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July 10, 2007 |  7 comments |  Print | E-Mail Your Opinion  

How to Deal with Hamas

Matthew Levitt: I argue against reaching out to Hamas. The more pressing questions are those of humanitarian assistance, reform of Fatah, and the rule of law in Gaza.

Before Hamas took over the Gaza Strip, most Western powers adhered to three fundamental strategies when dealing with the group:

  • Meet with non-Hamas members of the Hamas-led National Unity Government, but not with members of Hamas. Each meeting would start and end with a firm demand that Hamas agree to the Quartet’s three basic principles:

1. Renunciation of terrorism and political violence
2. Respect for past agreements negotiated between the PA and Israel
3. Recognition of Israel

  • Work to find effective and transparent means to provide much-needed humanitarian assistance to Palestinians in such a way that it does not go through or benefit Hamas. Key to this effort was the quest to replace the EU’s Temporary International Mechanism (TIM), which has been extended to the point that there is little temporary about it.
  • Press upon Fatah the need to undergo critical reform to effectively compete with Hamas. It is largely true that Fatah lost the January 2006 election more than Hamas won it, yet Fatah strongmen have strenuously resisted efforts to reform the party. Today’s Fatah is still riddled with corruption and is now also tied to terrorism through the affiliated al-Aqsa Martyrs Brigades.

Now that Hamas has conquered Gaza and President Abbas has dissolved the Hamas-led government, these strategies must be revisited. Perhaps contrary to conventional wisdom, however, the critical questions today are a mere variation of those we faced before:

  • How to press Fatah to reform, when its heavyweights may believe that reform is no longer necessary, since Fatah is the only viable alternative to Hamas?
  • How can the international community prevent a humanitarian crisis in Gaza (and, to a much lesser extent, the West Bank) and provide aid while keeping it from Hamas?
  • Should the international community engage Hamas, recognizing that the group will continue to be a major player in the Palestinian arena? Or should Western governments shun the movement as long as it attempts to establish an Islamist Palestinian state through terrorism and political violence?

The West made a critical mistake when it welcomed Hamas to participate in democratic elections without demanding that it adhere to democratic principles. The electoral laws in most Western European countries would have barred Hamas, an extremist party, from running for political office. There are two things that can be done right now to prevent Hamas from smuggling material across the Egyptian border or transferring unlimited funds through its social service network.

First, Egypt must effectively police its border – above and below ground – with Gaza. Cairo has sidelined Hamas diplomatically and announced its opposition to the emergence of “Islamic Warlords” in Gaza. It needs to follow up on this rhetoric with a serious border patrol initiative, focused primarily on the eight mile long border with Gaza but not ignoring the much longer border with Israel between the Sinai and Negev deserts. Smugglers use this longer border to move weapons into the West Bank.

Second, while the US and EU have both designated all of Hamas – including its political and charitable wings – as a terrorist entity, neither has listed the many Hamas-controlled entities in the West Bank and Gaza Strip through which the movement traditionally receives funds raised in the Gulf, the US and Europe. Designating these Hamas-controlled charities, think tanks and societies as terrorist groups would prompt international banks to block such transactions. Recognizing this, President Abbas already ordered all private associations to apply for new permits in an effort to “dry up” Hamas funding. As long as its political and social wings are allowed to operate unhindered, Hamas will be able to fully fund all of its activities, including the militia and terrorist cells now carrying out attacks against Israelis and Palestinians alike.


Matthew Levitt is a senior fellow and director of the Stein Program on Terrorism, Intelligence, and Policy at The Washington Institute. Previously, he served as deputy assistant secretary for intelligence and analysis at the Treasury Department and is the author of Hamas: Politics, Charity, and Terrorism in the Service of Jihad .


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Oliver  Hauss

July 10, 2007

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As I argued elsewhere on the site, I think this is a recipe for disaster. At best, what it can achieve is the metamorphosis of the organization named Hamas into a new entity which would require the entire procedure to be repeated again and again and again and again ad nauseam. Hamas fulfills a demand. It is not a freak accident of nature, otherwise it would have vanished long ago. Not only is the course of action advised a doctoring on symptoms instead of treating the disease, it is counterproductive. Outlaw Think Tanks? On what basis? That the line of thought they advocate causes the death of many people? Should we then outlaw the Cato Institute and others as well, because their denial of global warming and the delay in quick and decisive action caused by the denial and lobbyism is likely to kill thousands eventually? If we "ban thought", how credible are we as advocates of a pluralistic society? Hamas has its supporters, and they won't just disappear even if Hamas was shunned, boycotted or ignored. Neither will their ideas and opinions.

