Zionist Organization of America (ZOA) National President Morton A. Klein and ZOA Director of Research and Special Projects Liz Berney, Esq. released the following statement:  

The Zionist Organization of America strongly condemns the newly-released February 2026 draft “State of Palestine” Constitution, authored by Palestinian Authority (PA) dictator Mahmoud Abbas’ constitution-writing committee which confirms that a Palestinian state would be constitutionally committed to persistent terrorism; “continuous Palestinian struggle” to destroy and replace all of Israel; establishing and enforcing Islam, Islamic Sharia law, pan-Arabism, a judenrein nation and the supremacy of the “Palestinian Arab” people; eliminating, delegitimizing, criminalizing and perpetrating lawfare against Jews, Jewish heritage and religion; enshrining a Palestinian Arab “right of return” to overrun Israel; declaring all of Jerusalem to be the Palestinian state’s capital; and ensuring government rewards to Palestinian Arab terrorists for murdering Jews.

The draft never endorses “peacefully living side by side with Israel” on part of Israel’s lawful land (the so-called “two state solution”). Rather, the new, absolutist “Palestine” constitution refers to all of Israel as an “occupation” and seeks Israel’s eradication. The new constitution thus makes it clear that a PA-run Palestinian state would be no different from a Hamas-run state.

Constitutional Commitment to Rewarding Terrorists and Their Families (“Pay to Slay”): 

Article 24 of the draft constitution commits the “State of Palestine” and its national institutions to protecting and caring for convicted terrorists and their families (described as “martyrs” and “families of martyrs and the wounded and prisoners and those released from occupation prisons and the victims of genocide”). Article 44 further mandates “comprehensive care” for the needs of Palestinian Arab terrorists and their families.

“Pay to slay” rewards for murdering Jews would thus be entrenched constitutional obligations of the “State of Palestine.” This alone should end support for any PA role in Gaza’s governance and any support for a Palestinian terror state. Terrorists’ constitutional “right” to rewards from the “State of Palestine” would likely also be considered to be a “fundamental right” that cannot be amended, pursuant to Article 156’s prohibition on amending “fundamental rights.”

Referring to All of Israel as an “Occupation” to be Eradicated (“Liberated”) by a Palestine State:

The “State of Palestine” constitution deems all of Israel to be an “occupation” to be destroyed. The constitution’s preamble repeatedly refers to “occupation” without even limiting the term “occupation” to the areas recovered by Israel in 1967. Israel is never mentioned by name. The preamble also calls Israeli prisons “occupation prisons”; specifically “rejects” the “colonial settlement occupation”; and demands “liberation” from and “getting rid of” the so-called “occupation.” Similarly, “Palestine” constitution Article 12 explicitly calls for “ending the occupation.” Meaning, ending all of the Jewish State of Israel.

Even anti-Israel United Nations resolutions that wrongfully seek to carve up Israel’s lawful land define so-called “Palestinian Occupied Territory” (”OPT”) more narrowly: as limited to the “West Bank” (Judea/Samaria), Gaza and the non-existent entity of “East Jerusalem.” By contrast, the anti-peace extreme “Palestine” constitution contains no notion of co-existing with Israel. The “Palestine” constitution contains no language acknowledging or implying that Israel has a continuing right to exist in any shape or form.

Further, the “State of Palestine” constitution preamble incorporates the violent, genocidal PLO National Covenant (by declaring that the “Palestine Liberation Organization (PLO) remains the sole legitimate representative of the Palestinian people [and] . . . continues to perform its national responsibilities according to the [PLO] National Covenant.”). The PLO National Covenant explicitly calls for the “elimination of Zionism in Palestine” (Article 15); insists that “Armed struggle is the only way to liberate Palestine” (Article 9); and states that Palestine is an “indivisible territorial unit” with the full British Mandate boundaries (Article 2). This is the incorporation of a plan for violently eradicating Israel.

The “Palestine” constitution also attempts to shore up Islamic claims to seize Israel by rewriting history and lying that Palestine is “where the Messenger of God [Mohammed] travelled.” In fact, Mohammed never traveled to or in “Palestine.”

Usurping All of the Jewish People’s Eternal City, Jerusalem, to Be the Palestine State’s Capital:

Jerusalem has been the Jewish people’s eternal capital and religious center for over 3,500 years, and the seat of Israel’s government, Knesset and courts. To this day, Jews pray towards the Jewish holy city of Jerusalem, while Muslims pray towards Islam’s holy city Mecca.

