The Palestinians Imaginary State...

The Palestinians are not ready for statehood...

Unlike the two Palestinian entities that already exist, either of which could be recognized as a Palestinian state because they seem to fulfill the legal requirements, the Palestinian entity that a General Assembly majority will recognize as a state this September does not actually exist on Earth. It is imaginary and aspirational, not real. And it does not meet the legal requirements.

First, it will have two rival presidents pursuing incompatible policies. Mahmoud Abbas is presenting himself as the president of the Palestine that is pressing the claim in the U.N. General Assembly, but he is not considered to be the president anymore by Hamas, the largest political party in the putative state. And Hamas has Palestine's own laws on its side in this dispute. Abbas was elected in 2005 to serve until January 2009, so his term has expired. In 2009, he unilaterally extended his term for another year until January 2010 (an extension that also has expired), but that extension did not adhere to Article 65 of the Palestinian constitution, the Basic Law. Hamas, which controls a majority in the now defunct Palestinian Legislative Council (PLC), opposed the extension. According to Article 65 of the Basic Law, the legally empowered president of Palestine, since January 2009, has been PLC Speaker Abdel Aziz Dweik, a deputy representing Hamas. Palestine's ruling party, Hamas, considers Dweik, not Abbas, to be the legal president of Palestine, and it has a strong case.

Second, the Palestine that the General Assembly will recognize also will have two rival prime ministers pursuing incompatible policies. Hamas denies that Abbas has the authority to appoint Salam Fayyad as prime minister, because Abbas is not legally the president of Palestine under Article 65 and because Fayyad has not been empowered as prime minister by the Palestinian Legislative Council as required by Article 66 of the Basic Law. Neither his first appointment, on June 15, 2007, nor his reappointment on May 19, 2009, was confirmed by the PLC as required. Hamas, which controls the majority in the PLC, considers the legal prime minister of the Palestinian Authority to continue to be Ismail Haniyeh, a senior political leader of Hamas. Haniyeh was empowered by the PLC to be prime minister of Palestine in February 2006. Abbas dismissed Haniyeh from the office on June 14, 2007, after the Gaza coup, but Haniyeh counters that this decree violated articles 45, 78, and 83 and that he continues to exercise prime ministerial authority under Article 83. The PLC also continues to recognize Haniyeh's authority as prime minister. Here again, Hamas has the law on its side.

Third, this putative state of "Palestine" will also have a legislature that never meets. Elected on Jan. 25, 2006, for a term of four years, the PLC has enacted no laws, passed on no ministers, and conducted no meetings since 2007. Instead, Abbas says, "It is my right as a president to legislate laws and decisions that are called decrees. These decrees are legal, as long as the Palestinian Legislative Council (PLC) is not able to convene."