With respect, we wish to point out that your conclusion would appear to be based on somewhat questionable legal, historic and political premises, as well as being self-contradictory, and constituting, in and of themselves, a non-sequitor.
While your reference to the need for a “two-state solution negotiated in accordance with the principles of international law” correctly reflects the declared position of the state of Israel, clearly, issues such as “mutual recognition” and the “will to co-exist peacefully” will be components of a negotiated agreement on peaceful relations between the Palestinians and Israel, which agreement has yet to be achieved.
However, your declaration that Sweden will recognize the state of Palestine would appear to be a totally inaccurate reading of the legal and political situation and in effect, prejudges the very negotiation of which you express your support, and which an issue that is still on the negotiating table.
As you are doubtless aware, no state of Palestine exists, and the issue of the final status of the territories, whether as a Palestinian state or any other political formation, is a negotiating issue between Israel and the Palestinians, pursuant to the “Oslo Accords,” to which the Sweden, as part of the EU, is signatory as witness.
The final status of the territory cannot be imposed by external parties, be they Sweden, the UK, the EU or the UN. It may only emanate from a bona-fide bilateral negotiating process between Israel and the Palestinians and in accordance with accepted norms and requirements of international law regarding statehood and the entitlement thereto.
Your statement in effect purports to pre-empt the outcome of that negotiation through a one-sided determination by Sweden that totally ignores legitimate claims to the territory by Israel, yet to be negotiated. As such you appear to be intervening in a bona fide negotiating process, by supporting one side only.
It befits the friendly relationship between Sweden and Israel that Sweden not make one-sided determinations that prejudge the negotiating process, a process that Sweden clearly supports.
While it is the sovereign prerogative of Sweden to recognize whoever it chooses, one might assume that as Prime Minister, you will not permit yourself to be misled or manipulated, whether by narrow political interests or any other cause, into making a statement that is legally and politically ill-advised and mistaken.
On the substantive issue of the status of the territories concerned, there exists no international treaty, convention or any binding international resolution or determination, that the territories are indeed Palestinian, and hence the agreement of the Palestinian leadership in the Oslo Accords, that the issue is to be negotiated.
We call upon you to reconsider this ill-advised declaration, and to revoke it.
Sincerely,
Alan Baker,
Ambassador (ret.), Attorney,
Director,
International Action Division
Legal Forum for Israel
Nachi Eyal,
CEO,
Legal Forum for Israel
