Laggui, Richelle Grace R.

JD-2

1. Discuss the status of the West Bank and the Gaza strip and the requirement of territory
insofar as Palestine is concerned.
When the war broke out in 1967, Israel seized the remainder of Palestine where in the West
Bank and Gaza were brought under its domination. Accordingly, it established a military
administration throughout the area, which Israel incorporated into itself, extending Israeli
citizenship, law, and civil administration to the area. 
Throughout the years, the issue of Israeli rule over the West Bank Palestinians remained
unresolved. Numerous reconciliation has been made including the 2017 agreement that the
Palestinian Authority was able to take control of public institutions in the Gaza Strip, though
full control was never achieved and the Palestinian Authority withdrew. Hence, there’s still
uncertainty to Israeli-Palestinian relations up to this day.
With regards to the requirement of territory, the Montevideo Convention (Montevideo
Criteria) sets forth the best-known formula for statehood, and to satisfy such, a state must
possess a permanent population, a defined territory, a government, and the capacity to
enter into relations with other States. It was embedded that there is no rule prescribing how
much territory must actually be controlled. For that reason, Palestine satisfies the
requirement since it has a defined territory comprised of the West Bank, Gaza Strip, and
East Jerusalem.
2. Are there circumstances that warrant a more lax or a looser application of the
requirements of the Montevideo Convention in respect to statehood?
Yes, Collective recognition warrant a more lax or application of the requirements of the
Montevideo Convention. Accordingly, it could assist an entity that is otherwise missing some
of the Montevideo Criteria, and alternatively, collective non-recognition could inhibit
recognition based on the Criteria.
3. Has there been international recognition of the Statehood of Palestine?
Yes, Palestine is already a state because it is acting as such in the national and
international sphere. UNESCO admitted Palestine as a Member State. Pursuant to
UNESCO's Constitution, 107 of the 121 present voting Member States voted in favor of
Palestine being admitted as a Member State. Thus, Palestine, as a Member State, has
authority equal to that of "Confirmed States" in the organization, such as the United States,
whose statehood is undisputed. In addition, the United Nations General Assembly
Recognizes Palestine as a Non-Member State.
4. Is access to the International Court of Justice for the litigation of its claim to statehood an
avenue open to Palestine? What options does it have in this regard?
Yes, Palestine has three avenues to get a case before the ICJ.
1. Palestine could join the ICJ Statute without becoming a UN Member State.
 2 . Palestine could bring a proceeding before the ICJ pursuant to Article 35(2) of the ICJ
Statute.

3. A treaty may have a provision that gives the ICJ jurisdiction to settle disputes between
State Parties to the treaty. Regardless of the option it chooses, Palestine must also establish
the requisite mutual consent for ICJ jurisdiction for any contentious case.