Analysis on Statehood of Israel

in the light of International law

Md. Sharear Sarker

3rd Year Student, Department of Law &

Human Rights, University of Asia Pacific,
Dhaka, Bangladesh

Abstract :-
Purpose - The purpose of this paper is to analyses on statehood of Israel .Israel did not got
recognition from many states specially from the Islamic states after that if Israel became a state
how it is I will try to Annalise it on here.

Design/methodology/approach– OSCOLA Quick Reference Guide have been used

in this paper, Using both primary and secondary data, i.e. Books, case Laws, legislations, and
journal articles.

Findings– Everything has two part one in positive and another is negative, Here I try to find
all the possibilities how Israel became a state under public international law and try to give a
logical concoction on Israel is a state or not .

Originality/value– General people who had not spiffed knowledge on how an entity
become a statehood thought it had no recognition. From this paper they could get a batter
knowledge about statehood and it’s also helpful for the law students for developing there
Understating on statehood under public international law.

Key Words- Public international law, Montevideo Convention of 1933 , Jewish population,
capable, statehood

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Introduction
Basically the subject matter of public international law is state, Public international law is comes
for grow up the relations of states 1 by dissolve the conflict between them that’s why in
international law arena understanding of state meaning is too important .A State is a Human
created society that gains permanent control over a certain territory, A state is traditionally
described by international law as being based on the Montevideo Convention of 1933. According
to Article 12 of the Convention, a state must fulfill the following criteria in order to be considered
a state in international law: Permanent population, defined territory, Effective Government,
Capacity to enter into relation with the other states. Hear I try to analyse the Position of Israel
under international law that whether Israel is fulfill the elements of Montevideo convention for
being a state? For this thing here I analyses all the backgrounds of the Israel, is it fulfill the
elements of Montevideo Convention of 1933 for being a state.

National Flag of Israel

When the state of Israel is created

With the help of intra-Arab rivalries, the Zionist militias were able to win the upper hand over
the Palestinians. The United States, the Soviet Union, and several other governments soon
recognised Israel's declaration of independence on May 14, 1948, bringing the Zionist idea of an
officially recognized Jewish state closer to being3.

1
Professor Oppenheim definition of International law, page-13 of J,G starke 4th edition .

2
Montevideo Convention of 1933 [online] Available at : https://www.ilsa.org/Jessup/Jessup15/Montevideo%20Convention.pdf [accessed 14
june,2021 ]

3
Atcile on Israel of britannica.com .[online] Available at : https://www.britannica.com/place/Israel/Establishment-of-Israel [accessed 14
june,2021 ]

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 News Paper headline of Palestine News Paper After the creation of Isreal

However, neither the UN nor world leaders were able to prevent Israel from being invaded by
the armies of five Arab states—Egypt, Iraq, Lebanon, Syria, and Transjordan (now Jordan), and
the state's future seemed to be in jeopardy within days but it stand up successfully.

Geographical location of Iseal after the creation

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Population of Isreal After the creation :
In 1948, at the time of creation Israel had only 806,000 people. After that the nation's gates were
flung open in line with the principle of 'ingathering of the exiles’, There which was the main
center of the degree corresponding to the state of Israel, affirming the freedom of any Jew to
come to the country and, upon arrival, to achieve citizenship. 50,000 newcomers, mostly There
is, which was the main center of the degree corresponding to the Raj of Israel arrived in Israel's
first four months of independence. End of 1951, 687,000 men, women, and children had arrived
in Israel, including over 300,000 Arab refugees, more than double the Jewish population4.

This the picture of a new immigrant woman sitting with her children on their luggage

Government Position After the creation of Israel

After the end of the war, Israel turned its attention to re-establishing the democracy for which the
people had fought so long and so hard. Following national elections on January 25, 1949, in
which nearly 85% of all registered electors cast ballots, the first 120-seat Knesset (parliament)
convened. The first prime minister was David Ben-Gurion, the head of the Jewish Agency, and
the first president was Chaim Weizmann, the head of the World Zionist Organization. Israel was
admitted to the United Nations on May 11, 1949, as the 59th member.5

4
Prof. E. Gutmann Article on Analysis of Israel’s Declaration of Establishment . .[online] Available at :
https://www.jewishvirtuallibrary.org/analysis-of-israel-s-declaration-of-establishment?
fbclid=IwAR3pkyksgu3AEMNuevqmvsuXquAHlZFgsWsX2ToYe2DvSx6R_-Ycrw9w5FE [accessed 14 june,2021 ]

5
2021. Foreign affairs Israel info. .[online] Available at : https://mfa.gov.il/MFA/Pages/default.aspx [accessed 14 june,2021 ]

Page | 4
 This is the picture of David Ben-Gurion,The first prime minister of the isreal

Capacity to enter into relation with the other states

When we focused on the Capacity of the state to enter into relation of the state of Israel we see
that after the creation it get recognition from many state but relation with neighbor countries is
not so well and war with the neighbor countries .For many conflicting reason Israel get
Obstacles from many places. Like, Israeli and Israel-bound shipping was denied passage through
the Suez Canal in violation of a UN Security Council resolution passed on September 1, 1951.

