HAMAS PERPETUAL HOSTILITY TOWARD ISRAEL

Transcription

1 HAMAS PERPETUAL HOSTILITY TOWARD ISRAEL INTRODUCTION The two largest Palestinian groups that represent the Arabs of Palestine are Fatah1, the political arm of the Palestine Liberation Organisation (PLO)2, and Hamas3, the Islamic Resistance Movement4, an off-shoot of the Muslim Brotherhood5. As of the last free Palestinian presidential election6, Fatah s candidate for President, Mahmoud Abbas (a.k.a., Abu Mazen), was elected President of the Palestinian Authority (PA)7, while Hamas candidates won a majority of the legislative seats in the 2006 parliamentary election8. As a result, for the last several years, Fatah and Hamas have been competitors, whose respective followers have attacked each other9. In fact, in 2007, Hamas simply assumed total control in the Gaza Strip and has held total power there ever since10. Moreover, while Fatah has publicly renounced resorting to violence in pursuit of an agreement with Israel11, Hamas has not. In fact, the Hamas Charter declares violence to be a legitimate means to use against Israel12. Even following the recent creation of the joint Fatah-Hamas government, Hamas 1 Jonathan Masters, Hamas, COUNCIL ON FOREIGN RELATIONS (24 Nov. 2012), p Palestinian Liberation Organisation, PALESTINEUN.ORG, 3 Masters, supra note 1. 4 Hamas, an acronym for Harakat al-muqawana al-islamiya, which translates to Islamic Resistance Movement, is the largest and most influential Palestinian militant movement. Masters, supra note 1. 5 See The Covenant of the Islamic Resistance Movement Hamas, art. 2 (1988) [hereinafter Charter] (stating that the Islamic Resistance Movement is one of the wings of the Muslim Brotherhood in Palestine ), available at 6 The last Palestinian presidential election took place in Hugh Naylor, Palestinian elections delayed by Fatah-Hamas bickering, THE NATIONAL (9 Mar. 2012), 7 Abbas achieves landslide poll win, BBC (10 Jan. 2005), 8 Naylor, supra note 6. 9 Id. 10 Donald Macintyre, The state of Gaza: Five years after Hamas took power in the city, how has life changed for its citizens?, THE INDEPENDENT (10 June 2012), 11 Gaza E.R.: Fatah vs. Hamas, PBS (14 Aug. 2007), 12 See Charter, supra note 5, arts. 7, 12, 13. 1

2 operatives continue to either fire or permit others to fire rockets indiscriminately into southern Israel 13. HAMAS Hamas is one of the wings of the Muslim Brotherhood 14. It was established on the eve of the 1987 intifada 15 in December 1987 by Sheikh Ahmed Yassin and Mahmoud Zahar with one specific purpose to eliminate Israel and return all of Palestine to Islamic control, rais[ing] the banner of Allah over every inch of Palestine 16. Sheikh Yassin, a Muslim Brotherhood activist in Cairo, was a spiritual leader who founded the Islamic Center (al- Mujamma al-islami) in 1973 to coordinate the Brotherhood s political activities in Gaza 17. In December 1987, Yassin founded Hamas as the Brotherhood s local political arm 18. At the founding, Zahar proclaimed that Hamas purpose was [to] liberat[e] Palestine from Israeli presence 19. Shortly after its founding, the group published its covenant (also called the Hamas Charter) in 1988, stating its purpose in detail. The Hamas Charter opens with verses from the Quran (3: ): [Y]ou [Muslims] are the best nation that has been brought out for mankind. You command good and forbid evil and believe in Allah. If only the people of the Book [i.e., Jews and Christians] had believed, it would have been well for them. Some of them believe, but most of them are iniquitous [evil]. 20 The Charter then proclaims: Israel will exist, and will continue to exist, until Islam abolishes it 21. The entire Hamas Charter, from its preamble to the last article, pursues only one purpose: the violent elimination of Israel! Hamas puts no stock in peace negotiations. Its Charter states that so-called peace solutions and conferences are nothing but a way to give the infidels power of arbitration over Muslim land 22. The Charter declares that [t]here is no solution to the Palestinian problem except by jihad 23. As reflected in its Charter and actions, jihad here does not mean spiritual struggle. In the Preamble, Hamas commits to join[] arms with all those who wage jihad for the liberation of Palestine 24. It states, our fight with the Jews is very extensive and very grave, and it requires all the sincere efforts.... [B]rigades upon brigades from this vast Islamic world [must be reinforced], until the enemies are defeated and Allah s victory is 13 Tom Watkins et al., Violence flares again in Gaza, southern Israel, CNN WORLD (14 Mar. 2014), 14 Charter, supra note 5, art Intifada is an Arabic word for civil uprising that literally means shaking off. The First Intifada, MA AN NEWS (16 Aug. 2009), 16 See Charter, supra note 5, art Masters, supra note Id. 19 Charter, supra note 5, intro. 20 Charter, supra note 5, intro (quoting the Quran (3: )). Some translations of the Hamas Charter translate the word iniquitous as evil. Abdullah Yusuf Ali translates this word as perverted transgressors in his translation of the Quran. 21 Charter, supra note 5, intro. (quoting Hasan al-banna, founder of the Muslim Brotherhood in 1928 and Director General until his assassination in 1949). 22 Charter, supra note 5, art Id. 24 Charter, supra note 5, pmbl. 2

