demilitarize. Recent declarations of recognition by France, the UK, and other major states have no legal bearing on the creation of such a state. On the contrary, these declarations directly undermine the authority of law-based international relations, both generally and with particular reference to Israel.
In the final analysis, Jerusalem needs to assess the existential threat of Palestinian statehood as part of a much larger strategic whole; that is, in tandem with the continuously intersecting perils of conventional and unconventional war. This points to a comprehensive analytic focus on potential synergies between enemy state aggressions and Israel’s nuclear doctrine. Notwithstanding Israel’s recent victories over Iran, Hamas and Hezbollah, Israeli leaders need to calibrate incremental shifts from “deliberate nuclear ambiguity” to “selective nuclear disclosure.” Though recent declarations of national support for Palestinian statehood can be countered on a legal level, even a non-state “Palestine” would remain intolerable.
International law is not a suicide pact. Israel has no legal obligation to carve a new enemy state aggressor from its own still-living body. Despite being expressed in stirring rhythms of high moral authority, the recent recognitions of “Palestine” by major states avoid larger justice issues altogether.
Assigning formal statehood to a violence-based entity that openly seeks the total destruction of an existing state violates both justice and logic. In the case of Israel and the Palestinians, such assignment is wrongheaded on several levels and signals an evident contradiction in terms. Instead of accepting ad hoc policy prescriptions drawn from non-legal sources, the community of states will need to display good faith (a basic expectation of the Vienna Convention on the Law of Treaties) by upholding law-based rules.
Under the British Mandate, in confirmation of decisions made at the San Remo peace conference of April 1920, all of Palestine was reserved for the establishment of a “Jewish national home.” In 1922, though no part of mandatory Palestine had ever been designated for the creation of another Arab state, Britain illegally carved Transjordan out of 78% of its mandatory territory. Transjordan became Jordan in 1949, one year after the declaration of the State of Israel. On May 15, 1948, one day after the State of Israel was declared by David Ben-Gurion in Tel-Aviv, Azzam Pasha, Secretary General of the Arab League, forecast the war being planned by combined Arab forces: “This will be a war of extermination and a momentous massacre.”
The later UN partition resolution (1947) included only 22% of the lands originally pledged to establish a Jewish national home. In the interests of a peaceful start, Jewish national authorities accepted the illegally reduced land mass (essentially half of the residual one-fifth) in exchange for establishing a Jewish state. From the beginning, this immediately beleaguered state, less than half the size of America’s Lake Michigan, had to endure with virtually no strategic depth.
There is one last critical observation. In view of continuing misinformation suggesting Israel’s alleged displacement of a pre-existing Arab state, current issues concerning Palestinian statehood and the disposition of Gaza should be understood in an accurate historical context. At absolutely no time in history has there been a Palestinian state.
Prof. Louis René Beres was educated at Princeton (Ph.D., 1971) and is the author of many books and scholarly articles dealing with international law, nuclear strategy, nuclear war, and terrorism. In Israel, Prof. Beres was Chair of Project Daniel (PM Sharon). His 12th and latest book is Surviving Amid Chaos: Israel’s Nuclear Strategy (Rowman & Littlefield, 2016; 2nd ed., 2018). A version of this article was originally published by The BESA Center.
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‘Have a problem, call the PM,’ says Netanyahu as he gives out his number in campaign video
(JTA) — TEL AVIV – Prime Minister Benjamin Netanyahu on Sunday posted what he described as his personal phone number and invited Israelis to contact him with their questions and problems.
It was an election-season stunt that drew such a flood of responses that the number’s WhatsApp account was blocked within minutes and those calling received a busy signal.
It also drew suspicions that it was a ploy to collect voter data.
In a video posted to social media, Netanyahu is seen with longtime adviser Topaz Luk, who asks the prime minister whether he can publish his phone number. Netanyahu initially reacts with disbelief, saying, “Topaz, have you gone crazy?” before agreeing.
“I want to hear from you. Your suggestions, your questions, your problems. I want to hear, so leave me a message,” Netanyahu said. He added that he could not promise to answer everyone but would respond to as many people as possible.
Hundreds of messages and calls arrived within minutes and the WhatsApp account associated with the number was blocked. Luk later posted on X that the account had been disabled because of the volume of calls and said Netanyahu’s team was working to restore it, directing people to Telegram in the meantime.
Kan political correspondent Michael Shemesh questioned whether the number belonged to Netanyahu at all and suggested on X that the exercise was “probably designed to harvest the phone numbers of potential voters.”
