MAlgré The calls asking him to remain the popularity of the state of Palestine, Emmanuel Macron will resolve for France to the UN on this sense. Knowing that the American vet with the Security Council won’t give this vote, the French president is doing little with a stone of two strokes: he exhibits an anti-Americanism effectively felt to the left of the hemicycle whereas following a sure anti-Israeli inclination of our diplomacy.
Where the rub is that this recognition commits us in a “irrevocable” means in response to article 6 of the Montevideo Convention of 1933 on the rights and duties of the States and that 71 % of the French in response to the polls oppose it earlier than the discharge of the hostages and the give up of Hamas.
What is extra, by concretizing the “New York Declaration on the peaceful regulation of the Palestine question and the implementation of the solution of the two states” of July 29, 2025, the French president ignores worldwide regulation and oversees, in home regulation, the bounds of the talents of a state whose authorities is resigned.
The declaration of July 29 is surprising by placing into equivalence “the attacks perpetrated on October 7 by Hamas against civilians” and “the attacks perpetrated by Israel against civilians and civil infrastructure in the Gaza Strip, as well as the siege and famine imposed on civilian populations”, with out making an allowance for the professional protection and with out proof of a famine. Nothing is claimed about the usage of human shields, large diversions of meals and murders dedicated by Hamas from those that wish to free themselves from his yoke.
Constant harassment suffered by the Jewish state and the Jews
Another disturbing factor: help for the “reconstruction plan for the Arab League and the Organization of the Islamic Conference (OIC)” firmly rejected by the United States. The Arab League offers with Israel as “genocidal” whereas the OCO diffuses anti-Jewish propaganda by accusing its leaders of “Judaize the country”, a shocking expression coming from a coalition of Muslim nations …
From the perspective of worldwide regulation, allow us to recall that the League of Nations (earlier than the UN) gave a mandate to the United Kingdom on Palestine (territories of Gaza, Israel, the West Bank and Jordan), by a Treaty of 1922 with the intention to “ensure the establishment of a national home for the Jewish people” and to facilitate “Jewish immigration …” Jews on nation lands, together with state areas and unused uncultivated land for public companies ”. The chopper kingdom of Jordan was created in 1946 and Israel in 1948. Palestinian leaders who refused the UN sharing plan, the Egyptian, Syrian, Iraqi, Jordanian and Lebanese armies then declared battle in Israel! We know the continuation and the harassment consistently suffered by the Jewish state and the Jews world wide. The reality stays that the goals of the 1922 treaty usually are not deleted.
As for the 1993 Oslo agreements, the fruit of negotiations below the aegis of the Americans between Israel and the Palestinians “opening a period of transition of five years” to “put an end to decades of confrontation and conflict” and permit the Palestinians to “govern themselves according to democratic principles, general, free and direct political elections”, they exclude the unilateral recognition of the Palestine “Permanent status” have to be settled by negotiation (article v.4). Likewise, the “roadmap” of the quartet (UN, United States, Russia and EU), permitted in 2003 by the Security Council, consecrates the precept of an Israeli-Palestinian peace settlement. Finally, within the identify of what of third states as France can be professional to hold out a passage of powers between Hamas and a Palestinian “authority” whose chief, Mahmoud Abbas, was not in a position to undergo elections since 2005 and whose mandate led to 2009?
An “act of government” escaping jurisdictional management
From the perspective of French regulation, the unilateral recognition of Palestine doesn’t fall inside the framework of “current affairs”, solely to have the ability to be “shipped” by a resigning authorities. As a word of July 2, 2024 underlines the General Secretariat of the Government based mostly on the case regulation of the Council of State, this notion “refers to republican use according to which a resigning government remains in place, as long as it is not replaced by a new government, to ensure, in the name of continuity, the minimum functioning of the State” and it’s certainly “the appointment of a new government, and not only a new prime minister current affairs shipping ”.
Current affairs are of two kinds: those which “mechanically dictated by the traditional state of the state […] don’t require any evaluation of a political nature, nor ask delicate authorized questions “, and those” pressing […] whose instant adoption is dictated by an crucial necessity ”.
The word completely doesn’t cite worldwide relations, naturally referring to the reserve noticed by the leaders of resigning governments throughout the fourth Republic. Even if the solo choice of the President of the Republic is an “act of government” escaping in precept with jurisdictional management, even exterior the political alternative, the second may due to this fact not be extra badly chosen!
To uncover
The kangaroo of the day
Answer
In complete, the unilateral recognition of a state of Palestine, heavy with penalties, shouldn’t be value in alternative, or in regulation, whether or not worldwide or inner!
*Noëlle Lenoir is a lawyer on the Court, honorary member of the Constitutional Council.
https://www.lepoint.fr/monde/la-reconnaissance-unilaterale-de-la-palestine-ne-vaut-ni-en-droit-international-ni-en-droit-interne-22-09-2025-2599166_24.php