Recognition & Diplomatic Protection

Under lex lata, Palestine lacks legal capacity for diplomatic espousal with respect to stateless Palestinians. But political will, moral imperative and a lack of satisfactory alternatives could work in Palestine’s favor and herald a progressive development in the law of diplomatic protection.  

Two Concepts of Non-Recognition

International humanitarian law is not equipped to define the legal consequences of systematic ultra vires acts of an occupying power. A more satisfactory conception of non-recognition t demands either an evolution in the law of occupation or an untethering from it.