- Sydney Town Hall Rally for Palestine to stop the massacres In Jenin and Gaza. (Sydney Criminal Lawyers)

Australia’s decision to again use the term ‘occupied Palestinian territories’ brings it into line with international law

Australia’s minister for foreign affairs, Penny Wong, has announced Australia will return to use of the term “occupied Palestinian territories”.

The Australian government will use this phrase to describe the territories in the West Bank and Gaza that Israel occupied in 1967.

This move by Australia is an important means of signalling condemnation of Israel’s expansion of illegal settlements on Palestinian lands. It reorients Australia towards the orthodox position on the occupation under international law.

It has been reported that some at the upcoming Labor national conference will agitate for the government to recognise Palestinian statehood.

Former Labor foreign minister Gareth Evans argues the time is right for the government to make such a move. He notes that 138 of the UN’s 193 member states have already done so.

There is no legal bar to Australia recognising Palestine as a state. Rather, it would be a political decision for the government of the day, aimed at promoting the long called-for two-state solution.

Since the United Nations (UN) was established in 1945, the status of Palestine has been a perennial question of modern international law. The UN General Assembly and Security Council have resolved that Israel violates the prohibition on the use of force through its occupation of Palestinian territories. Palestine has held the special status of “non-member observer state” in the UN since 2012.

Read the article by Dr Amy MacGuire on AMUST.