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Gaza is one of those odd situations where the de jure and de facto governments are not the same. The difference between de jure and de facto is that the first one refers to the government as defined by internal law (i.e. a Constitution or similar) and international law (i.e. the type of government recognized by foreign states) and the second one refers to government as it actually functions. Most countries, like the United States, United Kingdom, Germany, and many others are in a situation where the de jure and de facto governments are the same. Some other places where the de jure and de facto governments are different are Somaliland and Transdniestria.

De Jure: According to the Oslo Accords and the Israeli-Palestinian Negotiations at Camp David, Palestine has one government that is currently based out of Ramallah and Abu Dis in the West Bank that intends to move its capital to East Jerusalem when practicable. The country would receive full sovereignty pending negotiations. That government is called the Palestinian Authority and still has de facto control over parts of the West Bank, but no longer exercises de facto control over Gaza (even though it does exercise de jure control).

De Facto: During the Palestinian Civil War of the Summer of 2006, Hamas, after winning the elections to rule the Palestinian Authority, was openly condemned by the West. Hoping to save face, Fatah, the then-current leaders of the Palestinian Authority, prevented Hamas from taking the parliamentary seats that they had won. This prompted a civil war from Hamas who successfully took the Gaza Strip away from Fatah, but did not attempt to take the West Bank because of its discontinuity. Gaza is currently de facto governed by Hamas and its party structure in an Islamic Fundamentalist style. Hamas has no intent to provide democratic elections, share power, or write up any sort of Constitution. It claims to enforce Shari'a Law, but it is certainly less barbaric than other groups that say the same (like al-Shabaab in Somalia), and does not explain which scholarly interpretation of Shari'a they are applying.

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