3 revealed 25. Consistent with the Charter, Hamas, through its military wing, the Izz al-din al- Qassem Brigades, has conducted numerous suicide bombings, rocket attacks, and shootings against Israeli targets 26. Because under Sharia (Islamic law), any land that is once conquered for Islam remains a Muslim land held in waqf (i.e., land given as endowment for all generations of Muslims until the Day of Resurrection ) 27, the Hamas Charter calls the existence of the Jewish state on formerly held Muslim land a Zionist invasion 28. It, therefore, pledges to wage jihad in the face of the oppressors, in order to deliver the land and the believers from their filth, impurity, and evil 29 in order to [return the homeland to its rightful owner] and to raise the banner of Allah over every inch of Palestine 30 no matter how long it takes 31. Quoting a popular hadith 32, the Charter goes on to state that [t]he hour of judgment shall not come until the Muslims fight the Jews and kill them, so that the Jews hide behind trees and stones, and each tree and stone will say: Oh Muslim, oh servant of Allah, there is a Jew behind me, come and kill him 33. Thus, from its inception, Hamas has relentlessly attacked Israelis in accordance with its stated purpose and Islamic teachings 34. Western entities, including the United States, the European Union, Canada, and Israel have declared Hamas to be a terrorist organisation 35. The United States officially designated Hamas as a Foreign Terrorist Organisation on 8 October On 21 December 2001, the European Union adopted a measure to combat terrorism that listed Hamas-Izz al-din al- Qassem among its recognised terrorist groups 37. Despite Hamas terrorist reputation, however, it maintains significant popular support because of its involvement in a broad network of Dawa or ministry activities 38. Hamas donates a significant portion of its estimated $70 million annual budget to social establishments as varied as food banks, schools, medical clinics, and sports leagues 39. According to Israeli scholar Reuven Paz, approximately 90 percent of its work is in social, 25 Id. 26 Country Reports on Terrorism 2011, Chapter 6, Foreign Terrorist Organizations, OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM (31 July 2012), 27 Charter, supra note 5, art Id., art Id., art Id., art Id., art An Hadith is a recorded statement of a sunnah (Prophet Muhammad s sayings or actions). 33 Charter, supra note 5, art See supra text accompanying notes Masters, supra note Country Reports on Terrorism 2011, supra note 26. ( Designated as a Foreign Terrorist Organization on October 8, 1997, Hamas possesses military and political wings and came into being in late 1987 at the onset of the first Palestinian uprising, or Intifada, as an outgrowth of the Palestinian branch of the Muslim Brotherhood.). 37 Council Common Position 2003/651/CFSP of 12 September 2003 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2003/482/ CFSP, (listing Hamas (including Hamas-Izz al-din al-qassem) among Groups and Entities defined as terrorist organisations); see also Anton La Guardia, Hamas is added to EUs blacklist of terror, TELEGRAPH, news/worldnews/middleeast/israel/ /hamas-is-added-to-eus-blacklist-of-terror.html. 38 Country Reports on Terrorism 2011, supra note Masters, supra note 1. 3

