ByJAMES GENN

On June 2, 2014, Hamas and Fatah factions formed a joint government, dubbed the "Palestinian Unity Government," to rule over the Palestinian Authority.

The government's formation was praised at the time by members of both factions and heavily criticized by Israel.

In reaction, Prime Minister Benjamin Netanyahu ceased two-state solution talks with Palestinian Authority President Mahmoud Abbas.

Then-US secretary of state John Kerry (under the Obama administration) also expressed "concern about Hamas's role in any such government."

At the time, Abbas announced the formation of the government on Palestine TV, stating that it would serve as an interim government until elections were held.

Then-Palestinian prime minister Rami Hamdallah holds a cabinet meeting of the Palestinian unity government in Ramallah, June 3, 2014.
Then-Palestinian prime minister Rami Hamdallah holds a cabinet meeting of the Palestinian unity government in Ramallah, June 3, 2014. (credit: Abbas Momani/AFP via Getty Images)

Was Abbas's declaration of Hamas unity government legal under Palestinian law?

Notably, a provisional Palestinian constitution, including the 2003 Amended Basic Law, may suggest that his declaration of forming a government was illegal, as it was done without approval from the PA's Legislative Council, as Articles 65-67 state that any government must gain the confidence and approval of the council to be legitimate.

It was also not the first time that the two factions had formed a unity government. In March 2007, Abbas and Hamas leader Ismail Haniyeh formed a joint government.

Abbas, on June 14, issued a Presidential Decree announcing a state of emergency and dissolved the government in June of that year, using Hamas's forcible takeover of the Gaza Strip (June 10-14, 2007) as the stated reason.

Palestinian Authority President Mahmoud Abbas and Hamas leader Ismail Haniyeh pictured in Gaza, March 17, 2007.
Palestinian Authority President Mahmoud Abbas and Hamas leader Ismail Haniyeh pictured in Gaza, March 17, 2007. (credit: Abid Katib/Getty Images)

The government did not last long, with Abbas dissolving it on June 17, 2015.

It faced several struggles, including Operation Protective Edge in the summer of 2014.

The operation happeed after Israel launched an offensive into the Gaza Strip after Hamas fired waves of rockets into Israel following the IDF's counterterrorism operations in the West Bank after Palestinian terrorists kidnapped three Israeli civilians.

During the operation, Israel presented evidence that appeared to show that Hamas was attempting to forcibly remove Fatah from power in the West Bank.