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The 2026 Palestinian Constitution Reveals the True Intentions of a Palestinian State
(Jerusalem Center for Security and Foreign Affairs) Amb. Alan Baker - The recently published Palestinian Constitution, adopted in February 2026, reveals the true nature and intentions of any putative Palestinian state. It precludes any negotiated peace solution and overlooks the Palestinian commitment in the internationally-acknowledged 1993-5 Oslo Accords with Israel to negotiate an agreement on the permanent status of the territories and to live in peace with Israel. By advocating this constitution, the Palestinians are violating and undermining one of the most fundamental provisions of the Oslo Accords. The constitution refers in Article 3 to Jerusalem as the capital of the State of Palestine and commits to protecting its Christian sanctities. However, it entirely ignores the significant and ancient Jewish history and presence in Jerusalem. This includes Jewish holy places that are the epicenter of Judaism, central to the Jewish religion, and rich in historic Jewish heritage. Article 12's reference to a "right of return" for refugees - intended to demographically undermine Israel - is particularly objectionable, given that no such right exists in international law. This also blatantly ignores the Palestinian commitment in the Oslo Accords to negotiate with Israel over refugees. The inherent dichotomy between this strange Palestinian constitution and the hopes of Western leaders, based on a healthy dose of wishful thinking, for peaceful coexistence with Israel is glaring. The writer, former Legal Adviser and Deputy Director-General of Israel's Ministry of Foreign Affairs who participated in the negotiation and drafting of the Oslo Accords, heads the international law program at the Jerusalem Center.