The Israeli Palestinian Confederation Constitution for a federal government.

Preamble

The peoples of Palestine and Israel, in order to establish peace and prosperity among the peoples of Palestine and Israel, establish justice, ensure domestic tranquility, promote the general welfare, and secure liberty for ourselves and our posterity, do ordain and establish this Constitution for the Israeli Palestinian Confederation.

The Israeli Palestinian Confederation serves as a government of the people to resolve conflicts and develop into the future in a fair and equitable manner.

Palestinians and Israelis are entitled to live at peace and enjoy liberty, the pursuit of happiness, and self-determination.

Palestinians and Israelis are entitled to equal rights under the law, and guaranteed human rights and freedom.

The creation of a Confederation is consistent with the aspirations of the peoples of Palestine and Israel. The Israeli Palestinian Confederation does not intend to supersede or supplant the Palestinian or Israeli Governments, nor to abrogate or undermine any agreements between those governments.

The principles stated above will be achieved through a mutual confederation, dedicated to fair representation of both the Israeli and Palestinian peoples, and dedicated to achieving consensus through confederation principles.


ARTICLE I

Section 1. All legislative powers herein granted shall be vested in the Parliament of the Israeli Palestinian Confederation, which shall consist of a combined 300 Palestinian and Israeli Representatives within Israel and Palestine. Said Parliament shall be called: The Israeli Palestinian Parliament. For the purpose of conducting the first election, districts shall be drawn by the Founding Committee prior to the elections.

Section 2. The Founding Committee shall prescribe the time, place and manner of the first elections for the Confederation as well as the time, place and manner for the first Parliament to conduct its legislative sessions and voting mechanism.

Section 3. After the first elections, the 300 districts shall be set by an independent committee composed of Israelis and Palestinians who meet the eligibility requirement to vote in the election, and who shall not run as candidates for the Israeli Palestinian Confederation or its Parliament. The committee shall be appointed in accordance with the “Appointment Clause” of Article I, Section 38.

Section 4. Districts shall be drawn randomly based on population. Districts may be drawn in blocks, to combine several districts, or may be drawn individually and distinctly to accommodate the individual location of a particular geographic location.

Section 5. The committee shall announce the districts at least 180 days prior to the election for the Israeli Palestinian Parliament. Districts may change at each election to reflect a change in geography or population. The committee shall attempt to assign districts to reflect the entire population, as well as all geographic locations in their entirety. Said committee shall be allowed sufficient latitude in drawing the districts to promote practical and efficient innovation to accommodate free and fair elections.

Section 6. Committee shall determine the time, place, and manner of the elections, as well as the time, place, and manner by which the elected Parliament members shall commence legislative sessions and establish voting procedures. Such commencement shall occur only after at least one hundred fifty (150) Parliament members have been elected, including not fewer than fifty (50) Palestinians and fifty (50) Israelis.

Section 7. In the event that any electoral district has not yet elected a Parliament member by the deadline set by the committee, elections in those districts shall continue until the required threshold has been achieved. Any legislation duly enacted by the elected Parliament members shall remain valid and enforceable notwithstanding the absence of representation from certain districts, and all such laws shall remain in full force and effect, subject to the provisions of this Constitution.

Section 8. No bill shall become law unless at least 55 percent of the Palestinian and at least 55 percent of the Israeli Parliament members have passed it and unless the respective Israeli and Palestinian governments and the separate Israeli and Palestinian legislative bodies have been given a reasonable opportunity to veto said bill and unless said governments and legislative bodies fail to veto such legislation within a reasonable time as prescribed by the bill. No bill shall prescribe a period of less than 30 days unless said bill is declared an emergency bill and unless a fair and reasonable opportunity is afforded to the Israeli and Palestinian governments and legislative body to veto said legislation.

Section 9. Veto power may be conferred, individually or jointly, upon the Israeli and/or Palestinian governments with respect to any legislation enacted by the Israeli Palestinian Confederation Parliament that affects their respective sovereignty and requires their active participation for its implementation.

