Can Israel Overthrow the Hamas Government?
Point of View | 37
The arrest of the Hamas ministers and the military raid on the Hamas' social welfare system ("Dawah") may imply that Israel is aiming to overthrow the Hamas (Benn, Ha'aretz, 6/30/06; Rubinstein, Ha'aretz, 7/3/06).
Re'ut Institute contends that there may not be a constitutionally viable way to overthrow Hamas, and therefore, Israel's actions may result in total paralysis of the Palestinian Authority (PA).
What is the Issue?
According to the Palestinian Basic Law, an absolute majority of members of the Palestinian Legislative Council (PLC) is required to both approve and disband the government.
The Basic Law provides no mechanism for dissolving the PLC. The PA President can only dismiss the government.
Hence, in light of the Hamas predominance in the PLO, it is clear that any "next government" in the PA will depend upon Hamas support.
Therefore, aside from voluntary resignation of Hamas from the PLC, there is no constitutionally viable way to prevent Hamas' participation in the political system of the PA.