4 welfare, cultural, and educational activities 40. Hamas uses these social programs to spread its doctrine of hatred toward Israel, for example, by publishing textbooks that refuse to recognize Israel s existence and call Zionism a racist movement bent on driving Islam from the Middle East 41. Hamas-written textbooks are used in government schools where they are read by over 55,000 children in eighth, ninth, and tenth grade 42. HAMAS RELATIONSHIP WITH THE PLO Fatah is a secular group that was founded by Yasser Arafat in the 1950s 43. Its existence and purpose were based on the ideas that the Palestinian Arab people possess the legal right to their homeland and that armed struggle is the only way to liberate Palestine 44. In 1969, Arafat became chairman of the PLO s executive committee, an event that transformed Fatah from a resistance group [in]to a legitimate political party and the largest faction within the PLO 45. For decades, the PLO led the Palestinian fight to liberate Palestine from the Zionist invasion 46. Once it determined that the military option was not succeeding, the PLO in 1993 recognised Israel s right to exist in pursuit of a two-state solution with Israel 47. Hamas, however, has refused to follow the PLO in recognising Israel and has vowed to continue the resistance 48. Arafat and Fatah then headed the PA, but following unsuccessful peace talks and Arafat s death in 2004, a rift developed between the PLO s old guard of Arafat confidants and the new guard, members of the next generation who sought to gain leadership positions for themselves 49. As Fatah experienced internal strife, Hamas defeated Fatah in the 2006 parliamentary election and gained control of the Gaza Strip the following year 50. In recent years, Fatah and Hamas have engaged in periodic efforts to form a unified Palestinian government in the hope that political unity would benefit both parties and possibly result in the fringe benefit of Egypt opening its borders to the passage of fuel and other necessities into Gaza 51. HAMAS HAS CARRIED OUT NUMEROUS ATTACKS AGAINST ISRAEL IN ACCORDANCE WITH ITS STATED PURPOSE 40 Id. 41 Fares Akram & Jodi Rudoren, To Shape Young Palestinians, Hamas Creates Its Own Textbooks, N.Y. TIMES (3 Nov. 2013), 42 Id. 43 Gaza E.R., supra note FATEH Constitution, arts. 2, 17, available at see also PLO Charter, arts. 3, 9, (1968) available at 45 Gaza E.R., supra note FATEH Constitution, supra note 44, arts. 7, 8; see also PLO Charter, supra note 44, arts. 15, Gaza E.R., supra note Andrew Higgins, How Israel Helped to Spawn Hamas, WSJ (24 Jan. 2009), news/articles/sb Ben Lynfield, Make Way, Fatah Young Guns Tell Arafat Generation, THE INDEPENDENT (4 Aug. 2009), html; see also Profile: Fatah Palestinian Movement, BBC (4 Aug. 2009), 2/hi/middle_east/ stm. 50 Gaza E.R., supra note 11; see also Lynfield, supra note Masters, supra note 1; see also Richard Falk, Preparing the Path to a Just Peace for Palestine/Israel, FOREIGN POLICY JOURNAL (17 June 2014), 4

5 Since it was established in December 1987, Hamas has opposed any political compromise with Israel and has continued to attack Israel via suicide bombings and rocket attacks. These attacks are carried out by Hamas military, the Izz al-din al-qassem Brigades. Their attacks against Israelis in Gaza continued steadily until 2005 when Israel pulled out of the Gaza Strip 52. After Hamas took over Gaza in 2006, the Brigades transformed from an underground guerilla organization into a uniformed military force designed to protect Gaza from outside attack 53. In 2009, the International Crisis Group 54 estimated the Brigades as having between 7,000 and 10,000 full time members, with over 20,000 members in reserve 55. Rather than protect Gaza from outside attack, Hamas main military tactic since taking over Gaza has been an increased firing of rockets and mortars from the territory at Israeli territory 56. These rocket attacks have frequently landed in Israel s border towns, resulting in occasional deaths and less serious injuries. It is estimated that Hamas carried out the killing of more than 400 Israelis between 1993 and The Israel Defense Force claims that terrorists (including, but not limited to, Hamas) have fired over 8,000 rockets into Israel, killing 44 Israelis and injuring more than 1,600 during the period between 2005 and Although such attacks have been separated by periods of temporary calm, Palestinian terrorist groups have persisted in launching rockets into Israel, often in spite of cease-fire agreements 59. Israel has recognized that groups other than Hamas have participated in the attacks, but Israeli Prime Minister Benjamin Netanyahu has stated that, because Hamas exercises full control of Gaza, Israel holds Hamas responsible for all the attacks launched on [Israel] 60. Some notable Hamas or Hamas-supported attacks and positions include the following: Hamas carried out its first suicide bombing in April 1993, and only months later, Hamas publicly condemned the Oslo Accords, an historic pact that had been agreed to by both Israel and the PLO Masters, supra note 1; see also Bryony Jones, Q&A: What is Hamas?, CNN (24 Nov. 2012), 53 Jones, supra note The International Crisis Group is an independent, non-profit, non-governmental organisation committed to preventing and resolving deadly conflict. Its staff publishes reports and briefings that give policy recommendations regarding over 50 conflict and potential conflict situations that are monitored by its field agents. About Crisis Group, INTERNATIONAL CRISIS GROUP, 55 Jones, supra note Masters, supra note Jim Zanotti, Hamas: Background and Issues for Congress, CONGRESSIONAL RESEARCH SERVICE (2 Dec. 2010), 58 Masters, supra note 1 (citing Rocket Attacks on Israel From Gaza, ISRAEL DEFENSE FORCES, facts-figures/rocket-attacks-toward-israel/). 59 Sara Sidner, First rocket fired from Gaza into Israel since November cease-fire, CNN (26 Feb. 2013), see also Calm elusive as rockets rain in Gaza, Israel, CNN (21 Nov. 2012), (Hamas repeating its refusal to recognize Israel s right to exist). 60 Israel blames Hamas for all attacks from Gaza, AL JAZEERA (27 Dec. 2013), middleeast/2013/12/israel-blames-hamas-all-attacks-from-gaza html. 61 Masters, supra note 1. 5

