Alerts

Who Are the Legitimate Palestinian Leaders?

If one were to apply Western democratic values to the PA and give the PA elections their legitimate value, the inevitable conclusion, however unreasonable and unfathomable, is that Hamas is the legitimate leader of the PA.
Share this
Hamas member Aziz Al-Dweik
Hamas member Aziz Al-Dweik. (The Palestinian Information Center)

Table of Contents

Summary

The current Palestinian leadership crisis stems from elections held in 2006, when Hamas won a parliamentary majority while Mahmoud Abbas remained president. International refusal to work with a Hamas-led government, internal power struggles, and violent clashes led to Hamas taking control of Gaza and Abbas governing the West Bank without renewed elections.

Since then, key democratic institutions have been dissolved or bypassed, succession rules altered, and no new elections held. As Abbas ages, uncertainty over lawful succession persists, raising questions about legitimacy, governance, and whether future elections could include armed groups designated as terrorists.

On January 25, 2006, almost 20 years ago, the Palestinian Authority (PA) held its last elections for the Palestinian Legislative Council (PLC), which functions as the Palestinian parliament. The result was a landslide victory for Hamas, the genocidal terrorist organization that planned, led, and executed the October 7, 2023, massacre.

The Chairman of the PA, Mahmoud Abbas, had been elected a year earlier, replacing the deceased Yasser Arafat. Soon after his election, he traveled to Washington to meet President George W. Bush. Shortly after returning, Abbas called for parliamentary elections.1

As a precondition to holding the PLC elections, Abbas demanded that all the so-called “Palestinian factions” be allowed to participate. When used by Abbas and the Palestinians in this context, the term “Palestinian factions” is a euphemism for including the internationally designated terrorist elements of Palestinian society, including Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and others.  

While Abbas and his Fatah party believed that they would easily win the elections, he took no chances. During Abbas’s visit to Washington, President Bush had publicly promised to give him $50 million, but also, more quietly, approved an additional $2.3 million officially given “to support the elections,” but which many observers allege was designed to bolster the image of Abbas and his Fatah party.2 Abbas also decided, in breach of the Oslo Accords, to change the voting system and enlarge the PLC from 88 to 132 members.

Despite all the cash and Abbas’s maneuvers, the final count of the votes gave Hamas an outright majority – 74 seats – in the PLC. Shortly after, embarrassed by his loss, Abbas had no alternative but to invite Hamas leader Ismail Haniyeh to form the PA government.3 On March 29, 2006, Haniyeh formed the Hamas government, and gradually started taking control of the PA apparatus.

Israel, the United States, the European Union, and others refused to cooperate with, and more importantly, refused to continue funding, the elected PA government.4

While Abbas was doing his utmost to prevent the collapse of the now terror-controlled PA, Hamas wasted no time, particularly in the Gaza Strip, to assert its authority.

Immediately upon election, Hamas ramped up its terror activities. In 2006 alone, Hamas and the other terror groups fired over 1,700 rockets from Gaza, indiscriminately targeting Israel’s civilian population. 5 Hamas terrorists carried out hundreds of additional terror attacks, including the June 2006 infiltration into Israel that resulted in the killing of two Israeli soldiers and the kidnapping of IDF soldier Gilad Shalit. Having taken almost complete control of the Gaza Strip, using tunnels dug under the border with Egypt, during 2006 alone, Hamas managed to smuggle in 28 tons of explosives, 14,000 assault rifles, 5,000,000 rounds of ammunition, 40 missiles, 150 RPGs, 65 grenade launchers, and 30 anti-tank missiles.6

Despite initially tolerating the Hamas-formed government, in early 2007, following a succession of events, Abbas deposed the Haniyeh government and replaced it with an alleged non-affiliated, so-called technocrat government.