Section 10. The determination of whether the legislation violates the Israeli or Palestinian governments sovereignty and requires their participation as indispensable government shall be made by the Israeli Palestinian Confederation Parliament as part of the statute or law which is being proposed. If the respective Israeli or Palestinian governments have no government or legislative body the requirement for a veto power for those specific entities are waived.

Section 11. Prior to the implementation of any law that affects the sovereignty of the Palestinian or Israeli governments, the Israeli Palestinian Confederation shall obtain an approved petition from the effected government authorizing it to enforce said law.

Section 12. Laws not affecting the Israeli or Palestinian governments sovereignty may pass upon a 55 percent vote of the Palestinian and 55 percent of the Israeli Parliament members and shall not be subject to veto by those governments.

Section 13. The Israeli Palestinian Confederation Parliament shall be composed of members chosen every four years by the people of the several districts. Said elections shall take place within the confines of Israel and Palestine. Those eligible to vote must hold citizenship of the State of Israel or of Palestine, as defined by either the Israeli or Palestinian governments, and must have attained the age of 18, and must be an inhabitant of Israel or Palestine at the time he or she votes .

Section 14. A candidate for Parliament shall be deemed duly elected from a district or a group of districts only upon receiving votes amounting to not less than One percent (1.00%) of the total population of one district. If no candidate meets the required threshold by the official election deadline, the respective district or group of districts shall temporarily remain unrepresented in Parliament. Notwithstanding the foregoing, eligible voters within such district or group of districts may continue to cast votes beyond the deadline until the threshold requirement is satisfied.

Section 15. Any candidate who meets the threshold and is elected after the official swearing-in of Parliament shall be sworn in upon certification of election results. Such members shall serve for the remainder of the parliamentary term.

Section 16. A person may be elected to Parliament provided he or she has attained the age of twenty-one years at the time of he or she is sworn in and is a citizen of Palestine or Israel and an inhabitant of the district of which he or she may be elected.

Section 17. All Parliament members shall announce their affiliated citizenship upon the announcement of their candidacy, and when elected, shall be counted as members of the same delegation as their announced citizenship and will remain so until the date of the termination of their term.

Section 18. A person may announce his or her candidacy for Parliament and President; however, should he or she be elected to both, he or she shall announce his/her choice, within 5 days from the date he or she was elected, as to his or her preferred choice of posts. No person shall serve simultaneously as an elected member in the Parliament and the executive branches of the Israeli Palestinian Confederation.

Section 19. Except for the first elections, the election for the Israeli Palestinian Confederation and the Israeli Palestinian Parliament shall take place at least 30 days prior to the expiration of the term of the Israeli Palestinian Confederation Parliament members.

Section 20. Each district shall elect the Parliament member who received the most votes. In the event of a block district which combines several representatives, those Parliament members who receive the most votes shall be elected

Section 21. When vacancies occur in any district or block of districts, the candidate who received the next highest number of votes shall be elected. If no such candidate exists, the delegation of the vacant representative shall appoint the representative.

Section 22. Each Parliament member of the Israeli Palestinian Confederation shall take the following oath prior to entering their office as legislators:

“I do solemnly swear (or affirm) that I will faithfully execute my duties as a Legislator for the Israeli Palestinian Parliament, and will to the best of my ability, preserve, protect and defend the Constitution of the Israeli Palestinian Confederation.”

Section 23. Parliament members of the Israeli Palestinian Confederation shall be elected for a period of four (4) years, and each parliament member shall have one vote. Parliament members shall not serve and shall not be elected for more than 12 years or three terms, whichever is greater.

Section 24. The Israeli Palestinian Confederation Parliament shall have the sole power to try and impeach the President and the Vice President, as well as any parliament members or officers and judges of the Confederation. When convening for that purpose, they shall be on oath or affirmation. When any Confederation Government member is tried, one Israeli and one Palestinian Parliament member of the Confederation shall preside. No person shall be impeached unless 55 percent of the Israeli and 55 percent of the Palestinian Parliament members have voted for the same article of impeachment. No person shall be convicted unless 65 percent of the Israeli and 65 percent of the Palestinian Parliament members have voted to convict on the same article.