The legal arguments are really a total disaster in my eye, as is the referenced article by your colleagues. It tears bits and pieces out of other nations' constitutions and chooses to ignore the rest because it doesn't fit the argument, it is a total confusion of electoral and constitutional law, fails to recognize the difference between domestic and international action based on simple issues of sovereignty, jurisdiction and applicability of constitutional standards. Worst of all, however, it calls for an abolishment of the separation of powers for the sake of banning Hamas.

How credible do you believe this will leave a nation?

The argument fails to realise why actually, German politicians are extremely hesitant to file for a ban of a group with the constitution court: A ban on a party or club won't make the people go away, it won't make the thoughts go away, it will, at best, disrupt their mode of interaction. However, at the same time, it can drive the people targeted towards a new mode of interaction that might be much harder to keep an eye on and more importantly, keep in check.
 
Valentina  Klausen

July 10, 2007

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Oliver,

thank you very much for your comment. I couldn't agree more. I think the major schism between the EU and the USA might be, and I hope I don't come off as too "anti-American", because I'm not in any sense, is how Europe is more likely to grant people their sovereignty. While this might at certain points drift into civil war (Yugoslavia, is only one example), I think its an understanding of people ruling themselves. I also would've hoped for Hamas not to win, but the Palestinian people voted on their behalf, hence I don't think the West can change their minds about it. If one where to "ban" think tanks, again Oliver, you're right, how would one? And even if accomplished they would indeed drift into the "underworld", where they couldn't be monitored whatsoever. Being a true democrat means accepting elections results which one might not like, I would've wished Schröder had never won, and the same can be said for Zapatero or Prodi or any "left" in Europe, but one just has to deal with it, and make sure the mistake doesn't happen again. Hamas was elected twice, so I guess the West needs to acknowledge it, and try to make the best out of the situation. I don't think we're in a position where we can decide what's good for other people, and what's not.
 
Philipp  Rock

July 10, 2007

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Valentina the only player in this game who is not recognising someone's sovereignty is Hamas, an organisation that has the destruction of Israel as its overarching and supreme goal. Of course one can ban think tanks if they promote extremist ideologies or incite violence. The German law has provision for the suppression of such ideologies and incitements it wouldn't be too hard to introduce analogue legislation in other places of the world.
 
Oliver  Hauss

July 10, 2007

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Philipp:

I don't think you realized what Valentina and I spoke off. First of all, German law places the decision on whether to ban an organization into the hands of the courts, NOT the government. As such, the German government can't "ban" Hamas any more than they can ban the NPD. The government would file for a ban and the judges in Karlsruhe would look at it and hand it back, refusing to accept it. They would rightly state that they have neither jurisdiction over Gaza nor over the West Bank nor indeed over any part of the Middle East. German law has provisions to ban such institutions, yes. But only WITHIN Germany. As for it "not being too hard to introduce analogous legislation in other places of the world, how do you intend to do so? Because the relevant "place of the world" is Gaza and the West Bank, and especially in Gaza, Palestinians are unlikely to decide on such legislation.

What the article misses completely that it is totally and utterly irrelevant what European law says on banning extremist parties when we're not talking about a place within Europe. The only thing european nations could possibly ban is existing local branches. For anything else, there is no authority whatsoever.
 
Morgan H Hoban

July 13, 2007

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I want to start by pointing out that the original piece does not advocate banning think tanks, or other organizations, simply for ideological support of causes and organizations that Western governments dislike. It advocates pursuing organizations, be they businesses, think tanks, etc. that give financial support to organizations that the Western governments are trying to isolate. I strongly agree that making it criminal to even lend intellectual support to certain causes leads down a road that I would hope few wish to travel.

As far as the situation with Hamas goes, I agree that banning them from the elections would not have been wise. If the west restricted who could run in elections with references to the laws of other nations (since to the best of my knowledge Palestinian law does disallow it), it would have given ammunition to those groups (like Hamas) who would have characterized the government as being hand selected and controlled by the west.