6 Hamas claimed responsibility for its first suicide bombing directed at Israeli civilians on 6 April The bomber in Afula killed eight civilians and wounded Only one week later, Hamas claimed responsibility for a suicide bombing on a crowded bus, an attack that killed 5 Israeli civilians and wounded 30 others 64. On 19 October 1994, a Hamas suicide bomber detonated a bomb while on an Israeli passenger bus in Tel Aviv, killing 22 civilians and wounding another Another Hamas suicide attack on an Israeli bus happened on 9 April 1995, when the attacker rammed his bomb-rigged car into the bus, causing an explosion that killed 8 and injured In a nine-day span between February and March 1996, Hamas carried out four separate suicide bombings that killed a total of 61 Israeli citizens and injured 234 others 67. On 30 July 1997, two Hamas suicide bombers detonated bombs in a Jerusalem open-air market, killing 14 civilians and wounding another On 4 September 1997, three Hamas bombers detonated nail-bombs on Ben Yehuda Street, a crowded Jerusalem thoroughfare, killing 8 and injuring over 150 others 69. On 1 June 2001, a suicide bomber detonated his bomb outside a Tel Aviv discotheque, killing 21 teenagers and wounding 120 others 70. A Hamas suicide bomber killed 15 Israelis inside a Jerusalem restaurant, including an Israeli family with three children, provoking mourners to call Hamas campaign of violence a Holocaust JOE STORK, ERASED IN A MOMENT: SUICIDE BOMBING ATTACKS AGAINST ISRAELI CIVILIANS 66 (Hanny Megally ed., 2002). 63 Id. 64 Clyde Haberman, 5 Killed in Israel as Second Bomber Blows up a Bus, N.Y. TIMES (14 Apr. 1994), 65 One Victim Survives Her 2d Bus Bombing, N.Y. TIMES (25 July 1995), /07/25/world/one-victim-survives-her-2d-bus-bombing.html. 66 Elaine Ruth Fletcher, Terror deals a blow to Mideast peace, SFGATE (10 Apr. 1995), news/article/terror-deals-a-blow-to-mideast-peace php. 67 Serge Schmemann, Bombing is Israel: The Overview; 4th Terror Blast in Israel Kills 14 at Mall in Tel Aviv; Nine-day Toll Grows to 61, N.Y. TIMES (5 March 1996), suicide&st=cse&pagewanted=print killed in Jerusalem suicide bombings, CNN (30 July 1997), jerusalem.noon/ : Suicide bombings put peace visit in doubt, BBC (4 Sept. 1997), onthisday/hi/dates/stories/september/4/newsid_ / stm. 70 Tel-Aviv suicide bombing at the Dolphin disco June 1, 2001, ISRAEL MINISTRY OF FOREIGN AFFAIRS (2 June 2001), Dolphin %20disco%20-%201-.aspx. 71 This isn t a funeral. It s a holocaust, THE GUARDIAN (10 Aug. 2001), world/2001/aug/11/israel. 6