Section 25. Judgment in cases of impeachment shall not extend beyond removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Israeli Palestinian Confederation; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Section 26. The Parliament shall be the judge of the elections, returns and qualifications of its own members.

Section 27. The parliament may determine the rules of its proceedings and punish its members for disorderly behavior.

Section 28. The Parliament shall keep a journal of its proceedings, and from time to time publish the same, and the yeas and nays of the members on any question shall be entered into the journal. The proceedings of the Parliament shall be open to the public, and its proceedings published and available to the public.

Section 29. The Parliament members may receive compensation for their services, to be ascertained by law, and paid out of the treasury of the Israeli Palestinian Confederation.

Section 30. Parliament members shall, in all cases except for treason, felony, and breach of the peace, be privileged from arrest by the Israeli Palestinian Confederation during their attendance at the Parliament, and in going to and returning from the same; and for any speech or debate, they shall not be questioned in any other place.

Section 31. No member of the Israeli Palestinian Confederation Parliament shall simultaneously serve as a member of either the Israeli or Palestinian governments, their legislative or judicial bodies, armed forces, or police forces.

Section 32. The first Parliament shall ratify the Constitution of the Israeli Palestinian Confederation in its present or amended form by at least 55 percent of the Palestinian and at least 55 percent of the Israeli Parliament members. Any subsequent amendments to the Constitution shall require sixty-five percent of the Israeli and sixty-five percent of the Palestinian Parliament members to the Israeli Palestinian Confederation. The Israeli Palestinian Confederation Constitution is not subject to a veto by the Israeli or Palestinian governments.

Section 33. The laws of the Palestinian government and the laws of the Israeli government shall constitute the supreme law of the land. In the event of a conflict between the laws of either the Israeli or Palestinian governments and those of the Israeli Palestinian Confederation, precedence shall be given to the laws of the respective Israeli or Palestinian governments, unless those laws abolish or restrict the authority of the Israeli Palestinian Confederation government.

Section 34. Any treaty entered by the separate Israeli or Palestinian governments shall be recognized and upheld by the Israeli Palestinian Confederation government, unless such treaty abolishes or imposes restrictions on the authority of the Confederation government.

Section 35. The Representatives of the Israeli Palestinian Confederation Government shall be bound by oath or affirmation to support the Constitution; but no religious test shall ever be required as a qualification for any office or public trust under the Israeli Palestinian Confederation.

Section 36. The Israeli Palestinian Confederation shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances.

Section 37. All debts contracted and obligations entered by the Founding Committee, before the adoption of this Constitution, shall be as valid against the Israeli Palestinian Confederation.

Section 38. Appointment Clause – No committee or judicial panel shall be appointed unless an equal number of Palestinians and Israeli members are appointed. No person who, at the time of appointment, is a member of the Israeli or Palestinian government, legislative body, judicial, arm or police force shall be appointed. No committee member, judicial officer, or executive appointed on behalf of the Israeli Palestinian Confederation shall take office unless he or she takes the same oath as his or her appointee has taken.

Section 39. The Israeli Palestinian Confederation Parliament may override any veto issued by the President of the Confederation by 65 percent of the Israeli and 65 percent of the Palestinian parliament members. The Israeli Palestinian Confederation shall not override any veto issued by either the Israeli or the Palestinian Governments. The Israeli Palestinian Confederation Parliament may override or veto any laws passed by either the Israeli or Palestinian government to dismantle or undo any part of the Israeli Palestinian Confederation or its institutions.

Section 40. This Constitution shall be interpreted based on its English language version. All statutes enacted by the Parliament shall be drafted and published in English, Arabic, and Hebrew, each version having equal legal force and effect. Any person charged with a criminal offense under a statute shall be provided with the formal charges and relevant legal documentation in the language determined by the appropriate legal authority.

