The Legality of Recognizing Somaliland
- Eran Sthoeger
- Feb 11
- 2 min read
Original Author:Ā Eran Sthoeger
Original Publication:Ā EJIL: Talk!
Date:Ā January 28, 2026
Curated Excerpt (Fair Use)
This legal analysis examines whether Israelās December 26, 2025 recognition of Somaliland violates international law. The author argues that, contrary to claims by Somalia and several states, recognition of Somaliland does not breach the UN Charter, territorial integrity principles, or the prohibition on the use of force.
The article situates Somalilandās case within the broader framework of state recognition doctrine, contrasting the constitutive and declaratory theories of statehood. It emphasizes that Somaliland has functioned as a de facto independent entity since 1991, maintaining defined territory, a permanent population, effective governance, and foreign relations capacity. Under prevailing international legal doctrine, recognition does not create a state but acknowledges an existing factual reality.
The piece also evaluates arguments regarding territorial integrity and non-intervention. Drawing from the Kosovo Advisory Opinion and the Friendly Relations Declaration, the author concludes that territorial integrity applies between states and does not automatically prohibit recognition of secessionist entities. Recognition would only be unlawful in limited circumstances, such as premature recognition, establishment through unlawful force, or explicit Security Council prohibitionānone of which apply to Somaliland.
Finally, the article compares Somalilandās situation to Kosovo rather than Palestine, arguing that international law remains largely neutral on secession itself. Recognition, therefore, operates primarily in the political sphere rather than as a violation of legal norms.
About the Author
Eran Sthoeger is a litigator and consultant in public international law and a lecturer in international environmental law at Columbia University. He has previously advised the Government of Somaliland on recognition matters, though this analysis was written in his personal capacity.
This is a curated article from an external publication. All views expressed belong to the original author. Gallaydh.com curates external work to encourage informed discussion and critical engagement.
