Israel and Hamas: Conflict in Gaza

Congressional research reportFeb 19, 2009

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Prepared for Members and Committees of Congress

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On December 27, 2008, Israel launched a major military campaign dubbed “Operation Cast

Lead” against Hamas in the Gaza Strip. The Israeli offensive came in response to markedly

increased Palestinian rocket fire following the expiration of a six-month cease-fire on December

19. On January 3, 2009, Israel began a ground offensive into Gaza. Despite international pressure

to halt the fighting (including the passage of U.N. Security Council Resolution 1860 on January

8), the conflict continued until January 18, when Israel unilaterally ceased fire and Hamas

followed suit shortly thereafter. Israel’s technological superiority and reliance on heavy armor and

firepower contributed to a wide disparity in casualties—approximately 1,440 Palestinians have

died (with some organizations estimating that at least half of the dead are civilians), compared

with 13 dead (including four civilians) on the Israeli side.

The officially stated Israeli goal of Operation Cast Lead was to diminish the security threat to

residents of southern Israel by steeply reducing rocket fire from the Gaza Strip, weakening

Hamas, and restoring Israel’s deterrence. Hamas, however, has “spun” the survival of most of its

leaders and fighters, and their control over Gaza, as victory. Nevertheless, by temporarily

disabling Hamas’s military capacity, Israel might have decreased its vulnerability to future attacks

by buying time to deploy new, more sophisticated anti-rocket defense systems. Greater U.S.,

European, and Egyptian openness to implementing tougher anti-smuggling measures both on land

and at sea could hinder the rearmament capacity of Hamas and other Palestinian militants in

Gaza. Nevertheless, the practicability of such measures, and whether they will be accompanied by

an opening of Gaza border crossings to renewed commerce, remains uncertain.

International attention has turned to brokering a sustainable cease-fire arrangement and to

addressing the needs of the Gazan population—both in terms of continued humanitarian

assistance and of reconstruction. The United States and others in the international community are

concerned that, given Hamas’s continued control of Gaza, reconstruction assistance could be

squandered or used for undesirable means. Yet, the Palestinian Authority and the international

community might lose an opportunity to regain influence in Gaza if they do not involve

themselves more quickly and decisively in the reconstruction effort.

The conflict has exacerbated tensions between countries in the Middle East with a relatively proWestern orientation—like Egypt, Jordan, and Saudi Arabia—and other countries and non-state

actors in the region—like Iran, Syria, and Hezbollah. The Saudis have taken the lead in seeking to

mitigate intra-Arab tensions by reopening dialogue with Syrian officials and by taking a harder

rhetorical line with Israel. Leadership transitions in both the United States and Israel and

continued internal division among Palestinians have contributed to difficulties in analyzing

prospects both for post-conflict stability and reconstruction and for the Arab-Israeli peace

process. New U.S. Special Envoy for Middle East Peace George Mitchell has been given broad

negotiating authority by the Obama Administration. Yet, resumption of serious Israeli-Palestinian

final-status negotiations might not occur unless and until stable leadership emerges from both

sides.

This report will not be updated. Further policy developments on issues covered in this report will

be analyzed in other CRS reports, including CRS Report RL33530, Israeli-Arab Negotiations:

Background, Conflicts, and U.S. Policy, by Carol Migdalovitz, CRS Report RL34346; CRS

Report R40092, Israel and the Palestinians: Prospects for a Two-State Solution, by Jim Zanotti;

and The Egypt-Gaza Border and its Effect on Israeli-Egyptian Relations, by Jeremy M. Sharp.

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Introduction: The Gaza Conflict...................................................................................................... 2

Overview of the Conflict........................................................................................................... 2

Post-Conflict Developments ..................................................................................................... 4

The Conflict’s Origins............................................................................................................... 5

Did Israel Achieve Its Goals?.................................................................................................... 7

Palestinian Rocket Attacks from Gaza Since 2001: Threat Assessment and Israeli

Responses ..................................................................................................................................... 8

Impact of the Conflict on Civilians ................................................................................................11

Impact on Palestinian Civilians................................................................................................11

Impact on Israeli Civilians ...................................................................................................... 12

Possible Consequences and Unresolved Issues ............................................................................. 12

Addressing the Needs of the Gazan Population ...................................................................... 12

Humanitarian Situation and Response .............................................................................. 12

Concerns Regarding Reconstruction................................................................................. 15

Efforts to Prevent Arms Smuggling into Gaza........................................................................ 17

U.S. Efforts to Prevent Smuggling from Egypt ................................................................ 17

International Maritime Anti-Smuggling Efforts and Security Support............................. 20

Intra-Palestinian Politics – Fatah (PA/PLO) and Hamas......................................................... 22

Pre-Conflict Background .................................................................................................. 22

Hamas’s Political Maneuvering ........................................................................................ 23

Abbas on the Defensive? .................................................................................................. 23

Efforts at Unity and the Question of Elections ................................................................. 24

Regional and International Implications of the Gaza Conflict................................................ 26

Regional and International Responses .............................................................................. 26

Intra-Arab Political Developments ................................................................................... 27

Impact of the Conflict on Israeli Elections.............................................................................. 29

Effect on the Arab-Israeli Peace Process................................................................................. 30

Israeli-Palestinian Negotiations ........................................................................................ 30

Israeli-Syrian Talks ........................................................................................................... 32

Possible Options for the 111th Congress ........................................................................................ 32

Defense Budget Appropriations for U.S.-Israeli Missile Defense Programs .......................... 32

Iron Dome ......................................................................................................................... 33

David’s Sling..................................................................................................................... 34

Oversight of U.S. Arms Sales to Israel.................................................................................... 34

U.S. Humanitarian Aid (Including to UNRWA) and Other Economic Assistance to

Palestinians .......................................................................................................................... 36

U.S. Humanitarian Assistance Related to the Gaza Conflict ............................................ 36

U.S. Contributions to UNRWA and Other International Organizations............................ 37

U.S. Bilateral Assistance to the Palestinians (West Bank and Gaza)................................ 38

U.S. Security Assistance to the Palestinian Authority............................................................. 39

The Conflict’s Implications for U.S. Policy .................................................................................. 40

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Figure 1. Map of the Gaza Strip in the 2008-2009 Conflict............................................................ 1

Figure 2. Range of Selected Rockets and Mortars Fired from the Gaza Strip .............................. 10

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Table 1. Defense Budget Appropriations for U.S.-Israeli Short-Range Missile Defense:

FY2006-FY2009 ........................................................................................................................ 34

Table 2. U.S. Appropriated Funds Directed to Palestinians (June 2007-December 2008)............ 38

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Author Contact Information .......................................................................................................... 42

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Figure 1. Map of the Gaza Strip in the 2008-2009 Conflict

U.N. Office for the Coordination of Humanitarian Affairs (including for the Bisection Line) and

UNOSAT, with additional data from UNRWA; adapted by CRS.

Note: All locations are approximate.

Sources:

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Israel launched “Operation Cast Lead” against the Palestinian Islamist militant group Hamas (a

U.S.-designated Foreign Terrorist Organization) in the Gaza Strip on December 27, 2008.

Initially, coordinated Israeli air strikes against pre-selected targets took Hamas by surprise. In

addition to weapons caches and military facilities, Israel targeted elements of Gaza’s

infrastructure that it believed supported Hamas’s military objectives, including a network of

smugglers’ tunnels along the border with Egypt. Some observers complained that the target list

was overly broad, or that Israel did not take enough care in distinguishing between legitimate

targets and civilian areas. Air strikes also killed a few senior Hamas leaders, including (on

January 15) Hamas interior minister Said Siam.

On January 3, 2009, Israel expanded its operations by beginning a ground offensive—sending

thousands of troops over Gaza’s northern border, along with tanks, armored personnel carriers,

and artillery divisions. The ground operation began in the north largely to disable Palestinian

rocket launch sites that took advantage of the area’s relative proximity to targets in southern

Israel. Having captured military targets in the northern sector of Gaza, the Israeli forces

positioned themselves around Gaza City during the week of January 5 after taking control of

Gaza’s main north-south highway, and there was limited close-quarters fighting between Israeli

forces and Hamas gunmen in various Gaza City neighborhoods and in towns in the immediate

vicinity such as Jabalia. By cutting off northward access and targeting the tunnels from Egypt,

Israeli forces prevented Hamas from supplying its fighters with weapons from the south of Gaza.

Despite Hamas’s use of deception (such as wearing civilian clothing and using civilian buildings

for military purposes—possibly including Shifa Hospital, Gaza’s main medical center (see Figure

1 for location)) and other guerrilla warfare tactics, Israeli ground forces did not meet formidable

resistance. Many Hamas fighters remained in hiding and chose, perhaps deliberately, to avoid

open confrontations with the better-equipped Israeli forces. Israel reportedly gained valuable

intelligence from Gazans it detained, from captured maps and plans, and from subterfuge. Israel’s

decision to have its troops go in “heavy,” using armored vehicles and firepower even in urban

environments, is also thought to have kept Israeli casualties low, perhaps at greater cost to Gazan

civilians (even though many were warned to leave targeted areas ahead of time).

During the Israeli offensive, Palestinian rocket attacks on southern Israel continued (see

“Palestinian Rocket Attacks from Gaza Since 2001: Threat Assessment and Israeli Responses”

below), although their frequency diminished as the fighting endured. Hamas and other allied

Palestinian militant groups moved more rocket-launching operations into densely-populated

sectors of Gaza City and to areas further south that were less endangered by Israeli forces.

The intensification of Israeli military operations led to heightened international pressure for an

end to hostilities. The United Nations Security Council passed Resolution 1860 on January 8 by a

1

This section was prepared by Jim Zanotti, Analyst in Middle Eastern Affairs.

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14-0 vote (with the United States abstaining2), which called for an “immediate, durable and fully

respected ceasefire leading to the withdrawal of Israeli forces from Gaza” and encouraged the reopening of border crossing points on the basis of the Israel-Palestinian Authority 2005 Agreement

on Movement and Access (AMA). Both Israel and Hamas refused to halt the conflict.

Members of Congress expressed support for Israel’s operations in Gaza. S.Res. 10, passed by

unanimous consent in the Senate on January 8, recognized the “right of Israel to defend itself

against attacks from Gaza and reaffirm[ed] the United States’s strong support for Israel in its

battle with Hamas, and support[ed] the Israeli-Palestinian peace process.” A similar resolution,

H.Res. 34, passed the House on January 9 by a vote of 390-5, with 22 voting present.

Starting on January 7, Israel instituted what it called a “humanitarian corridor”—a lull in violence

for three hours every day—in order to allow medical assistance in conflict areas and to allow

trucks to bring needed goods and supplies to Gazan civilians. Yet, some insisted that this measure

did not sufficiently address humanitarian needs. After the death of at least two U.N. humanitarian

workers and the injury of others, there were also complaints from international organizations

(particularly the United Nations Relief and Works Agency for Palestine Refugees in the Near East

(UNRWA) and the International Committee of the Red Cross) that Israel’s “heavy” approach to

countering Hamas and other militants made the environment for providing humanitarian

assistance too dangerous, and that the organizations were not given sufficient access to injured

Gazans.

Additionally, there were multiple reports that Israeli fire hit U.N. buildings and/or compounds

during the conflict, killing and injuring several shelter-seeking civilians. In the most deadly case,

in which 43 Palestinians were killed by Israeli shelling on January 6 in response to fire from

Palestinian militants, the reports turned out to be false—Israeli fire struck an area adjacent to, not

inside, a U.N. compound. Getting timely and accurate reports of these and other occurrences

proved challenging due to Israel’s barring of the international media from entering the territory

independently during the conflict (only a small group was permitted into Gaza, accompanied by

Israeli troops).

On two occasions (January 8 and January 14), volleys of Katyusha rockets were fired from

southern Lebanon into northern Israel. No deaths were reported (although there were two

injuries), and Israel fired back at the locations from which the rockets came (and following the

second occurrence, Lebanese troops found and dismantled three additional rockets set to be

fired), but did not retaliate further. Hezbollah appears not to have been directly responsible, but

some analysts believe that Hezbollah and/or Iran may have orchestrated or at least consented to

the firing to cause confusion in Israel and to portray themselves as defenders of the Palestinian

cause, and that the indirect, low-level nature of the attack may have been intentionally calibrated

to avoid a major Israel reprisal.

2

In a January 12 speech in Ashqelon, Israeli Prime Minister Ehud Olmert claimed that his personal intervention with

President Bush was responsible for changing the U.S. vote on Resolution 1860 from a “yes” to an abstention. See “Rice

Shame-Faced by Bush Over UN Gaza Vote: Olmert,” Agence France Presse, January 12, 2009. The State Department

denied Olmert’s claim.

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Israel announced on January 11 that reserve troops were being inserted alongside regular army

divisions, and another week of fighting in and around Gaza City ensued, with air strikes and

ground raids also continuing in southern Gaza near the Egyptian border. Most of Hamas’s top

Gaza leadership had gone into hiding, and there were reports of disagreement among Israeli

Prime Minister Ehud Olmert, Foreign Minister Tzipi Livni, and Defense Minister Ehud Barak

over how to end Israel’s involvement in the conflict. Finally, a unilateral pullout was announced

on January 17—one day after a U.S.-Israel Memorandum of Understanding on halting weapons

smuggling into Gaza was signed in Washington, DC—and became effective on January 18.

Following one more round of rocket attacks, Hamas ceased fire on January 18 as well. The Israeli

pullout was complete on January 21. Some reports speculated that the cessation of hostilities was

timed to precede the U.S. presidential transition (which took place on January 20).

The United Nations reports that as a result of Israel’s three-week military offensive in the Gaza

Strip, the Palestinian death toll stands at approximately 1,440 (with some organizations

estimating that at least half of the dead are civilians). The estimated number of injured is 5,380.

An unknown number of Palestinians have either been internally displaced or remain unaccounted

for. Four Israeli civilians were killed and 183 injured by rocket and mortar fire by Palestinian

militants in Gaza. Nine Israeli soldiers were killed and 340 wounded during the military operation

(one additional Israeli soldier has been killed since the end of major hostilities).

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Although the Israeli offensive has ended, sporadic fighting has continued. Israel has directed

return fire at the source of rocket attacks and has engaged militants in periodic skirmishes.

Despite Prime Minister Olmert’s warning that continued attacks would be answered by

“disproportionate” force, no major re-escalation has occurred. Some analysts believe that absent

extreme provocation, the potential for a new offensive is unlikely until a new Israeli government

is assembled following the national elections that were held on February 10.

President Barack Obama and Secretary of State Hillary Rodham Clinton appointed former

Senator George J. Mitchell as U.S. Special Envoy for Middle East Peace on January 22. President

Obama said that Mitchell “will be fully empowered at the negotiating table.” Mitchell traveled in

the region from January 27 to February 3, meeting separately with Israeli and Palestinian

Authority (PA) leaders in Jerusalem and Ramallah, respectively, as well as with leaders in Egypt,

Jordan, Saudi Arabia, and Europe. He has scheduled another visit to the region for late February.

The Obama Administration made it clear that Mitchell will not meet with Hamas leaders.

Mitchell is seeking to bolster Egyptian-brokered negotiations for a long-term cease-fire between

Israel and Hamas (see a more detailed discussion of Mitchell’s efforts and Obama Administration

policy in “The Conflict’s Implications for U.S. Policy” below). A more formal truce would

presumably include arrangements to manage the various Gaza border crossings and to prevent the

smuggling of weapons into Gaza. The Israeli security cabinet decided on February 18 that any

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truce must include the release of Gilad Shalit, an Israeli corporal who has been in Hamas’s

captivity for more than two years.3

The international community has shown interest in helping with the reconstruction of Gaza—

estimated to cost as much as $3 billion—but some countries disagree about Hamas’s involvement

in any reconstruction, and many are uneasy about implementing anything permanent without

agreement on a more sustainable post-conflict order. At an Arab League summit in Kuwait on

January 19 (see “Intra-Arab Political Developments” below), Saudi Arabia announced plans to

donate $1 billion to the reconstruction, and up to an additional $1 billion may be forthcoming

from other Arab countries. PA Prime Minister Salam Fayyad announced on February 4 that the PA

plans to spend over $600 million on reconstruction by channeling money into Gaza through banks

that are free from Hamas’s control. An international donors’ conference is planned to take place in

Cairo on March 2. To prepare the ground for such a conference, Egypt is trying to revive hopes of

Palestinian national unity, having invited Hamas to attend talks with other Palestinian factions

(most notably PA President Mahmoud Abbas’s Fatah movement).