Section 41. Elections shall be conducted in the most convenient manner, including the internet to accommodate the needs of the Israeli and Palestinian people.

Section 42. The Israeli Palestinian Confederation government shall be sworn as soon as practical after the election results have been certified by the Israeli Palestinian Confederation committee. All members of the Confederation shall take an oath of office which may be taken verbally or in writing, or in any manner sufficient to establish a meaningful communication of said oath or affirmation.

Section 43. Any member of the Israeli Palestinian Confederation who was elected in special elections or appointed for office shall serve until the next general elections, and if qualified, may run at any subsequent elections.

Section 44. If a Parliament member is sworn in, elected, or appointed after the original commencement date, his or her term in office shall, for all purposes, be deemed to have begun on the original commencement date.


ARTICLE II

Section 1. The executive power of the Israeli Palestinian Confederation shall be vested in a President and Vice President of the Israeli Palestinian Confederation. The President shall hold his or her office during the term of two (2) years and shall alternate at the expiration of the two years with the Vice President, who will become the President in the second two years of the term, at which point the previous President shall become Vice President. The President and the Vice President shall be elected together. Said President and Vice President shall be citizens and inhabitants of Israel or Palestine.

Section 2. The President and Vice President shall be elected during the general elections held at the same time as the elections for Parliament of the Confederation. The candidates who obtain the most votes by the election deadline from the entire pool of voters in Israel/Palestine shall be President for the first two years. The Vice President shall be of a different citizenship from the person elected President. The person who is of a different citizenship of the elected president who received the second largest number of votes by the election deadline from the entire pool of voters in Israel/Palestine shall be the Vice President.

Section 3. No person shall be elected to the office of President or Vice President unless the total number of voters participating in the general election meets a minimum threshold of three percent (3%) of the entire population in Israel Palestine. If this threshold is not met at the time of the deadline for the completion of the election, the general election for President and Vice President shall remain open until the required threshold is satisfied. Before the election date the committee will announce the total population and the threshold number required.

Section 4. The President and Vice President shall be elected every four years during the general election held by the Israeli Palestinian Parliament.

Section 5. The President shall have the power to veto legislation passed by the Confederation Parliament at any time prior to a veto issued by the separate Israeli or Palestinian Governments. However, the Parliament shall also have the power to overturn such veto upon a vote of 65% of the Palestinian and 65% of the Israeli Parliament members.

Section 6. The President may issue executive orders which will be in effect for a period of 120 days, to facilitate both his or her, and the Vice President’s executive duties. Said orders shall conform to duties bestowed upon him or her by this Constitution or by the Parliament members who may override said orders and regulations by 65 percent of the Israeli and 65 of the Palestinian Parliament members.

Section 7. The President shall appoint various secretaries and ministers who shall be confirmed by 55 percent of the Israeli and 55 percent of the Palestinian Parliament members. Said secretaries or ministers shall take the same oath of office as was taken by the president. No person, except a citizen and an inhabitant of either Israel or Palestine, shall be eligible for the office of Secretary of the Israeli Palestinian Confederation. No person shall be eligible for that office who simultaneously serves as a member of either the Israeli or Palestinian governments, their legislative or judicial bodies, armed forces, or police forces.

Section 8. The President shall have the power to enter into treaties with other governments subject to ratification by the Israeli Palestinian Parliament and subject to a veto power of the separate Israeli and Palestinian governments as prescribed by Article I.

Section 9. The Vice President shall act as the Chief and Commander of the Israeli Palestinian Confederation Police Force.

Section 10. The President and Vice President shall have the power to pardon any individual of all violations relating to laws within the jurisdiction of the Israeli Palestinian Confederation. However, the Parliament shall also have the power to overturn such pardon upon a vote of 55% of the Palestinian and 55% of the Israeli Parliament members or upon the vote of 65% of each delegation.

Section 11. No President or Vice President shall be elected or serve for more than eight years or two terms, whichever is greater.

