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Montevideo convention What is it and why are senior lawyers warning the government about it?

The Guardian

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August 01, 2025

A group of senior lawyers has written to Richard Hermer, the government's most senior legal adviser, claiming Keir Starmer's pledge to recognise Palestine risks breaking international law.

- Haroon Siddique

Here the Guardian explains the Montevideo convention, which they cited, and examines whether it does represent an obstacle to recognition.

It is a treaty signed in the Uruguayan capital in 1933 by 19 states, all from the Americas, including the US, that set four criteria for recognition of a state. They were: a defined territory, a permanent population, a government and the capacity to enter into international relations.

The fact that the UK did not sign the treaty does not mean it would not apply to Britain, as it can be recognised as part of customary international law.

According to the Times, which has seen the letter, it says there is no certainty over the borders of a proposed Palestinian state and the government would face difficulty continuing to recognise millions of Palestinians in the West Bank and Gaza as "refugees", given recognition would mean they were in their own territory.

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