On February 19, Senator John Kerry, the Chairman of the Senate Foreign Relations Committee,

and—in a separate delegation—Representatives Brian Baird and Keith Ellison visited the Hamascontrolled Gaza Strip. According to the U.S. consulate in Jerusalem, the congressional visits are

the first since 2000, and the first visits by U.S. government officials to Gaza in over three years

(since before the Hamas victory in Palestinian Legislative Council elections in 2006).4 The two

congressional delegations reportedly visited sites in northern Gaza that were destroyed or

damaged during the conflict and met with U.N. officials. Neither delegation met with Hamas

officials.5 The visits proceeded despite the fact that sporadic fighting in and around Gaza

continues.

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Prior to the start of Israel’s campaign, experts warned that a full-scale resumption of IsraeliPalestinian violence was imminent, as Egyptian mediation failed to extend the six-month cease-

3

See “Security Cabinet: No Truce Until Shalit Is Freed,” Jewish Telegraphic Agency, February 18, 2009. According to

the same article, gaining the release of Shalit would probably involve a prisoner swap with Hamas. Some observers

believe that this decision has complicated negotiations and might delay a truce.

4

Taghreed El-Khodary, “Kerry and 2 U.S. Representatives Visit Gaza,” New York Times, February 19, 2009.

Ibid. Agence France Presse reported that before crossing over into Gaza in a U.N. vehicle, Sen. Kerry told journalists

in Sderot, Israel that the visit “does not indicate any shift whatsoever with respect to Hamas.... What it indicates is our

effort to listen and to learn.... What has to change is behaviour. What has to change obviously is Hamas's consistent

resort to instruments of terror.” “U.S. Senator John Kerry Visits Gaza,” Agence France Presse, February 19, 2009. The

same day of the U.S. congressional visits to Gaza, the United Kingdom newspaper The Independent reported that two

French senators met with Hamas politburo chief Khaled Meshaal in Damascus in early February, and that since the end

of 2008, members of parliament from the United Kingdom, the Netherlands, Sweden, and three other Western

European nations had consulted with Hamas representatives, despite the official Quartet policy against such contacts.

The article quotes a senior European diplomat as saying, “Far more people are talking to Hamas than anyone might

think. It is the beginning of something new—although we are not negotiating.” Anne Penketh, “Europe Opens Covert

Talks with ‘Blacklisted’ Hamas,” The Independent (UK), February 19, 2009.

5

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fire (tahdiya or calm) that expired on December 19, 2008. Israel and Hamas had indirectly agreed

(via Egyptian mediation) to the cease-fire in June.

For the first five months, the cease-fire held relatively well. Some rockets were fired into Israel,

but most were attributed to non-Hamas militant groups, and, progressively, Hamas appeared

increasingly able and willing to suppress even these attacks. No Israeli deaths were reported

(although there were injuries and property damage), and Israel refrained from retaliation.

Nevertheless, each party felt as though the other was violating the terms of the unwritten ceasefire. Hamas demanded—unsuccessfully—that Israel lift its economic blockade of Gaza, while

Israel demanded—also unsuccessfully—a full end to rocket fire and progress on the release of

Israeli corporal Gilad Shalit from Hamas’s captivity.

Israel cited the sporadic rocket fire as justification for keeping the border crossings and Gaza’s

seaport closed to nearly everything but basic humanitarian supplies. Hamas, other Arab leaders,

and some international and non-governmental organizations involved in aiding Gazan civilians

complained that Israel was reneging on its promises under the unwritten cease-fire agreement.

Some in Israel believed that the pressure applied through a blockade on Gaza could squeeze

Hamas from power by turning Gazans against the Islamist group, while other observers asserted

the exact opposite—that confining economically desperate people in Gaza would likely increase

their dependence on Hamas. The nearly complete shutdown of the highly export-dependent

Gazan economy6 left Israel and its supporters open to charges that they were knowingly

worsening the already-precarious situation of Gaza’s population—one of the most densely

concentrated (Gaza’s 1.5 million people live within the territory’s 146 square miles) and poorest

in the world. The United Nations estimates that at least 80% of Gazans live below the poverty

line.

Many believe that, all along, both sides considered the six-month cease-fire to be merely an

opportunity to prepare more fully for eventual conflict. Accounts of Hamas’s military buildup and

its use of tunnels from Egypt’s Sinai Peninsula for smuggling weapons, and reports describing

how Israel devised plans for the eventual Gaza offensive, support this argument. Some

commentators have said that giving up on the cease-fire was in both sides’ interests—asserting

that Hamas wanted to reclaim the mantle of “heroic resister” in order to reverse erosions in its

popularity among Palestinians since its takeover of Gaza, while Israeli leaders wanted to prove

their ability to defend Israeli citizens on the eve of national elections.7

Violence had already resumed in the waning days of the cease-fire. After an Israeli raid on

November 4 (ostensibly aimed at preventing Hamas’s use of tunnels to abduct Israeli soldiers),

rocket fire on Israel resumed with greater intensity from Gaza. Some analysts speculated that the

cross-border skirmishes and rocket fire that continued into December represented jockeying by

both Israel and Hamas for more favorable renegotiating positions as the cease-fire’s December 19

expiration approached.8 On the 19th, Hamas issued a statement on its website that “The cease-fire

6

The Palestinian Federation of Industries estimates that 98% of Gaza’s industrial operations are now inactive. See The

World Bank, Palestinian Economic Prospects: Aid, Access and Reform: Economic Monitoring Report to the Ad Hoc

Liaison Committee, September 22, 2008.

7

Daoud Kuttab, “Has Israel Revived Hamas?” Washington Post, December 30, 2008.

8

See Karin Laub, “Analysis: Hamas, Israel Trying to Rewrite Truce,” Associated Press, November 17, 2008.

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is over and there will not be a renewal because the Zionist enemy has not respected its

conditions.” On December 24, approximately 88 rockets were fired into southern Israel from

Gaza, followed by another 44 on December 25.9 The magnitude of this assault—although it did

not cause casualties—apparently prompted the Israeli leadership’s decision to launch the

December 27 air strike and larger offensive.

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The officially stated Israeli goal of Operation Cast Lead was to diminish the security threat to

residents of southern Israel by steeply reducing rocket fire from the Gaza Strip, weakening

Hamas, and restoring Israel’s deterrence, which many believed had been weakened as a result of

the 2006 war against Hezbollah in Lebanon. Some perceived a broadening of goals as the

operation prolonged, noting that Prime Minister Ehud Olmert may have wanted to add the ouster

of Hamas from power to Israel’s immediate aims. Yet, no official statements were made to that

effect, and the operation was ended well before any such ouster could be achieved. Foreign

Minister Tzipi Livni specifically stated that ousting Hamas remained a goal for the future.

Nonetheless, many in Israel were disappointed that it was not accomplished, and the

government’s political opponents sought to exploit that failure in the final two weeks of the

national election campaign. It may still be too early to appraise Israel’s achievements completely,

as bombing assessments usually trail the end of a conflict for some time. Therefore, the following

is only a preliminary appraisal.

Rocket launches, while still occurring, have decreased markedly. Since Israel’s unilateral ceasefire began on January 18, 2009, there have been about 40 sporadic rocket launches into southern

Israel, far fewer than occurred on average per day just before Operation Cast Lead. Moreover,

Israeli officials believe that smaller militant groups, such as Palestinian Islamic Jihad and the Al

Aqsa Martyrs’ Brigades, and not Hamas, have fired the rockets, as they did during the cease-fire

(although it is possible that Hamas is enabling or acquiescing to these attacks while preserving

deniability). The Israel Defense Forces (IDF) maintains that air strikes took out half of Hamas’s

rockets and other munitions stockpiles as well as a substantial number of rocket launchers and

Hamas military commanders who had been in charge of the launches. The IDF also admits that its

estimates are inconclusive.

During the operation, Israel also destroyed many facilities that it regarded as part of the Hamas

support network—police stations, ministries, university buildings, other schools, factories,

tunnels, and homes of leaders and commanders—with the intent of weakening the institutions of

Hamas rule in Gaza. However, most Hamas leaders survived and the group’s control of the Gaza

Strip is not threatened. Furthermore, Hamas retains fighters, weapons, and tunnels beneath the

Gaza-Egypt border through which to smuggle more arms. Even if the IDF Gaza Coordination and

Liaison Administration’s claim that 750 Hamas fighters were killed is accepted, Hamas’s

estimated strength before the conflict was 9,000, meaning it may still have considerable

9

International Crisis Group, Ending the War in Gaza, Middle East Briefing No. 26, January 5, 2009.

This section was prepared by Carol Migdalovitz, Specialist in Middle Eastern Affairs.

10

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŝȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

manpower.11 Moreover, while Israeli airstrikes may have destroyed up to 80% of the estimated

300 tunnels under the border,12 some tunnels still are visibly in use and others are being repaired.

Part of Israel’s effort to weaken Hamas involved gaining international understanding of and aid in

combating the problem presented by Hamas’s arms smuggling. This may have been achieved.

The United States and several European countries promised assistance that may prove to be

effective, and the role of Egypt in this regard will be critical (see “Efforts to Prevent Arms

Smuggling into Gaza” below).

Finally, Hamas’s rhetoric does not bespeak weakness, as it has “spun” survival as victory. To

some extent, the results of the ongoing cease-fire negotiations may be telling. If Hamas

compromises on its demands that all border crossings be opened and that the release of IDF

corporal Gilad Shalit, whom Hamas captured in 2006, is not tied to the border issue, then its

claims of victory may ring hollow. If Israel cedes control of crossings and releases “high value”

Palestinian prisoners in exchange for Shalit, then Hamas may have more to boast about.

Israel’s military deterrence probably has been restored. Hamas politburo chief Khaled Meshaal

(alternate spelling: Khalid Mish’al) admitted that he had been surprised by Israel’s assault, its

length, and its ferocity.13 That Hamas has not been responsible for rocket launches since the

cease-fire, even though it retains the capability, and did not directly engage the IDF suggests that

it may be reluctant to test Israel’s will. Moreover, Israel’s military achievements during the

conflict were made at minimal physical cost to itself: 13 dead (four of whom were civilians and

five of whom were soldiers killed by friendly fire). The Palestinian casualties, according to the

United Nations, included over 1,400 dead and roughly 5,400 wounded, plus huge infrastructure

and physical losses. The massive devastation may serve as the ultimate deterrent.

Š•Žœ’—’Š—ȱ˜Œ”ŽȱŠŒ”œȱ›˜–ȱ Š£Šȱ’—ŒŽȱŘŖŖŗDZȱ

‘›ŽŠȱœœŽœœ–Ž—ȱŠ—ȱ œ›ŠŽ•’ȱŽœ™˜—œŽœŗŚȱ

Since 2001, several Palestinian terrorist groups based in the Gaza Strip have attacked

communities in southern and coastal areas of Israel with thousands of indiscriminately fired

rockets and mortars. During the second Palestinian intifada or uprising in 2001, Hamas militia

members and others fired homemade mortars at Israeli settlements in the Gaza Strip and launched

the first locally produced “Qassam” rockets, named after the early 20th Century militant leader

Shaykh Izz al Din al Qassam. Widely-available household ingredients, such as fertilizer, sugar,

alcohol, and fuel oil, serve as propellants for the low-cost Qassam rockets, which are fabricated

locally from scrap metal and pipes and armed with smuggled explosives. Teams of engineers,

chemists, and machinists have improved the range and payload of the Qassam series rockets over

11

Tovah Lazaroff and Yaakov Katz, “Israel Disputes Gaza Death Toll,” Jerusalem Post, January 23, 2009. Total

Hamas strength estimate is from the U.S. State Department, Country Reports on Terrorism, 2007.

12

Yaakov Katz, “Hamas Takes Control of All Gaza Tunnels,” Jerusalem Post, January 22, 2009.

13

“President Abbas Says: It Is the Palestinian People Who Have Triumphed and Israel Does Not Want Peace,” WAFA,

January 27, 2009, Open Source Center Document GMP20090127751006.

14

This section was prepared by Christopher M. Blanchard, Analyst in Middle Eastern Affairs.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Şȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

time, and several individuals and facilities associated with rocket research and production

operations have been targeted in Israeli military raids.

Since 2006, longer-range 122mm Grad rockets and 122mm Grad-style copies, often referred to as

Katyushas, have expanded the range of Hamas and its allies beyond relatively small Israeli

communities near the Gaza border, such as the town of Sderot (population est. 24,000), to the

larger coastal cities of Ashqelon (population est.120,000) and Ashdod (population est. 200,000)

and to the Negev city of Beersheva (population est. 185,000). Similar mid-range rockets have

been fired by Palestinian Islamic Jihad (Al Quds series) and the Popular Resistance Committees

(Nasser series). A map showing the approximate range of various Gaza-based rockets and mortars

appears as Figure 2 below.

Press reports allege that some 122mm rockets fired against Israel have been Grad-style copies

made in Iran, while others have been Eastern-bloc editions modified to expand their range and

lethality. The longer range Grad rockets are believed to be smuggled into the Gaza Strip via

tunnels from Egypt. The approximately 7,000 rockets and mortars fired by Palestinians since

2001 have killed at least 18 Israelis and wounded dozens, while the persistent threat of rocket fire

has had a broader negative psychological effect on Israelis living in targeted communities.15 Some

observers estimate that Palestinian militants in Gaza may have had as many as 10,000 rockets at

their disposal at the outset of the Gaza conflict, up to a third of which may have been Grad-style

rockets.

In response to ongoing rocket attacks, Israel has invested millions of dollars in both passive and

active defense measures, including an advance warning alert system known as “Color Red,” safe

room construction programs in residential areas near Gaza, and the deployment of a new counterrocket defense system known as “Iron Dome.” In December 2008, the Israeli cabinet issued final

approval for a three-stage plan to build reinforced security rooms in all 8,500 housing units within

2.8 miles of the Gaza Strip. The cost of the program is estimated to be over $200 million.16

Reports suggest that Israel has budgeted $230 million for the development and procurement of

the Iron Dome system; its rocket interceptor costs are estimated at $45,000 each, with a total

annual system deployment cost in areas around Gaza estimated at $25 million. Some Israeli

military officials and public figures reportedly favor the deployment of a less mobile, but

potentially more cost effective directed laser system, based on the work of the joint Israeli-U.S.

Tactical High Energy Laser (THEL) research program that was terminated in 2004.17 For more

detailed information on Israeli rocket defense measures, see “Defense Budget Appropriations for

U.S.-Israeli Missile Defense Programs” below.

15

Toni O'Loughlin and Hazem Balousha, “News: Air Strikes on Gaza,” The Observer (UK), December 28, 2008;

David Isby, “Effective anti-Qassam defence could be more than six years away,” Jane's Missiles and Rockets, January

1, 2007.

16

Herb Keinon and Yaakov Katz, “Cabinet okays rocket-protection for communities within range,” Jerusalem Post,

December 8, 2008; Yaakov Lappin and Dan Izenberg, “Barak wants government's okay to hit Gaza residential areas,”

Jerusalem Post, November 10, 2008.

17

See Alon Ben-David, “Iron Dome advances to meet Qassam threat,” Jane's Defence Weekly, March 17, 2008.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

şȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Figure 2.

Range of Selected Rockets and Mortars Fired from the Gaza Strip

Map Resources, adapted by CRS. Data based on reporting by Jane’s Missiles and Rockets and Israeli

government statements to international media outlets.

Notes: All ranges listed for weapons are approximate and may vary based on launch sites and the characteristics

of individual rockets, most of which are locally produced and some of which are modified from their original

foreign designs.

Source:

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŖȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

–™ŠŒȱ˜ȱ‘Žȱ˜—•’Œȱ˜—ȱ’Ÿ’•’Š—œŗŞȱ

The fighting in Gaza and southern Israel during the conflict affected both Palestinian and Israeli

civilians. Questions were raised over who was a legitimate target. Rockets from Palestinian

militants in Gaza were and continue to be almost exclusively fired with the aim of killing and

terrorizing Israeli civilians. Israel’s bombing campaign and ground offensive targeted Hamas, but

some have charged that Israel’s targeting of cultural, residential, and governmental sites

disproportionately impacted Gaza’s civilian population despite Israel’s insistence that these sites

are inextricably linked with Hamas’s military operations. Israeli officials and media have alleged

that Hamas has virtually or actually used Gaza civilians as “human shields,” citing Hamas’s use

of homes, mosques, schools, and hospitals for military purposes and its militants’ immersion in

densely-populated areas. The toll exacted goes beyond civilians’ immediate well-being to

possible implications for regional politics and post-conflict reconstruction, including concerns

over further radicalization on either or both sides.

Since the cease-fire took effect on January 18, 2009, Israel and Hamas have exchanged fire on a

number of occasions; the threat to civilians on both sides remains. Continued restrictions on

goods flowing into and out of Gaza have slowed the arrival of humanitarian supplies to Gaza and

political concerns have delayed the development of a plan to rebuild Gaza. Casualty figures for

both Palestinians and Israelis are stated in “Overview of the Conflict” above.

