There are many aspects of the conflict between Israel and the Palestinians in urgent need of legal scrutiny as part of a much-needed critical dialogue. One such issue is Israel's claim towards Hamas to acknowledge that it has a 'right to exist'. This claim has not only been uncritically taken on board by the Quartet. It has become one of the top conditions to be fulfilled by Hamas for receiving aid by the Quartet and other international donors. At the risk of stating the obvious, we argue that this position lacks any basis under international law and will serve no constructive political purpose in seeking to resolve the conflict.