derogation is permitted. This is reinforced in treaty law, which provides for the realization of the pillars of self-determination without discrimination, and in particular nationality-based distinctions.23 1.1.1. Recognition of the Right of the Palestinian People to Self-Determination Importantly, international law recognizes Palestinians as a “people”, with an acknowledged right to self-determination and to an independent state.24 The Palestinians have been the de facto people of Palestine well before the twentieth century and the rise of Zionism. The de jure recognition of Palestinian nationality and by extension the right to self-determination under international law, dates back to the Treaty of Lausanne signed in 1923.25 This was reinforced with the recognition of the Palestine Liberation Organization (PLO) as the representative of the Palestinian people in United Nations General Assembly resolutions 3210 and 3237.26 Accordingly, international law recognizes the Palestinian people as per the definition in the Palestinian National Charter, namely as, “Arab citizens who were living normally in Palestine up to 1947, whether they remained or were expelled, [including] anyone born, after that date, of a Palestinian father – whether inside Palestine or outside it […],” with Palestine defined as “with the boundaries it had during the British Mandate”.27 23 ICCPR, supra 15, art.2(1); ICESCR, supra 15, art.2(2). 24 The Palestinian people’s right to self-determination can be inferred from numerous documents articulating the general right, as far back as Woodrow Wilson’s ‘’Fourteen Points’’ and the comments of the British High Commissioner Henry McMahon to Egypt, when he expressed willingness to recognize ‘‘the independence of the Arab countries;’’ specific recognition of the Palestinian right to selfdetermination can be found in numerous comments and documents prior to the establishment of the United Nations and since, including in Article 22 of the of the Covenant of the League of Nations. The UN has subsequently recognized the right of self-determination of the Palestinian people in numerous resolutions, including UNGA, United Nations Relief and Works Agency for Palestine Refugees in the Near East, A/RES/2672(XXV), 8 December 1970; UNGA, Question of Palestine, A/RES/3236(XXIX), 22 November 1974; UNGA, Right of the Palestinian People to Self-Determination, A/RES/66/146, 29 March 2012; UNGA, Right of the Palestinian people to self-determination, A/RES/67/158, 26 February 2013. See also Legal Consequences of Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004 ICJ 131, 9 July 2004, §122, available at: https://www.icj-cij.org/files/caserelated/131/131-20040709-ADV-01-00-EN.pdf. 25 BADIL, Survey 2016-2018, supra 9, 1-2. 26 UNGA, Invitation to the Palestine Liberation Organization, A/RES/3210(XXIX), 14 October 1974; UNGA, Observer Status for the Palestine Liberation Organization, A/RES/3237(XXIX), 22 November 1974. 27 Palestinian Liberation Organization [PLO], Palestine National Charter, 28 May 1964, art.2 & art.5, available at: https://web.archive.org/web/20101130144018/http:/www.un.int/wcm/content/site/ palestine/pid/12363 [accessed 28 February 2020]. 14