–™ŠŒȱ˜—ȱŠ•Žœ’—’Š—ȱ’Ÿ’•’Š—œȱ

In spite of periodic humanitarian relief shipments allowed by Israel, the 22-day conflict further

deteriorated the already dire humanitarian situation in the Gaza Strip. While Palestinians began to

return home after the cease-fire, an estimated 46,000 displaced persons remained in UNRWA

shelters throughout the Gaza Strip.19

Access to food, potable water, and services such as electricity and sanitation was extremely

limited during the fighting. Since the cease-fire, provision of health care has resumed except in

clinics that were badly damaged or destroyed during the conflict. Remaining clinics are

overwhelmed, but an estimated 120 foreign doctors have entered Gaza since December 27, 2008

to provide temporary assistance to understaffed facilities. On January 19, the Director of Hospital

Services in Gaza stated that no more medical personnel are needed at the present time but that

there is a shortage of medical supplies. The World Health Organization has warned of the risk of

an outbreak of disease due to unrecovered bodies and due to the sewage flowing in Beit Hanoun

and Beit Lahia in the Gaza Strip. Water, sanitation, and electricity facilities damaged in the

fighting are being assessed and repaired and fuel shipments to waste disposal facilities and the

18

This section was written by Casey L. Addis, Analyst in Middle Eastern Affairs.

United Nations Office for the Coordination of Humanitarian Affairs Field Update on Gaza, January 19, 2009.

Available online at

http://www.ochaopt.org/gazacrisis/admin/output/files/ocha_opt_gaza_humanitarian_situation_report_2009_01_19_engl

ish.pdf.

19

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŗȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Nahal Oz power plant resumed, albeit in limited quantities, on January 17. Cooking gas and

diesel are still in short supply and only allowed into Gaza sporadically.20

–™ŠŒȱ˜—ȱ œ›ŠŽ•’ȱ’Ÿ’•’Š—œȱ

Over 600 rockets and 200 mortars have been launched by Palestinian militants into southern

Israel since the official expiration of the June-December 2008 cease-fire between Israel and

Hamas.21 Hamas and other groups firing rockets and mortars target Israeli civilians specifically,

and some observers argue that the arbitrary nature of these attacks compound the physical danger

they represent with severe psychological repercussions that cannot be quantified.22 The siren alert

system used to warn civilians of incoming attacks provides only momentary warning time for

Israelis to head to shelters, and because the rockets are fired indiscriminately, virtually no place

can be safely ruled out as a target—further contributing to Israeli anxieties.

During Operation Cast Lead, Hamas rockets hit a school, open markets, homes, and other sites in

Sderot, Gedera, Ashdod, Ashqelon, Beersheva, and elsewhere in southern Israel. As mentioned in

“Overview of the Conflict” above, northern Israel was also hit by rockets originating from

Lebanon on January 8 and January 14, prompting concerns among Israelis in the north that they

might have to be on indefinite alert. The government of Israel has stated that it is the right of its

people to feel safe in their homes, and other analysts have alluded to the “expectation of normal

life.”23

˜œœ’‹•Žȱ˜—œŽšžŽ—ŒŽœȱŠ—ȱ—›Žœ˜•ŸŽȱ œœžŽœȱ

›Žœœ’—ȱ‘ŽȱŽŽœȱ˜ȱ‘Žȱ УЗȱ˜™ž•Š’˜—ȱ

ž–Š—’Š›’Š—ȱ’žŠ’˜—ȱŠ—ȱŽœ™˜—œŽŘŚȱ

In addition to the casualties suffered during the conflict (see “Overview of the Conflict” above)

and the continued displacement of approximately 46,000 Gazans, protection of civilians and

safety of movement remains an urgent concern. Access is also a critical issue, both in terms of

civilian access to essential services and full access by the aid community to those in need. There

are outstanding requests for aid workers to enter Gaza and it is reported that many staff of

international organizations have so far been denied entry. Lack of sustained provision of basic

supplies through checkpoints has also presented difficulties.

20

Ibid.

Yanir Yagna, “Gaza Militants Fire at Least 14 Rockets into Southern Israel,” Ha’aretz, January 14, 2009.

22

Israeli Embassy Press Release, January 10, 2009. Available online at

http://israelemb.org/Operation%20Cast%20Lead/Website4.htm.

23

Richard Cohen, “A Conflict Hamas Caused,” Washington Post, January 6, 2009.

24

This section was prepared by Rhoda Margesson, Specialist in International Humanitarian Policy.

21

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŘȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Initial needs assessments show that food, health assistance, and clean water are urgently required.

There are severe shortages of power. Extensive damage has been done to homes and public

infrastructure throughout the Gaza Strip and emergency repairs are needed for critical buildings.

Other elements that would likely be included in any recovery plan include education, job creation,

and emergency cash assistance. An assessment of early recovery needs projected over a 24-month

period is expected later in the year.

On February 9, 2009, the United Nations Relief and Works Agency for Palestine Refugees in the

Near East (UNRWA) lifted the suspension on movement of its humanitarian aid supplies into

Gaza, following the return by Hamas of all aid supplies it had confiscated at gunpoint between

February 3 and February 5.

Š£Šȱ•Šœ‘ȱ™™ŽŠ•ȱ

The international community, led by the United Nations, is coordinating a humanitarian response.

The nine-month Gaza Flash Appeal in the amount of $613 million was formally launched on

February 2 (even though it had been in existence with a smaller funding request since December

31).25 This plan includes 106 non-governmental organization (NGO) projects and 82 U.N.

projects in response to the humanitarian needs of the Gaza population. The U.N. Humanitarian

Coordinator leads the Humanitarian Country Team (HCT) with the support of the U.N. Office for

the Coordination of Humanitarian Affairs (UNOCHA).26 The overall coordination of the

humanitarian effort relies on the cluster/sector/working group approach, which includes a focus

on the following sectors: education, health, logistics, protection, water/sanitation, food security

and nutrition, agriculture, mental health, and shelter. There are more than 50 international NGOs

working in Gaza and approximately 16 U.N. agencies.

ȱž’Œ”ȱŽœ™˜—œŽȱ•Š—ȱ˜ȱŽœ˜›Žȱ›’’ŒŠ•ȱŽ›Ÿ’ŒŽœȱ˜ȱŽžŽŽœȱ’—ȱ Š£Šȱ

UNRWA is mandated to provide relief and social services to registered Palestinian refugees living

in the West Bank, the Gaza Strip, Jordan, Lebanon, and Syria. UNRWA-registered refugees

receive benefits that can include food, housing, clothing, and basic health and education. UNRWA

also manages microfinance and microenterprise programs and infrastructure projects to address

the living conditions of refugees. In Gaza, roughly 70% of the population are registered as

refugees. UNRWA is actively involved in the current humanitarian response to refugees and

working closely with the HCT as part of the overall coordinated effort. Other humanitarian aid

organizations (as described above) work with non-refugee Palestinians. UNRWA has issued a

separate appeal for $345.9 million to address the needs of the Palestinian refugees in Gaza with

respect to the following sectors:

25

The Consolidated Appeal Process (CAP) is the humanitarian sector’s main tool for coordination, strategic planning

and programming. This Flash Appeal revises the Gaza portion of the original 2009 Occupied Palestinian Territory

(OPT) CAP and brings the total 2009 OPT CAP to approximately $876 million.

26

Participants include the heads of U.N. humanitarian agencies, individual NGOs, Association of International

Development Agencies (AIDA), Palestinian NGO Network (PNGO), with the International Committee of the Red

Cross (ICRC) and Medecins Sans Frontieres (MSF) as observers.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗřȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

•

Education: Mainly for school repair and equipment, psychological support for

children;

•

Food Aid: The crisis has exacerbated an already dire food security situation.

Before the crisis, 56% of the population of Gaza were food insecure and UNRWA

used to provide food assistance to around 650,000 refugees in Gaza and feed

200,000 children at UNRWA schools. Now UNRWA seeks to provide two rounds

of general food distribution for all registered refugees in Gaza (1,000,000

persons) and two rounds for 550,000 vulnerable persons. UNRWA seeks also to

expand the school feeding program due to the increase of children's vulnerability;

•

Emergency Job Creation: Due to the level of destruction and the economic needs

of the refugees, the program would include clean-up operations and light

repairs/rehabilitation of conflict-affected camps, including roads and community

areas, thereby contributing to longer-term post-conflict recovery;

•

Emergency Cash Assistance: Due to further damage to homes, possessions, and

livelihoods and to loss of life and the high cost of post injury care, UNRWA plans

to provide cash grants to 20,000 refugee families affected by the conflict. Cash

assistance to Special Hardship Case beneficiaries is also set to be expanded;

•

Shelter: 15,000 damaged refugee shelters are to be repaired; 20,000 families

whose homes have been destroyed or damage are to receive rental subsidies and

non-food items to replace their belongings. Destruction of water, sewage, and

waste networks, pipes and tanks inside Jabalia and Rafah camps are to be

repaired;

•

Repair and Rehabilitation of UNRWA Installations: 53 UNRWA installations

have been damaged. This includes 36 school compounds, seven health centers,

distribution centers, sanitation offices, warehouses, offices of the Microfinance

Department, the Gaza Field Office compound, and neighboring Gaza Training

Center; and

•

Health: There has been a dramatic negative impact on the health status of the

entire Gaza refugee population. Also, seven of UNRWA’s 19 health installations

are in need of reconstruction. There is a severe strain on UNRWA health clinics

due to the high number of patients. Regular primary health care services have

been disrupted through the loss of medical consultation days; immunization

programs have been suspended. The pharmaceutical supply line has come under

extreme pressure and needs to be restocked. Extraordinary levels of physical and

emotional stress in the entire population are in need of treatment through psychosocial support programs.

The appeal sets forth the following conditions as important to facilitate post-conflict improvement

in living conditions for Gazans:

1) Sustained provision and delivery of basic items, such as food aid, fuel, and medical supplies;

2) Unimpeded access and freedom of movement by humanitarian aid workers in and out of Gaza;

3) Protection of the provision and delivery of humanitarian emergency and recovery assistance

from political interests and control; and

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŚȱ

œ›ŠŽ•ȱŠ—ȱ Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

4) Expanded list of items to be imported, such as equipment, building materials, commercial

goods and cash to help infuse the private sector and over time reduce dependency on international

assistance.

For information on U.S. humanitarian assistance to Gaza, see “U.S. Humanitarian Aid (Including

to UNRWA) and Other Economic Assistance to Palestinians” below.

˜—ŒŽ›—œȱސЛ’—ȱŽŒ˜—œ›žŒ’˜—Řŝȱȱ

While some see Gaza reconstruction as an humanitarian imperative, others see it as a race for

influence in Gaza, recalling the role that rebuilding southern Lebanon played in bolstering the

popularity of Hezbollah after the summer 2006 war. Observers fear that if Hamas is or appears to

be more efficient or expeditious in delivering relief and rebuilding infrastructure, then the

organization’s popularity in Gaza could increase at the expense of Mahmoud Abbas’s PA,

widening the divide between Palestinian factions and further eroding the PA’s legitimacy. Hamas

has reportedly already handed out over $33 million to families who lost homes, business, or

family members in the fighting, but has not yet been able to launch large-scale reconstruction due

to ongoing restrictions on the flow of goods into Gaza.28 Concern over getting involved too late

with the reconstruction may have partially motivated the PA’s February 4 announcement of $67

million in immediate aid ($50 million “for temporary housing and urgent needs” and another $17

million for infrastructure repair).29

The challenges for rebuilding Gaza center on Hamas’s control of both political and civil

institutions in Gaza. The United States and the European Union have refused to aid the Hamas

“government,” instead providing assistance to the PA as the recognized representative of the

Palestinians despite Hamas’s control in Gaza. Hamas controls government institutions and the

police force in Gaza, raising questions about who will oversee Gaza reconstruction and how

goods and services will be delivered to Gazans after the conflict. Khaled Meshaal, the Hamas

leader living in exile in Damascus, has called upon the international community (and Arab states

in particular) to form a committee to oversee Gaza reconstruction and warned donors not to hand

over funds to the “corrupt” PA.30

Since the cessation of major hostilities on January 18, 2009, the international community has

worked to find a solution to rebuilding Gaza that circumvents Hamas. Lack of consensus has

slowed the process of rebuilding. Most of the international community supports the PA—despite

the fact that it has virtually no presence in Gaza, nor is it able to influence events in Gaza without

Hamas’s explicit or tacit approval—as the preferred vehicle for administering international

assistance and overseeing the implementation of reconstruction in Gaza. While some hope that

this responsibility will improve the PA’s popularity among Gazans, others worry that the PA’s

legitimacy could be eroded if it appears to Palestinians that Abbas’s government was complicit in

27

This section was prepared by Casey L. Addis, Analyst in Middle Eastern Affairs.

See “Middle East: Gaza Ceasefire Faces Poor Prospects,” Oxford Analytica, February 6, 2009; Griff Witte, “After

Gaza War, Daunting Curbs on Rebuilding,” Washington Post, February 8, 2009.

29

“Fayad: PNA to Aid Gaza with $67 Mln,” Xinhua News Service, February 4, 2009.

30

Griff Witte, “After Gaza War, Daunting Curbs on Rebuilding,” Washington Post, February 8, 2009.

28

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗśȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Operation Cast Lead in order to secure for itself a role in Gaza after the crisis.31 In a recent

statement, Hamas Minister of Economics Ziyad al-Zaza said that “Mahmoud Abbas couldn’t get

into Gaza on the back of an Israeli tank. So now they’re trying to get him in through the aid he’s

offering.”32 These statements suggest that Hamas is positioning to use any PA role in

reconstruction to further erode popular support for the PA.

Thus, major actors working to win support for the Palestinians have said that Palestinian

reconciliation is necessary before Gaza recovery efforts can be effective. United Nations

Secretary-General Ban Ki-moon has said that the international community will provide for the

Palestinians “but the Palestinians must complete internal unity,” and Quartet envoy Tony Blair

has also advocated the formation of a national unity government capable of implementing the

reconstruction process effectively.33 Prospects for Palestinian unity are discussed further below in

“Efforts at Unity and the Question of Elections.”

The willingness of Israel to open the crossings into Gaza for reconstruction supplies is another

important factor in the reconstruction of Gaza. Israeli government spokesman Mark Regev said

that “What we want is to see the reconstruction of Gaza. What we don’t want to see is the

reconstruction of Hamas.”34 In addition to a viable reconstruction plan that circumvents Hamas,

Israel has said that the release of Gilad Shalit is necessary before the crossings into Gaza will be

fully opened.35 Currently, Israel is reluctant to allow goods like cement and steel into Gaza for

fear that such materials could be used by Hamas for military purposes.36

As the international debate over reconstruction continues, various organizations are working to

provide immediate relief to Gazans. Some, such as UNRWA, have provided humanitarian

assistance but are reluctant to be a responsible party or middleman with respect to long-term

reconstruction efforts. As mentioned above (see “Humanitarian Situation and Response”),

UNRWA temporarily suspended its imports of food and supplies following two Hamas thefts on

February 3 and February 5. The incidents underscore concerns—shared by organizations assisting

in humanitarian and reconstruction efforts and their international sponsors and donors—that

supplies could be diverted away from the Gazan civilians for whom they are intended. Even if

Palestinian unity is forged, any unity government would likely have to include members of

Hamas, and thus may not assuage international fears that reconstruction assistance could be

squandered or used for undesirable means.

31

“Fayad: PNA to Aid Gaza with $67 Million,” Reuters, February 4, 2009.

Griff Witte, “After Gaza War, Daunting Curbs on Rebuilding,” Washington Post, February 8, 2009.

33

“Gaza Reconstruction Likely to Take a Long Time,” Xinhua News Agency, January 27, 2009.

34

Mimi Dahr, “Rebuilding Gaza a Political Minefield,” Associated Press, January 29, 2009.

35

Sabrina Tavernise and Sebnem Arsu, “Abbas Seeks Greater Role for His Palestinian Authority,” New York Times,

February 7, 2009.

36

Griff Witte, “After Gaza War, Daunting Curbs on Rebuilding,” Washington Post, February 8, 2009.

32

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŜȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

˜›œȱ˜ȱ›ŽŸŽ—ȱ›–œȱ–ž•’—ȱ’—˜ȱ Š£Šȱ

ǯǯȱ˜›œȱ˜ȱ›ŽŸŽ—ȱ–ž•’—ȱ›˜–ȱ¢™řŝȱ

‘Žȱ–ž•’—ȱž——Ž•œȱ

Though it has persisted for decades, smuggling via a network of underground tunnels beneath the

eight-mile Egypt-Gaza border (known as the “Philadelphi Route” or “Philadelphi Corridor”) has

become particularly widespread due to Israel’s total blockade of Gaza, Hamas’s demand for

weapons, and the lack of viable economic alternatives to black market activity on both sides of

the border. Over the last three years, arms smuggling has increased dramatically due to intraPalestinian fighting and Israeli-Palestinian violence. At the same time, the demand for

commercial items inside Gaza has skyrocketed due to the international aid boycott of the

Palestinian Authority that followed the formation of a Hamas-led government in 2006 and Israel's

closure of the Gaza Strip following Hamas’s 2007 Gaza takeover.

