Is Recognition Of Israel Required Of Hamas--But Not Abbas?

On March 6, 2006, the Palestinian Anti-Terrorism Act of 2006 was introduced in the Senate. In December 2006, it was signed into law by President Bush.

According to the text, Hamas is required to recognize Israel:

SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.

(a) Limitation- Assistance may be provided under this Act to the Hamas-controlled Palestinian Authority only during a period for which a certification described in subsection (b) is in effect.
(b) Certification- A certification described in subsection (a) is a certification transmitted by the President to Congress that contains a determination of the President that--

(1) no ministry, agency, or instrumentality of the Palestinian Authority is effectively controlled by Hamas, unless the Hamas-controlled Palestinian Authority has--

(A) publicly acknowledged the Jewish state of Israel's right to exist; and...

Not only is Hamas required to recognize Israel, but it may even be implied that Israel be recognized as a Jewish state.

But no such requirement is made of the Palestinian Authority:

SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.

(a) Declaration of Policy- It shall be the policy of the United States--

(1) to support a peaceful, two-state solution to end the conflict between Israel and the Palestinians in accordance with the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the `Roadmap');
(2) to oppose those organizations, individuals, and countries that support terrorism and violently reject a two-state solution to end the Israeli-Palestinian conflict;
(3) to promote the rule of law, democracy, the cessation of terrorism and incitement, and good governance in institutions and territories controlled by the Palestinian Authority; and
(4) to urge members of the international community to avoid contact with and refrain from supporting the terrorist organization Hamas until it agrees to recognize Israel, renounce violence, disarm, and accept prior agreements, including the Roadmap.

While US assistance to the Palestinian Authority is clearly predicated on the rule of law and on putting an end to both terrorism and incitement, there is no mention of recognizing Israel.

One would assume that if recognition of Israel is required of Hamas, it would be required of the Palestinian Authority--and Abbas--as well, but there is no explicit mention of that.

The reason for the apparent discrepancy is the change in the political reality in the West Bank and Gaza after the Palestinian Anti-Terrorism Act of 2006 became law. In 2006, Hamas was the dominant party in the PA legislative council. Therefore, the bill addressed Hamas as the governing party of the PA--and by extension to the PA too at the time. The Hamas coup in 2007 changed the political situation, but that bill is still law.

In any case, Secretary of State Hillary Clinton this year made a point of mentioning explicitly that the Palestinian Authority must recognize Israel--in April she told the House Appropriations Subcommittee on State, Foreign Operations and Related Programs:

We will only work with a Palestinian Authority government that unambiguously and explicitly accepts the Quartet’s principles: A commitment to nonviolence, recognition of Israel, and acceptance of previous agreements and obligations, including the Road Map

What Clinton leaves out is that recognition is not a favor Abbas and the PA is doing Israel, but rather is required by US law--and that US aid to the West Bank is in fact contingent on such recognition.

While it is true that the bill allows the President to waive such a requirement, if Obama really feels that Abbas is not fulfilling what the bill requires of him, yet nevertheless feels that US should continue to the West Bank--let Obama say this publicly, and explain why such a requirement is so unimportant in his eyes.

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