Section 12. No person except a citizen and an inhabitant of Israel or Palestine shall be eligible to the office of President or Vice President; neither shall any person be eligible for that office who has not attained the age of thirty years at the time he or she is sworn in. The President and Vice President of the Israeli Palestinian Confederation Parliament shall not simultaneously serve as a member of either the Israeli or Palestinian governments, their legislative or judicial bodies, armed forces, or police forces.

Section 13. In case of the removal of the President from office, or of his or her death, resignation, or inability to discharge the powers and duties of said office, the same shall be bestowed on the next runner-up candidate for the same office, in the elections for the same time period, provided said candidate is of the same citizenship as that of the unavailable President. If no such candidate is available, special elections shall be held within 90 days of the President’s declared unavailability. The unavailability of the President shall be declared by the Parliament or by the President himself or herself. The newly elected President shall serve for the remainder of the term for which the unavailable President was originally elected.

Section 14. In case of the removal of the Vice President from office, or upon his or her death, resignation, or inability to discharge the powers and duties of said office, the same shall be bestowed on the next runner-up candidate for the same office, in the elections for the same time period, provided said candidate is of the same citizenship as that of the unavailable Vice President. If no such candidate is available, special elections shall be held within 90 days of the Vice President’s declared unavailability. The unavailability of the Vice President shall be declared by the Parliament, or by the Vice President himself or herself. The newly elected Vice President shall serve for the remainder of the term for which the unavailable Vice President was originally elected.

Section 15. In case of the removal of both the President and Vice President from office, or of the death, resignation, or inability of both the President and Vice President to discharge their powers and duties of said office, the same shall be bestowed on the next runner-up candidates for the same offices for the same time period, who shall maintain the same rotation as that of the unavailable President and Vice President. If no such candidates are available, special elections shall be held within 90 days from their declared unavailability. The unavailability of both the President and the Vice President shall be declared by the Parliament, or by both the President and Vice President. The newly elected President and Vice President shall serve for the remainder of the term for which the unavailable President and Vice President were originally elected.

Section 16. The President and Vice President may, at designated times, receive compensation for their services from the Israeli Palestinian Confederation.

Section 17. Before the President and Vice President enter into the execution of their offices, they shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully execute the office of President (or Vice President) of the Israeli Palestinian Confederation, and will to the best of my ability, preserve, protect and defend the Constitution of the Israeli Palestinian Confederation.”

Section 18. The President and Vice President shall have the powers as bestowed upon them by this Constitution and the Legislators of the Israeli Palestinian Parliament, subject to the veto power of the separate Israeli and Palestinian Governments as stated in Article I of this Constitution.

Section 19. The President, Vice President, Parliament members, judges and all civil officers of the Israeli Palestinian Confederation, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes.

Section 20. If a President or vice President is sworn in, elected, or appointed after the original commencement date, his or her term in office shall, for all purposes, be deemed to have begun on the original commencement date.


Article III

Section 1. The judicial power of the Israeli Palestinian Confederation shall be vested in one Supreme Court and in such lower courts as the Parliament may from time to time ordain and establish. There shall be an equal number of Israeli and Palestinian Judges.

Section 2. All Judges for the Israeli Palestinian Confederation shall be appointed equally by the President and Vice President and shall be confirmed by the Parliament.

Section 3. In the event of unavailability, a Judge shall be appointed by the President or Vice President of the same citizenship as the unavailable Judge and shall be confirmed by the Parliament.

Section 4. No judges shall simultaneously serve as a member of either the Israeli or Palestinian governments, their legislative or judicial bodies, armed forces, or police forces.

Section 5. Judges of the Israeli Palestinian Confederation shall hold their offices during good behavior and may remain in office until they voluntarily resign or are removed through impeachment and conviction by the Parliament.

Section 6. The judicial power shall extend to all cases arising under this Constitution and the laws of the Israeli Palestinian Confederation.

Section 7. All cases shall be heard by an equal number of Israeli and Palestinian Judges. Decisions shall be made by a simple majority. In the event a simple majority is unattainable, a random drawing to remove one Judge will be held. However, any legal decision against a Palestinian or Israeli citizen or entity shall have most judges of the same citizenship as that of the person or entity against whom a decision is rendered.