One goal of Israel’s Operation Cast Lead was to destroy as many underground tunnels as

possible. Although Israeli military officials estimate that repeated aerial bombardments destroyed

hundreds of tunnels, numerous reports indicate that smuggling activity has resumed. Experts note

that a number of systemic factors contribute to the ongoing smuggling trade between Egypt and

Gaza, including:

•

the prevalence of smuggling amongst Egyptian Bedouins in the Sinai Peninsula.

The Bedouin community is largely self-governed and partially dependent on

smuggling goods, people, drugs, and arms for its livelihood. Aside from the

tourist industry, the Egyptian government has invested little in Bedouin areas.

Furthermore, the 1979 Israel-Egypt peace treaty limits the number of Egyptian

army and police forces which can patrol parts of the Sinai, making it difficult to

enforce the rule of law there.

•

the ease of tunnel construction. According to numerous media reports, tunnels

are financed by tightly knit Palestinian and Bedouin clans on both sides of the

border for between $30,000 to $120,000 each, depending on a tunnel’s length and

depth.38 The equipment needed to build a successful tunnel (electric generators,

cable, telephone wire, pipes, plastic containers) are widely available and labor

costs are cheap. Once built, a tunnel can recoup its owner’s investment in just a

few months, and Hamas allegedly taxes proceeds from the sale of smuggled

goods, giving the group a vested interest in the enterprise.39

•

the lack of security forces on both sides of the border with the political will to

halt smuggling. On the Gaza border, there is no non-Hamas entity capable and/or

willing to stop smuggling. Authorities there reportedly encourage and, as

previously mentioned, even tax the trade. On the Egypt side, a 750-man Border

37

This section was prepared by Jeremy M. Sharp, Specialist in Middle Eastern Affairs.

"Gaza’s Subterranean Resistance," The National, January 22, 2009.

39

"Hamas Making $20 million a Month from Gaza Smuggling Tunnels," Ha'aretz, August 31, 2008.

38

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŝȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Guard Force (BGF) was deployed along the border following Israel’s withdrawal

from Gaza in 2005.40 Over the last two years, Israel has questioned Egypt’s

political will to stop arms smuggling, though in recent months Israel has

refrained from its previous public criticisms. In August 2008, Israeli defense

officials acknowledged that they had received information from IDF military

intelligence that Egypt was making an extra effort to curb the flow of weaponry

and explosives into Gaza.41 Although Egypt may be more diligent in halting

weapons smuggling, others allege that BGF troops look the other way when it

comes to smuggling items other than guns and ammunition. According to one

tunnel owner, “There's too many people interested in keeping the tunnels open.

There's too much money to be made.”42

˜•Žȱ˜ȱ˜—›Žœœȱ

In late 2007 and early 2008, as Israeli leaders stepped up their public criticism of alleged

Egyptian complicity in Hamas weapons smuggling, Congress addressed the issue. During

consideration of the House version of the FY2008 State, Foreign Operations, and Related

Programs Appropriations bill (H.R. 2764), lawmakers inserted new language that proposed to

withhold $200 million in Foreign Military Financing (FMF) from Egypt until the Secretary of

State certifies that Egypt has taken concrete steps toward improving its human rights record,

strengthening judicial independence, and curbing Palestinian smuggling along the Gaza border.

Despite vociferous protests from the Egyptian government asserting that conditionality would

harm bilateral relations, Congress passed legislation that temporarily suspended some aid to

Egypt. P.L. 110-161, the FY2008 Consolidated Appropriations Act, contained Section 690, which

withheld the obligation of $100 million in FMF or Economic Support Fund amounts until the

Secretary of State certifies, among other things, that Egypt has taken concrete steps to “adopt and

implement judicial reforms that protect the independence of the judiciary; to review criminal

procedures and train police leadership in modern policing to curb police abuses; and to detect and

destroy the smuggling network and tunnels that lead from Egypt to Gaza.” In March 2008, then

Secretary of State Condoleezza Rice stated that “I have exercised on behalf of the United States

the waiver in terms of Egyptian assistance.... The Bush Administration sought to have that

flexibility. We believe that this relationship with Egypt is an important one and that the waiver

was the right thing to do.” 43

40

When Israel unilaterally dismantled its settlements and withdrew its troops from the Gaza Strip in August 2005, it

negotiated a new security arrangement with Egypt to bolster efforts to secure the Egyptian side of Rafah. After

extensive Israeli-Egyptian talks, Egypt deployed 750 border guards to secure the Philadelphi Route or Corridor. The

memorandum of understanding between Israel and Egypt delineated the type of equipment the Egyptians may use

(small arms and jeeps, no heavy armor) and the length of the patrol area (14km on the ground and 3 km into the sea).

41

"Intel Branches Split on Egypt's Role," Jerusalem Post, August 5, 2008.

42

"Gaza Smugglers Ready to Resume Work," Associated Press, February 11, 2008.

43

Department Of State, Public Notice 6139, Determination and Waiver of Section 690(a) of the Department of

State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110-161) Relating to

Assistance for Egypt, February 29, 2008.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŞȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Ž ȱǯǯȱ—’Ȭ–ž•’—ȱž™™˜›ȱ˜ȱ¢™ȱ

During and after the debate on aid conditionality, the Bush Administration sought to broker a

solution to the smuggling problem that was amenable to all parties. In order to allay Israeli

concerns over smuggling and assist the undermanned Egyptian BGF force in Rafah, Egypt, the

U.S. government in 2007 sent former Deputy Assistant Secretary of State Robert Danin and

former Deputy Assistant Secretary of Defense Mark Kimmitt to Egypt to assess the smuggling

problem. According to an Israeli media report, the two U.S. officials recommended that, among

other things, the United States provide Egypt with sophisticated tunnel-detection and demolition

equipment, such as unmanned ground vehicles and acoustic sensors, to improve Egypt's tunnel

detection capability. A second team from the U.S. Army Corps of Engineers also traveled to

Egypt in December 2007 and offered to assist Egypt by providing technical advice and training.

In late 2007, the Bush Administration and the Egyptian government agreed to set aside $23

million of Egypt's annual Foreign Military Financing (FMF) toward the procurement of more

advanced detection equipment, such as censors, remote-controlled robotic devices, seismicacoustic tunnel detection equipment, and the computers to process seismic data.44 On June 16,

2008, U.S. Embassy in Cairo Spokesman Robert Greenan said that a U.S. (Defense Department)

team had begun training Egyptian forces in using electronic equipment, including instruments

that measure ground fluctuations, to detect smuggling tunnels.45 According to the Egyptian

Embassy in Washington, D.C., “In October 2008, training sessions for Egyptian officers were

held in Egypt to use the new equipment at a training site set specifically for that purpose.

Pentagon officials commended the seriousness and skills of the Egyptian officers trained to use

these equipment. The BGF started employing the new US equipment upon their arrival in January

2009.”46 The U.S. Army Corps of Engineers may have also assisted Egypt in installing advanced

cameras and sensors, such as ground-penetrating radar.

At this point, it would appear that there are no additional plans to augment existing U.S. support

to Egypt in Rafah. This may be due, in part, to the sensitivities of the Egyptian government to a

larger U.S. presence on Egyptian soil and the potential risk U.S. personnel may face from

installing equipment designed to undermine the area’s primary economy, tunnel smuggling.

Although there have been no known threats made against U.S. personnel, retaliatory attacks are

always a possibility.

Recent reports indicate that U.S. assistance to the BGF in Rafah is somewhat deterring smuggling

activity. According to one Gaza tunnel owner, “The Egyptians have deployed everywhere on the

other side and they have set up cameras. We haven't been able to bring anything.”47 According to

another smuggler, “The Egyptians are closing the tunnels because the Jews and the Americans are

putting pressure on them.... The situation now is dangerous.”48

44

"Egypt to Bolster Gaza Border," Washington Post, January 7, 2008.

"US Trains Egypt Forces in Gaza Tunnel Detection," Agence France Presse, June 16, 2008.

46

Embassy of Egypt Fact Sheet, February 6, 2009.

47

"Gaza Smugglers Say Egypt Tightening Tunnel Trade," Agence France Presse, February 8, 2009.

48

"Israel: Rafah Tunnel Smugglers Say Business Down 60% After IDF Operation," Jerusalem Post, February 6, 2009.

45

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗşȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

The United States also may be facilitating Israeli-Egyptian cooperation on the smuggling issue.

Reportedly, Israel may be more willing to renegotiate a 2005 MOU with Egypt to expand the

number of Egyptian BGF forces from 750 to between 1,500 and 2,200 men. Reports also indicate

that Israeli-Egyptian intelligence sharing has increased.

ǯǯȬ œ›ŠŽ•’ȱŘŖŖşȱŽ–˜›Š—ž–ȱ˜ȱ—Ž›œŠ—’—ȱǻǼȱ

As Operation Cast Lead was winding down, the Bush Administration, in its final days, signed a

new MOU with the Israeli government pledging additional U.S. support to counter weapons

smuggling. According to the MOU, the United States, among other things, pledged to:

“accelerate its efforts to provide logistical and technical assistance and to train and equip

regional security forces in counter-smuggling tactics, working towards augmenting its

existing assistance programs; and the United States will consult and work with its regional

partners on expanding international assistance programs to affected communities in order to

provide an alternative income/employment to those formerly involved in smuggling.”49

—Ž›—Š’˜—Š•ȱŠ›’’–Žȱ—’Ȭ–ž•’—ȱ˜›œȱŠ—ȱŽŒž›’¢ȱž™™˜›śŖȱ

Efforts to restrict the flow of weapons from Iran and other sources to the Gaza Strip in the wake

of the January 2009 hostilities now extend beyond Rafah and the Egyptian Sinai to the Red Sea

and Mediterranean Sea. On February 4, Denmark hosted officials and expert advisers from

Canada, the United States, the United Kingdom, Norway, the Netherlands, Germany, France,

Spain, and Italy at a consultation meeting to discuss joint support for anti-smuggling efforts

related to the Israel-Hamas cease-fire.51 Israel attended as an observer, although the Palestinian

Authority and Egypt did not send representatives. The participants reportedly will meet in

London later this month to attempt to reach a consensus and initiate a joint action plan.

The United Kingdom, France, and Germany have submitted a joint letter to Israel and Egypt

offering naval support for maritime anti-smuggling operations and border security assistance.

European naval forces currently command the U.N.-authorized Maritime Task Force (MTF) that

enforces the anti-arms trafficking provisions of United Nations Security Council Resolution 1701

off the coast of Lebanon. The French frigate Germinal, which was diverted from its MTF mission

and sent to help patrol the waters near Gaza after the cessation of major hostilities in late January,

has since been withdrawn amid warnings and protests from Egypt. German border security

experts visited Egypt in late January to assess the potential for German and EU support for

Egyptian anti-smuggling efforts.

Israel reportedly has sought to convince the United States, Egypt, Cyprus, and NATO countries to

alter existing maritime security arrangements or to establish new maritime security initiatives to

interdict suspected arms shipments bound for Hamas in Gaza (and potentially for Hezbollah in

49

"Text of U.S.-Israel Agreement to End Gaza Arms Smuggling," Ha'aretz, January 17, 2009.

This section was prepared by Christopher M. Blanchard, Analyst in Middle Eastern Affairs.

51

Kim McLaughlin, “Ways to stop Gaza arms smuggling aired at meeting,” Reuters, February 5, 2009.

50

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŖȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Lebanon).52 Specifically, Israel may be seeking to persuade NATO members to expand the

mandate of Operation Active Endeavor, a robust maritime intelligence sharing and

counterterrorism program in the Mediterranean, to include new interdiction authorizations.53

Similarly, Israel may support an expansion of the mandate of the U.S.-led multinational

Combined Task Force 151 that currently patrols the Gulf of Aden in support of counterterrorism

and anti-piracy missions.

Recent events have illustrated the potential legal and operational challenges that new or expanded

U.S. or multilateral missions might entail. On January 27, Chairman of the U.S. Joint Chiefs of

Staff Admiral Michael Mullen confirmed international press reports that a U.S. Navy vessel

boarded a Cypriot-flagged ship suspected of transporting weaponry from Iran to Syria for

possible reshipment to Hamas.54 The U.S. search took place in the Red Sea after the Israel-Hamas

cessation of hostilities was reached, and the ship subsequently was monitored as it transited the

Suez Canal before being detained in Cypriot waters for inspection. As of February 10, the ship,

the M.V. Monchegorsk, was anchored off of Limassol, Cyprus and was under the control of

Cypriot authorities. Cypriot government officials reportedly received confidential confirmation

from the United Nations Sanctions Committee established pursuant to U.N. Security Council

Resolution 1737 (Iran) that "military ordnance” and “raw materials used for the assembly of

munitions" found on board the ship violate Security Council Resolution 1747, which prohibits

Iran from supplying, selling, or transferring arms or related materiel.55

At issue remains a lack of explicit authority for international maritime forces seeking to restrict

the flow of weaponry to Hamas that would enable high seas interdiction beyond the consensual

inspection rights provided to navies under current maritime law and existing United Nations

sanctions. Resolution 1747 requires all member states to “prohibit the procurement of such

[prohibited] items from Iran by their nationals, or using their flag vessels or aircraft, and whether

or not originating in the territory of Iran.” Admiral Mullen emphasized this point stating that,

“The United States did as much as we could do legally… We were not authorized to seize the

weapons or do anything like that.”56 Cypriot authorities considered whether to offload the

prohibited cargo in Cyprus or transfer the ship and its cargo to a third-party for further

disposition. On February 13, the Cypriot government announced its decision to unload containers

52

Yaakov Katz and Brenda Gazzar, “Israel seeks mandate for navies to seize arms ships,” Jerusalem Post,

February 3, 2009.

53

An Israeli naval officer began serving in a liaison role at Operation Active Endeavor headquarters in January 2008.

For more information on the Operation, see NATO’s website at http://www.afsouth.nato.int/

JFCN_Operations/ActiveEndeavour/Endeavour.htm.

54

Anne Gearan, “Top US military official says US could not prevent suspected Iranian arms shipment to Gaza,”

Associated Press, January 27, 2009.

55

Enforcement of Resolution 1747 is monitored by the Sanctions Committee established pursuant to Resolution 1737

on Iran. For more information, see http://www.un.org/sc/committees/1737/ index.shtml. See also, Elias Hazou, “Ship is

carrying banned weapons, says UN panel,” Cyprus Mail, February 8, 2009; and, U.S. Open Source Center, “Cypriot

President Says UN Committee's Reply on Monchegorsk Ship ‘Clear, Final’, Report EUP20090209430003, CNA

(Nicosia), February 7, 2009.

56

Anne Gearan, “Top US military official says US could not prevent suspected Iranian arms shipment to Gaza,”

Associated Press, January 27, 2009.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řŗȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

holding suspected contraband items from the MV Monchegorsk, and subsequently has transported

several of the containers to facilities controlled by the Cypriot armed forces for storage.57

—›ŠȬŠ•Žœ’—’Š—ȱ˜•’’ŒœȱȮȱŠŠ‘ȱǻȦǼȱŠ—ȱ Š–Šœȱ

›ŽȬ˜—•’ŒȱŠŒ”›˜ž—ȱ

Fatah, the secular nationalist movement formerly led by Yasser Arafat, has been the dominant

faction in the Palestine Liberation Organization (PLO) for decades. Fatah was supported by a vast

majority of the Palestinian people in both the West Bank and the Gaza Strip upon the

establishment of the Palestinian Authority and limited self-rule in 1994. Since then, problems

with internecine violence, divisiveness, and widespread disenchantment with corruption and poor

governance, along with failure in establishing a Palestinian state, have led to popular

disillusionment. The death of Arafat in 2004 removed Fatah’s unifying symbol, further eroding

the movement’s support as Mahmoud Abbas took over its leadership.

No Palestinian movement has benefitted more from, or contributed more to, Fatah’s weakening

than Hamas. Since Hamas’s inception, it has maintained its primary base of support and

particularly strong influence in the Gaza Strip (largely through a network of social and charitable

organizations that has helped it extend its influence into the West Bank and the Palestinian

diaspora), even though its top leadership is headquartered in exile in Damascus, Syria. Hamas’s

politicization and militarization can be traced to the intifada (“uprising”) that began in the Gaza

Strip in 1987 in resistance to the Israeli occupation. Hamas refuses to recognize the right of Israel

to exist, refuses to renounce the use of violence, and refuses to consider itself bound by previous

agreements reached by the PLO and PA with Israel. Due to Hamas’s perpetration of suicide

bombings against Israeli civilians and other acts of terrorism, the United States designated it as a

Foreign Terrorist Organization in 1997, and U.S. aid to Palestinians has been tailored to bypass

Hamas and Hamas-controlled entities.