Other users pointed to another clue that the handset seen in the video was unlikely to be Netanyahu’s personal phone. One of the WhatsApp groups visible in Luk’s video was a synagogue updates group whose latest message appeared to back political rival Naftali Bennett, the former prime minister who now heads the Beyachad party.
“Something tells me that Bibi isn’t signed up to the ‘Menachem’s House Main Shul Updates’ group,” one X user wrote, “especially not when the latest message there is ‘yalla, it’s time for Bennett.’”
The Likud spokesperson had not responded to a request for comment on the accusations by the time of publication.
It was not the first time Netanyahu handed out what he presented as his personal number during an election campaign. In August 2022, little more than two months before the vote that returned him to power, the then-opposition leader published another number and invited Israelis to video call him.
“Why should only some people have my phone number? Everyone should have it,” Netanyahu said at the time, joking that the move was a “dramatic, world-changing decision.” He told supporters who sent proof they had joined his Telegram channel that they would have a better chance of receiving a video call from him.
The response was similarly intense. Likud said Netanyahu received 9,420 calls within the first 30 minutes, while follow-up videos showed calls and messages flooding the phone.
Netanyahu’s rivals mocked the stunt. Then-Finance Minister Avigdor Liberman released a parody video saying Netanyahu “has not picked up the phone in 12 years,” while Yair Lapid’s Yesh Atid dismissed it as a “fictional phone operated by Netanyahu’s aides.”
The episode comes as Netanyahu faces a difficult reelection campaign, with roughly 20% of voters remaining undecided, many of whom are disillusioned Likud voters, according to pollsters and researchers cited by Reuters.
A Channel 13 poll released earlier this month put Gadi Eisenkot’s Yashar party at 23 seats, ahead of Likud with 21, and Netanyahu’s current coalition projected to win just 49 of the Knesset’s 120 seats. Eisenkot also led Netanyahu 47% to 34% when respondents were asked who was better suited to serve as prime minister.
The phone-number appeal is the latest in a series of efforts to put Netanyahu directly in front of voters, including a blitz of highly publicized appearances. Last week, the prime minister visited a restaurant in Hadera, a Likud stronghold, where owner Simo Shtivi said his arrival was “like hoisting the World Cup,” as diners lined up for photos and a chance to speak with him.
Netanyahu also made a surprise appearance with his wife Sara at a concert by Israeli pop star Eden Ben Zaken. A few days earlier, he filmed a campaign video at Jerusalem’s Malha Mall meeting shoppers, including children. The Central Elections Committee later ordered the video removed because election law bars the use of children in campaign propaganda.
Likud also rolled out billboards showing New York City Mayor Zohran Mamdani alongside the leaders of Iran, Turkey and Hezbollah under the slogan, “They want Netanyahu to lose. Don’t let them win.”
This article originally appeared on JTA.org.
The post ‘Have a problem, call the PM,’ says Netanyahu as he gives out his number in campaign video appeared first on The Forward.
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Providence voters to put Israel boycott movement to major test at the ballot box
(JTA) — As pro-Palestinian progressives find some success at the 2026 ballot box, the long-gestating Israel divestment campaign is looking to capitalize in Rhode Island.
Voters in Providence, the state capital, will vote on a referendum this November saying the city should refrain from investing in “foreign countries conducting ethnic cleansing, apartheid, illegal military occupation, or genocide.”
The language of the actual ballot petition does not mention Israel, nor any other country, by name. But the signature campaign was led by Providence for Palestine, a local activist coalition, and both its proponents and opponents have framed the measure as a referendum on Israel and the global Boycott, Divestment and Sanctions movement.
With the referendum’s ballot placement secured, Providence has become the largest American municipality ever to place divestment before the voting public.
“We’re in this moment when the general public at large, and particularly Democratic voters, very much understand what’s going on in Gaza and Palestine as genocide, as apartheid, and want their leaders to take action on it,” Zack Kliger, a lead organizer of the ballot initiative and member of the Rhode Island chapter of the anti-Zionist group Jewish Voice for Peace, told the Jewish Telegraphic Agency.
Kliger described the current divestment campaign as having “definitely been led disproportionately by Jewish organizers.”
To determine which countries are “conducting” any of its list of human rights abuses, the referendum would rely on “resolutions” from various bodies, including the United Nations Security Council, International Court of Justice and “any” U.S. court ruling or U.N. body. Some, though not all, of those bodies have reached conclusions that would implicate Israel in the ballot language’s divestment campaign.
