Can France Declare a Palestinian State into Existence?
President Macron’s recognition of a Palestinian State could derail hostage-for-ceasefire talks and could cause Palestinians to lose their refugee status, possibly ending UNRWA funding
A country’s declaration of statehood recognition does not, in itself, make that entity a state under international law, legal experts say.
The statement comes in response to French President Emmanuel Macron’s recent announcement that France will recognize a Palestinian state at the United Nations General Assembly in September.
“You can have 100 countries saying the earth is flat and that won’t make it true,” said Arsen Ostrovsky, a leading Israeli human rights lawyer and CEO of the International Legal Forum.
Ostrovsky told The Media Line that the Palestinian Authority fails to meet the basic legal criteria for statehood, lacking defined borders, the ability to conduct proper diplomatic relations, and a genuine interest in peace, among other requirements.
You can recognize Palestine as a state, but that does not make it a state
“You can recognize Palestine as a state, but that does not make it a state,” he added.
On Thursday, Macron announced on X that France would formally recognize a Palestinian state, making France, home to Europe’s largest Jewish and Muslim communities, the most powerful European nation to advance such a move. It is also the only permanent member of the UN Security Council to do so.
“Consistent with its historic commitment to a just and lasting peace in the Middle East, I have decided that France will recognize the State of Palestine,” Macron wrote. “I will make this solemn announcement before the United Nations General Assembly this coming September.”
He added that “we must build the State of Palestine, guarantee its viability, and ensure that by accepting its demilitarization and fully recognizing Israel, it contributes to the security of all in the region. There is no alternative.”
The announcement followed earlier signals from the French government, which had initially planned to discuss the move at a conference it intended to host in Saudi Arabia in June. However, the event was postponed due to the outbreak of the Israel-Iran war. It has now been rescheduled for this coming week, with a second gathering set to take place on the sidelines of the UN General Assembly.
According to a report by the Jerusalem Center for Security and Foreign Affairs (JCSA), more than 140 countries either recognize or plan to recognize Palestinian statehood. Four European states—Norway, Spain, Ireland, and Slovenia—announced their recognition following the outbreak of the war with Hamas, along with several smaller non-European nations. Saudi Arabia’s Foreign Ministry welcomed Macron’s announcement and urged other countries to follow suit.
But Ostrovsky said the move is “no more than a performative gesture and stunt” that will not bring the Palestinians closer to statehood, ease the suffering in Gaza, or advance regional peace.
Still, Ostrovsky acknowledged that other countries may follow France’s lead, including the United Kingdom, Canada, and Australia. In particular, UK Labour Party leader Keir Starmer has faced mounting pressure to endorse recognition.
But Macron’s announcement raises more questions than it answers.
We have to ask what the borders of the state are? Does the state still include Hamas in power? Is it a state with a president? Will the state be allowed to engage in diplomatic relations? Is it a state that seeks peace?
“We have to ask what the borders of the state are?” Ostrovsky said. “Does the state still include Hamas in power? Is it a state with a president? Will the state be allowed to engage in diplomatic relations? Is it a state that seeks peace?”
In May, Ambassador Alan Baker and Lt. Col. (res.) Maurice Hirsch published a legal analysis through the Jerusalem Center for Security and Foreign Affairs on what constitutes statehood under international law. In that report, they said the 1933 Montevideo Convention outlines four key requirements for recognition: a permanent population, defined borders, a functioning government, and the capacity to engage in foreign relations.
“The Palestinian leadership does not meet these standards,” Baker and Hirsch wrote.
They also emphasized that the agreements signed between Israel and the Palestine Liberation Organization in the 1990s left the question of statehood and borders to be resolved through future negotiations. They argued that granting statehood recognition outside of that framework would violate the terms of those accords.
Their report further noted that most of the 147 UN member states that have recognized “Palestine” did so between 1988 and 1995, mainly in response to the Palestinian Declaration of Independence issued by Yasser Arafat in 1988. Between establishing the Palestinian Authority in 1996 and 2010, 11 additional countries recognized the self-declared state, which still lacks defined territory and a unified government.
According to the UN Charter, full UN membership requires a recommendation by the UN Security Council backed by at least nine members, including all five permanent ones, and subsequent approval by a two-thirds majority of the General Assembly, Hirsch and Baker explained. That process begins with a formal application submitted to the UN secretary-general, then reviewed by the Committee on the Admission of New Members, which must provide a recommendation before the vote can proceed.
A state is expected to declare, along with the application, that it is “peace-loving” and committed to the principles of the UN Charter.
“The body purporting to represent the non-existent ‘State of Palestine’ does not have a governing apparatus that exerts effective control over most of the territory it claims and does not meet the internationally recognized criteria for statehood,” Baker and Hirsch noted.
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Ostrovsky warned that France’s announcement will likely derail any remaining chances of a hostage-for-ceasefire deal.
US envoy Steve Witkoff and the Israeli negotiating team left Doha last week after Hamas hardened its position and escalated its demands. Ostrovsky said that moves like France’s recognition, and the recent joint statement by more than two dozen countries condemning Israel and calling for an immediate end to the war, only reinforce Hamas’ intransigence.
