Fatah: From PLO Terror to Palestinian Authority Governance5 min read

Succession Crisis and Governance by Decree under Mahmoud Abbas

This resource examines the prolonged presidency of Mahmoud Abbas, exploring how governance by decree and the absence of democratic elections have undermined Palestinian Authority legitimacy and created a succession crisis.

Succession Crisis and Governance by Decree under Mahmoud Abbas

The presidency of Mahmoud Abbas, also known as Abu Mazen, has transitioned from a promising era of institutional reform into a prolonged period of stagnant governance characterized by the centralization of authority. Since his election in January 2005 for what was intended to be a four-year term, Abbas has remained in power for nearly two decades without a renewed democratic mandate. This extension of executive tenure has been facilitated by the repeated postponement of national elections, often citing the inability to hold polls in East Jerusalem or the ongoing rift with Hamas. Consequently, the Palestinian Authority now faces a profound crisis of legitimacy that affects its ability to govern effectively and maintain domestic order.

The Post-Arafat Transition and the 2006 Schism

Following the death of Yasser Arafat in 2004, the international community initially viewed Mahmoud Abbas as a pragmatic leader capable of steering the Palestinian national movement toward statehood and transparency. However, the 2006 legislative elections, which saw a decisive victory for the militant group Hamas, fundamentally altered the political landscape of the West Bank and Gaza Strip. The resulting violent conflict between Fatah and Hamas led to a geographic and administrative split, leaving the executive branch in control of the West Bank. In the absence of a functioning legislature, Abbas began a process of institutional consolidation that increasingly relied on emergency powers rather than parliamentary oversight.

The historical record of the Palestinian Authority shows that the failure to reconcile these competing factions has led to a complete breakdown of the constitutional order. According to detailed biographical records of the leadership, Abbas has used the split to justify the indefinite suspension of the democratic process. This lack of electoral accountability has allowed the Fatah-dominated leadership to entrench itself within the structures of the PLO and the PA without public consent. For a deeper look at the early career and rise of the current leadership, see the biography of Mahmoud Abbas at the Jewish Virtual Library.

Key Facts

  • Mahmoud Abbas was elected in 2005 to a four-year term that has now extended past nineteen years.
  • The Palestinian Legislative Council has not convened since 2007 and was formally dissolved by decree in 2018.
  • Since 2007, hundreds of "laws by decree" have been issued by the presidency, bypassing any legislative debate.
  • The Palestinian Authority has not held a general national election since the legislative vote in 2006.
  • Key security and civil institutions are increasingly managed by a small circle of loyalists appointed by the president.

Governance by Decree and the Dismantling of Oversight

The erosion of the democratic foundation became most evident through the frequent use of presidential decrees to bypass legislative gridlock and suppress political opposition. In 2018, the Palestinian Constitutional Court, a body largely perceived as being under the influence of the presidency, formally dissolved the Palestinian Legislative Council. This move effectively removed the final check on executive power, allowing the president to enact laws, approve budgets, and make senior appointments unilaterally. Experts at the Washington Institute for Near East Policy have noted that this system has transformed the Authority into an autocracy where the rule of law is secondary to the preservation of the ruling elite.

Parallel to the legislative dissolution, the leadership has overseen significant changes to the judiciary to ensure institutional loyalty and limit judicial independence. In 2019, decrees were issued that dismantled the existing High Judicial Council and replaced it with a "transitional" body, while also lowering the retirement age for judges to remove potential dissidents. These actions further centralized power within the presidency and weakened the judiciary's role as an impartial arbiter of constitutional disputes. By controlling both the law-making process and the legal interpretation of those laws, the executive branch has insulated itself from accountability and public scrutiny. This systemic dismantling of the separation of powers has left the Palestinian public with no formal domestic recourse for political change.

The Brewing Succession Crisis and Factional Maneuvering

The lack of a clear and legally established succession plan remains one of the most volatile issues facing the Palestinian leadership today. Mahmoud Abbas has historically avoided appointing a formal deputy, leading to intense internal maneuvering among senior Fatah officials such as Hussein al-Sheikh and Majid Faraj. The promotion of al-Sheikh to the position of Secretary-General of the PLO Executive Committee in 2022 was seen by many as an attempt to designate a preferred successor. However, without a democratic process to legitimize a new leader, any transition of power risks sparking factional violence or a total collapse of administrative structures. The Council on Foreign Relations highlights that this uncertainty creates a dangerous vacuum that rival groups may seek to exploit.

Strategic Implications for Israeli Security

For the State of Israel, the instability of the Palestinian Authority and the looming succession crisis present a complex set of security and diplomatic challenges. The security coordination between Israeli forces and the PA is a cornerstone of regional stability, but this cooperation is increasingly threatened by the leadership's declining popular support. If a power vacuum occurs following the departure of the current president, radical elements or Hamas-aligned factions could seize the opportunity to expand their influence in the West Bank. Therefore, the erosion of legitimacy within Fatah-led institutions is not merely an internal Palestinian concern but a direct threat to the long-term security architecture of the region. Ensuring that a transition of power does not lead to chaos is a primary strategic priority for Israeli defense planners.

Verified Sources

  1. https://www.jewishvirtuallibrary.org/mahmoud-abbas-abu-mazen
  2. https://www.cfr.org/backgrounders/who-governs-palestinians
  3. https://www.washingtoninstitute.org/policy-analysis/palestinian-politics-after-abbas-sudden-succession-essay-series