Does the Palestinian Entity have the Capacity to Freely Engage in Foreign Relations?
An entity which is incapable of freely engaging in foreign relations cannot be defined as a state. As Crawford explains, the capacity to enter into relations with other states is an essential prerequisite of independence.98 As a result, the lack of competence in foreign relations is regarded as a classic indication that a given entity is not an independent state but an autonomous non-sovereign body.99 The provisions of the Israel-PLO agreements provide unequivocal evidence as to the Palestinian Authority’s lack of capacity to conduct foreign relations. In setting out the powers and responsibilities of the Palestinian Council, Article IX(5) of the Interim Agreement clearly stipulates as follows: • In accordance with the DOP, the Council will not have powers and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of embassies, consulates or other types of foreign missions and posts or permitting their establishment in the West Bank or the G
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