Quarrel from the hut: the draft constitution of Palestine worsened the split between Fatah and Hamas

The publication of the first draft of the interim Constitution of Palestine provoked a political crisis. Fatah told Izvestia that the document was open for comment, but Hamas distanced itself from the process of its development and hindered the achievement of national unity. The Hamas leadership criticized the draft, saying that it does not take into account the conditions of occupation and is tailored to Israeli interests. At the same time, external pressure is increasing: the IDF is preparing a possible operation if the Palestinian factions in Gaza do not agree to lay down their arms.

Why is Hamas against the draft constitution of Palestine

The inter-Palestinian dialogue has been threatened with disruption amid a sharp escalation of disagreements between key political forces. The Fatah movement accused Hamas of undermining the national consensus and trying to politicize the situation around the draft interim constitution of Palestine. This was stated to Izvestia by the official representative of the movement, Abdel Fattah al-Dawla.

The reason for the conflict was the decree of Palestinian President Mahmoud Abbas on the publication of the first draft of the interim constitution. Citizens, political forces and the expert community have 60 days to submit suggestions and comments.

Palestinian President Mahmoud Abbas

Photo: TASS/Sergey Savostyanov

According to the published document, Jerusalem will be proclaimed the capital of the State of Palestine, its political, spiritual and cultural center, as well as a national symbol. At the same time, Jerusalem is declared the capital without specifying the "Eastern" one, since this would imply recognition of the division of the city and Israel's sovereignty over the western part. By the way, earlier, Ahmed Majdalani, a member of the executive committee of the Palestine Liberation Organization (PLO), told Izvestia that the draft constitution would fix the borders of 1967, that is, include the Gaza Strip and the West Bank, including East Jerusalem.

The draft constitution is aimed at legitimizing the structures of the Palestinian National Authority and the Palestine Liberation Organization, which contradicts the position of Hamas, which has strongly criticized.

Bassem Naim, a member of the Hamas political bureau, said the document was written under strong external influence and was in line with Israel's interests. He called the initiative a violation of the rights of the Palestinian people and an attempt by the national administration to maintain its own positions. "People under occupation do not write constitutions tailored to the occupier. We don't write the rules of life in prison," Naim said. The movement considers this project to be a tool for excluding Hamas from the political field, and not the basis of a future Palestinian state.

—Hamas has always been alien to all our principles and has not taken a single step forward to become an integral part of the process of drafting the Palestinian constitution and political system," Fatah spokesman Abdel Fattah al-Dawla told Izvestia. — It does not want any achievements related to the Palestinian National Authority. Any achievement in which it does not participate, it seeks to destroy.

Photo: Global Look Press/Majdi Fathi

The draft constitution was developed not by a narrow party, but with the participation of Palestinian experts, lawyers and public figures, while Hamas, according to him, deliberately distanced itself from the process and generally prevented the achievement of national unity.

Against this background, the constitutional process, conceived as a step towards reforming the political system and the possible return of the Palestinian Authority to Gaza, exacerbates the split, intensifying the confrontation between the two centers of power — in the West Bank and in the Gaza Strip.

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Can the war in Gaza resume

Meanwhile, there are growing calls in Israel to return to a military scenario in the Gaza Strip. According to the Times of Israel newspaper, in recent weeks, the IDF Southern Command has been developing plans for a series of operations in the exclave in case of a political decision to forcibly disarm Hamas.

The ceasefire plan reached in October with the mediation of the United States provides for the demilitarization of Gaza, including the disarmament of Hamas, as well as the phased withdrawal of Israeli troops from the strip. However, the mechanism of implementation of these agreements remains unclear. The prevailing opinion in Israeli political and military circles is that it will be impossible to deprive Hamas of weapons without military intervention by the army.

Photo: Global Look Press/Jinipix

Israeli Prime Minister Benjamin Netanyahu and US President Donald Trump have previously stated the need to eliminate the military potential of the group. The most radical position was taken by Israeli Finance Minister Bezalel Smotrich, who called for an ultimatum to be issued to the movement on disarmament and expulsion, and in case of refusal to launch a full-scale offensive to establish full Israeli control over Gaza. In these circumstances, the disagreements over the constitutional draft only increase the vulnerability of the Palestinian political system against the background of increasing external pressure.

In the event of a resumption of hostilities, the clashes may turn out to be more widespread and intense than in previous rounds of the conflict, this time the Israeli forces will not be deterred by the presence of hostages in the Gaza Strip.

Photo: REUTERS/Haseeb Alwazeer/File Photo

Mohammed al-Masri, a security expert, believes that the risk of renewed fighting in Gaza is high, since the current truce is largely tactical in nature. According to him, the absence of a political process, an agreed mechanism for governing Gaza and a unified Palestinian position makes military escalation almost inevitable.

— Israel is trying to use the use of force scenario as an instrument of pressure, whereas Hamas, in conditions of internal isolation, is unlikely to voluntarily disarm. In this configuration, any pause in hostilities remains fragile and can be disrupted at the first serious political or military trigger," the expert told Izvestia.

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Israel also believes that in the absence of harsh pressure, the movement will retain control over the Gaza Strip, continue to restore military capabilities and strengthen power in the territories under its control.

Photo: TASS/DPA/Ilia Yefimovich

The New York Times newspaper, citing sources, reported that the United States may demand the transfer of all weapons capable of striking Israel, but is ready to turn a blind eye to the presence of small arms for a while.

Against the background of the threat of renewed hostilities in Gaza, Russia is strengthening its role. According to Russian Ambassador to Israel Anatoly Viktorov, negotiations are underway with Tel Aviv and the Peace Council on the deployment of a mobile hospital with Russian equipment and doctors. The statement was made against the background of preparations for the first meeting of the "Peace Council" on February 19 in Washington, where a plan for the restoration of the exclave will be discussed. At the same time, the Russian side will not be represented at the meeting yet, and work continues on shaping Moscow's position on this structure.