Hamas is once again attempting to launder its record of terrorism through legal language, claiming a so-called “constitutional right” to govern Judea and Samaria. The claim, published in a Hamas manifesto in December 2025, is not only false but directly contradicted by Palestinian law, international agreements, and Hamas’s own actions over the past two decades.
There is no constitution, statute, or binding legal framework that grants Hamas the authority to rule Judea and Samaria. The claim collapses under even minimal scrutiny.
Hamas’s Electoral Claim Expired More Than a Decade Ago
Hamas’s argument rests on its 2006 victory in elections for the Palestinian Legislative Council (PLC), a body created under the Palestinian Basic Law. That election did not establish permanent rule. Under the Basic Law, the PLC serves a four-year term. The mandate of the Hamas-led PLC expired in 2010. No subsequent elections have been held.
Any residual claim Hamas once had through the ballot box ended years ago. That reality is not disputed, even within Palestinian legal institutions.
The Palestinian Authority Dissolved the Hamas-Led Legislature
The Palestinian Authority’s Constitutional Court formally dissolved the 2006 PLC, terminating its legal standing under Palestinian law. This decision stripped Hamas of any remaining institutional legitimacy tied to the legislative body it once controlled.
In other words, Hamas is not merely governing without elections. Its governing framework was explicitly dissolved by the very legal system it now claims to invoke.
Oslo Accords Govern Palestinian Self-Rule, and Hamas Rejected Them
The legal and political structure for Palestinian self-rule in Judea and Samaria was established under the Oslo II Accords, an agreement between Israel and the Palestine Liberation Organization. Hamas was not a party to the Accords and openly rejected them.
Rather than participate in the Oslo framework, Hamas chose violence. It carried out attacks against Israeli civilians while rejecting the negotiated process that governs Palestinian autonomy. By doing so, Hamas placed itself outside the legal architecture it now claims entitles it to rule.
Hamas Refuses to Recognize Israel, Disqualifying It from Governance
Recognition of the State of Israel is a foundational requirement for participation in the Oslo-based political system. Hamas has consistently refused to recognize Israel’s existence.
Senior Hamas leaders have repeatedly stated that recognition of Israel is “out of the question.” While Hamas has occasionally spoken of temporary truces, its leadership has made clear that such pauses do not constitute recognition or acceptance of Israel’s legitimacy.
This position alone disqualifies Hamas from lawful participation in any governing framework derived from the Oslo process.
Hamas’s Charter and Actions Define It as a Terror Organization
Hamas’s founding charter explicitly calls for Israel’s destruction through jihad and rejects negotiated peace. This ideological commitment is not theoretical. It has been operationalized through decades of attacks targeting Israeli civilians.
The October 7 massacre reinforced why Hamas is widely designated as a terrorist organization by the United States and other governments. Intelligence assessments and security analyses consistently conclude that Hamas operates as an armed extremist organization, not a legitimate political authority.
Senior Hamas officials have publicly vowed to repeat the October 7 attacks, declaring their intent to carry out additional massacres. These statements align with Hamas’s long record of violence and further undermine any claim to lawful governance.
Judea and Samaria Are Not “The West Bank” by Accident
Hamas’s manifesto refers to Judea and Samaria as the “West Bank,” a term that strips the region of its historic Jewish identity and reduces it to a geographic description relative to the Jordan River. Like the term “Palestine,” it is a political rebranding rather than a neutral legal designation.
The terminology does not change the facts on the ground or the legal reality governing the territory.
The Bottom Line: No Law, No Mandate, No Legitimacy
Hamas’s claim to a “constitutional right” to govern Judea and Samaria is legally baseless and historically false. Any electoral mandate expired years ago. Its legislative body was formally dissolved. It rejected the Oslo Accords, refuses to recognize Israel, and operates outside every legal framework governing Palestinian self-rule.
What remains is not a lawful government but an armed extremist organization that seeks power through violence, intimidation, and terror rather than law, consent, or constitutional order. Hamas is not a legitimate governing authority. It is a barbaric terror group attempting to disguise brutality as legality, and the record leaves no room for confusion.
