German Court confirms that there is no Palestinian State and no Palestinian nationality
Published: 20 April 2021 Authors: Stefan Talmon and Anna Dickmann-Peña
In 1947, the United Nations envisaged the creation of two States in the former British Mandate for Palestine: an independent Arab State and an independent Jewish State. While the State of Israel was established on 14 May 1948 and became a member of the United Nations on 11 May 1949, there is still no independent Arab State. On the contrary, the territories that were to form part of the Arab State – the Gaza Strip and the West Bank, including East Jerusalem – have been under Israeli occupation since 1967. At a meeting of the Palestine National Council (PNC) in Algiers on 15 November 1988, the PNC declared “in the name of God and in the name of the Palestinian Arab people the birth of the State of Palestine on our Palestinian soil with Holy Jerusalem as its capital.” The declaration, however, did not change the situation on the ground. Nevertheless, the “State of Palestine” has been recognized over the years by 139 States, but not by Germany. In 2012, “Palestine” was accorded non-member observer State status in the United Nations. Subsequently, the “State of Palestine” acceded to numerous multilateral treaties, including the Rome Statute of the International Criminal Court.