Rejecting Abbas’s illegal coup, Hamas seized the Gaza Strip in the summer of 2007. While senior, privileged Fatah representatives, such as Mohammad Dahlan, managed to save themselves, other less fortunate Fatah representatives in Gaza were killed by Hamas, some being thrown from the top of buildings.7

Before Abbas deposed the Hamas government, the elected members of the PLC took their seats and appointed its speaker: Hamas member Aziz Al-Dweik.

The position of Speaker of the PLC is more than just ceremonial. According to PA law, should the president become incapable of performing his duties, the speaker of the parliament takes over for two months as PA interim president until presidential elections are held.

To avoid a situation in which Al-Dweik and Hamas would seize control of the PA, in 2018, Abbas decided to dissolve the PLC elected in 2006. At the time, he promised elections for the new PLC would be held within six months. No elections were ever held.

To further sully the picture, and in the hope that no one would notice, or at the very least no one would truly understand, Abbas later integrated the PA institutions into those of the Palestine Liberation Organization (PLO). The PLO has its own internal legislative body, open only for the elections of PLO members. He then announced that should he become unable to perform his duties, the speaker of the PLO parliament, Rawhi Fattouh, would take over as interim president until new elections are held. 8

If one were to apply Western democratic values and give the PA elections their legitimate value, the inevitable conclusion, however unreasonable and unfathomable, is that Hamas is the legitimate leader of the PA.

Since 2006, nothing in the PA political map has changed. The Palestinians still despise Abbas and his corrupt Fatah party and, if given the choice, they would again elect Hamas.

This, however, is not just a historical tale. Abbas, 90, shows no sign of ever stepping down, but reality will inevitably take its course, and one day, sooner or later, the vacuum he leaves will have to be filled.

Allowing the hated Fatah to seize control automatically would require the Western funders of the PA to positively admit the colossal failure of any remnant of the Palestinian democracy, and to admit that the PA is a simple dictatorship. Allowing Hamas and the other terrorists to participate in the elections would mean that the Western funders accept a potential terrorist victory.

Whatever reality the Western funders face, Israel must never again agree to the participation of internationally designated terrorist groups in whatever future PA elections may take place. Furthermore, while PA elections are not in sight, Israel would do well to make this stipulation clear to all without any delay.

* * *

Notes

  1. https://www.elections.ps/tabid/307/language/en-US/Default.aspx↩︎

  2. Ibid.↩︎

  3. https://www.nbcnews.com/id/wbna11414093↩︎

  4. In response to the creation of a Hamas-dominated PA government, the U.S. adopted the Palestinian Anti-Terrorism Act of 2006 which limited all the different forms of U.S. aid until such time as Hamas met a list of terms.↩︎

  5. https://www.shabak.gov.il/media/l0xned0r/summary-2006.pdf↩︎

  6. Ibid.↩︎

  7. https://www.nbcnews.com/id/wbna19168118↩︎

  8. https://jcfa.org/understanding-abbass-decision-to-appoint-rawhi-fattouh-as-his-successor/↩︎

FAQ
When were the last Palestinian parliamentary elections held?
They were held in January 2006, resulting in a majority for Hamas in the Palestinian Legislative Council.
Why has there been no new election since then?
Political division, security concerns, institutional changes, and leadership decisions have prevented new parliamentary or presidential elections.
Who currently governs Palestinian territories?
Hamas controls Gaza, while Mahmoud Abbas and the Fatah-led Palestinian Authority govern parts of the West Bank.
What is the dispute over political legitimacy?
One side argues legitimacy comes from the last elections, while another emphasizes current control, international recognition, and rejection of armed groups.
What complicates future leadership succession?
Unclear succession rules, dissolved legislative bodies, overlapping institutions, and the potential participation of armed factions create legal and political uncertainty.

