The UN currently has 194 independent member states. Although the Palestinian Territory is not now an independent sovereign, the United Nations has the power to recognize them, and to make them a UN member. Palestine’s request for statehood would give them rights, and the ability to make claims in international courts. It would allow them to enter into treaties with other countries, and would make them subject to international obligations.
The criteria for statehood were set forth in the Montevideo Convention on Rights and Duties of States (1933). A state must have: 1) a permanent population; 2) a defined territory; 3) a government; and 4) a capacity to enter into relations with others.
As to population, although Antarctica has temporary visitors, it has no permanent population, and is the best example of a land that cannot become a state. The Vatican cannot become a state, since no one was born there, and it has no permanent residents. Western Sahara, with roving nomads, also fails in this regard.
Since Palestine has had a permanent population for over a thousand years, it clearly meets the first criteria for statehood.
A state must have a defined territory. Not all places with defined territories are independent states. Taiwan is a well-defined island that acts like a free state, but it is part of China. French-speaking Quebec has borders, but it is a Canadian province.
In the case of Palestine, their territories include at least the West Bank, Gaza, and East Jerusalem. Other lands occupied since 1967 may also be claimed. Although the boundaries with Israel are now disputed, that is no bar to statehood, and the second test is met.
A state must have a government, as every nation must speak with one voice. If Somalia had to re-apply for statehood today, they would have a problem, because they are governed by warlords, and not by a central government.
Palestine has long had elected governmental bodies in the West Bank and Gaza. Despite Israel’s disapproval of the freely-elected Hamas Party in Gaza, Palestine satisfies the third element.
A state must have the capacity to enter into relations with other nations. Palestine certainly has the ability to do this, and it therefore meets the fourth element of statehood.
The people of the occupied Palestinian territories have a right to self-determination under the UN Charter and the United Nations should proceed to recognize a Palestinian State.
Jeff Brinckman: Political and International Brinkmanship 