Hamas’s victory in January 2006 Palestinian legislative elections set in motion a chain of events

that contributed to the Gaza conflict. The refusal of the United States, the European Union, and

much of the rest of the world to have direct dealings with or to give financial assistance to a

Hamas-dominated PA government helped lead to a tense Palestinian factional standoff that was

only temporarily eased by a February 2007 Hamas-Fatah “unity agreement” brokered by Saudi

Arabia. These tensions produced fighting between Hamas and Fatah that led to Hamas’s forcible

takeover of the Gaza Strip in June 2007. In response to the Hamas takeover, PA President Abbas

dissolved the Hamas-led cabinet and appointed a “caretaker” technocratic PA government in the

West Bank (led by Prime Minister Salam Fayyad, a former World Bank and International

Monetary Fund official), leading to renewed U.S. and international assistance for the PA in the

West Bank that prompted Hamas to further tighten its grip on Gaza.

57

Cyprus News Agency (Nicosia), “Government To Unload and Store Monchegorsk's Cargo,” February 13, 2009.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŘȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Š–ŠœȂœȱ˜•’’ŒŠ•ȱŠ—ŽžŸŽ›’—ȱ

With its de facto control of Gaza intact in the conflict’s aftermath, Hamas is working to achieve

and consolidate political gains among Palestinians while the memory of the conflict is still

fresh—at the expense of PA President/PLO Chairman Mahmoud Abbas and his Fatah movement.

Hamas may be modeling its opportunism after Hezbollah’s success at turning the wide notoriety it

received across Lebanese sectarian lines for its resistance to Israel during the 2006 war into an

expanded role within Lebanon’s political system.58 The January 29 announcement by Hamas

politburo chief Khaled Meshaal of a possible “alternate PLO” has been seen by some analysts as

a call for a new Palestinian umbrella organization defined by its opposition to Western policies,

and by others as a scare tactic aimed at winning Hamas membership in the PLO itself.59

Some within the international community say that organizational fissures between Hamas’s Gazabased leadership and its leadership-in-exile could be exploited by promising Gazan leaders

greater engagement and other incentives in return for moderating their goals and tactics. Others

might say that Hamas is more united than it seems, and that it benefits from the portrayal of its

leadership as divided because this perception provides Hamas with greater flexibility in dealing

with both Western actors who hold out hope of its moderation and its Syrian and Iranian allies

who are reminded not to take its rejectionist stance for granted. Presenting a divided front also

may serve Hamas by providing it with a rationale to explain policy inconsistencies or changes of

direction to the Palestinian people.

‹‹Šœȱ˜—ȱ‘ŽȱŽŽ—œ’ŸŽǵȱ

Hamas’s post-conflict maneuvering appears to have put Abbas and his political allies on the

defensive. In countering Hamas’s message, Abbas and his supporters have emphasized the PLO’s

long tradition and international recognition as the legitimate representative of the Palestinian

people. Changes in the tone of the PA’s rhetoric at different points during the Gaza conflict may

have reflected a feeling by Abbas that he was in a no-win situation.60 Support for Palestinian

resistance, even if only rhetorical, would have endangered Israeli and U.S. cooperation with the

reform efforts and peace negotiations—aimed at the eventual creation of a Palestinian state—that

form the primary basis of his political appeal to Palestinians. On the other hand, silence would

have betokened support for Israeli aims, subjecting Abbas and his allies to allegations of

“collaboration.”

58

See CRS Report R40054, Lebanon: Background and U.S. Relations, by Casey L. Addis.

“Abbas Rejects Hamas Leader’s Call for New PLO,” Agence France Presse, January 31, 2009. Meshaal was quoted

as saying, “At this moment, the PLO no longer represents us, and is no longer a unifying point of reference, but has

become impotent and a tool for deepening the Palestinian divisions.” Sana Abdullah, “Hamas Plans Alternative

Authority to PLO,” Middle East Times, January 30, 2009. In seeking to clarify Meshaal’s pronouncement, Gaza-based

Hamas leader Mahmoud al Zahar later said on Al Jazeera that Hamas wants “to acquire the international and Arab

legitimacy and everything that the PLO has gained through elections, and to join the PLO,” Reuters, February 8, 2009.

60

A Washington Post column asserted that Abbas’s adviser Nimr Hammad told the Lebanese daily Al Akhbar: “The

one responsible for the massacres is Hamas, and not the Zionist entity, which in its own view reacted to the firing of

Palestinian missiles.” Robert J. Lieber, “Hard Truths About the Conflict,” Washington Post, January 1, 2009. Abbas,

however, did assertively call for an end to fighting—although some say only after being criticized as too complacent. In

one statement, he said that if a cease-fire was rejected, that all parties would be to blame, but singled Israel out as being

potentially responsible for “perpetuating a waterfall of blood.”

59

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řřȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

As it was, Hamas and much of the Arab and Western media alleged that the relative restraint of

Abbas’s remarks during the conflict signaled his passive acceptance of the Israeli offensive.

Hamas’s opportunity to broaden its appeal may rest on its success at convincing Palestinians that

the Gaza conflict shows that the long-term Fatah/PA/PLO strategy of peaceful engagement is

misguided. Hamas argues that peaceful engagement plays into the hands of an Israel that seeks to

weaken the Palestinians by sowing division through the false hope of a future state.61

Abbas’s seemingly defensive posture may also be explained by regional trends signaling the

possible political ascendancy of nationalist movements featuring Islamist elements at the expense

of those featuring secular and/or pan-Arab elements. Some have theorized that these trends are

likely to lead to the decline of Abbas’s secular Fatah movement—and, along with it, the official

PLO position of peaceful engagement with Israel—and the continuing rise of Hamas and other

Islamists. Hamas’s survival of the Gaza conflict could bolster this trend and/or fuel further

cultural and political separation between Palestinians in the West Bank and in Gaza.62

˜›œȱŠȱ—’¢ȱŠ—ȱ‘ŽȱžŽœ’˜—ȱ˜ȱ•ŽŒ’˜—œȱ

In the aftermath of the Gaza conflict, efforts have begun to bring the West Bank and Gaza under

unified Palestinian rule. The relevant Palestinian factions (particularly Hamas and Fatah) have

been invited to Egypt on February 22 for a “comprehensive national dialogue” whose end goal is

political unity, and there are reports that the factions are already holding Egyptian-brokered

discussions.63 The prospect of Palestinian unity may serve the interests of some in the

international community, particularly Arab states—both by alleviating concerns over challenges

posed to post-conflict reconstruction efforts in Gaza and by promoting regional stability. Yet, the

failure of several efforts since the June 2007 West Bank/Gaza split to forge Hamas/Fatah unity

indicates that success may be unlikely.

A prominent issue in unity discussions between Hamas and Fatah is likely to be whether to hold

Palestinian presidential and/or legislative elections, and, if so, when, where, and how. There is a

dispute over whether Abbas’s presidential term expired on January 9, 2009, or whether it

continues until the electoral term of the Palestinian Legislative Council (PLC)—in which Hamas

maintains a majority—ends in January 2010.64 On January 9, Hamas announced that Abbas’s term

had ended, but, despite speculation that it might name a successor PA president from the Hamas

61

See “Gaza Raids Boost Hamas, Undermine Abbas on Palestinian Street,” Agence France Presse (with the Daily Star

(Beirut)), January 1, 2009. A Hamas spokesman has even accused Abbas of “having formed a secret cell of Fatah

supporters in Gaza to collect information on the whereabouts of Hamas leaders,” with the intention of giving this

information to the Israeli military. Griff Witte, “Israel’s Attacks on Gaza Deepen Palestinian Rift,” Washington Post,

January 1, 2009.

62

This separation may be partially explained by the lack of a territorial link between the two Palestinian territories, and

partially explained by geography and recent history linking the Gaza Strip with Egypt and the West Bank with Jordan.

For further information on the Gaza/West Bank divide and on the territories’ respective ties with Egypt and Jordan, see

CRS Report R40092, Israel and the Palestinians: Prospects for a Two-State Solution, by Jim Zanotti.

63

See “Fatah, Hamas Meet in Cairo to Prepare for Unity Dialogue,” Xinhua News Service, February 13, 2009.

64

See “Middle East Politics: Prolonging Abu Mazen,” Economist Intelligence Unit, November 28, 2008.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŚȱ

œ›ŠŽ•ȱŠ—ȱ Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

leadership of the PLC, it did not. Hamas cited the conflict (which was ongoing at the time) as the

reason for its restraint.65

Before the Gaza conflict, Abbas had proposed holding presidential and legislative elections

simultaneously sometime between the January 2009 and January 2010 dates, and he has renewed

this proposal in the conflict’s aftermath.66 Hamas has rejected Abbas’s proposal, insisting that

presidential elections be held and that legislative elections be held only upon the expiration of the

PLC’s term—in hopes that it might be able to win the presidency without risking the loss of its

legislative majority.

Forging a unity government with Hamas and reaching compromise on how to hold elections

could appeal to Abbas and the PA. They would like to regain a foothold in Gaza—presumably at

least through involvement in its reconstruction and by having a role in monitoring its border

crossings—but do not want to look like they are, as Hamas has put it, “returning on Israeli tanks.”

Unity, however, would be at the expense of conceding greater legitimacy to Hamas, with

unpredictable consequences. Moreover, unity could come at the expense of negotiations and

security cooperation with Israel, and at the expense of aid and diplomatic ties with the United

States and Europe, if the arrangement gives Hamas too prominent a role in the PA. Another

reason unity might not be favored by Abbas is that Hamas has reportedly used brutal tactics of

revenge and forced interrogation against Fatah members and supporters in Gaza in retaliation for

their supposed collaboration with Israel during the conflict.67

It remains to be seen whether Hamas is willing to moderate its platform, decrease its militancy, or

give up its monopoly on Gaza in return for greater legitimacy and participation in Palestinian

institutions. The opportunity, through a unity agreement, for Hamas to reestablish an open

presence in the West Bank, with the hope that it might one day gain control of the West Bank

through elections or by force, could be persuasive (given that recent PA actions have focused on

reducing Hamas’s military profile and charitable activities in the West Bank), as could a possible

pathway to PLO membership. If Hamas gains the release of its imprisoned members of the

Palestinian Legislative Council (PLC) as part of a truce with Israel, the reconstitution of its

quorum as the majority party could boost its ability to affect political developments, and

appreciably increase its leverage in unity negotiations.

It may be too early to assess the impact of the Gaza conflict on Palestinian public opinion with

accuracy. Some believe that Hamas strengthened its resistance credentials among Palestinians

while Fatah looked like Israeli collaborators or appeared inconsequential, while others believe

that Hamas lost support (particularly in Gaza) for its willingness to put civilians at risk during the

65

See Khaled Abu Toameh, “Hamas: Abbas No Longer Heads PA,” Jerusalem Post, January 9, 2009.

In a February 4 address before the European Parliament in Strasbourg, France, Abbas asked the European Union

(EU) for peacekeepers and election monitors to help make elections logistically possible. The EU response indicated

that there was little likelihood that peacekeepers would be sent under current circumstances. See “Abbas Asks EU to

Send Peacekeepers to Middle East,” Deutsche Presse-Agentur, February 4, 2009. Some believe that without outside

help in planning and coordinating elections in both the West Bank and Gaza, Abbas might seek to hold elections in the

West Bank only, which may compromise the elections’ legitimacy.

67

The San Francisco Chronicle reported that as of January 22, Fatah officials said that 19 of its members had been

executed and many more brutally tortured by Hamas. Matthew Kalman, “Hamas Executes Suspected Fatah Traitors in

Gaza,” San Francisco Chronicle, January 22, 2009.

66

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řśȱ

œ›ŠŽ•ȱŠ—ȱ Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

conflict. A poll conducted by the Jerusalem Media Communication Centre at the end of January

2009 concluded that the level of support for Hamas had increased dramatically at Fatah’s expense

since a previous poll in November 2008—from a 37-20% Fatah advantage in November to a 2928% advantage for Hamas in January.68 Yet, these results were contradicted by another January

2009 poll conducted by the Palestinian Center for Public Opinion. This poll showed Fatah

retaining an appreciable advantage over Hamas (in rounded figures, 39-24% in the West Bank

and East Jerusalem and 43-28% in Gaza).69

ސ’˜—Š•ȱŠ—ȱ —Ž›—Š’˜—Š•ȱ –™•’ŒŠ’˜—œȱ˜ȱ‘Žȱ Š£Šȱ˜—•’ŒŝŖȱ

ސ’˜—Š•ȱŠ—ȱ —Ž›—Š’˜—Š•ȱŽœ™˜—œŽœȱȱ

The worldwide response to the Gaza crisis was characterized by consistent calls for an end to the

violence and by concern over the humanitarian situation in Gaza. Protests broke out in numerous

Middle Eastern and other international capitals, and the Arab media continuously aired footage of

casualties in Gaza. The crisis also exacerbated existing tensions between countries in the region

with a relatively pro-Western orientation—like Egypt, Jordan, and Saudi Arabia—and other

countries and non-state actors—like Iran, Qatar, Syria, and Hezbollah. The United States and

other Western countries generally faulted Hamas for starting the crisis but some, including

France, also criticized the Israeli response as disproportionate.

Regional responses to the conflict consistently condemned the Israeli air campaign and ground

invasion as “disproportionate” and tantamount to a “massacre” of Palestinians in Gaza.

Governments as well as other regional leaders issued statements criticizing the attack. For

example, Grand Ayatollah Ali al Sistani, the prominent Iraqi Shia cleric, condemned the attacks as

“barbaric.” Iranian President Mahmoud Ahmadinejad and Syrian President Bashar al Asad called

the Israeli campaign “outrageous aggression.”71 Near the end of the second week of fighting, Al

Qaeda second-in-command Ayman al Zawahiri said that the Israeli offensive was a “ZionistCrusader campaign” against Islam and Barack Obama’s “gift” to the Palestinian people before he

takes office. Zawahiri called on Muslims around the world to respond by hitting “Zionist and

68

Jerusalem Media and Communications Centre (JMCC) Press Releases, Polls No. 66 (November 2008) and 67

(January 2009). Accessible at http://www.jmcc.org/publicpoll/results/2008/no66-eng.pdf and

http://www.jmcc.org/publicpoll/results/2009/67_jan_english.pdf. The poll results have been rounded for this report.

The November and January polls were conducted by 60 researchers through face-to-face interviews with random

samples of roughly 1,200 Palestinian adults proportionally taken from the West Bank, Gaza Strip, and East Jerusalem

based on territorial population ratios. The polls have a margin of error of 3% and a confidence level of 95%. JMCC was

established in 1988 by a group of Palestinian journalists and researchers and receives assistance from the Friedrich

Ebert Stiftung, a foundation affiliated with the German Social Democratic Party (SPD).

69

Brenda Gazzar, “Palestinian Poll: Hamas Support Drops,” jpost.com, February 9, 2009. The poll was conducted

through face-to-face interviews with random samples of 673 Palestinian adults, having a 4% margin of error. The

Palestinian Center for Public Opinion, located in Beit Sahour in the West Bank, has done public opinion polling among

Palestinians since 1994, and is directed by its founder, Dr. Nabil Kukali.

70

This section was prepared by Casey L. Addis, Analyst in Middle Eastern Affairs, and Christopher M. Blanchard,

Analyst in Middle Eastern Affairs.

71

U.S. Open Source Center (OSC) Document—GMP20081229950075—“World Leaders Call for Calm in Gaza

Conflict,” December 29, 2008.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŜȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Crusader” targets around the world and by all available means.72 Osama bin Laden followed

Zawahiri’s statement with an unauthenticated audiotaped message—bin Laden’s first public

statement since May 2008—that circulated on Islamist websites on January 14, exhorting

Muslims to wage holy war on Israel and criticizing Israel’s “Arab allies.”73

There were more moderate reactions. In a joint press conference, the Egyptian and Turkish

foreign ministers urged both parties to stop attacks and called for Palestinian reconciliation. They

also focused attention on humanitarian needs in Gaza. Contrary to the views of its own citizenry

(which is majority-Palestinian) and some of its parliament members, the Jordanian government

also took a more tempered position, though King Abdullah II condemned the attacks and called

on Israel to halt all military actions in Gaza. As the conflict continued and the humanitarian toll

grew on both sides, moderate responses gave way to outrage reflected both in leaders’ statements

and in public opinion.74

In addition to condemning Israel, some regional voices have criticized certain Arab governments

for not taking more active steps to end Israel’s military campaign and blockade of the Gaza Strip.

