The European Court of Justice has upheld a Palestinian claim that the European Union was wrong to keep Hamas on a list of designated terrorist groups. The ruling is not, however, all it might seem to be. The court's decision was made on a technicality, that Brussels had not based its ban on a close examination of Hamas' actions. It is open to the EU to appeal and the first indications are that it will. A member of the European Commission said that Hamas was still considered a terrorist organization and that Brussels was considering its response to the ruling. Yet the tide is moving against those who would exclude a key part of the Palestinian body politic from discussions on the future of the country. Just as there appears to be a growing momentum in Europe for the recognition of the Palestinian state, so it has to be that the role of Hamas in that state cannot be denied. And the truth is that Hamas' political credentials are compelling. In 2006, as part of the potently named “Change and Reform” political grouping. Hamas won 74 of the 132 seats in the Palestinian Legislative Council, while the long-ruling Fatah, notched up just 45. Now ensued one of the greatest and most hypocritical scandals of recent times. Even though Washington and Brussels had long urged the ballot box over the gun, even though President George W. Bush had invaded Iraq three years earlier to “make it safe for democracy”, it became perfectly clear that there were limits to the American idea of democratic freedom. Put bluntly, if voters made the wrong choice, Washington would declare the vote invalid. And that is precisely what happened in 2006 with Hamas. All the bloodshed and the carnage that has since ensued in Gaza and the Occupied Territories can be blamed on that single mealy-mouthed decision from the Bush White House. Hamas had put aside the gun for the ballot box, the Palestinians had chosen them to lead the country but the Americans were not going to have it. The key charge against Hamas is that it does not recognize the existence of the Israeli state. Further it is prepared to resort to armed conflict in pursuit of the creation of an independent Palestine. Yet those very same charges could be leveled against the Israelis. For all the post-Oslo Accord protests to the contrary, they do not recognize a Palestinian state. Moreover, they have demonstrated, time and bloody time again, that they are prepared to use main force to stop the Palestinians from realizing their aspirations for statehood. And for good measure, the Israelis have also blockaded and cordoned off Gaza and the West Bank and East Jerusalem, while building tens of thousands of settlements on land seized from the Palestinians. On this basis, the Israeli state should no more be recognized by the international community than Hamas. But if it seems absurd that Israel should be shunned for its Palestine-denial and its repeated and merciless butchery in Gaza, it is equally absurd that Hamas, the once legitimately-elected government of the Palestinian people, should be denied an international voice. The EU should back off challenging the decision of the European Court of Justice and start working with Palestinian political realities.
