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Australia’s Path to Recognizing Palestine: Navigating International Law and domestic Politics
The question of Australia recognizing a Palestinian state is complex, hinging on established principles of statehood and the unique geopolitical realities of the region. International law generally requires a defined territory, a permanent population, a government wiht effective control, and the capacity to enter into international relations.
While the Palestinian Authority (PA) currently faces limitations in asserting control over gaza,a territory under Israeli occupation,this extraordinary circumstance is a significant factor in any assessment. The PA’s engagement with international bodies, including the United Nations General Assembly and the International Criminal Court, alongside recognition and diplomatic interaction from numerous other states, demonstrates its capacity to conduct international relations. Palestine’s absence from formal UN membership does not preclude its recognition as a state; switzerland, as an example, joined the UN in 2002 after a prolonged period of maintaining neutrality.
Any decision by the Australian government, led by Prime Minister Anthony Albanese, to formally recognize Palestine would necessitate cabinet approval. This move is anticipated to ignite considerable domestic political debate, a contrast to previous Australian recognitions of new states like Timor-Leste and South Sudan.
Prime Minister Albanese has stipulated that recognition of Palestine is contingent on Hamas relinquishing any ongoing role.Though, the immediate removal of hamas from gaza and its influence in Palestinian politics appears improbable in the short term.Australia could implement a specific condition for recognition, stating it would not politically recognize a Palestinian government led by Hamas. This would represent a departure from standard Australian policy on recognizing new states, acknowledging the exceptional nature of the Palestinian situation and Australia’s stance against any Hamas-led Palestinian administration.
while Prime Minister Albanese asserts that Australian foreign policy is determined domestically, the potential for future US administrations, such as one led by Donald Trump, to impose unilateral tariffs on Australian exports could influence Australia’s approach to both sanctioning Israel over Gaza and eventually recognizing Palestine.
Donald Rothwell is a professor of international law at the Australian National University.
