In order for a new state to come into existence, it must meet the so-called Montevideo criteria: a) a permanent population; b) a defined territory; c) a government; and d) capacity to enter into relations with other states.[2] The latter two criteria are generally understood to incorporate a requirement of independence. The government criterion also entails a requirement of effective control over the territory and its population.
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If Palestine is a state, then it is entitled to all of the rights of states under international law.[20] These rights include immunities of the state and its officials, protection from the use of force by other states, the right of self-defense and collective self-defense in the event of an armed attack against it, plenary jurisdiction over its territory, the prohibition of intervention in matters essentially within its domestic jurisdiction, the possibility of membership in other intergovernmental organizations and specialized agencies, and full treaty-making capacity.
Statehood could also provide access to international courts and other dispute settlement mechanisms. While it cannot be a party to the Statute of the International Court of Justice (“ICJ”) without Security Council approval, it may be able to access the ICJ under Article 35(2) of its Statute and pursuant to Security Council Resolution 9 (1946), which allows states not parties to the ICJ Statute to file a declaration accepting the Court’s jurisdiction.
A collective determination of statehood could also have more immediate legal implications. During the Israel–Gaza armed conflict in late 2008 and early 2009, the Palestinian National Authority lodged a declaration with the Registrar of the International Criminal Court (“ICC”) stating that it recognizes “the jurisdiction of the Court for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine ....” If Palestine is a State, it can enable the ICC to exercise jurisdiction over crimes committed on its territory, even if those crimes have been committed by nationals of states that are not States Parties to the Rome Statute.