The visit of Egyptian President Anwar Sadat to Jerusalem in November 1977, accompanied by
talks between Egypt and Israel under American auspices, broke the cycle of Arab denial of
Israel's peace appeals. Israel and Egypt concluded a peace treaty in Washington, DC on March
26, 1979, ending a 30-year conflict between them6.

This is the picture of Egyptian President Sadat, US President Carter and Israeli Prime Minister Begin in
1979
6
2021. Foreign affairs Israel info. .[online] Available at : https://mfa.gov.il/MFA/Pages/default.aspx [accessed 14 june,2021 ]

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Following the 1991 Madrid Peace Conference, three years of negotiations between Jordan and
Israel resulted in a resolution signed by King Hussein of the Hashemite Kingdom of Jordan and
Prime Minister Yitzhak Rabin in July 1994, officially ending the 46-year conflict between the
two nations. On October 26, 1994, in the presence of American President Bill Clinton, the
Jordan-Israel peace treaty was signed at the Arava border crossing (near Eilat, Israel, and Akaba,
Jordan).7

This is the picture of Prime Minister Yitzhak Rabin and King Hussein of Jordan in 1994

 From the Above history we observe that Israel sign many treaty’s with many country’s
so we can say that Israel had capacity to enter a relation with other state.

Analysis
Whether Israel had permanent population?
Population is the key physical components or raw material required for states to exist according
to the Montevideo Convention of 1933. From here we can said that there must be a population,

7
2021. Foreign affairs Israel info. .[online] Available at : https://mfa.gov.il/MFA/Pages/default.aspx [accessed 14 june,2021 ]

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no state will exist if it is uninhabited. It is difficult to make any a priori assumptions on the size
of such a society: what one may assume is that a single family is insufficient – the population
should be large enough to sustain governmental organisation, allowing for the separation of
public and private relations8.

On the fact of Israel we see that at the time of creation it had 806,000 people and now its 5
double which is enough to sustain government organization, So we can said that Israel had
Permanent population and it had fulfill the first element of the Montevideo Convention of 1933 .

Whether Israel had defined territory ?

Territorial qualification is one of the main characteristics for the state that sets it apart from other
organizations. Citizenship of a state is normally obtained by birth within its borders or through
an immigrant declaring his intention to stay permanently in the country. In broad terms, A State
is made up of all the people who live permanently on a certain piece of land. There are a few
small exceptions, such as nationals residing overseas or permanent aliens who have not yet
naturalized, but even their status is tied to certain territorial requirements9.

8
Dr S.B.M. Marume,R.R. Jubenkanda’s Article on statehood method , .[online] Available at : https://www.history.com/this-
day-in-history/state-of-israel-proclaimed?fbclid=IwAR0mDoJt0nByifOI4IslB2hB6GQ6LL5_4cYrGSUp66SdCnHHySVXsj4sIbQ [accessed 14
june,2021 ]

9
C.W. Namusi,N. C. Madziyire’s Article on statehood method. .[online] Available at:
https://www.degruyter.com/document/doi/10.1515/9783110498806-004/html?fbclid=IwAR1dujREDRTRwsAK-
6ZSJhKwkttVWqYYB_GDKoLW_XwV1RwLXzU8xoqL8yw [accessed 14 june,2021 ]

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On the fact of Israel we see that at the time of creation it had a certain territory and there had also
certain people who live permanently on this certain piece of land & after that lots of people came
into that territory for taking citizenship by migration. So here we can said that Israel had defined
territory and it had fulfill the second element of the Montevideo Convention of 1933.

Whether Israel had effective government?

At the Part of effective Government we can said that it should be elected by the people in
democratic away. We can say that an successful government invests in its citizens, expands
opportunities for mutual wealth, and increases the funds required to finance the public
infrastructure that promotes sustainable economic development. The Government is only one
sovereign person at that time and no other sovereign person then we can said this government an
effective government. There had a famous case law Tinoco Arbitration Case, 192310 here the
ground of effective government established by this away Tinoco was the only one government
and he had peaceful administration over the whole country.

On the fact of Israel we see that after the creation David Ben-Gurion was elected by the Israeli
people and he was only one sovereign person in the Israel at that time. So we can said that Israel
had effective government and it fulfill the 3rd element of the Montevideo Convention of 1933.

Whether Israel had Capacity to enter into relation with the other
states?
Capacity of enter into a relation is one of the most important element in my point of view in the
state element because in modern world every state depend on another state when a state capable
to enter into relation with other state it can fulfill the objective to being a state. Like- Ensure
proper security, Facilities of the trade.

10
Great Britain Vs Costa Rica , page 186 of Arif Khan book on international law and human Rights Bangladesh
Perspective 3rd edition
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On 19 May, 194911 Israel is the member state of the United Nation also it had sign many treaty’s
with the other states. So we can said that Israel fulfill the 4 th element of the Montevideo
Convention of 1933

Israel foreign minister in UN

Conclusion Assembly

From the above discussion we can said that Israel is fulfill all the elements of Montevideo
Convention of 1933. Under international law if any entity fulfill all the elements of Montevideo
convention its consider as a state so Israel is a state. If one of the elements of Montevideo
Convention of 1933 are not fulfill by the Israel then we can said it that Israel is not state.

11
2021 United Nations general assembly info ,[ online] Available at : https://www.un.org/en/ [accessed 14 june,2021 ]
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