GPIL - German Practice in International Law

Nonexistence of a “State of Palestine”

Published: 02 June 2017 Author: Stefan Talmon

In line with established case-law, the Administrative Court at Frankfurt/Oder ruled in an order issued on 30 May 2017 that there is no “State of Palestine” and, consequently, no Palestinian nationality. Palestinians who have not acquired any other nationality are to be considered as stateless persons. The court held:

“Ethnic Palestinians who have not acquired any other nationality qualify as stateless persons within the meaning of the Convention relating to the Status of Stateless Persons. The reason for this is that there is no State of Palestine which could grant a Palestinian nationality to ethnic Palestinians. Only sovereign States in the sense of international law can grant nationality. Due to their lack of State authority neither the Palestinian autonomous regions nor the Gaza Strip qualify as sovereign States in the sense of international law. This situation has not been changed by the UN General Assembly on 29 August 2012 recognizing Palestine as a State with observer status within the United Nations because this recognition is only relevant within the organization of the United Nations and no UN member State is obliged to recognize a State of Palestine diplomatically.”

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No German support for British sovereignty over Gibraltar

Published: 10 May 2017 Author: Stefan Talmon

During the War of the Spanish Succession in August 1704 Anglo-Dutch forces captured Gibraltar from Spain. In the Treaty of Utrecht of 2/13 July 1713 Spain formally ceded Gibraltar to Great Britain. Article X of the Treaty provided:

“The Catholic King does hereby, for himself, his heirs and successors, yield to the crown of Great Britain the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging; and he gives up the said propriety to be held and enjoyed absolutely with all manner of right for ever, without any exception or impediment whatsoever.”

Gibraltar became a British Overseas Territory. In the 18^th century Spain on several occasions unsuccessfully tried to recapture Gibraltar by force. Since then, all Spanish governments have tried to reclaim the enclave from the United Kingdom. The question of sovereignty over Gibraltar has been an irritant in the relations between the two countries for more than 300 years. (more…)

UNESCO resolution calling into question Israel’s jurisdiction over west Jerusalem

Published: 10 May 2017 Author: Stefan Talmon

In March 2017, when U.S. President Donald Trump was considering relocating the United States Embassy from Tel Aviv to the western part of Jerusalem, Algeria, Egypt, Lebanon, Morocco, Oman, Qatar and Sudan submitted a draft resolution on “Occupied Palestine” to be adopted by the 58-member Executive Board of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its 201^st session in Paris from 19 April to 5 May 2017. The text of the draft resolution provided, inter alia, that:

“any action taken by Israel, the occupying power, to impose its laws, jurisdiction, and administration on the city of Jerusalem, are illegal and therefore null and void and have no validity whatsoever.”

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Diplomatic asylum on German embassy premises in Istanbul

Published: 03 March 2017 Author: Stefan Talmon

On 7 June 1880, Sultan Abdul Hamid II presented Kaiser Wilhelm II with a property on the western shores of the Bosporus in Istanbul’s Tarabya district for use as a summer residence of the German ambassador to the Ottoman Empire. As the title deed requires Germany to use the property for diplomatic purposes, the property today falls under the authority of the German Embassy in Ankara. (more…)

Tibet or the pitfalls of meeting Richard Gere

Published: 11 February 2017 Author: Stefan Talmon

On 3 February 2017, the deputy government spokesperson announced that Chancellor Angela Merkel would meet Hollywood star Richard Gere in his capacity as chair of the International Campaign for Tibet (ICT) in order “to exchange views about the current situation in Tibet.” The ICT is a non-governmental organization with more than 100,000 supporters which advocates a democratic right to self-determination, the safeguarding of human rights, and the protection of culture and environment in Tibet. Asked whether, in light of Chinese sensitivities with regard to the question of Tibet, the meeting had been discussed and agreed on in advance with the Chinese Government, the deputy spokesperson replied:

“The Federal Government, as you know, generally adheres to the one-China policy. This, of course, also applies to Tibet. However, it is also clear that the Federal Government speaks up for the respect of human rights in China. In this context, it also speaks up, of course, for respecting the minority rights of the Tibetans, and supports the Tibetans’ claim to cultural and religious autonomy within China. In the past, the Federal Government has therefore repeatedly called for a constructive dialogue. This exchange of views should be seen against this background.”

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