These kinds of gestures remove any incentive for Hamas to compromise or take meaningful steps toward a ceasefire or the release of hostages.
“These kinds of gestures remove any incentive for Hamas to compromise or take meaningful steps toward a ceasefire or the release of hostages,” he said.
The United States reacted with outrage to Macron’s announcement. US Secretary of State Marco Rubio called the decision “a slap in the face to the victims of October 7th” in a post on X, adding that it “only serves Hamas propaganda.”
US Ambassador to Israel Mike Huckabee went further, ridiculing the move online.
“Macron’s unilateral ‘declaration’ of a ‘Palestinian’ state didn’t say WHERE it would be,” Huckabee wrote. “I can now exclusively disclose that France will offer the French Riviera & the new nation will be called ‘Franc-en-Stine.'”
In a previous post, he added, “How clever! If Macron can just ‘declare’ the existence of a state, perhaps the UK can ‘declare’ France a British colony!”
The Trump administration had already made its stance clear in June, stating that it opposed any unilateral recognition of Palestinian statehood outside the framework of negotiations.
Meanwhile, France’s Jewish leadership also condemned Macron’s announcement. The Conseil Représentatif des Institutions Juives de France (CRIF), the umbrella organization of French Jewry, called the move “a moral failing, a diplomatic mistake, and a political danger.”
“Three months ago, President Macron stated he was considering recognizing a Palestinian state, subject to several conditions, in particular, the release of the hostages still held in Gaza and the surrender of Hamas. Today, none of those conditions have been met,” CRIF wrote.
The organization also cited a June 2024 poll by Institut Français d’Opinion Publique (IFOP) showed that 78% of the French public opposes recognizing a Palestinian state without preconditions.
Regardless of President Macron’s intentions, such recognition will be brandished by Hamas as a symbolic victory and a reward for the terrorism of October 7
“Regardless of President Macron’s intentions, such recognition will be brandished by Hamas as a symbolic victory and a reward for the terrorism of October 7, which claimed more than 1,200 lives, including 50 French citizens,” CRIF added.
Ostrovsky warned that France’s decision could damage diplomatic ties with Israel, potentially impacting high-level visits, trade relations, and security cooperation. However, he noted that the full scope of repercussions remains to be seen.
Lt. Col. (res.) Maurice Hirsch, who also spoke to The Media Line, said Israel should respond immediately by closing the French consulate in Jerusalem, which primarily serves Palestinians.
Ostrovsky suggested additional retaliatory measures Israel could consider, such as halting the transfer of tax revenues collected on behalf of the Palestinian Authority or suspending security coordination. He also argued that the government should demand an end to international funding for United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), pointing out that if Palestinians are now recognized as having a state, they would no longer qualify as refugees.
Macron’s announcement came a day after the Israeli Knesset overwhelmingly passed a nonbinding resolution supporting the application of Israeli sovereignty over the West Bank and the Jordan Valley.
Seventy-one Knesset members, including representatives from coalition parties and several opposition lawmakers, voted in favor of the resolution, while only 13 opposed it.
Some Knesset members are already urging the government to immediately turn the declaration into concrete action.
Still, Hirsch said he believes the government is unlikely to take meaningful steps in that direction.
“The reason that this is even happening is because the Israeli government refuses to make a statement that Judea and Samaria are ours and that there will never be a terror state west of the Jordan River,” he said.
He added that while the Knesset has previously declared there would never be a Palestinian state, such declarations have not translated into changes on the ground.
We can complain about Macron, but we have to look at ourselves
“We can complain about Macron, but we have to look at ourselves,” Hirsch said.
Prime Minister Benjamin Netanyahu also criticized the French move, saying it “rewards terror” and could create another “launch pad to annihilate Israel, not to live in peace beside it.”
The Palestinians do not seek a state alongside Israel; they seek a state instead of Israel
“The Palestinians do not seek a state alongside Israel; they seek a state instead of Israel,” he said.
Foreign Minister Gideon Sa’ar questioned whether the French declaration would bring the sides closer to peace, stating the opposite is true.
“Such a gift, which Hamas was quick to welcome … is only expected to lead to a hardening of its positions in the negotiations,” Sa’ar wrote on X. “The implications are: prolonging the war, continuing the abuse of the hostages, and also prolonging the suffering of the Palestinian population in Gaza.”
In a statement, Hamas praised the decision, calling it a reflection of “the growing international conviction of the justice of the Palestinian cause and the failure of the occupation to distort the facts.” The terror group added, “We call on all countries of the world, especially European nations and those that have not yet recognized the State of Palestine, to follow France’s lead.”
For Ostrovsky, Hamas’s gratitude should be all the proof needed.
When Hamas says thank you, that should be a clear indication that France is on the wrong side of history
“When Hamas says thank you, that should be a clear indication that France is on the wrong side of history,” he said.
He added, “No doubt this is the biggest diplomatic victory Hamas has had since October 7,” and took aim at French Digital Minister Jean-Noël Barrot, who posted on X: “Hamas has always rejected the two-state solution. By recognizing Palestine, France proves this terrorist movement wrong. It supports the side of peace against that of war.”
“Yahya Sinwar is probably smiling in hell right now, saying merci, President Macron,” Ostrovsky concluded.
