The wave of recognition of Palestine by Western states, in which Germany did not participate, owes itself to France’s initiative. President Macron is isolated domestically, has failed in many respects and is unpopular, but his foreign policy shows diplomatic leadership. That has also contributed to the discourse in France once again being broader and more open than in Germany. In France, it is already possible to criticize something that has not yet been achieved in Germany. A group of lawyers and professors, most prominently Rafaëlle Maison, professor of international law at the University of Paris-Saclay, is concerned with the potentially negative consequences that threaten to arise from the purely symbolic recognition of a de facto non-existent state—the state’s territory is eroded by Israeli settlements, its authority is undermined, and its people are exposed to genocide. Rafaëlle Maison published an article on September 11 spelling out the pitfalls of recognition, and gave an interview to the Le Média platform on September 13 to shed light on the “shadow zones” of Macron’s plan. Any policy of recognition should be measured by whether it serves or harms the right of peoples to self-determination, which is fundamental to international law.
In the interview, Maison quotes from the letter Macron wrote to Netanyahu on August 25, 2025. Macron justifies his decision : “Our determination to ensure that the Palestinian people have a state is rooted in our conviction that lasting peace is essential for the security of the State of Israel.” The Palestinians’ right to self-determination is not mentioned in the letter. The horse is being put before the cart: the rights of the Palestinians are understood only as a function of the security of an ethnically and nationally defined Israel; not as an end in itself, but as a means to an end. Diplomatic restraint towards Netanyahu alone cannot explain this. In his speech to the UN General Assembly on September 22, Macron explicitly acknowledged, unlike in the letter, the “legitimate rights of the Palestinian people” and spoke of “a people who draw strength from their history, their roots and their dignity.” And yet, here too, he cited French loyalty to Israel as the main reason for recognition: “Precisely because we are convinced that this recognition is the only solution that can bring peace to Israel.”
Macron’s speech suggests that recognition should lead to an end to genocide aka war. But if the rights of Palestinians are always viewed as merely instrumental, then there can be no lasting peace. Maison exposes Macron’s recognition and his commitment against violence as lip service. The “normalization” he desires for Israel, which continues to violate (mandatory) international law, is to be imposed violently, with or without a Palestinian state. This is already evident in the first half of the letter, where Macron refers at length to France’s official acceptance of the IHRA definition of antisemitism. The adoption of the IHRA definition, “which condemns anti-Zionism as a form of anti-Semitism,” was one of his first official acts in 2017 and forms the basis for his policy of recognition. Macron’s interpretation of the IHRA definition, equating any opposition, however legitimate, to an exclusionary and ethnically defined state with hostility toward Jews as Jews, must automatically declare all Palestinians who have been expatriated and expropriated by Israel, and who naturally have a problem with this statehood, to be enemies of the Jews (not to mention that this equation itself is anti-Semitic). Macron’s letter to Netanyahu shows that the violent instrumentalization of the fight against anti-Semitism and the blanket defamation and exclusion of Palestinians as anti-Semites is far more than just a side effect or collateral damage of the current policy of recognition; it is inherent to it.
But Rafaëlle Maison is interested in recognition primarily from the perspective of international law. She analyzes the “New York Declaration” of July 29, initiated by France and Saudi Arabia and also signed by Germany, as well as the “New York Call” issued on the same day by the foreign ministers of 15 Western states (Germany was not among them) as a reaction and a kind of diversionary tactic to distract attention from the opinion of the International Court of Justice “on the legal consequences of Israel’s occupation policy.” Exactly one year earlier, the ICJ had ruled that Israel’s occupation of the Palestinian territories was illegal, that Israel must withdraw from the territories and pay reparations. On September 18, 2024, the UN General Assembly then adopted Resolution ES-10/24 by a large majority (with Germany abstaining), which stipulates a halt to arms deliveries if they are used in the occupied territories and calls for a boycott of goods from Israeli settlements. Instead of following the ICJ opinion (which everyone, including the German Foreign Office, claims to respect), France and Saudi Arabia convened the UN conference on the recognition issue for July 2025.
Rafaëlle Maison sees the results as “potentially in violation of international law as outlined by the ICJ in 2024.” The Palestinian state should, in the unlikely future that it is actually allowed to materialise, only exist under certain conditions: under the conditions that Hamas surrenders its weapons to the Israeli-controlled Palestinian Authority, which would effectively mean demilitarization (para. 11 of the declaration), the respect of anyone standing for election for the “international obligations” of the PLO (para. 22), the exclusion of Hamas, and the pursuit of a liberal reform agenda. On the latter, Maison writes: “These recipes sound a lot like a free-market program, compromising the sovereign choices of the state-to-be and requiring—incongruously in appearance, but in reality quite significantly—control over freedom of expression.” Lip service is paid to the right of return guaranteed under international law, but in fact they envision a “just solution” to the refugee problem through a “regional and international framework” (para. 39). And the future state would have to work on security arrangements that were “beneficial to all parties” (para. 20) – which, given the unequal power relations, could only mean that Israel would once again assume police and military power and authority in the weak state structure. The outcome would be a state without sovereignty, an “entity under control.”
