The Palestinian Entity between Legality and Legislation

Agreeing on basic objective is an important point upon arising any issue and to achieve the acceptable objectivity to draw a comprehensive concept of it.

We cannot today measure the Palestinian issue for the obvious mixture in concepts whether it is deliberate or not resulted from interlaced factors of this complicated situation:

There are Postulates:

First: We handle the issue of a dispersed territory in the inside of Palestine or Palestinians lost their identity in the outside, thus the affiliation to the issue of the spoiled state is the basic factor to unify the Palestinian people.

Second: The Palestinian themselves differ about the identity of borders and sovereignty of this state, however, they agree on its Islamic and Arab identity.

Third: The current Authority which came to respond to the needs of the Palestinians gained its legality under the Oslo Accords which refused by most of Palestinians. Over the time this Authority was owned to the Palestinians and disowned its founders.

Fourth: Anyhow, Palestine could not be called state because it misses the legal and executive bodies.

Executively: the statesmen of the authority are shackled politically and economically by the (Israeli) occupation so their powers do not compare to a power of a county in a central state that they disable to decide their own sovereignty and their decrees.

Fifth: We may call the latest operations of Hama as a revolution of corrections not a coup because Hamas is the authority but the others are rebels came from the administrative apparatus of the state.

The partnering view of the Palestinian issue 

The Palestinian National Authority came due to an agreement between the Palestine Liberation Organization (PLO) and the Hebrew state which guaranteed to both parties draw the image of this new entity. The Palestine Liberation Organization’s men in the person of Yasser `Arafat and the men of Fath have dealt with the Authority as a tool to settle the Palestinian rights away from those who do not affiliate to the state and have no ends but their partnering interests. 

Those persons began to draw political elite who wanted power alterations among themselves under the organized work to cope with the interests of the sponsors of the Oslo Accords.

The Hebrew state wanted the Authority to curb and numb the Palestinian Territories and turn the conflict with her to the inside of Palestine and to turn the armed struggle towards her to be politic one. The United Sate of America and the European Union supported effectively this vision to lessen the dangerous issue in the world.

The changeable Palestinian Situation                        

It is suitably saying that this vision which harmonized in the Oslo Accords came late more than 10 years because the polidemorgraphics of Palestine has been changed and they were not longer able to accept those secularized elite.

The Islamic movements which came to the surface especially Hamas since the 80s of the past century which played effectively a social and political role in Palestine; this is clarified when analyzing the Fath’s statements in which they follow the steps of these movements and use their terminologies such as Jihad, Martyrdom to the extent the military wing of Fath is called the “Al-Aqsa Martyrs Brigades”.

The democracy- powers- power alterations

Because Fath is originally an organization which has a historical legality in the Palestinian struggle, its members are performing their duties as legal representatives, it was then spontaneously to establish bodies as a natural arms of the Organization.

Furthermore, the administrative apparatus -in unprecedented event- was set in the exile while the inside of Palestine has changed and there were other elites who were not taken in consideration.   

Moreover, the democracy, power alterations of the PLO and Fath does not differ from the other Arab regimes’ in which they provide the needs of their people against having their full allegiance.

Fath, hence, appointed all its men in the Authority who became certainly became hands and arms of Fath but we should in consideration of two visions:

First: The founders of Fath do not adopt power alterations but among themselves under the measure of the age (the oldest one). Mahmoud Abbas was elected according this view while the democratic mechanisms then remain superficial within the hands of those leaders by which it serve the partnering interests of the sponsors the Oslo Accords.

Second: The secularized and liberal youth generation of Fath led-by Dahlan who adopts power alterations in the light of efficacy. Dahlan sought to succeed `Arafat but the accounts of Fath came far of his wishes and elected `Abbas as the spontaneous leader after `Arafat. Dahlan, however, kept in his hands the financial and organized powers which he was provided with through the sponsors of the Oslo Accords.   

But the mechanism of election and the mind change of the Palestinian have cut off the vision of the administration (the Authority). Separation between the power of voters and the power of the administration (the Authority) and the emergence of the Islamic trends aggravated the situation by which there was leave-taking between the existing legality based on semi-international agreements and the legality which expresses the people’s right to self-determination.

One, by looking at the events, may notice the dilemma that Hamas faced when taking over the government from the outdoors of the administrative apparatuses[2] of the Authority. It could not control over the large apparatus due to its bias and its loyalty to Fath. However, Hamas was flexible enough to tame this apparatus; this drove many supporters of her to move to the other more extremist trends[3] on the pretext that Hamas does not combat the corruption.

Loyalty not the program

It appeared for the first sight that the conflict between Hamas and Fath represents in the electoral program. However, the conflict[4] is, who takes over the non existing power or who governs the Palestinian people.

It is nonsense to fight on non-sovereignty. However, Hamas’ feeling of its inability to govern in the existence of the administrative apparatus of Fath and the other growing loyal trend to Dahlan -who is demanded to surrender to the present president (Abbas) and the PLO- which vows that there are imminent crisises about to occur.

Amazingly, the (assumed) strongest trend in Fath could not curb Dahlan though his danger came to the surface before, during and after Maka’s Agreement.  Dahlan expresses the interests of the sponsors of the Oslo Accords which do not farfetch assassination for fulfilling their project.

Pressure practiced by all parties

The situation was fogged and the respective apparatuses in which the Egyptian Intelligence topped moved swiftly to lessen the risk between Hamas and Fath. However, these apparatuses could not draw an obvious plan lest it should collide with the interests of the United States of America and the Hebrew state.

Maka’s agreement was a sedative and did not offer but financial solutions to both parties. It needed no time to resume its collision.

