Last weekend there were recordings of Hamas and muslim Jihad showing starving hostages in the Gaza Strip. muslim militants and their sympathizers kidnapped hostages during a bloody attack on Israel on October 7, 2023. The attack was organised by Hamas recognized as a terrorist organization by the US, the EU, Germany and another countries.
Now reports have come that Benjamin Netanyahu may want to take control of the full Gaza Strip. The controversial Israeli Prime Minister claims to be doing everything in his power to free the remaining hostages. At the same time, the famine and death of the Palestinian civilian population continues in Gaza.
German Chancellor Friedrich Merz did not cover the stir of hostage photos "Hamas tortures hostages, terrorizes Israel and uses his own population in the Gaza Strip as a surviving shield," said Merz to the paper "Bild".
French president Emmanuel Macron in turn wrote on X about Hamas' "boundless inhuman cruelty". He pointed out that the immediate release of all hostages inactive held in the Gaza Strip is "an absolute priority" for his government as well.
Merz besides emphasized in an interview with "Bild" that Hamas "cannot play a function in the future of Gaza". Macron made a akin point.
Recognition of Palestine: a disputed issue
However, France and Germany present diverging positions on the designation of the Palestinian State. Macron late announced his intention to recognise Palestine as a state. This would be the case during the September debate at the UN General Assembly. Israel immediately condemned this promise. Prime Minister Netanyahu criticised the French President's announcement as promoting terrorism.
Many people see it differently. Britain and Canada, the 3 influential G7 states, want to join France. any another EU countries are besides considering this. The German Government is not planning specified a step for the time being and considers that designation of the Palestinian State makes sense only through negotiations.
Is Palestine a state? Conditions
In order for a political existence to be considered a state, 3 basic criteria must be met," explains global law expert Dr. Aaron Dumont of the Institute of Peace Law and the global University of Bochum.
These include, firstly, clearly defined territory, secondly, a nation and, thirdly, a government with state power. "Two of these 3 basic criteria are surely met. The problem is with state power. It can be argued that in the case of the Palestinian State it is not yet there. So no country exists yet".
However, among global law experts there are besides disputes about the definition of state designation and, consequently, the existence of a Palestinian state. An expert on the mediate East Muriel Asseburg from the German Institute of global Affairs and safety (SWP) explains in an interview with the DW that any designation of Palestine by another countries would initially have small impact on the regular life of the people of the region. Even now, any states have direct diplomatic relations with Palestine, represented by the Palestinian Authority.
The Palestinian Authority manages only West Bank and East Jerusalem. president Mahmud Abbas stated in 2013 that he would no longer talk of the Palestinian Authority, but of the Palestinian State. However, the 89-year-old is controversial even among his own people. The last elections in Autonomy were held almost 2 decades ago. The government of his organization Fatah recognizes the State of Israel.
In Gaza, Hamas is ruled by fear and terror. He doesn't consider Israel a state. For the majority of countries that already recognise Palestine as a state, Hamas is completely unacceptable as a partner in negotiations.
An additional difficulty in recognising Palestine is that the borders between Israel and Palestinian territories are not fixed, as are the position of East Jerusalem. Through the business of Palestinian territories, Israel de facto controls large areas that are actually under the administration of the Palestinian Authority. The global Court of Justice has late declared the business of the Palestinian territories of the West Bank, East Jerusalem and the Gaza Strip illegal.
In an interview with the DW, Dr. Muriel Asseburg concludes: "Recognising the Palestinian State would be a signal: we do not request an abstract two-state solution, but we want to contribute to ensuring the Palestinian State exists alongside Israel. This would besides require action to end the Israeli occupation."
Palestine already recognises 149 of the 193 UN associate States as a state. However, Dr. Dumont warns against drawing conclusions. "It cannot be said that so many countries in the planet must recognise Palestine, and then it will be a country," says the global law expert.
The full membership of Palestine in the United Nations is besides improbable for the time being. "Palestine's full membership of the UN would not win even due to the fact that it would require a UN safety Council resolution. The United States' consent is besides needed. And it is not to be expected," notes Dr. Muriel Asseburg.
The expert recalls that since 2012, Palestine has had observer position in the UN General Assembly, which is considered an introduction to full membership of the UN. "Since Palestine gained observer position in the United Nations, she has been able to become a associate of many another global organisations, including the global Criminal Court," adds Dr. Asseburg.
Germany’s commitments to Israel
The designation of Palestine is inactive postulated, but for themselves German is simply a distant target. The German government refers, among others, to Germany's peculiar obligations towards Israel resulting from the Holocaust, the execution of millions of Jews during the Nazi period. This results in Germany's willingness to act for Israel's security, considered by each successive German government to be the right state.
Friedrich Merz exacerbated, indeed, the speech towards Israel, calling on the Israeli government to permanently suspend arms in the Gaza Strip and increase humanitarian aid for the people there. At the same time, however, the Chancellor tries not to incite the emotions of Israel, a close partner of Germany.
Merz stated that the designation of Palestine could only take place at the very end of the two-state solution between Israel and the Palestinians. At the moment, the Chancellor does not consider Palestine to be a "right step".
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