Lt.-Col. (res.) Maurice Hirsch

Lt.-Col. (res.) Maurice Hirsch served as Director of the Military Prosecution for Judea and Samaria. Since retiring from the IDF, Hirsch worked as the Head of Legal Strategies for Palestinian Media Watch, as a Senior Military Consultant for NGO Monitor, an advisor to the Ministry of Defense, and head of an advisory committee in the Ministry of Interior. Hirsch was the architect of the Israeli law that strips citizenship from Israeli terrorists who have been convicted for terror offenses, sentenced to a custodial sentence, and receive a payment from the Palestinian Authority as a reward for their acts of terror.
Share this

Invest in JCFA

Subscribe to Daily Alert

The Daily Alert – Israel news digest appears every Sunday, Tuesday, and Thursday.

Related Items

Stay Informed, Always

Get the latest news, insights, and updates directly in your inbox—be the first to know!

Subscribe to Jerusalem Issue Briefs
The Daily Alert – Israel news digest appears every Sunday, Tuesday, and Thursday.

Notifications

The Jerusalem Center
The Failures of French Diplomacy in Lebanon

Does Macron have such a short memory that he can forget the presence of Yasser Arafat and his terrorists in Beirut? Khomeini’s hateful propaganda in Neauphle-le-Château, near Paris?

12:07pm
The Jerusalem Center
This is How Hamas Opened a Front in Europe

Hamas and the Muslim Brotherhood identified Europe’s weak point. In a naivety mixed with stupidity, the continent’s leaders do not understand the principles of fundamentalist Islam – and we are paying the price for it. 

12:06pm
The Jerusalem Center
The Digital Panopticon: How Iran’s Central Bank Aims for Financial Legitimacy and Absolute State Control

The Digital Rial transitions the financial landscape from one where transactions can occasionally be tracked to one where they are always monitored, always recorded, and always subject to state intervention.

12:05pm
The Jerusalem Center
Why Saudi Crown Prince Mohammed bin Salman Is “Slow-Walking” Normalization With Israel

Trump seeks a historic achievement, but Riyadh is not willing to pay the price without a genuine settlement ensuring the establishment of an independent Palestinian state.

12:05pm
The Jerusalem Center
Between Hitler and Hamas: The Dangers of Appeasement and Genocidal Aggression
The past is never far away. The study of Hitler’s “whole method of political and military undermining” and today’s methods of Hamas raises an open question.
10:32am
The Jerusalem Center
Mamdani’s Triumph Is Likely to Embolden Leftists in the West
For European observers, in particular, the success of the Red-Green alliance in the New York City mayoral race should be a wake-up call.
 
10:31am
The Jerusalem Center
Christian Zionists: Civilization’s Defense Force in an Era of Existential Threat

The 700 million Christian Zionists worldwide constitute a force multiplier for Israel’s international security and diplomatic standing, and a powerful counterweight to delegitimization and defamation campaigns targeting the Jewish state.

10:30am
The Jerusalem Center
Tehran Under Pressure: Nuclear Escalation, Economic Strain, and a Deepening Crisis of Confidence

The Iranian leadership is struggling to stabilize its grip both internally and externally.

10:28am
The Jerusalem Center
The Black-Market Drain: How Illegal Crypto Mining Cripples Iran’s Electricity and Economy

The illegal crypto mining phenomenon in Iran is not merely a few isolated cases of law-breaking; it is an organized, large-scale black market enabled by highly subsidized energy prices.

10:26am
The Jerusalem Center
The Gaza Flotilla Is a Fraud

Far from a humanitarian mission, the latest 70-vessel spectacle on its way to Gaza from Italy is a costly act of political theater @FiammaNirenste1 @JNS_org

11:28am
The Jerusalem Center
The Assassination of Abu Obeida – Why Is Hamas Remaining Silent?

Senior Israeli security officials note that such silence is not new; Hamas often delays its statements following targeted Israeli assassinations, raising questions whether this stems from attempts to verify the information or from a deliberate strategy of ambiguity https://x.com/jerusalemcenter

11:25am
The Jerusalem Center
The Impact of Radical Legal Ideology: From the Classroom to the International Forum

Massive funding of Critical Legal Studies-style academic and extracurricular programs promotes anti-Western ideas and undermines international community institutions and legal conventions https://x.com/jerusalemcenter

11:23am

Close