Legal briefing on the rights of stateless Palestinians in the UK
September 2025
In summary: why Palestinians should be considered stateless
Efforts to enact a Palestinian nationality law have failed, and Palestine currently does not
have an independent, sovereign ability to issue identity and travel documents, allow
persons to enter and reside in its territory, or offer full diplomatic protection to Palestinians.
In these circumstances, Palestinians cannot be considered nationals of Palestine for the
purposes of statelessness determination under the 1954 Convention, which defines a
person as stateless if they are ‘not considered as a national by any State under the operation
of its law’ (emphasis added).
If Palestine does adopt a nationality law, then persons who are considered nationals under
that law might no longer be stateless. However, it will be important to consider other
circumstances, including Palestine’s sovereignty and ability to independently issue
documentary proof of nationality such as passports to all persons recognised as nationals
under its laws, to grant them an unrestricted right to enter and reside in the territory, and
to provide them diplomatic protection when abroad, as well as other criteria commonly
associated with a nationality.
Recognition of the State of Palestine by individual States is not determinative of the
statelessness of Palestinians and does not change their circumstances or status, including
the lack of a Palestinian nationality law. It is only the international law definition of a stateless
person that defines who is stateless, therefore states cannot unilaterally decide that a
Palestinian is not stateless just because that country has recognised Palestine. A
determination of statelessness grounded in State recognition would lead to inconsistent
outcomes across Contracting States to the 1954 Convention and would thus be contrary to
international law.
Therefore, Palestinians who do not hold the nationality of another country should be
considered stateless for the purposes of the 1954 Convention unless and/or until they can
be considered nationals of an independent, sovereign State which has a nationality law.
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