According to Maison, the “New York Call” in particular makes it clear what is really at stake: normalizing relations between all states and Israel despite the ongoing crimes – and not, as the ICJ actually prescribes, finally responding to these crimes with consequences. Thus, conditional recognition while the genocide continues is “indeed the latest stage in the ‘war against Palestine,’ as chronicled by historian Rashid Khalidi.”
In fact, the situation will not be pacified, no matter what “solution” the international community finds to show Israel the “red lines” so that it abandons its annexation plans and finally ends the genocide; certainly not under a transitional governor Tony Blair in Gaza. Nevertheless, voices have been raised in France in recent days arguing that we should not stop at Rafaëlle Maison’s despairing analysis, but make the best of the new situation. The ongoing genocide, the daily mass deaths, killings, and murders must end immediately, and recognition facilitates the willingness to intervene. On Médiapart, Ilyes Ramdani credits the French initiative with at least putting enormous pressure on the US; the “Riviera” plans seem to be finally buried.
On September 24, Ardi Imseis, professor of international law at Queen’s University in Canada, spoke to French MPs at the initiative of lawyer and member of the French National Assembly Gabrielle Cathala, and gave a lecture at the Sorbonne the following day. He advocates a “realistic,” “pessimistic” stance, insisting that both the legal fact of recognition and the fact of continuing legal obligations established by the ICJ opinion can be used to make demands on governments. It is a bitter reality, he says, that almost all countries in the world do not care about the survival and right to self-determination of the Palestinian people. The Palestinians themselves have no resources to defend themselves against the occupation. But when it comes to statehood, Imseis sees the glass as half full, where others see it as half empty. Almost independently of the situation on the ground, international law has also created its own reality over the years and decades. “It is clear that today, the State of Palestine already exists as a matter of both state practice and law, with or without recognition by France and other Western states.” Palestine was already recognized by 160 states before France’s initiative, was admitted to UNESCO as a full member in 2011, and can be a party to multilateral treaties. Precisely because attaching conditions to recognition conflicts with international law, it is possible to fight against these conditions. Recognition would make it easier to put pressure on states to correct their relationship with Israel and to respond to the occupation, apartheid, and war crimes with sanctions. In his analysis of the New York Declaration, Imsais thus comes to a very different conclusion than Maison: The Western governments that have recognized Israel are well aware that states are sovereign and that it is not possible to impose conditions on statehood; accordingly, their statements are formulated in a soft and ultimately non-binding manner. “Sovereignty is a curious thing. But as France so intimately knows (…), states have the perfect right to do whatever is not prohibited by international law.”
Maison concluded her text with the fear that governments would use the UN General Assembly “under cover of the recognition of a Palestinian pseudo-state” to further undermine international law by disregarding the ICJ opinion, and that international law as a whole would be buried here. Imrais’ realism, on the other hand, sees “the contingency and disenfranchisement of the Palestinian Arabs” as enshrined in UN law itself, together with the “so-called two-state framework” of the 1947 partition plan. In the absence of other resources, the Palestinians could and must now work with this law.
On Monday (September 29, 2025), Ardi Imseis and Rafaëlle Maison will talk to each other in the Jean Jaurès amphitheater in Paris. In Germany, one should listen carefully. Admittedly, the discourse has shifted in Germany as well, with the federal government distancing itself significantly from Netanyahu’s government. It is now even almost possible to say “genocide” without being slandered as anti-Semitic. But the totalitarian “Staatsräson” and the media’s windmill battles in its shadow still obscure the actual lines of conflict. The fruitless pros and cons of German provenance basically revolve around whether Israel should be allowed to do as it pleases or whether it should be forced to do what is best for it; whether the failure of Oslo gives Israel carte blanche or whether Israel must be brought back on the path of Oslo toward “peaceful coexistence.” And whether Germany is isolating itself internationally or whether the world “understands” Germany’s Sonderweg. What is still hardly debatable is the question of recognition in light of the failure of Oslo, from the perspective of what is right and just. In retrospect, Oslo was a serious mistake—a policy of appeasement that ignored all the important issues, shirked international legal obligations, and, in the long term, shifted the balance of power increasingly to the detriment of the Palestinians. This applies to the settlements, it applies to apartheid, it applies to the right of displaced Palestinians to return and to compensation for stolen property.
Germany has decided against recognizing Palestine and, as always, will try to compensate for its lack of responsibility with financial payments. But it is also paying another price: that of ignorance, in Arendt’s sense. In the end, there might even be a case for saying that international law itself, through the partition plan, makes lasting peace impossible. But this discussion is also more likely to take place in France than in Germany.
