Obligations to Recognize Governments in International Law: U.S. non-recognition of Hamas

Janna B. Weinstein, San Francisco State University

Abstract

This article seeks to determine whether the United States has a legal duty under international law to recognize Hamas, based on the election of Hamas to the Palestinian Legislative Council in 2006. It explores the principles of national sovereignty rights, extension of recognition, popular sovereignty, and self-determination of peoples. While it concludes that the latter principles may support an obligation to recognize, the principle of national sovereignty rights is found to be applicable only within the context of an established and recognized nation-state. Because the Palestinian territories cannot be considered a nation-state, the rights under the latter principles are also not applicable and thus do not bestow an obligation to recognize the Hamas government.