These criticisms reflect existing intra-Arab and Sunni-Shia fault-lines. As protests broke out

across the region and as Arab media outlets ran footage from Gaza, Al Qaeda, Hezbollah, Syria,

and Iran charged moderate Arab governments of complicity in the attacks because of their

inaction. In particular, the Egyptian government faced strong criticism for its refusal to open the

Rafah border crossing (which links Egypt with Gaza) for humanitarian aid.75

—›ŠȬ›Š‹ȱ˜•’’ŒŠ•ȱŽŸŽ•˜™–Ž—œȱ

Criticism appeared to coalesce into action when, just a few days before the beginning of a

scheduled Arab League economic summit in Kuwait on January 19, Qatar hosted an “emergency

summit” of its own to address the crisis. After Saudi Arabia and Egypt publicly announced that

they would not attend, the Qatari meeting (January 16) failed to attract the necessary quorum of

Arab states to speak for the Arab League. The list of those who did attend—including Hamas

leader Khaled Meshaal, Iranian President Mahmoud Ahmadinejad, and Syrian President Bashar al

Asad—made the event look to some like a pro-Hamas function. Days later in Kuwait, Arab

leaders made limited efforts to overcome their apparent divisions, appearing together in

conversation for a symbolic photograph, but otherwise announcing no significant joint efforts or

initiatives. Saudi Arabia announced its intention to donate $1 billion to reconstruction in Gaza,

but no firm joint plans or delivery mechanisms were discussed.

72

“Al-Qaida: Attack Western Targets to Avenge Gaza,” jpost.com, January 7, 2009.

Alan Cowell and Graham Bowley, “Bin Laden, on Tape, Urges Holy War Over Gaza,” New York Times, January 14,

2009.

74

In citing the U.S. response to the conflict in Gaza as what he perceived to be another example of bias towards Israel,

former Saudi ambassador to the United States Prince Turki al Faisal, at a forum on U.S.-Gulf state relations being held

in Washington, DC on January 6, openly challenged then-President-elect Obama to change U.S. policy in the Middle

East. Prince Turki also said, “Enough is enough, today we are all Palestinians and we seek martyrdom for God and for

Palestine, following those who died in Gaza.”

75

U.S. Open Source Center (OSC) Document—GMP20081229869001—“Saudi Clerics Urge Support for Gazans,

Egypt to Keep Rafah Crossing Open,” December 29, 2008.

73

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řŝȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

In early February, ministers from the United Arab Emirates (UAE), Saudi Arabia, Egypt, Jordan,

and five other Arab states76 met in Abu Dhabi with Palestinian Authority Foreign Minister Riyad

Al Malki to coordinate a response to efforts by Hamas to argue that the PA and PLO had become

illegitimate representatives of the Palestinian people (also see “Hamas’s Political Maneuvering”

above). According to UAE Foreign Minister Shaykh Abdullah bin Zayed Al Nahayyan, the

meeting was meant “to support Arab unity, rally support for the Arab peace initiative, give more

support to the PA, led by President Abbas, and support the PLO as the sole and legitimate

representative of the Palestinian people.” He reportedly added that the participants hoped to “help

achieve Arab accord that will stop unwelcome and unconstructive interferences in our affairs by

non-Arab parties.”77 PA Foreign Minister Malki added that the meeting was intended to create a

positive atmosphere for the next Arab summit, scheduled to take place in Qatar in late March

2009.78

The meetings in Qatar, Kuwait, and Abu Dhabi were interpreted within the region as being

indicative of a potentially growing division among Arab states on the role of the PA after the

conflict, and also prompted some observers to speculate about the willingness of some Arab states

to deviate from the long-standing practice of following the lead of Saudi Arabia and Egypt. The

willingness of Qatar to deal with Hamas alongside Iran and Syria also raised concerns about the

influence of non-state actors (mainly Hamas and Hezbollah) and Iran in the region, particularly

with respect to Palestinian affairs.79

The Doha communiqué from the Qatari meeting called for a suspension of the Arab Peace

Initiative80 and an unconditional opening of all crossings into Gaza with EU or Turkish

monitoring. Saudi Arabia and Egypt opposed this language in the official statement issued after

the meeting in Kuwait, instead expressing support for the Egyptian proposal to end the violence

that had called for the PA to manage the crossings.81 However, days later in Kuwait, Saudi King

Abdullah bin Abd al Aziz, the original sponsor of the Arab Peace Initiative, characterized the

Gaza conflict as “bloody, painful and brutal scenes and genocide being carried out by a criminal,

76

Ministers from Morocco, Tunisia, Yemen, Kuwait, and Bahrain also attended.

U.S. Open Source Center Report GMP20090204001006, “UAE, Palestinian Officials View Aims of Abu-Dhabi

Meeting, Upcoming Doha Summit,” Al Watan (Abha, Saudi Arabia), February 4, 2009.

78

Ibid. The same article reported that efforts are underway among some of the same participants from the Abu Dhabi

meeting to prevent another “Qatari surprise” at the March summit along the lines of Qatar’s issuing of invitations to

Hamas and other militant Palestinian groups for the January 16 “emergency summit” (see footnote 79).

79

Some observers have perceived Qatar to be complicit in allowing the influence of Iran, Hamas, and Hezbollah to

grow, given its brokering of the 2008 agreement that gave Hezbollah and its opposition partners a greater role in

Lebanon’s government, its invitation of Hamas leader Khaled Meshaal to the January 16 “emergency summit” meeting

(along with the leaders of Palestinian Islamic Jihad and the Popular Front for the Liberation of Palestine-General

Command—two other U.S.-designated Foreign Terrorist Organizations with exiled leadership based in Syria), and its

willingness to play host to Meshaal’s announcement of a possible “alternate PLO” on January 29.

80

The Arab Peace Initiative is a Saudi proposal approved by the Arab League in Beirut in 2002 and re-adopted in

Riyadh in 2007 that promised a comprehensive Arab peace with Israel if Israel were to withdraw fully from the

territories it occupied in 1967 and agree to the establishment of a Palestinian state with a capital in East Jerusalem.

81

U.S. Open Source Center (OSC) Document---GMP20090120693004—“Arab League Musa Reads Final Statement

Issued by Kuwait Arab Summit,” January 20, 2009.

77

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŞȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

inhuman, and merciless gang as the world listened and watched,” and warned Israel that “the

Arab Initiative on the table today will not be on the table for ever.”82

Since late January, Saudi Arabia has sought to build intra-Palestinian and intra-Arab unity in

response to the crisis. These efforts appear to be driven by the kingdom’s desire to further the

Palestinian cause and to limit Iran’s influence in Arab affairs. Concern about the potential

emergence and intentions of a right-wing coalition government in Israel also may be influencing

Saudi efforts to consolidate the positions of Palestinians and Arab governments. In Kuwait, King

Abdullah lamented that political disputes among Arabs “have led us to division and dispersion of

our will. These disputes have helped and are still helping our treacherous Israeli enemy and

whoever seeks to sow division of the Arab ranks and take full advantage of promoting his

regional goals at the expense of our unity, dignity and aspirations.”83

Saudi-Syrian engagement has emerged as the most important front in this regard, and Saudi

leaders have reportedly taken steps in recent weeks to open channels of dialogue with Syrian

President Bashar al Asad after four years of tension and distrust. King Abdullah bin Abd al Aziz

reportedly held side discussions with President Asad at the Kuwait summit and sent the

kingdom’s intelligence director, Prince Muqrin bin Abd Al Aziz, to Damascus to deliver a

personal message on February 15. The visit followed consultations in Riyadh among King

Abdullah and Egyptian Foreign Minister Aboul Gheit and intelligence director General Omar

Suleiman. At present, it appears that Saudi Arabia has taken the lead in attempting to restore a

common Arab political position, while outsourcing to Egypt efforts to handle negotiations meant

to reconcile Hamas and Fatah and to improve border security with Gaza.

–™ŠŒȱ˜ȱ‘Žȱ˜—•’Œȱ˜—ȱ œ›ŠŽ•’ȱ•ŽŒ’˜—œŞŚȱ

Preliminary results of the February 10, 2009 Israeli national elections are inconclusive. The

centrist Kadima Party led by Foreign Minister Tzipi Livni appears to have placed first with an

estimated 28 seats, but parties to the right of Kadima scored a combined majority of 65 seats out

of 120 in the Knesset. Livni campaigned, in part, on a peace platform and took votes from the

left—from Labor and the smaller Meretz Party. She may have been aided by her efforts to project

strength and determination during the Gaza conflict, when she held her own beside an array of

foreign interlocutors seeking an early end to the fighting. Livni had opposed the June cease-fire

with Hamas, arguing, as it turned out correctly, that it would enable the group to arm. And she

was the proponent of a policy of declaring a unilateral cease-fire at the end of the recent

conflict—which the government adopted.

Yet, the outcome of the Gaza conflict clearly reverberated in favor of the right in the elections.

Defense Minister and Labor Party leader Ehud Barak could not sustain the boost he had received

during Operation Cast Lead as the planner of a very successful military offensive because he was

seen as seeking to end the operation “too soon,” i.e., before ousting Hamas from power. Likud

82

U.S. Open Source Center (OSC) Document— GMP20090119869001—“Saudi King: Israel 'Must Realize' Arab

Peace Offer 'Will Not Be on Table Forever',” January 19, 2009.

83

Ibid.

84

This section was prepared by Carol Migdalovitz, Specialist in Middle Eastern Affairs.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řşȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

leader Benjamin Netanyahu pounced on the failure to topple Hamas and promised to do the job if

he became prime minister. His party made a comeback by winning an estimated 27 seats, up from

12 in the March 2006 election. Yisrael Beitenu (Israel Our Home), a farther right-wing party led

by Avigdor Lieberman, registered gains by harping on an alleged internal threat from a “fifth

column” of Israeli Arabs, some of whom had carried Hamas flags during demonstrations against

the Gaza operation and reawakened many Israelis’ concerns about the estimated 1.5 million Arab

citizens of Israel residing in their midst. His campaign theme “no loyalty, no citizenship”

appeared to resonate with many Israelis.

Israeli President Shimon Peres is not required to name Livni as prime minister-designate even

though it appears that Kadima won the most Knesset seats. He may select whomever he believes

would be able to form a stable government. Netanyahu may fit that description more than Livni

because of the right’s majority in parliament. With 65 Members of the Knesset, including Avigdor

Lieberman, voicing their support for designating Netanyahu as prime minister as of February 19,

many observers believe that, over the weekend of February 20-22, President Peres is likely to

formally ask the Likud leader to assemble a government.85

Both Livni and Netanyahu have said that they want a national unity government,86 and some

analysts suggest that President Peres will try to get them to work together even if their goals are

not compatible. Livni reportedly wants to continue negotiations toward the creation of a

Palestinian state that would enable Israel to remain a democratic state with a Jewish majority.

While Netanyahu said during the campaign that he would continue negotiations, he gives a

priority to “economic peace,” i.e. building the Palestinian economy and other institutions to serve

as a basis for a later peace. It is unclear how the two can reconcile their positions for the purpose

of forming a government, but, in Israeli politics, it is not impossible.

ŽŒȱ˜—ȱ‘Žȱ›Š‹Ȭ œ›ŠŽ•’ȱŽŠŒŽȱ›˜ŒŽœœŞŝȱ

œ›ŠŽ•’ȬŠ•Žœ’—’Š—ȱސ˜’Š’˜—œȱ

The situation for both Israelis and Palestinians does not appear conducive to a revived peace

process. Israeli-Palestinian peace talks resumed in 2007 and were officially welcomed at the U.S.sponsored Annapolis Conference that November. Yet, months of negotiations did not enable the

two sides to fulfill the goal of reaching an agreement by the end of 2008. Their ground rules

provided that there would be no agreement until all issues were resolved, and they generally

refrained from public statements about the status of the talks. The lack of public statements led

some analysts to assume that no progress was made. However, anecdotal reports suggested that

85

Yuval Azoulay and Mazal Mualem, et al., “Livni to Kadima: We’re Going to the Opposition,” haaretz.com, February

19, 2009.

86

However, Livni said to Kadima colleagues on February 19, “Today the foundation was laid for an extreme rightwing government led by [Likud Chairman Benjamin] Netanyahu. This is not our way, and there is nothing for us in

such a government.” Yuval Azoulay and Mazal Mualem, et al., “Livni to Kadima: We’re Going to the Opposition,”

haaretz.com, February 19, 2009.

87

This section was prepared by Carol Migdalovitz, Specialist in Middle Eastern Affairs. For related issues, see CRS

Report R40092, Israel and the Palestinians: Prospects for a Two-State Solution, by Jim Zanotti.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŖȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

the negotiators had reached compromises on some issues and impasses on others. The

negotiations were suspended in late 2008, mainly due to Israeli domestic political considerations,

and the Palestinians halted them officially due to the Gaza conflict. Earlier, outgoing Israeli Prime

Minister Ehud Olmert had presented his ideas for peace that he said he had shared with PA

President Mahmoud Abbas. They included Israel’s withdrawal almost to its 1967 borders, with

some territorial swaps or adjustments to enable it to retain large West Bank settlement blocs,

giving Arab neighborhoods of Jerusalem to the Palestinians, international supervision of holy

sites in Jerusalem, and the return of a symbolic number of Palestinian refugees to Israel. Abbas,

perhaps seeking to shield himself from charges that he was betraying the Palestinian people,

reacted to Olmert’s statements by saying that he would not accept anything less than 100% of the

amount of pre-1967 territory or a solution that did not provide for the refugees’ “right of return.”

As a result of the Gaza conflict, the situation of both negotiating parties has changed. In Israel,

rightists not amenable to territorial compromise or a two-state solution appear to have won a

majority of the seats in the Knesset (parliament) in the February 10 national elections. The

ascendance of the right has been attributed to the fact that many Israelis believe that their

unilateral withdrawal from southern Lebanon in 2000 brought the Hezbollah threat to their

northern border and that their unilateral withdrawal from Gaza in 2005 brought Hamas to power,

thereby increasing the threat to residents of southern Israel—underscored by Hamas’s rocket

barrages after the expiration of the cease-fire on December 19, 2008. Moreover, they view both

terrorist groups as surrogates for Iran, a perceived existential threat, now on their doorstep. This

sentiment leads the right to question a peace accord with the Palestinians that would require

Israeli withdrawals from the West Bank, thereby potentially creating a threat to Israel’s heartland

comparable to that from Hezbollah or Hamas. Moreover, many Israelis view President Abbas as a

weak leader of a bifurcated Palestinian Authority who does not control Gaza, who would be

unable to implement an accord, and who might be supplanted by radicals.

The Gaza conflict also may have produced a different political dynamic on the Palestinian side

(see also “Intra-Palestinian Politics – Fatah (PA/PLO) and Hamas” above). Heretofore, President

Abbas, as Chairman of the PLO, and his designee, former Palestinian Authority Prime Minister

Ahmed Qurei, served as the primary negotiators with Israel. Abbas was sidelined during the Gaza

conflict as Israel and Hamas were the combatants and focus of attention. Some viewed his

relative quiet at the outset as tacit approval of Israel’s assault on his main political rival, Hamas.

As the civilian death toll mounted, Abbas condemned Israel’s actions. The question remains,

however, to what extent was Abbas weakened further by being sidelined as well as by the

expiration of his term as Palestinian president on January 9, 2009, and would it affect his

legitimacy as a negotiator? Others maintain that the ability of the Palestinian Authority and its

security forces to successfully maintain quiet in the West Bank during the Gaza conflict may

foretell future capabilities and provide some assurance about its ability to implement a peace

accord.

Hamas, which maintains that it triumphed simply by surviving the Israeli offensive, has long

argued that “resistance” is more effective than negotiations to achieve Palestinian goals. Its

avowed goals include the end of the occupation of all of the former British mandate of Palestine,

including Israel. Hamas officials have said that they would establish a Palestinian state on any

territory from which Israel withdraws, without recognizing Israel as a second state. Hamas had

accepted Abbas as a peace negotiator, provided that the product of his negotiations be put to a

vote either in the Palestinian Legislative Council—in which Hamas holds a majority—or in a

referendum. Hamas has long demanded that the PLO, of which it is not a member, be “reformed.”

Since the Gaza conflict, Hamas politburo chief Khaled Meshaal has demanded that the PLO be

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŗȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

replaced, most likely because Hamas seeks to gain ideological and operational control over it.

Because Abbas’s legitimacy as negotiator stemmed from his chairmanship of the PLO, it appears

that Hamas now may be rejecting that legitimacy.

œ›ŠŽ•’Ȭ¢›’Š—ȱŠ•”œȱ

In May 2008, Israel and Syria began what would become four rounds of indirect peace talks via

Turkish mediators in Istanbul focused on the Golan Heights. The talks were suspended before the

Gaza conflict in anticipation of Israeli elections and a new U.S. administration. Syria said that

Israel’s December attack on Gaza “closed the door on the indirect talks.” However, some

observers suggest that the indirect talks had run their course and that the parameters of an accord

are well known, but Syria requires an active U.S. role for the transition to direct talks because of

its desire for U.S. security and financial guarantees.

