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Israel's Creeping Annexation

  • Omar M. Dajani (a1)
Abstract

A raft of legislative proposals introduced in the Knesset over the last several years has raised the specter of Israeli annexation of additional West Bank territory. One bill would provide for nearly automatic application of new Knesset legislation to Israelis residing in the West Bank. A second would authorize the expropriation under certain circumstances of privately-owned Palestinian land for incorporation into Israeli settlements, extending the Knesset's reach to the regulation of West Bank land use by non-Israelis. A third, entitled the “Maale Adumim Annexation Law,” provides for the full application of Israeli law in Israel's largest West Bank settlement, as well as in an adjacent twelve square kilometer area called the “E1 Zone,” one of the few remaining land reserves available for the development of Palestinian East Jerusalem.

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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1 See Jonathan Lis & Chaim Levinson, Justice Minister Ayelet Shaked Pushes Plan to Apply Israeli Law in West Bank Settlements, Ha'aretz (May 2, 2016).

2 See Ruth Levush, Israel: Law for the Regulation of Settlement in Judea and Samaria, 5777-2017, Library of Congress (Feb. 2017).

3 See Tamar Pileggi, Coalition MKs to Renew Push for Maale Adumim Annexation, Times of Israel (Mar. 2, 2017).

5 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004 ICJ Rep. 131, para. 121 (July 9).

7 See, e.g., Matthew Mark McMahon, Conquest and Modern International Law 8 (1940); Coleman Phillipson, Termination of War and Treaties of Peace 9–19 (1916).

8 Phillipson, supra note 7, at 9; see also Amos S. Hershey, The Essentials of International Public Law and Organization 277 (1930) (observing that incorporation of subjugated territory “must be shown by some act showing intention (such as a decree of annexation) and ability to maintain permanent possession”).

9 Phillipson, supra note 7, at 10.

10 Id. at 10–11.

11 See GA Res. 68/262, para. 5 (Apr. 1, 2014) (emphasizing legal invalidity of the referendum held in Crimea as basis for altering region's status).

13 See Israel Ministry of Foreign Affairs, Israeli Settlements and International Law (Nov. 30, 2015).

14 Id.

15 United Nations Office for the Coordination of Humanitarian Affairs, Restricting Space: The Planning Regime Applied to Area C of the West Bank 5 (Dec. 2009).

16 See Interview with Joel Singer, Israel Defense Forces Legal Counsel, Kol Israel Radio (Mar. 11, 1997).

17 See, e.g., Marissa Newman, Rivlin backs annexation with full rights for Palestinians, Times of Israel (Feb. 13, 2017) (describing support of Israel's President Reuven Rivlin for annexation of entire West Bank).

18 See generally Shaul Arieli et al., Historical Political and Economic Impact of Jewish Settlements in the Occupied Territories, Israeli European Policy Network (2009).

20 Human Rights Council, Human rights situation in Palestine and other occupied Arab territories, para. 11, UN Doc. A/HRC/34/39 (Mar. 13, 2017).

21 World Bank, Area C and the Future of the Palestinian Economy 4 (Oct. 2, 2013).

22 Id.

23 Arieli et al., supra note 18, at 6.

24 United Nations Office for the Coordination of Humanitarian Affairs, The Humanitarian Impact on Palestinians of Israeli Settlements and Other Infrastructure in the West Bank (July 2007).

25 Al Haq, Water for One People Only 33–35 (2013).

26 See Amnesty International, Troubled Waters: Palestinians Denied Fair Access to Water 12 (Oct. 2009).

27 See David Kretzmer, The Occupation of Justice 32–33 (2002); Eyal Benvenisti, The Missing Argument: The Article that Changed the Course of History?, 111 AJIL Unbound 41 (2017).

28 Association for Civil Rights in Israel, One Rule, Two Legal Systems: Israel's Regime of Laws in the West Bank 6 (Oct. 2014).

29 See Bernard Avishai, A Plan for Peace That Can Still Be, N.Y.Times (Feb. 7, 2011).

30 Mark Langfan, Netanyahu ‘won't Uproot Any Settlements, Anywhere’, Arutz Sheva 7 (Jan. 26, 2014).

31 See Geneva Convention Relative to the Protection of Civilian Persons in Time of War art. 47, Aug. 12, 1949, 75 UNTS 287 (providing that annexation of all or part of territory would not deprive protected persons there of Convention's protection).

32 Int'l Law Comm'n, Report on the Work of Its Fifty-Third Session, UN GAOR, 56th Sess., Supp. No. 10, at 114, para. 5, UN Doc. A/56/10 (2001).

33 SC Res. 2334 para. 5 (Dec. 23, 2016).

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AJIL Unbound
  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
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