However, cutting off foreign aid from the Palestinian Authority when Hamas entered parliament does not interfere with the Palestinian's autonomy. The members of parliament were legitimately elected, but being legitimately elected does not automatically entitle a government to Foreign aid. If the stated goals of a majority party within a government are incongruous with a donor government's priorities (like Hamas' charter which includes the destruction of Israel as one of it's primary goals), then it can certainly withhold charity money. Other than withholding aid, the west has not directly interfered with anything the Palestinian Authority has done in it's operations.

Even if Hamas does fill a "demand", as Oliver said, it is has no inherent right to fiscal support from the west. As I said above, if the west does not want to finance extremism and terrorism against Israel, that is its autonomous right and prerogative.

By funding Fatah once a terrorist organization left it's ranks (leaving a government supported and endorsed by the Arab League), and continually striving to find ways to deliver humanitarian aid which bypassed Hamas, the west has shown that it shuns terrorism, not the Palestinian people themselves. It has also shown that it is forthcoming with aid to moderate governments that denounce violence. Granted, Fatah is no golden child. It's incompetence and in-fighting is what caused it to lose the election to Hamas in the first place, and has continually hampered it's ability to govern. But, it has taken that one step of denouncing violence which is all that is required for international support.

If Hamas languishes in Gaza and Fatah thrives with western support in the West Bank, it could send a powerful message about the relative virtues of moderate and extremist methods of pursuing statehood. A message that could get through to even those who create the demand for Hamas.
Tags: | Hamas |
 
Oliver  Hauss

July 16, 2007

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Morgan: "A message that could get through to even those who create the demand for Hamas."

Who's that? Hamas is certainly fuelled and supported by some to whom such a message could be targeted but the DEMAND is created by a whole lot more factors. It is created not the least by actions and inactions not just by Iran, Syria, Saudi Arabia, Egypt and all the othr usual suspects, but also both of Fatah and, yes, the Israeli government and the IDF. "If Hamas languishes in Gaza and Fatah thrives" is first of all tall words. It takes much, MUCH more for Fatah to thrive than just material support from the west. This was shown not the least through the port and airport facilities in Gaza paid for courtesy of the European Union. Successful commerce is dependant on the moving of people, goods and services, be it through the aforementioned facilities or any given road in the West Bank. As long as both commuting and delivering goods and services is a daily lottery as to if and if yes when you actually manage to reach your destination, there is no way for Fatah-led Palestinians to thrive.
Second, the question is whether the message sent will truly be one of the virtues of moderate methods, or if it will not be one of selling out to the highest bidder. Rather than teaching the merits of renouncing extremism, it could very well fuel envy and antagonism and notions of a lack of solidarity of west bank palestinians with their cousins in Gaza.

The best way to deal with Hamas, in my eyes, is to make all of the justifiable aspects it presents obsolete. If it is reduced solely to its destructive side, then its attraction will falter pretty quickly. Thus I suggest to NOT give aid solely to Fatah-led regions but especially to those led by Hamas, but not through Hamas as a channel. However, this will work solely if the measures are allowed to have a sustained effect . The key problem here, however -and this is the tough one- is that having such a sustained effect will only be possible by going there and maintaining a presence there and ultimately making yourself a target. But holding all of Gaza hostage regardless of whether an individual actually supports Hamas or not will only have one effect: Driving every single Palestinian in Gaza into the arms of Hamas, because Hamas will be the only channel of anything into Gaza, and no one who opposes them will endure in the long run.
 
Morgan H Hoban

July 20, 2007

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" 'If Hamas languishes in Gaza and Fatah thrives' is first of all tall words. It takes much, MUCH more for Fatah to thrive than just material support from the west."

I agree. "If" is the imperative term, especially when it comes to if Fatah will flourish. Even though they now have western funding, Fatah's legacy of past governance may persist, and cause them to squander another chance to prove themselves.

The Fatah government could also be that way to channel money into Gaza. At least publicly, the highly competent new Prime Minister has declared his intention to not fiscally abandon the Palestinians in Gaza, specifically to head off that Gaza-West Bank animosity you mentioned. Depending on how much you trust him, and his ability to get his government to enact his policies, the new government has the potential to be that Hamas bypassing conduit of funds. Gaza being economically cut-off completely is also unlikely because of what many commentators and analysts have pointed out: The Jewish new year is only about two months off, when the farmer’s fields must lay fallow. Agreements had been made to supplement the markets with produce from Gaza. Israel has an obvious incentive in regard to trade with Gaza.

My comments have been very conditional, and non-committal. This is because I do not possess the resources nor the knowledge to make a definitive prediction of what the new government will do.
 

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