The “Palestine” constitution reverses and usurps the Jewish people’s longstanding history and rights. The “Palestine” constitution claims that all of Jerusalem is the Palestine state’s “eternal capital,” “its political, spiritual, cultural, and educational center,” “its national symbol” (Preamble and Article 3), and the national headquarters of its house of representatives (Article 105) and constitutional court (Article 137).

In addition, the “Palestine” constitution declares that the Palestine state is committed to protecting Jerusalem’s “Islamic and Christian sanctities” (but not Jerusalem’s Jewish sanctities) and that “any measures to change its character or historical identity are considered null and void.” (Article 3.) In other words, the “Palestine” constitution demands nullifying authentic, original Jewish history, Judaism and the Jewish state. Christianity will, moreover, have a lower status than Islam: The “Palestine state” constitution ambiguously states “Christianity has its status in Palestine.” (Article 4.) What status?

The “Palestine” constitution is thus far worse than the harmful “two-state” model. Even dangerous “two-state solution” concepts that seek to carve off the Jewish people’s rights and heritage call for a Palestinian state’s capital to be limited to the non-existent entity of “East Jerusalem” (meaning eastern Jerusalem, including the Jewish Old City, where the Jewish people’s holiest sites are located) – rather than the entire city of Jerusalem that the “State of Palestine” constitution claims for its capital.

Embedding Islam and Sharia Law, Palestinian Arab Supremacy, and Pan-Arabism:

The “State of Palestine” constitution establishes Islam as “the official religion in the State of Palestine” and embeds “the principles of Islamic Sharia” as “a primary source for legislation.” (Article 4.) By contrast, Israel has no official religion, and does not make Jewish religious law a primary source of legislation.

Additionally, the “Palestine state” judiciary is charged with “ensuring the supremacy of the Constitution” (Article 120) – meaning ensuring the supremacy of Islamic Sharia law established in the constitution.

Further, “Palestine state” officials must swear to preserve the Palestine state territory’s “unity,” to “protect its national and pan-Arab components and heritage, and to respect the Constitution and the [Sharia-based] law, and to protect the rights and freedoms of the Palestinian Arab people and serve their interests with full care . . .” (Articles 76 – president’s oath; 91 – ministers’ oath; 102 – legislators’ oath; 123 – Supreme Judicial Council oath; 125 & 140 – judges’ oath.) The “Palestine” constitution contains no such foundational protections for non-Arabs.

Criminalization, Delegitimization, and Perpetual Lawfare Against Jews:

The “Palestine State” constitution falsely declares that “the occupation” (Israel) is perpetrating “genocide” and “ethnic cleansing” (Preamble and Article 24), asserts that such crimes have no statute of limitations and cannot be pardoned (Article 69), and criminalizes “conspiracy against the unity and integrity of the territory of the State of Palestine.” (Id.)

These extreme, libelous provisions entrench perpetual lawfare against Jews in international forums and “State of Palestine” courts, and subject to imprisonment Jews and anyone who disagrees with the “State of Palestine”’s usurpations.

Enshrining a Fraudulent Palestinian Arab “Right of Return” to Overrun Israel:

The “State of Palestine” constitution repeatedly calls for a sweeping so-called Palestinian Arab “right of return” for “Palestinian refugees.” (Preamble, Articles 12 and 40.) There is no such unilateral right under international law. The relevant language in UN Resolution 194 (1948) was merely a recommendation; primarily applied to Jewish refugees from Arab lands; does not apply to descendants of “Palestinians”; does not apply because Palestinian Arabs left on their own or at the request of Arab governments; does not apply to Palestinian Arabs who perpetrated terrorist acts (the “persecutor exception” to refugee status); is conditioned on living in peace with ones’ neighbors; and places the responsibility for resettlement or compensation on the Arab governments who initiated the 1948 war to annihilate Israel. Granting the fraudulent “right of return” called for in the “Palestine” constitution would, moreover, overrun and destroy Israel.

Conclusion:

In sum, the new draft “State of Palestine” constitution should set off alarm bells. It once again demonstrates that the PA should have no governance role in Gaza, and that any Palestinian state would be a terrorist state committed to destroying Israel and its indigenous Jewish people.

Also see Elder of Ziyon’s and Seth Mandel’s excellent critiques of the new draft “Palestine” constitution (“The New Palestinian Constitution Makes Peace Illegal: It is a threat to Israel, Europe, Christians and Jews,” by Elder of Ziyon, Feb. 16, 2026; “Palestine’s Anti-Constitution,” by Seth Mandel, Commentary Mag., Feb. 13, 2026.)