Both Israel and the Trump administration have strongly rejected all genocide accusations leveled against the country. “Apartheid” can be considered an independent crime under international law, while “ethnic cleansing” has no formal legal definition.
Divestment from Israel has seen some success on the municipal level since the Oct. 7, 2023 attacks and Israel’s military response in Gaza, which has sunk the country’s popularity across the American electorate. Last year a non-binding divestment resolution in Somerville, Massachusetts, a Boston suburb with less than half of Providence’s population, became the first such initiative to win at the ballot box. Over objections from Jewish groups, the city this summer began exploring the question of how to enact the measure into law.
Critics of divestment measures argue that they force local governments to put undue focus on international issues; could prompt division and backlash against local Jewish communities, and jeopardize public pension programs. The Providence campaign’s decision to avoid mentioning Israel in the ballot language sets it apart from similar initiatives, while also neutralizing claims, made against other resolutions, that such measures unfairly single out Israel.
Yet local Jewish groups say the risk to the community remains.
“All this will do [is] stoke more division in our community, and potentially make Jewish people here feel more unsafe,” Stephanie Hague, chief strategy officer of the Jewish Alliance of Greater Rhode Island, told JTA.
Hague noted that the ballot language, as written, prompts questions about the authority of the international bodies making judgments about what constitutes genocide, ethnic cleansing and other terms in in the initiative. She said that the Alliance would campaign against the ballot measure and, if it passes, explore legal options for putting up roadblocks to it.
A 2024 proposal to the city council urged Providence, whose approximately 15,000 Jews make up around 7% of the population, not to invest in Israel bonds. The measure failed to make it out of committee. Likewise, the board of Brown University, the Ivy League school located in Providence, voted on a divestment resolution as part of the demands of the school’s pro-Palestinian encampment movement in 2024. It failed.
Activists are more confident this time, citing the success in Somerville — where, unlike in Providence, Israel was mentioned by name as the target of the winning ballot measure. Also unlike Somerville, whose measure was non-binding, Providence’s initiative would mandate city action.
Supporters also note that Providence joined a 2006 divestment initiative against Sudan to protest ethnic cleansing in Darfur, a divestment campaign that was spearheaded by American Jewish groups.
“We’re really proud of the legacy of the American Jewish community and standing up on social issues,” Kliger, who grew up in the Conservative movement, attended a Jewish day school in Brooklyn and has family in Israel, told JTA.
Unlike in Pittsburgh, where a similar 2024 initiative was undone before the election following legal challenges to the signatures, the Providence activists were able to collect and verify more than enough signatures to qualify for the ballot. The initiative’s supporters said they had identified around $2.5 million in city funds that would be affected by a divestment order. They cited American companies frequently targeted by pro-Palestinian activists, such as construction equipment manufacturer Caterpillar and weapons firm Axon Enterprise.
The city council of Portland, Maine, also passed a divestment proposal in 2024, though that city’s mayor, after initially endorsing the plan, later said he regretted having done so because of the divisiveness it spurred.
Some progressive Jewish professionals in Providence say the initiative is in keeping with their values.
“I know there are others out there who think that this is a situation where one would need to choose between their Jewish principles and other principles. I don’t perceive it that way,” Lex Rofeberg, senior Jewish educator with the alternative Jewish engagement network Judaism Unbound, told JTA about his support for the ballot campaign.
Rofeberg, a Providence resident, said it would be wrong for non-Jews to conclude that “it is a Jewish value to support human rights violations.”
“For those who see a ballot initiative that does not name Israel at all, but simply says we should not invest our dollars in atrocities — for people who see that as somehow threatening to Judaism, why would they think that?” he asked.
Hague, the Jewish Alliance staffer opposing the initiative, sees just such a threat to Jewish interests. She acknowledged that it can be hard to communicate to non-Jews, who would understandably oppose genocide and apartheid, the ways in which her group sees the BDS movement as “a calling card for antisemitism.”
She outlined what she saw as her group’s mission: “We have to do so much education in a short period of time, and helping people understand the Jewish community’s relationship to Israel, and then understanding this initiative’s relationship to the BDS movement and how those things are connected, and the real fear and isolation many Jewish Americans are already feeling, particularly after Oct. 7.”
The political environment, though, may be unfriendly to such efforts. Following broader national trends, the city’s Democratic mayoral primary, set for Sept. 9, is also pivoting to a large degree around Israel.
