HAMAS, THE PALESTINIAN AUTHORITY, AND THE CHALLENGES OF POST-WAR GOVERNANCE IN GAZA

Abstract

This contribution examines the legal status of Hamas and the prospects for post-war governance in the Gaza Strip, arguing that although the international community seeks Hamas’s disarmament and the transfer of public authority, Hamas might likely to continue governing Gaza. The study demonstrates that Hamas constitutes a sui generis actor, exercising de facto political, administrative, and military control without seeking to establish an independent state. Its classification is assessed against categories such as national liberation movements, insurgents, belligerents, and terrorist organizations, highlighting its partial legitimacy, territorial control, and limited international engagement. The paper further analyses Palestinian reconciliation efforts, including the Beijing Declaration (2024), and President Abbas’s 2025 UN statements, as well as Israeli population-concentration plans and the 20-point White House peace proposal, considering international humanitarian law, governance feasibility, and security considerations. While initial ceasefire measures and humanitarian interventions produced success, uncertainty remains regarding Hamas’s willingness to disarm and transfer authority, as well as the establishment of a unified Palestinian administration. The paper concludes that these uncertainties challenge the full implementation of the peace plan, and that ongoing Hamas governance in Gaza may hinder Palestinian statehood and regional security, making the long-