7 A series of suicide bombings, including another bombing at the Ben Yehuda Street pedestrian mall, over the weekend of 1 December 2001, killed 25 people and wounded over A suicide bombing carried out by the Izz al-din al-qassem Brigades killed 11 people and injured 54 at a Jerusalem café 73. One of the deadliest attacks was carried out on 27 March 2002 when a suicide bomber entered the dining room of the Park Hotel in Natanya, Israel, and detonated his explosives amidst 227 guests who were eating their Seder meal. The Passover attack killed 30 Israelis and left 143 wounded 74. A May 2002 Hamas suicide bombing at a billiards hall in Rishon LeZion killed 15 and injured another Hamas claimed responsibility for using a bomb packed with ball bearings in a suicide attack on 18 June 2002 that killed 19 bus passengers, including an eleven year-old girl 76. In 2003, Hamas targeted a Haifa bus in a suicide attack that killed 15 and wounded another 40, many of them students at Haifa University 77. A second Hamas bus bombing in 2003 killed 17 and injured over 100 others 78. Hamas killed 24, many of them were infants and children, and injured over 100 in its third bus bombing of On 29 September 2004, a Hamas militant fired a Qassam rocket into Israel, killing two children aged 4 and A Palestinian gunman carried out a shooting at a Jerusalem seminary in March 2008, killing eight students and wounding nine others 81. A Hamas spokesman called it a heroic operation Bomb Blasts Kill Scores in Israel, FOXNEWS.COM (2 Dec. 2001), /12/02/bomb-blasts-kill-scores-in-israel/. 73 Suzanne Goldenberg, Bombing Shatters Illusions in an Oasis of Civility, THE GUARDIAN (10 Mar. 2002), 74 Alleged Passover Massacre Plotter Arrested, CNN (26 Mar. 2008), WORLD/meast/03/26/israel.hamas/. 75 Matthew Kalman, Israel Vows to Hit Back After Suicide Bomb Kills 15, DAILY MAIL, 76 James Bennet, Suicide Bomber Hits Jerusalem Bus, Killing at Least 18, N.Y. TIMES (19 June 2002), 77 Conal Urquhart, Israel Attacks Gaza as Bus Bomb Kills 15, THE GUARDIAN (6 Mar. 2003), 78 Suicide Blast Hits Jerusalem Bus, BBC (11 June 2003), 79 James Bennet, Bombing Kills 18 and Hurts Scores on Jerusalem Bus, N.Y. TIMES (20 Aug. 2003), 80 Israel Kills Hamas Militant Blamed for Deadly Rocket Attack, L.A. TIMES (10 Oct. 2004), 81 Eight killed at Jerusalem School, BBC (7 Mar. 2008), 82 Id. 7

8 During the 22 days of Operation Cast Lead, Palestinian militants fired 571 rockets and launched 205 mortar shells into Israel, killing three civilians and causing severe injuries to four people, moderate injuries to 11, and light injuries to 167 others 83. Hamas launched an anti-aircraft missile at an Israeli school bus moments after it had dropped off most of the students. The one remaining passenger, 16 year-old Daniel Viflic, died in the explosion 84. On 12 June 2014, three teenage Israeli students were kidnapped from the West Bank, an action that Prime Minister Netanyahu blamed on Hamas 85. President Mahmoud Abbas of the PA condemned the kidnapping and vowed to hold the perpetrators responsible 86. A Hamas spokesman, however, responded by calling the Israeli accusation stupid and saying that Abbas statements harm the Palestinian reconciliation and they are against the Palestinian consensus 87. CONCLUSION From its founding, Hamas has steadfastly refused to recognise the existence of the State of Israel. It has also refused to enter into any form of peace negotiation with Israel, choosing instead to pursue a campaign of violence against Israel. Consistent with its charter, Hamas has carried out numerous attacks against Israeli citizens civilians and military alike. The Hamas Charter sets the group s goal to eliminate Israel through violence, and their pursuit of that goal continues unabated today. Further, Hamas has consistently opposed the PA s cooperation with Israel, the recent kidnapping controversy serving as another indicator that the current cooperation between Hamas and the PA may be short-lived. 83 AMNESTY INTERNATIONAL, ISRAEL/GAZA OPERATION CAST LEAD : 22 DAYS OF DEATH AND DESTRUCTION 66, available at, e633a/mde en.pdf (citing the Israel Ministry of Defense). 84 Boy Hurt in Gaza Rocket Attack on Israeli Bus Dies of His Wounds, HAARETZ (17 Apr. 2011), see also Foreign Secretary Statement on the Death of Daniel Viflic, FOREIGN & COMMONWEALTH OFFICE (17 Apr. 2011), 85 Karl Vick, Israel Holds Breath Over Three Teens Kidnapped on West Bank, TIME (17 June 2014), 86 Isabel Kershner, Palestinian Leader Pledges to Hold Abductors of Israeli Teenagers to Account, N.Y. TIMES (18 June 2014), -of-israeli-teenagers.html. 87 Id. 8