A leading British jurist has warned that Prime Minister Keir Starmer’s plan to unilaterally recognize a Palestinian state risks destabilizing the international legal order and undermining any prospect of a two-state solution, the Telegraph reported Sunday.
The warning comes as Hamas reiterated its refusal to disarm without the creation of a sovereign Palestinian state.
In a legal opinion obtained by The Telegraph, Prof. Malcolm Shaw KC — one of Britain’s most senior experts in international law — argued that the move would “create a troublesome precedent” and could “ultimately destabilize an international system founded upon a common understanding of what it is to be a state.”
The opinion was circulated among top members of the British government, including the prime minister, attorney general and senior Labour figures. It was commissioned by Labour peer Lord Mendelsohn in response to Starmer’s announcement that the United Kingdom would recognize a Palestinian state in September unless Israel meets certain conditions.
Shaw’s findings come amid heightened tensions around the recognition debate. Hamas issued a public statement over the weekend in response to U.S. envoy Steve Witkoff’s suggestion that the group may be open to disarmament. In the statement, Hamas reaffirmed its stance: “Resistance and its arms are a legitimate national and legal right as long as the occupation continues.” The group added that disarmament would only be considered following the full establishment of an independent Palestinian state with Jerusalem as its capital.
The Hamas statement also denounced Witkoff’s visit over the weekend to a Gaza aid distribution center, arguing it meant to improve Israel’s global image amid what it described as a campaign of “starvation” and “systematic killing.”
In his legal brief, Shaw called Starmer’s position “premature,” stating it “confuses and distorts” efforts to achieve peace and effectively rewards the October 7 Hamas attacks. “Recognition at the current time will be seen as a prize for precipitating the war on Oct. 7, 2023, with its attendant rapes and massacres,” he wrote.
Shaw also noted that the Palestinian territories do not meet internationally recognized criteria for statehood and are still bound by the Oslo Accords, which govern Israeli-Palestinian relations. As long as both parties are operating under those terms, he argues, recognition cannot be legally justified.
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His legal opinion adds to growing opposition within Britain’s legal community. This week, 40 members of the House of Lords — including prominent jurists Lord Pannick KC and Lady Deech, both patrons of UK Lawyers for Israel — issued a joint warning that the government’s recognition plan would be unlawful. While Lord Hermer is said to have rejected those conclusions, Shaw’s opinion adds further weight to critics urging Starmer to reconsider.
Shaw, who is currently representing Israel at the International Court of Justice in the genocide case brought by South Africa, is the author of a widely used textbook on international law.
While Starmer has long supported Palestinian statehood “in principle,” he had avoided any formal timeline until this week’s surprise announcement. According to The Telegraph, the Labour leader has come under growing pressure from within his party, from international allies such as French President Emmanuel Macron, and from left-wing groups calling for immediate recognition.
The launch of a rival leftist party led by former Labour leader Jeremy Corbyn, which includes Palestinian recognition as a core platform, may have also factored into the timing.
Protests continued in the UK over the weekend. On Saturday, members of the activist group Youth Demand blocked roads in central London, calling for an immediate trade embargo on Israel. Meanwhile, Labour MPs critical of Starmer’s recognition plan reportedly clashed with his national security adviser, Jonathan Powell, during a heated meeting last Thursday.