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Opinion | From Gaza Peace Process To Ukraine War: The Principle Of Consent In International Law

15 33
24.10.2025

In modern diplomacy, particularly in peace processes involving Egypt, the United States, Qatar, Israel, and Palestine, the principle of consent can be complicated. For example, if Egypt, US, and Qatar sign a peace framework while Israel and Palestine do not, the classical idea of treaty consent is challenged, since under Article 34 of the Vienna Convention on Law of the Treaties (VCLT), a treaty does not create obligations for non-signatory states. However, international practice acknowledges that states can show consent through actions, even if not formally signed. Publicly endorsing or implementing treaty provisions may indicate implied consent, aligning with VCLT Article 31(3)(b).

The doctrine of pacta sunt servanda, embodied in Article 26 of the Vienna Convention on the Law of Treaties (VCLT), underscores that “every treaty in force is binding upon the parties to it and must be performed in good faith". Therefore, even though Israel and Palestine do not enter a treaty in the strict sense of the word, once they agree mutually or align their actions........

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