Abstract

This study examines the legal and constitutional status of the Palestine Liberation Organization in light of its distinctive establishment as a national framework representing the Palestinian people both in the occupied Palestinian territory and in the diaspora. It analyzes the documentary foundations of the PLO’s legal status through the Palestinian National Charter, the Basic Law of the Palestine Liberation Organization, and the 1988 Palestinian Declaration of Independence. These documents perform constitutional functions related to defining the identity and national rights of the Palestinian people and regulating the PLO’s institutional structure and competences. The study also addresses the institutional basis of the PLO’s representative character by examining the legal status and functions of the Palestinian National Council, the Central Council, the Executive Committee, and other affiliated institutions. It further analyzes the position of the PLO within Palestinian constitutional legitimacy following the establishment of the Palestinian National Authority, focusing on the legal foundations of their relationship and the forms of institutional and functional overlap between them. The study concludes that the establishment of the Palestinian National Authority did not legally replace the PLO or transfer to it the general representation of the Palestinian people. The PLO retained its comprehensive national and representative character, whereas the Authority exercises limited territorial and functional powers. Nevertheless, institutional practice has created considerable overlap between the two entities, resulting in uncertainty regarding the distribution of competences and political responsibility. The study therefore emphasizes the need to regulate their relationship within a clear constitutional framework that preserves unified Palestinian representation and strengthens institutional accountability.

Keywords

Palestine Liberation Organization; Legal Personality; Representative Status; Constitutional Legitimacy; Palestinian National Authority; Institutional Overlap.