Section 8. All legal decisions, except those relating to the internal operation of the Confederation government rendered by the Israeli Palestinian Supreme Court, or any of the lower courts that affects the respective sovereignty of the Israeli or Palestinian governments and requires their active participation for its implementation shall have an automatic 30-day stay and may be appealed to the separate Israeli or Palestinian judicial systems and may be subject to a complete or partial reversal or modification by the respective Palestinian or Israeli Courts in accordance with their laws and requirements.

Section 9. The Israeli Palestinian Confederation decisions relating to the internal operation of the Confederation government shall become final upon a decision of the Israeli Palestinian Confederation Supreme Court.

Section 10. The Israeli Palestinian Confederation Judicial System shall give full faith and credit to any legal decision made by the separate Palestinian or Israeli Judicial System.


Constitutional definitions:

  • Palestine: West Bank and Gaza
  • Israel: The entire state of Israel which is under the control of the Israeli government
  • Inhabitant: A person who permanently resides in Israel or Palestine in the last 180 days before the upcoming elections.
  • Israeli Citizen: A person who is recognized under Israeli law as a citizen of Israel.
  • Palestinian Citizen: A person who is recognized under Palestinian law as a citizen of Palestine.
  • Different Citizen: for an Israeli citizen a “different citizen” is a Palestinian citizen. For a Palestinian citizen a “different citizen” is an Israeli Citizen.
  • Gender: –Masculine includes both masculine and feminine.
  • Confederation/Federation: For the purposes of this constitution, the terms “Confederation” and “Federation” shall have the same meaning.

Join our next Israeli Palestinian Zoom event

We are conducting, collaborative, interactive and thought-provoking Zoom events to explore peace between Israelis Palestinians.

Please sign up and we will send you an invitation with a link and a password.

* indicates required

Summary of the IPC simulation of September 19th with Alan Dershowitz

Summary of the IPC simulation of September 19th with Alan Dershowitz

Josef AvesarSep 20, 20213 min read

Below is a recording of the September 192021, simulation with Professor Alan Dershowitz Professor Alan M. Dershowitz teaches law at Harvard university. He specializes in civil liberties, individual rights and criminal law. He is also known as “Israel’s single most visible attorney in the court of public opinion. He published many books and articles including “The case for Israel “, “The case against Israel’s enemies” and “the case against BDS…

Summary of the September 5th simulation with Ambassador Dennis Ross

Summary of the September 5th simulation with Ambassador Dennis Ross

Josef AvesarSep 7, 20212 min read

Below is a recording of our simulation. Ambassador Dennis Ross played a leading role in shaping U.S. involvement in the Middle East peace process, dealing directly with the parties as the U.S. point man on the peace process in both…

Summary of the simulation with Noam Chomsky of August 22, 2021

Summary of the simulation with Noam Chomsky of August 22, 2021

Josef AvesarAug 24, 20212 min read

Below is a link to the full simulation. Professor Noam Chomsky teaches analytic philosophy and cognitive science at MIT and the University of Arizona. He was our guest speaker. In each simulation participants assumes the role of Israeli prime minister,…

SUMMARY OF THE SIMULATION OF PETER BEINART

SUMMARY OF THE SIMULATION OF PETER BEINART

Josef AvesarAug 9, 20212 min read

Below you will find a link to watch the full simulation. Peter Beinart is a Professor of Journalism and Political Science, the Editor-at-Large of Jewish Currents, a CNN Political Commentator, a frequent contributor to The New York Times and a Fellow at…

Ask A Leader – Podcast: Interview with IPC’s Josef Avesar

Ask A Leader – Podcast: Interview with IPC’s Josef Avesar

Josef AvesarAug 5, 20211 min read

The Ask A Leader Podcast is show about politics, culture, religion, health, education, the environment and more. They take stock of and hear from individuals who have taken the charge. While usually covering local developments, sometimes it is necessary for…