No blame on Saudi Arabia, conversely, it was the only government which mover (formerly) to rescue the situation when it hosted the parties against the desire of the United States of America and the Hebrew state.

 Pressures were practiced from all sides on the government of Hamas for blunting the edge of its military wing[5] to be disabled to confront the (planned) scenario when Fath seeks to seize the Gaza Strip.

It was noticed the growing increase of funds and weapons that came to the Gaza Strip from Egypt and Jordan in nominal grants to ministers and characters of the presidency. There were ammunitions accumulated in the security headquarters.

The preponderant scenario was to widely assassinate and kidnap the political characters of Hamas, representatives in the Legislative Council, present or past ministers and then to be ready enough to quell any rebellion denouncing these operations.

Success in executing this plan would get fruits due to the fewness of the political characters of Hamas so it would be then difficult to nominate another political cadr to fill the space swiftly.

The vows of this scenario were clarified when the government of National Unity was disable to activate and the incessant pressures of the western countries to dismantle Hamas fully or (at least) let it not participate in any government in the light of interests of the sponsors of the Oslo Accords which take priority over the constitution of Palestine and the Palestinian people’s right to self-determination.

Thereupon, Hamas ordered its anti-operation to be launched – for saving the legality- to control over the security headquarters, barriers and detain the perpetrators in this plan (of Fath).

Efficiently, the military wing of Hamas succeeded in executing their anti-operation with few killings (170 ones). They did not exceed the limits but only in the case of Sameeh al-Maduhun but that is noting when comparing to illegal operations of killings committed by the PLO in which hundreds were slain whose bad impacts have lasted for now.

Surprisingly, the rebels surrendered motionless. This could be interpreted in two points as follows:

1.      They expected a provision to come on time or;

2.      The plan was not obvious in the mind of Dahlan (the leader) who might withdraw for ever or await another tour.

The probable scenario and the political future

A question arises: Has Hamas established its state in the Gaza Strip or the experiment of Authority in the light of the interests of the sponsors of the Oslo Accords came to an end to begin a new tour of governance and struggle?

Elaborating the probable successive delimited points of these scenarios as follows:

First: It is farfetched that the occupation army invades the Gaza Strip directly for good cause because this is not listed in his agenda and strategy. However, it is likely to launch severe swift military hits.

Second: Due to military and political status, it is farfetched that the struggle moves to the Western Bank. The struggle, however, may move to the Western Bank in organized movements against these fractions.

Third: The United States of America and the Hebrew state may proceed boycotting Hamas to encompass the whole Strip which is threatened by human crisis. (Alas!) The Egyptian government (not the intelligence) and Jordan may participate effectively in this boycott.

The probable scenario

First: Stability of the status with full isolation between the Western Bank and the Gaza Strip by which Hamas may control over the whole Strip. It will then need to fill the vacant spaces in the administrative and the security apparatus resulting from the departure of the members of Fath. The Strip will resemble an isolated entity by which vows that a human catastrophe is imminent due to the western countries’ boycott and the inability of Hamas to provide the basic needs of the governmental bodies through charitable deeds. There is a semi-famine may occur in the Strip that will restore to the mind the exodus of the Strip to Sinai which threatens the security status in Egypt and the Arab World as a whole.

Second: Stability of the status and the probability of unifying between the Strip and the Bank. The other fractions seem to work according to this scenario on an account that the anti-operation of Hamas was against the coup wing of Fath even that there are statements issued from Fath denouncing the coup wing by which supports this prophecy. However, the rebels of Fath, the sponsors of the Oslo Accords and the negative Arab attitudes stand against achieving this scenario.

No way, Hamas is to go ahead in achieving this end and to try to harmonize with Egypt and Saudi Arabia.

Third: Dismantling Hamas through successively political and military hits. In the absence of plans to deal with the disastrous status of the economical embargo, the military attacks and targeting the leaders of Hamas will result in unbalance and anarchy and the members of Fath will then come to the surface to resume control over the Gaza Strip. Alas! This disastrous scenario is about to occur by time.


Hamas has to launch anti-media and diplomatic campaigns to avoid the first and the third probable scenarios. It should take in consideration rooting the law, to neutral when dealing with those secularized fractions. The efficient should take priority to fill the administrative space.

Hamas is to search for (formal) funding from the Arab and the western countries to cover the budget deficit and strengthen the judicial authorities and tax ones. It should exclude the choice of weapon of this equation. However, it proceeds chasing the coup wing (of Fath) and to be then judged overtly and avoid the state of Sameeh al-Madhun even if this invites her to release those rebels (of Fath). It should extricate the rebels of Fath and come to mutual approach with the moderate wing of Fath. It is to refuse decisively the entrance of international forces in the Gaza Strip and the Western Bank. Hamas is to exploit the situation and elaborate the case to the American and the European public opinion.

[1] Emad Hamdi (a researcher and specialist in strategic issues )

[2] The Iranian Revolution confronted the same destiny when hundreds of its political cadr were assassinated to the extent that they could not manage the public utilities for a long period even after the establishment of the welayat-e faqih system in which the power is monopolized and the alteration of power was in the hands of al-Malali.

[3] Many observers, though, expect the limit emergence of Jihadi groups adopting the thought al-Qaedah in the Gaza Strip and the Western Bank; it represents a danger on a disciplined organized Jihad (Hamas).  

[4]Hamas announced that it is ready to come to a truce of about 20 years and establishment of a state according the border of 67 by which the conflict between Hamas and Fath turn into superficial.

[5]There is another probable scenario which restore the era of the Christian Martyrdom when the man  enter his own head into the guillotine be cut joyfully that he fulfilled the wish of his enemy and obeyed the Christ and is not edible in the thought of the Islamic movements.