A group of prominent legal experts in the UK has raised serious concerns about Prime Minister Sir Keir Starmer’s proposal to formally recognise a Palestinian state, warning that it could breach international law.
In a letter sent to Attorney General Lord Hermer, 38 members of the House of Lords—many of them leading legal minds—argue that the move risks violating the principles of state recognition under international law. The letter cites the 1933 Montevideo Convention, which outlines the criteria for statehood: a defined territory, a permanent population, an effective government, and the ability to engage with other nations.
The peers say Palestine fails to meet these requirements. The territory’s borders remain disputed, and governance is fractured between rival factions Hamas and Fatah. “There is no single government,” the letter notes, “and Hamas and Fatah are in conflict.”
Despite this, Starmer announced earlier this week that the UK could recognise Palestine as a state as soon as September, possibly aligning with the UN General Assembly. The government has outlined conditions under which it may hold off, including Israeli action to increase humanitarian aid to Gaza, halt land annexation in the West Bank, agree to a ceasefire, and commit to long-term peace negotiations.
Starmer also insisted that Hamas must release all Israeli hostages, agree to disarm, accept a ceasefire, and withdraw from any role in Gaza’s future governance.
However, the proposal has provoked sharp criticism. Emily Damari, a British-Israeli woman who spent 471 days as a Hamas hostage, accused Starmer of encouraging terrorism and called his plan a “moral failure.” Noam Sagi, whose mother was also kidnapped by Hamas, expressed disappointment, saying, “The release of hostages should be the starting point of any political move.”
Israeli Prime Minister Benjamin Netanyahu slammed the UK’s potential recognition, arguing it rewards Hamas for its violent actions. Nigel Farage, leader of Reform UK, echoed the sentiment, telling LBC that recognising Palestine while Hamas remains active would be “wrong” and a distortion of the lessons from October 7.
The peers’ letter, first reported by The Times, urges Lord Hermer to uphold the government’s stated commitment to international law. “Selective, ‘pick and mix’ adherence to international law undermines its legitimacy,” they wrote, referencing Hermer’s own past remarks.
Signatories include high-profile legal figures such as Lord Pannick, who represented the government in court over its Rwanda deportation scheme, and KCs Lord Verdirame and Lord Faulks. Notable Jewish parliamentarians, including Baroness Deech and Lord Winston, also lent their support, along with former Conservative ministers Lord Pickles, Lord Lansley, and Sir Michael Ellis KC—the only non-peer to sign.
Sir Michael Ellis criticised the Prime Minister on Times Radio, calling the move “irresponsible” given Hamas’s influence. He accused Starmer of hypocrisy for promoting statehood recognition while ignoring legal concerns over issues like the Chagos Islands.
In response, Business Minister Gareth Thomas defended the government’s stance, claiming the UK’s potential recognition of Palestine would not breach international law. “We haven’t signed the Montevideo Convention,” he pointed out, adding that Gaza and the West Bank meet population and territorial standards. He also highlighted international precedent, noting that over 140 countries have already recognised Palestine, and that Canada has now signalled its intention to do the same.
Thomas added that reforms to the Palestinian Authority are essential, and reiterated the UK’s position that Hamas must not be part of any future Palestinian government.
