McMaken argues that states do not possess inherent rights; only people do. ⭐ Drawing on ideas from Ludwig von Mises and statements by Francesca Albanese, it claims international law recognizes the rights of peoples to self-determination, not a “right of a state to exist.” The author argues that if Israelis have self-determination rights, Palestinians must have the same, criticizing rhetoric that frames Israeli state rights as overriding Palestinian claims.

Albanese: ”Israel does exist. Israel is a recognized member of the United Nations. Besides this, there is not such a thing in international law like “the right of a state to exist.” Does Italy have a right to exist? Italy exists. Now, if tomorrow, Italy and France want to merge and become Ita-France, fine, this is not up to us. What is enshrined in international law is the right of a people to exist.”

1. States vs. Individual Rights

2. Self-Determination of Peoples

3. State Legitimacy and Formation

4. Nation vs. State Distinction

5. Competing Claims of Self-Determination in Israel–Palestine

6. Political Framing and War Justification