Incumbent Mayor Brett Smiley, who converted to Judaism and held a bar mitzvah while in office, is a vocal Israel supporter who opposes the ballot initiative. His progressive challenger, state Rep. David Morales, has backed the ballot initiative.
So too have some local elected officials with Jewish heritage. “For any community that we are identified with, and for the sake of our soul and our humanity, we have to be able to say, ‘This is not OK,’” Rachel Miller, city council president, told JTA.
Miller, who has a Jewish father and Catholic mother, said she considers herself “culturally” Jewish and objected to the idea that there is a single Jewish voice on the issue. She believes, she said, in “disconnecting the actions of a state against a group of people from my personal Jewish heritage, from my personal Jewish identity.”
Even if passed, it’s possible the ballot initiative could run afoul of a statewide ban on working with government contractors who openly boycott Israel — a so-called “anti-BDS law,” one of many such measures enacted in a range of states.
Those laws themselves have been debated for years. This fall a ballot initiative in Oak Park, Illinois, a liberal Chicago suburb, will ask voters to register a formal objection to that state’s anti-boycott law. The initiative, which is opposed by local Jewish groups, survived a legal challenge on Monday.
Hague acknowledged current Jewish divisions on Israel, and the difficult political climate for pro-Israel Jewish groups. Facing down a ballot initiative like this, she said, takes work.
“I think we know public opinion is not supportive of Israel right now. I think it’s not an issue that people understand implicitly when they just read a ballot question,” she said. “So yes, of course, there’s reason for concern, and I think no matter what happens at the ballot, I still think it’s an important moment.”
This article originally appeared on JTA.org.
The post Providence voters to put Israel boycott movement to major test at the ballot box appeared first on The Forward.
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Dutch broadcaster pulls out of Eurovision over Israel’s participation
(JTA) — The Dutch public broadcaster Avrotros has pulled out of the next Eurovision Song Contest, saying that Israel’s participation undermined the event’s neutrality.
Avrotros announced on Monday that it was withdrawing from the world’s largest music event next year because it “can no longer be considered neutral, with a participating country still involved in a large-scale military conflict.”
Eurovision included 35 countries in 2026, all of them in Europe except for Israel and Australia. Avrotros said the contest’s independence was compromised by divisions surrounding “the severe humanitarian suffering in Gaza and the ongoing restrictions on press freedom.”
Avrotros’ withdrawal does not necessarily mean that the Netherlands won’t be part of the 2027 competition in Burgas, Bulgaria. Public-service broadcasters serve as the technical sponsors of competing artists, and Avrotros said it returned responsibility for Dutch participation in Eurovision to the Nederlandse Publieke Omroep, or NPO, the coordinating body for public broadcasters in the Netherlands. NPO could hand it off to a different broadcaster.
The Netherlands was absent from Eurovision in 2026, when Avrotros pulled out for the first time over Israel’s participation and NPO ruled out identifying another broadcaster.
Eurovision has become a focal point in European backlash against Israel’s actions in Gaza. The Netherlands was joined last year by boycotts from Spain, Ireland, Iceland and Slovenia, a bloc representing Israel’s strongest critics in Europe. The competition was viewed by 131 million people, down 35 million from the previous year.
The 2026 event in Vienna also saw thousands of protesters, while over 1,000 artists signed an open letter calling for a boycott of Eurovision. Boycotters have accused the European Broadcasting Union, which owns the contest, of a double standard for allowing Israel to remain while banning Russia after its 2022 invasion of Ukraine. Swiss singer Nemo, who won in 2024, returned their trophy last year in protest against Israel’s inclusion.
Earlier this month, Eurovision organizers announced new rules that bar countries involved in armed conflict from hosting the competition. But the changes did not sufficiently prove that Eurovision would remain “independent and neutral,” according to Avrotros.
“It is undeniable that international conflicts are increasingly affecting the Contest, undermining its neutral character,” Avrotros Director-General Taco Zimmerman said in a statement. “The Eurovision Song Contest has therefore become a platform for division.”
Martin Green, the director of the Eurovision Song Contest, said in a statement that organizers “regret” Avrotros’ decision but will continue to coordinate with NPO about opportunities for another broadcaster to take its place.
“We very much hope that audiences and artists in the Netherlands can continue to be represented in the Eurovision Song Contest,” said Green.
This article originally appeared on JTA.org.
The post Dutch broadcaster pulls out of Eurovision over Israel’s participation appeared first on The Forward.

