Let us begin with the defense of the decision to support the new government
issued by the State Department:
“Deputy State Department spokeswoman Marie Harf
said...that the new government does not include any members of the Hamas
terrorist group.
"’It is not a government
backed by Hamas. There are no members of Hamas in the government,’ Harf told
reporters.”
Excuse me? The fact that Hamas has, very cleverly, withdrawn from
participation in this temporary government in no way means it is not a
government backed by Hamas. This is precisely what was anticipated: a
benign technocrat “front” government, with Hamas lurking behind the
scenes. Clearly, Hamas has signed on – not to what the government
ostensibly represents with regard to recognizing Israel, etc. But to allowing it
to function in the interim because it is expected to serve its own purposes down
the road.
~~~~~~~~~~
I would remind officials at State that Hamas prime minister Ismail Haniyeh
and his cabinet resigned to make way for this new government. The argument
that is it not “backed by Hamas” holds no water. This is no more than that
“fancy footwork” to which I have alluded, in this instance with the US doing the
dance.
Hamas’s short term goal: PA elections, in which it hopes to achieve
considerable success. Remember, the last time Hamas was permitted to run
in PA legislative elections, in January 2006, it emerged with a decisive
majority in the parliament.
Why, then, give a nod to an arrangement that again permits Hamas to
participate in elections? There is a folk saying that applies here: Once
burnt, twice shy. Going down this road once was not enough? It is
what led to Hamas control in Gaza.
To give Hamas electoral legitimacy now is to give it the opportunity to
seize control of the Palestinian Authority areas of Judea and Samaria (aka the
West Bank). Hamas leaders have been itching to do this, and the way they are
playing it, they anticipate that no forcible takeover would be required: it
would just come into their hands “legitimately.”
~~~~~~~~~~
Professor Ephraim Inbar, writing for BESA, concurs that in the present
circumstances “Hamas is gaining better access to the West Bank.” He
explains (emphasis added):
“...it is hard to believe that Hamas will give up
control over the Gaza Strip. The de facto statehood which Hamas enjoys is good
business, as it allows for the extraction of taxes and fees. In addition, it
serves the extremist Hamas ideology that demands building Islamist political
structures and keeping alive the military and theological struggle against the
unacceptable Jewish state. Hamas has made it clear that it has not
mellowed one bit on this issue. It also hopes to get a better foothold in the
West Bank to fortify its role in Palestinian society. Hamas seeks to emulate the
road taken by Hezbollah in gaining political hegemony in Lebanon while
maintaining a military force independent of the central
government.”
As long as there is a radical military force that exists outside of the
control of the government – as Hezbollah does in Lebanon – then, declares Inbar,
the chances for peace in the region and a stable Palestinian Arab society are
diminished. That’s pretty much a “no-brainer.” But, as you will see
below, there are multiple legal implications as well.
~~~~~~~~~~
Are American analysts missing this? Is the US simply naïve, hoping
against all logic for good results? There are some who might say so. But I
would most assuredly not be one of them. And I suspect that the number of
those who are able to believe this any longer has dwindled considerably.
Anne Bayefsky, Director of the Touro Institute, has it exactly right
(emphasis added):
“It is about time that pundits stop describing
President Obama’s foreign policy as weak. There is a straight line between
emboldening Syria’s Assad by calling him a reformer, Egypt’s Morsi a democrat,
Turkey’s Erdogan a friend, Iran’s Rouhani a moderate, and now a Palestinian
government that includes Hamas, a peace partner.“Monday's speedy announcement that the United States will work with and pay for a PLO-Hamas coalition government is a strong and predictable step in an alarming pattern...
”...Asked about
Hamas’ continued commitment to militarism, [State Department spokesperson] Psaki
responded ‘we’ll continue to evaluate the specifics here.’
“The specifics are simple. One more Jew-hating, Israel-bashing, American foe has been welcomed into Obama’s Islamist inner circle.”
“The specifics are simple. One more Jew-hating, Israel-bashing, American foe has been welcomed into Obama’s Islamist inner circle.”
~~~~~~~~~~
As to the illegalities of what is transpiring, they are happening at
multiple levels:
There are the Oslo commitments the PA/PLO made and which Abbas will not
honor now.
According to the Oslo 2 Accords (Article XIV (3)), "Except for
the Palestinian Police and the Israeli military forces, no other armed forces
shall be established or operate in the West Bank and Gaza Strip." See above with
reference to a separate, extra-governmental Hamas military force in
Gaza.
Interim Agreement of
1995, Chapter 2, Article XIV 4 outlines what weapons are permitted for the PA
police, etc. and rockets are not included.
The 1998 Oslo follow-up in the Wye Memorandum requires the PA to "establish and vigorously and continuously implement a
systematic program for the collection and appropriate handling of" illegal
weapons.
In the Note for the Record attached to
the Hebron accord, the Palestinian Authority reaffirmed its commitment to
"combat systematically and effectively terrorist organizations and
infrastructure."
That the PA/PLO ignores all of these commitments is hardly
surprising. We’d be foolish indeed to expect them to be honored. What is
troubling in the extreme is that the international community is content to turn
a blind eye here. PA officials never, but never, have their feet held to
the fire; the international community simply cuts them whatever slack is
necessary. For this willful lapse, international leaders have enormous
culpability.
~~~~~~~~~~
And then there is US law, which restricts aid from
going “to Hamas or any entity effectively controlled by Hamas, any power-sharing
government of which Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.”
This is from the 2006 Palestinian Anti-Terrorism
Act, and the 2012 approps bill.
This is where the Hamas deniability is significant, and where the State
Department pretends to buy into the notion that Hamas has no influence over/role
in establishing the new government.
~~~~~~~~~~
And then we have international law, which anti-Israel elements are so quick
to invoke improperly – making it up as they go along. This, however, is real and
legit:
Article 2 of UN Security Council Resolution 1373 of
September 2001, passed under Chapter VII, which means it is
binding on all member states, says, inter
alia:
“all States shall: (a) Refrain from providing any form of support, active
or passive, to entities or persons involved in terrorist acts...
(thanks to Salomon B.)
~~~~~~~~~~
Stay tuned...
~~~~~~~~~~
© Arlene Kushner.
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