Some in Israel are amenable to a peace with Syria that would require Israel to withdraw from the

Golan. They note that the Syrian border has been quiet for decades (despite what some view as

Syrian surrogate warfare against Israel via Hezbollah in Lebanon) and that Syria (at least former

Syrian President Hafez al Asad) has a record of keeping its word. They also believe that peace

might wean Syria out of its alliance with Iran and put the Iranian threat to Israel at a greater

distance. Others note that the “cold peace” on Israel’s northern border has endured thus far

without territorial concessions. Israeli right-wing parties oppose ceding the Golan because it

would bring Iran via its Syrian ally to yet another border of Israel and because the Golan is a

major water source for Israel. It still is uncertain which position in Israel will play a decisive role

in the next government. Many U.S. analysts and some in Israel believe, largely because IsraeliPalestinian peace appears unattainable at least for the near or mid-term, that the Israel-Syria track

should become the main focus of current diplomatic attention.

˜œœ’‹•Žȱ™’˜—œȱ˜›ȱ‘Žȱŗŗŗ‘ȱ˜—›Žœœȱ

ŽŽ—œŽȱžŽȱ™™›˜™›’Š’˜—œȱ˜›ȱǯǯȬ œ›ŠŽ•’ȱ’œœ’•ŽȱŽŽ—œŽȱ

›˜›Š–œŞŞȱ

Although Israel’s Operation Cast Lead was designed to thwart Palestinian rocket fire, over the

long term, Israel has recognized that it will require new missile defense systems capable of

knocking out short-range projectiles. The Israeli government has sought U.S. assistance not only

in countering long-range ballistic missile threats, but also in co-developing short-range missile

defense systems to thwart rockets fired by non-state groups, such as Hamas and Hezbollah (see

“Palestinian Rocket Attacks from Gaza Since 2001: Threat Assessment and Israeli Responses”

above).

Congress and successive administrations have shown strong support for joint U.S.-Israeli missile

defense projects. U.S.-Israeli missile defense cooperation has perennially been authorized and

88

This subsection was prepared by Jeremy M. Sharp, Specialist in Middle Eastern Affairs.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŘȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

appropriated in the defense authorization and appropriations bills. P.L. 110-329, the FY2009

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, provides a total

of $177.2 million for U.S.-Israeli missile defense programs, a $58 million increase over the

President’s FY2009 request.

›˜—ȱ˜–Žȱ

As mentioned earlier, Israel is currently developing a short-range system, dubbed “Iron Dome,”

to destroy crude, Palestinian-made rockets fired by Palestinian militants in the Gaza Strip.89 Iron

Dome, which is expected to be deployed in 2010 at a development cost of $215 million, is

designed to intercept very short-range threats up to 40 kilometers in all-weather situations. It is

being developed by Rafael Advanced Defense Systems.

Reportedly, the Israeli government may be seeking U.S. assistance in financing the Iron Dome

system. According to one Israeli defense official, “We're not just looking for funding assistance,

although that is extremely important for us. We've offered the Americans to join as full

participants and to use the system to defend their troops and assets around the world.... We're

hopeful that after careful examination of the data and the system's capabilities, that they'll decide

to join the program.”90

The Associated Press has reported that data collected by Israel on the rockets launched by

Palestinian militants during the Gaza conflict might assist with the finalization of the Iron Dome

system.91 This report raises the possibility that Israel may have considered its offensive to be an

opportunity to gain ground on both sides of its self-defense equation simultaneously—improving

its own technological capacity to defend against rocket attacks while also depleting the arsenals

of its Palestinian militant adversaries—and thus to decrease its future vulnerability to such attacks

(with prospects of tougher anti-smuggling measures and reestablished deterrence as added

benefits).

89

Within the Israeli defense establishment, there is debate over how effective the Iron Dome system would be in

protecting Israeli cities and towns from Qassam and Grad-style Katyusha rocket attacks fired from the Gaza Strip.

Some Israeli defense experts assert that Iron Dome kinetic interceptors will take too long to destroy crude rockets fired

from close range to Israeli towns such as Sderot. Reuven Pedazur, an Israeli expert in ballistic missiles, claims that each

Tamir missile fired from the Iron Dome system will cost $100,000, while a system based on laser beam interception,

would cost between $1,000 and $3,000 per strike. Nevertheless, Israeli officials argue that solid laser technology needs

more time to develop. See, “Rocket, Missile Shields in Works; Iron Dome, David's Sling eye attacks from Gaza,

Lebanon, Iran,” Washington Times, August 8, 2008. According to one source, “Neither the missile interceptors nor the

lasers will provide 100-percent coverage, which is why they will have to both be in use.” See, “Defense Officials View

Laser as Future of Anti-Missile Technology,” Ha’aretz, March 24, 2008.

90

“U.S. Eyes Joint Anti-Rocket Effort With Israel; Mulls $200M Investment To Speed Iron Dome,” Agence France

Presse, June 9, 2008.

91

See Matti Friedman, “Israel Used Fighting to Perfect Anti-Rocket System,” Associated Press, February 16, 2009.

The article states, “During the Gaza offensive, which ended on Jan. 18, Israeli teams collected data on how the

homemade rockets and the military-grade Katyushas fired by Gaza militants behaved in different weather conditions

and how they were picked up by the interception system's radar, which is already operational.”

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řřȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

ŠŸ’Ȃœȱ•’—ȱȱ

David’s Sling (a.k.a. Magic Wand) is a short/medium-range system designed to counter longrange rockets and cruise missiles, such as those possessed by Hezbollah in Lebanon, fired at

ranges from 40 km to 300 km. It is being jointly developed by Israel's Rafael Advanced Defense

Systems and Raytheon. The system is expected to be operable by 2010. P.L. 110-329 provides

$72.8 million for a short-range missile defense program.

In August 2008, Israel and the United States officially signed a “project agreement” to co-develop

the David’s Sling system. According to Lt. Gen. Henry Obering, director of the U.S. Missile

Defense Agency, “We wanted a truly co-managed program because the United States will be very

interested in this for our own purposes.... The agreement we just signed allows us to work through

specific cost-sharing arrangements and other program parameters.”92

Table 1. Defense Budget Appropriations for U.S.-Israeli Short-Range Missile Defense:

FY2006-FY2009

$ in millions

Program

David’s Sling

FY2006

FY2007

FY2008

$10.0

$20.4

$37.0

FY2009

$72.895

Total

$140.295

ŸŽ›œ’‘ȱ˜ȱǯǯȱ›–œȱŠ•Žœȱ˜ȱ œ›ŠŽ•şřȱ

Israel may have used weapons platforms and munitions purchased from the United States in its

military operations in Gaza, reportedly including, among others, F-15 and F-16 aircraft, Apache

helicopters, and, according to Israeli press reports, GBU-39 small diameter guided bombs

approved for sale by the 110th Congress following notification in September 2008.94

The transfer by sale of U.S. defense articles or services to Israel and all other foreign countries is

authorized subject to the provisions of the Arms Export Control Act (AECA) and the regulations

promulgated to implement it. Sales are made through contracts outlining the terms and conditions

of the sale and the use and management of defense articles or services by the recipient country.

Section 3 of the AECA stipulates that in order to remain eligible to purchase U.S. defense articles,

training, and services, foreign governments must agree not to use purchased items and/or training

for purposes other than those permitted by the act without the prior consent of the President.

Section 4 of the AECA states that sales are authorized to friendly countries solely for specific

92

“U.S.-Israel To Develop David's Sling Missile Defense,” DefenseNews.com, August 7, 2008.

This subsection was prepared by Christopher M. Blanchard, Analyst in Middle Eastern Affairs. For more information

about oversight of the use of U.S. defense articles and services by foreign purchasers, see CRS Report RL30982, U.S.

Defense Articles and Services Supplied to Foreign Recipients: Restrictions on Their Use, by Richard F. Grimmett.

94

Yaakov Katz, “IAF uses new US-supplied bunker-buster smart bomb,” Jerusalem Post, December 29, 2008. See

U.S. Defense Security Cooperation Agency Transmittal No. 08-82, September 9, 2008, available at:

[http://www.dsca.mil/PressReleases/36-b/2008/Israel_08-82.pdf]. According to a memorandum accompanying the

notification of the proposed sale to congressional defense committees, the GBU-39 “is designed to destroy a wide

variety of targets from ranges of 40 nautical miles, such as fuel depots and bunkers, and penetrate over 1.2 meters of

steel reinforced concrete while inflicting minimum collateral damage.”

93

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŚȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

purposes, including, but not limited to, “internal security” and “legitimate self-defense.” These

terms are not defined in the AECA, in its predecessors, or in subsequent amendments. To date, the

President and Congress have chosen to interpret the terms on a case-by-case basis.

The AECA requires the President to report to Congress promptly when the President has received

information that a “substantial violation” of an agreement made pursuant to the AECA “may have

occurred.” Such a report is not required to reach a conclusion as to whether a substantial violation

of an agreement has or has not occurred. If the President were to submit a written report to

Congress stating that a substantial violation had occurred or in the event that Congress were to

pass and have enacted a joint resolution containing such a finding, then the recipient country in

question would become ineligible for purchases of U.S. defense articles or services. Such a joint

resolution or any other legislation seeking to restrict or condition sales of defense articles and

services to specific countries would be subject to presidential veto.

Sales of U.S. defense articles and services to Israel are made subject to the terms of the July 23,

1952 Mutual Defense Assistance Agreement between the United States and Israel (TIAS 2675).

The 1952 agreement states:

The Government of Israel assures the United States Government that such equipment,

materials, or services as may be acquired from the United States ... are required for and will

be used solely to maintain its internal security, its legitimate self-defense ... and that it will

not undertake any act of aggression against any other state.

To date, Israeli leaders and officials have publicly described recent Israel Defense Forces (IDF)

military operations in Gaza as defensive actions taken in response to rocket attacks on Israeli

towns, cities, and civilians by Hamas, which is a U.S.-designated Foreign Terrorist Organization,

and other Palestinians in Gaza. Some Palestinian groups and other Arab and international

governments have characterized Israel’s military operations in Gaza as acts of aggression.

President Bush stated on January 5, 2009 that “the situation now taking place in Gaza was caused

by Hamas,” and added that “Israel has obviously decided to protect herself and her people.”95 As

mentioned above (see “Overview of the Conflict”), the Senate and the House overwhelmingly

passed resolutions during the week of January 5 in connection with the Gaza conflict that

supported Israel’s right to defend itself.96

On January 6, 2009, Representative Dennis Kucinich submitted a letter to Secretary of State

Condoleezza Rice requesting that the Administration submit a report examining “Israel’s

compliance with the provisions of the Arms Export Control Act” in relation to ongoing Israeli

military operations in Gaza. The letter expresses support for “Israel’s security and its right to exist

95

The White House, Office of the Press Secretary, “Transcript: President Bush Meets with First Vice President of the

Government of National Unity of the Republic of Sudan and President of the Government of Southern Sudan Salva

Kiir Mayardit,” January 5, 2009.

96

Two other resolutions, H.Res. 37, which condemned Hamas “for the recent attacks against Israel,” and S.Res. 6,

which expressed “solidarity with Israel in Israel’s defense against terrorism in the Gaza Strip,” were introduced and

referred to the House Committee on Foreign Affairs and Senate Committee on Foreign Relations, respectively, but not

passed.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řśȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ

Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

in peace, without the fear of rocket attacks from Hamas,” while arguing that “Israel’s most recent

attacks neither further internal security nor do they constitute ‘legitimate’ acts of self-defense.”97

As mentioned above, a report issued by the Administration in response to the question of whether

or not a “substantial violation” of a sales agreement with Israel made pursuant to the AECA “may

have occurred” may, but need not, definitively determine whether a violation has occurred. Any

determination that a violation has occurred must be based on definitive proof that U.S.-sold

equipment has been used in specific acts that violate a sales agreement with the United States

pursuant to the AECA.

In the past, the Bush Administration and some of its predecessors have transmitted reports to

Congress stating that “substantial violations” of agreements between the United States and Israel

regarding arms sales “may have occurred.” The most recent report of this type was transmitted in

January 2007 in relation to concerns about Israel’s use of U.S.-supplied cluster munitions during

military operations in Lebanon during 2006.98 Other examples include findings issued in 1978,

1979, and 1982 with regard to Israel’s military operations in Lebanon and Israel’s air strike on

Iraq’s nuclear reactor complex at Osirak in 1981. The Reagan Administration suspended the

delivery of cluster munitions to Israel from 1982 to 1988 based on concerns about Israel’s use of

U.S. supplied cluster munitions in Lebanon. The Reagan Administration also briefly delayed a

scheduled shipment of F-15 and F-16 aircraft to Israel following Israel’s 1981 strike on Iraq.

While it appears unlikely that the Obama Administration is presently inclined to characterize

Israel’s military operations in Gaza as anything but defensive measures, heightened congressional

or public concern could lead the Administration to seek renewed assurances from Israel about the

nature of its use of defense articles and services purchased from the United States.

ǯǯȱ ž–Š—’Š›’Š—ȱ’ȱǻ —Œ•ž’—ȱ˜ȱǼȱŠ—ȱ‘Ž›ȱ

Œ˜—˜–’Œȱœœ’œŠ—ŒŽȱ˜ȱŠ•Žœ’—’Š—œşşȱ

ǯǯȱ ž–Š—’Š›’Š—ȱœœ’œŠ—ŒŽȱŽ•ŠŽȱ˜ȱ‘Žȱ Š£Šȱ˜—•’Œȱ

As of February 13, 2009, the United States had contributed a total of just over $61.5 million in

humanitarian assistance with respect to the conflict in Gaza—$38.5 million to UNRWA, $15.7

million to the International Committee of the Red Cross (ICRC) (including $9.7 million for its

Middle East Emergency Appeal—nearly two thirds of which is programmed in Gaza), $800,000

to the U.N. Office for the Coordination of Humanitarian Affairs (UNOCHA), and just over $6.5

million in bilateral assistance through the U.S. Agency for International Development (USAID).

97

Office of Representative Dennis J. Kucinich, "Press Release: Israel May Be in Violation of Arms Export Control

Act," January 6, 2009.

98

Sean McCormack, U.S. Department of State Spokesman, Daily Press Briefing, Washington, DC, January 29, 2007.

99

This subsection was prepared by Jim Zanotti, Analyst in Middle Eastern Affairs. For further information on U.S.

assistance figures listed in this subsection (including in Table 2), see CRS Report RS22967, U.S. Foreign Aid to the

Palestinians, by Jim Zanotti.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŜȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

ǯǯȱ˜—›’‹ž’˜—œȱ˜ȱȱŠ—ȱ‘Ž›ȱ —Ž›—Š’˜—Š•ȱ›Š—’£Š’˜—œȱ

The United States is the largest single-state donor to UNRWA, which provides food, shelter,

medical care, and education for many of the original refugees from the 1947-1949 Arab-Israeli

war and their families—now comprising approximately one million Palestinians in the Gaza Strip

(two thirds of the total Gaza population) and 3.6 million other Palestinians in the West Bank,

Jordan, Syria, and Lebanon. On December 30, the Bush Administration announced an initial

contribution of $85 million toward UNRWA’s 2009 appeals—$5 million were eventually

allocated to a special Gaza Flash Appeal fund first established on December 31 in relation to the

conflict (see “Gaza Flash Appeal” below), $20 million were allocated to the emergency appeal

fund for the West Bank and Gaza, and $60 million (not counted for purposes of calculating the

$61.5 million cited above) were allocated to the general UNRWA fund. The United States

contributed $185 million to UNRWA in 2008.

On January 27, the Obama Administration authorized another U.S. contribution of humanitarian

aid for Gaza totaling $20.3 million.100 Of this aid, $13.5 million of this aid went to UNRWA ($3.5

million to the Gaza Flash Appeal and $10 million to the emergency appeal fund for the West

Bank and Gaza), $6 million went to the ICRC for its Emergency Appeal for Israel, and $800,000

went to UNOCHA.

Depending on the continuing humanitarian needs of the refugee-heavy Gaza population, Congress

could face additional requests for FY2009 appropriations to the State Department accounts from

which contributions to UNRWA and other international organizations are made. A proposal for

continued or increased aid to UNRWA could meet with increased scrutiny if there is a perception

that resources from UNRWA or other international organizations were used (with or without

organizational complicity) to strengthen Hamas or to repel or frustrate Israeli military operations

in Gaza.101 For information on the coordination of international humanitarian efforts in Gaza, see

“Humanitarian Situation and Response” above.

100

See Presidential Determination 2009-15, available at http://www.whitehouse.gov/blog_post/relief_for_gaza/.

