To Be or Not to Be: The Hamas Dilemma in International Law and Community

This chapter explores the international decisions concerning Hamas, emphasizing the overlap between international law and the international community. It discusses the position of non-state actors in international law, arguing that Hamas’s dilemma manifests in its recognition only as a non-state actor, which complicates its status and fuels its contentious legitimacy within the international community. The chapter practically analyses Hamas’s position within international law and the international community, as well as its own strategic thinking and practices, situating its problematic existence within the broader issue of the State of Palestine’s status as an observer state rather than a full member of the United Nations, along with the disputed legitimacy of Palestinian resistance. This chapter underscores the limitations and obstacles posed by international law and the international community in altering the status quo in Palestine, advocating for the necessity of accommodating non-state actors, like Hamas, to facilitate effective dialogue and negotiations.