See H.R. 557 (United Nations Transparency, Accountability, and Reform Act of 2009), Sec. 309 (“Withholding of

United States Contributions to UNRWA”), as an example of legislation that has already been proposed in the 111th

Congress to limit and place conditions on contributions to UNRWA (Referred to House Committee on Foreign Affairs,

January 15, 2009). See also H.Con.Res. 29 “Expressing the sense of Congress that the United Nations should take

immediate steps to improve the transparency and accountability of the United Nations Relief and Works Agency for

Palestinian Refugees (UNRWA) in the Near East to ensure that it is not providing funding, employment, or other

support to terrorists” (Referred to House Committee on Foreign Affairs, January 28, 2009); and (from the 110th

Congress) H.Res. 939: “Condemning the glorification of terrorism and the continuing anti-Israel and anti-Semitic

rhetoric at the United Nations” (Referred to House Committee on Foreign Affairs, January 23, 2008).

101

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŝȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

ǯǯȱ’•ŠŽ›Š•ȱœœ’œŠ—ŒŽȱ˜ȱ‘ŽȱŠ•Žœ’—’Š—œȱǻŽœȱŠ—”ȱŠ—ȱ Š£ŠǼȱ

Independent from its contributions to UNRWA and other international organizations, the United

States provides substantial economic and development assistance to the West Bank and Gaza

(approximately $239.5 million through USAID in FY2008). Authorized under a continuing

resolution to provide assistance at FY2008 levels

through March 6, 2009, USAID has disbursed

Table 2. U.S. Appropriated Funds

over $6.5 million in aid to meet humanitarian

needs in Gaza during the conflict and in its

Directed to Palestinians (June 2007aftermath, and additional allocations may be

December 2008)

forthcoming.

$ in millions

Budgetary Aid to Palestinian

$300.0

According to USAID, $3.75 million of this $6.5

Authority

million in bilateral U.S. humanitarian assistance

Other Economic & Development

for Gaza were in the form of grants to approved

$267.5

Assistance

U.S. non-governmental organizations that

Security Assistance to PA Forces

$161.3

maintain access to Gaza (CARE International,

Mercy Corps, American Near East Refugee Aid

TOTAL

$728.8

(ANERA), Cooperative Housing Foundation

Source: U.S. Department of State.

(CHF International), Relief International, Catholic

Notes: Amounts used for security assistance were

Relief Services, International Orthodox Christian

appropriated or reprogrammed to the International

Charities (IOCC)). In addition, $1.6 million were

Narcotics Control and Law Enforcement account;

all other amounts were appropriated to the

in the form of food aid through the World Food

Economic Support Fund account; contributions to

Programme (1,666 metric tons of two-month food

UNRWA and other international organizations

rations distributed to over 21,000 needy families in (which come from the Migration and Refugee

Gaza City, Khan Yunis, and North Gaza), and the

Assistance and Emergency Refugee and Migration

remainder (approximately $1.15 million) was in

Assistance accounts) are not included; all amounts

the form of direct deliveries of food items, medical are approximate.

supplies, blankets (40,000 count), and plastic

sheeting. Additional grants in the total amount of $4 million to CHF International, Catholic Relief

Services, Save the Children, World Vision, and Agency for Technical Cooperation and

Development (ACTED) are expected. The United States might be asked to increase this

assistance and to aid post-conflict reconstruction and development in Gaza, which raises

questions over which Palestinian groups might be in a position to receive and to utilize aid for

reconstruction (see “Concerns Regarding Reconstruction” above). Currently, economic assistance

to the West Bank and Gaza is subject to prohibitions on aid to Hamas or Hamas-affiliated

organizations.

Additionally, the United States has transferred $300 million directly to the West Bank-based

Palestinian Authority in the past calendar year in order to help the PA meet its budgetary

obligations to pay employee salaries—the primary engine for an economy that boasts of little

private sector activity or foreign investment. Current law forbids the PA to use U.S. budgetary

transfers for the payment of PA salaries in Gaza. There might be calls for Congress to lift this

restriction and perhaps to increase direct budgetary aid to the PA to accommodate the increased

expenses the PA may incur if it becomes the party primarily responsible for reconstruction in

Gaza. The PA has already been compelled to take out a bank loan (using pledges of future

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŞȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

international assistance as collateral) in order to pay its workers’ January 2009 salaries after

beginning restitution payments to Gazans.102 Conversely, if a PA unity government is established

that includes Hamas (see “Efforts at Unity and the Question of Elections” below), current law

may require Congress to cease direct aid to the PA, or there could be calls for cessation or for

limits on other economic assistance to the West Bank and Gaza.

ǯǯȱŽŒž›’¢ȱœœ’œŠ—ŒŽȱ˜ȱ‘ŽȱŠ•Žœ’—’Š—ȱž‘˜›’¢ŗŖř

Currently, there are U.S.- and internationally-sponsored programs to help recruit, train, equip,

house, manage, and reform PA security forces based in the West Bank. These forces have been

deployed in major urban areas of the West Bank (including Jenin, Hebron, and Bethlehem) since

May 2008, and have won praise from most observers—Israeli, Palestinian, and international—for

their effectiveness in keeping public order and in countering the infrastructure of militant groups.

During the Gaza conflict, they were tasked with handling demonstrations held to protest the

Israeli offensive. By most accounts, the forces “performed exceptionally,” in the words of a senior

Western official in the region.104

Given that the PA forces appear to have acquitted themselves well during the Gaza conflict,

support from the Obama Administration for significantly expanded appropriations for the U.S.

security assistance program could be forthcoming. U.S. appropriations since mid-2007 total

$161.3 million, but those funds are expected to run out by summer 2009, if not sooner. If the PA

gains a role in patrolling Gaza border crossings, it is also possible that the U.S. Security

Coordinator (since November 2005, Lt. Gen. Keith Dayton) could have his mandate expanded to

help coordinate security arrangements for the crossings, as was contemplated in the 2005

Agreement on Movement and Access that is receiving renewed interest as part of the ongoing

discussions regarding a possible long-term cease-fire.

Concerns regarding security assistance may be whether U.S. involvement in Palestinian affairs is

enhancing the legitimacy of Abbas and the PA or detracting from it by allowing Hamas and others

to gain traction with their long-time argument that the PA is too beholden to the United States,

and whether U.S. involvement in strengthening and reforming PA security forces is feeding a

perception that the PA forces are more “Israel’s cops” than focused on state-building from a

Palestinian perspective. This could lead to a discussion of ways to advance the U.S. interest in

strengthening Palestinian moderates while at the same time reducing a U.S. “footprint” that some

might say is already modest.105

102

See “Palestinian Authority Borrows Money to Pay Salaries,” Agence France Presse, February 16, 2009; “Abbas

Withholds Salaries to Pay Gazans Hit by War,” Reuters, February 15, 2009.

103

This subsection was prepared by Jim Zanotti, Analyst in Middle Eastern Affairs. For further information on U.S.

assistance figures listed in this subsection (including in Table 2), see CRS Report RS22967, U.S. Foreign Aid to the

Palestinians, by Jim Zanotti.

104

CRS correspondence with senior Western official in the region, January 4, 2009.

105

The U.S. Security Coordinator’s team has fewer than 50 people based in Jerusalem and Ramallah and does not

conduct the general training of PA forces (it only helps coordinate these training activities, which are conducted by

Jordanian trainers at the International Police Training Center near Amman), nor does it directly command or control PA

security operations.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řşȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

ȱ

Another important factor in determining the PA forces’ success could be whether the Israelis

remain open to gradually increasing the forces’ freedoms of movement and of action that would

appear to be pivotal to their continued development and assumption of responsibility over

Palestinian-administered areas.106 Those supporting the loosening of deployment restrictions

justify their arguments by referring to the forces’ competence and discipline in handling

demonstrations during the Gaza conflict. Nevertheless, Israeli distrust of the PA forces (above all,

fears that they might turn against Israel107) could diminish expectations for what is achievable

with the forces.

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Thus far, the Obama Administration has voiced the same goals as the Bush Administration and

some of the same policies. The new Administration desires a two-state solution in which Israel

and Palestine would live together in peace and security. For example, at her January 13, 2009

Senate confirmation hearing to become Secretary of State, Hillary Clinton said that the Gaza

situation was a reminder of “the tragic humanitarian costs of conflict in the Middle East.... This

must only increase our determination to seek a just and lasting peace agreement that brings real

security to Israel—normal and positive relations with its neighbors, independence, economic

progress, and security to the Palestinians in their own state. We will exert every effort to support

the work of Israelis and Palestinians who seek that result....” As had officials of the Bush

Administration, Clinton insisted that the United States would not negotiate with Hamas until it

recognizes Israel, renounces violence, and abides by previous agreements: “That is just an

absolute for me. That is the United States’ position and the president-elect’s position.”

On his first full day in office, January 21, President Barack Obama telephoned Palestinian

Authority President Mahmoud Abbas, Israeli Prime Minister Ehud Olmert, Egyptian President

Hosni Mubarak, and Jordanian King Abdullah II reportedly “to communicate his commitment to

active engagement in pursuit of Arab-Israeli peace from the beginning of his term.” The next day,

President Obama and Secretary Clinton jointly announced the appointment of former Senator

106

A widespread Palestinian concern is that aspects of the Israeli occupation make it nearly impossible for PA forces to

demonstrate their true capacity for dismantling militant organizations. The IDF limits the effectiveness of the PA forces

by restricting the scope of PA security operations—through curfews, no-go zones, checkpoints, and limitations on

international arms and equipment transfers—and by refusing to make arrests requested by the PA in areas under Israeli

control. Reports indicate that militants from Hamas, Palestinian Islamic Jihad, and other groups have been able to “wait

out” PA surge operations in some cases by escaping to Israeli-administered and secured areas of the West Bank (socalled Areas B and C). Moreover, the IDF’s own effectiveness in apprehending terror suspects (particularly in areas

where newly-trained PA security forces are deployed) reinforces a common Israeli belief that handing over control of

anti-terror operations to the PA is not worth the risk of having such operations fail. Many Palestinian security personnel

feel, however, that IDF operations undermine the Palestinian public’s confidence in the PA forces’ competence and

legitimacy—confidence the security forces believe is important for them to enjoy in order to face down militant

networks.

107

However, Gen. Dayton (the U.S. Security Coordinator) says that the transformation and professionalization of the

PA security forces—marked by months of rigorous training for special “gendarmerie-style” battalions and their

leaders—have made the PA security forces far less likely to slip into factionally-driven conflict with Israel than their

predecessors from the bygone era of Yasser Arafat. See Interview of Lt. Gen. Keith Dayton by David Horovitz, “This

Time, It Will Be Different,” Jerusalem Post, December 11, 2008.

108

This section was prepared by Carol Migdalovitz, Specialist in Middle Eastern Affairs.

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Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

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George Mitchell as their Special Envoy for Middle East Peace. The President mainly focused on

the aftermath of the Gaza conflict. He asserted, “[T]he outline for a durable cease-fire is clear:

Hamas must end its rocket fire; Israel will complete the withdrawal of its forces from Gaza; the

United States and our partners will support a credible anti-smuggling and interdiction regime, so

Hamas cannot rearm.” He added, “As part of a lasting cease-fire, Gaza’s border crossings should

be open to allow the flow of aid and commerce, with an appropriate monitoring regime, with the

international [community] and Palestinian Authority participating.”109 Such a regime would be

similar to or the same as the one created in 2005 following Israel’s disengagement from Gaza

under the Israel-PA Agreement on Movement and Access. Both Secretary Clinton and Senator

Mitchell are planning to attend the donors’ conference for Gaza scheduled to take place on March

2 in Cairo.110

Soon after his appointment as Special Envoy for Middle East Peace, Senator Mitchell visited the

Middle East on a listening tour, during which he appeared to concentrate more on achieving a

durable cease-fire and on issues related to the Gaza conflict than on the peace process per se. For

example, he said that “To be successful in preventing the illicit trade of arms into Gaza, there

must be a mechanism to allow the flow of legal goods,” and suggested that borders be opened in

coordination with the PA.111 Thus, it is not yet clear how Mitchell intends to engage in the IsraeliPalestinian peace process, which has been mainly a bilateral process since before the Annapolis

Conference in 2007.

Mitchell’s tour included Israel, the West Bank, Jordan, Egypt, and Saudi Arabia, but not Syria or

the Gaza Strip. Obama Administration officials have not yet spoken about Israeli-Syrian peace

talks. In early February, the Commerce Department released export licenses for the repair of two

Syrian Airlines Boeing 747s, which had been held up during the Bush Administration. That is a

relatively minor development that may or may not be a clue to the future. Perhaps a more tangible

sign of U.S. interest in greater engagement with Syria is that four separate congressional

delegations, including delegations headed by Senate Foreign Relations Committee Chairman

John Kerry and House Foreign Affairs Committee Chairman Howard Berman, have reportedly

either already visited Damascus in February or are scheduled to do so. Kerry, who is reportedly

expected in Damascus on February 21, reportedly said in Egypt on February 15 that the United

States is “eager” to talk to Syria,112 and, in a February 17 interview with the United Kingdom’s

109

Transcript of Remarks by President Barack Obama, State Department, Washington, DC, January 22, 2009, available

at http://www.washingtonpost.com/wp-dyn/content/article/2009/01/22/AR2009012202550.html.

110

See U.S. Department of State Press Release, “Secretary Clinton Will Attend the March 2 Gaza Donors’ Conference

in Cairo,” February 11, 2009, available at http://jerusalem.usconsulate.gov/pr110209.html; Natasha Mozgovaya, “U.S.

Mideast Envoy: Settlements Aren’t the Only Issue,” haaretz.com, February 19, 2009.

111

Isabel Kershner, “Israeli Elections and Gaza Violence Complicates New U.S. Envoy’s Peace Mission,” New York

Times, January 30, 2009.

112

However, speaking from Israel on February 19, Sen. Kerry said that “Nobody takes words at face value, particularly

in this part of the world. We've learned that actions are what speak, and it's going to be important for Syria to show a

willingness to do a number of things,” including show respect for Lebanese elections, show a clearer willingness to

move toward peace with Israel, and cooperate with U.S. policy in Iraq and Iran. “U.S. Senator Says Syria Must Act to

Improve Ties,” Reuters, February 19, 2009. Senator Benjamin Cardin, who, in his capacity as Chairman of the U.S.

Helsinki Commission (formally known as the Commission on Security and Cooperation in Europe, which monitors

human rights) led a delegation to Damascus on February 18, said, after meeting with Asad, “The question we came [to]

try to answer here is about whether Syria is ready to make important and significant decisions that will bring us closer

together and move forward. Dialogue is important but actions speak louder than words. We will be watching Syria's

(continued...)

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Śŗȱ

œ›ŠŽ•ȱŠ—ȱ

Š–ŠœDZȱ˜—•’Œȱ’—ȱ Š£ŠȱǻŘŖŖŞȬŘŖŖşǼȱȱ

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Guardian newspaper, Syrian President Bashar al Asad said that he expects the United States to

send an ambassador to Damascus soon (there has been no ambassador since February 2005).113

Some believe that the appointment of an ambassador would be a clearer signal that U.S.

engagement in an Israeli-Syrian peace process is in the offing.

ž‘˜›ȱ˜—ŠŒȱ —˜›–Š’˜—ȱ

Jim Zanotti, Coordinator

Analyst in Middle Eastern Affairs

jzanotti@crs.loc.gov, 7-1441

Casey L. Addis

Analyst in Middle Eastern Affairs

caddis@crs.loc.gov, 7-0846

Carol Migdalovitz

Specialist in Middle Eastern Affairs

cmigdalovitz@crs.loc.gov, 7-2667

Christopher M. Blanchard

Analyst in Middle Eastern Affairs

cblanchard@crs.loc.gov, 7-0428

Jeremy M. Sharp

Specialist in Middle Eastern Affairs

jsharp@crs.loc.gov, 7-8687

Rhoda Margesson

Specialist in International Humanitarian Policy

rmargesson@crs.loc.gov, 7-0425

(...continued)

actions very carefully over the next weeks and months.” George Baghdadi, “In Syria, Cardin Seeks Reforms Before

Renewing Relations,” CBS News World Watch, February 18, 2009.

113

See Ian Black, “Assad Urges US to Rebuild Diplomatic Road to Damascus,” guardian.co.uk, February 17, 2009.

The article quotes Asad as saying, “There is no substitute for the United States,” but adding, “We are still in the period

of gestures and signals. There is nothing real yet.” According to the Associated Press and Israeli daily Ha’aretz, U.S.

Department of State spokesman Gordon Duguid said on February 18, in response to the Asad interview, that “Syria can

play a role, and a positive role, in the region by trying to help bring peace and stability to the Middle East, and I think

that the Syrians understand that they can do that. That is what the U.S. would like to see all nations in the region do.”

Natasha Mozgovaya, “U.S. State Department: Syria Can Play Positive Role in Mideast,” haaretz.com (with the

Associated Press), February 19, 2009.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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