Ramallah: In a historic first, the Israeli parliament (the Knesset) passed a bill on Monday that legalised the expropriation of privately-owned Palestinian land and construction on it for the exclusive colonisation by Jews throughout the West Bank.
The Israeli colonial movement hailed the legislation as a turning point in the 50-year colony project. “The era of evacuating Jewish [colonists], such the one carried out against the Amona outpost last week, is over,” said the Israel colonial movement in a statement to The Times of Israel.
When Israel occupied the West Bank in the 1967 Mideast war, the Israeli military replaced the pre-existing Jordanian court system with a system of military committees. The Israeli military and its appointees review Palestinian civilian cases, and officially extended the use of the Emergency Regulations of 1945 to the occupied territories in the West Bank.
However, this new legislation is unprecedented for Israel because applying Israeli laws on the West Bank is widely viewed as a major step towards the annexation of the occupied territory. Even some Jewish far right groups believe that applying the Israeli law on the West Bank is a red line which Israel refrained from crossing in its 50 years of occupation.
Q- Why is applying the Israeli law in the occupied Palestinian territories a step towards annexation?
A- According to hard-line former Likud minister Dan Meridor, the Knesset never played a central role in regulating Palestinian property ownership since West Bankers do not vote for the Knesset. Accordingly, the Knesset does not have the right to legislate on the occupied population. This would occur only if a bi-national state emerged case where the Palestinians of the West Bank would be granted Israeli citizenship and right to vote, as was the case when Israel formally annexed occupied East Jerusalem.
Q- Why now?
A- The aftermath of the evacuation of the colony outpost of Amona whose residents and their supporters from the Israeli government vowed not to bow down easily, highlights the Israeli government’s ability to find the necessary loophole allowing the colonists to stay in the West Bank and legalise their outposts. Israel took advantage of the increased support of US President Trump and his administration for Israel and briefed the White House on the Israeli vote. According to Haaretz, Israeli Prime Minister Benjamin Netanyahu was seeking to postpone the bill, but later said that he had informed the White House of his intention of putting the legislation to a vote. All of a sudden, Netanyahu changed his mind and ordered the bill — which had already been delayed for a month and a half — for an immediate vote which even he could not attend.
The occupied West Bank is home to 150 Israeli colonies officially established by the Israeli government, as well as about 100 outposts which squatting Jewish colonists established on their own, and later applied to have legalised in terms of Israeli law. The new legislation would allow continued construction of outposts throughout the West Bank and would also secure colonists from future demolition orders and allow them to remain on lands to which Palestinian families hold title deeds.
Since Israel conquered the West Bank in 1967, it almost immediately started establishing colonies there.
Colony building on Palestinian land is illegal under international law. Confiscation of land to build or expand colonies is similarly prohibited. Numerous UN resolutions have clearly stated that the Israeli colonies constitute a violation of international law.
Q- Does this legislation apply retroactively or does it apply only on the outposts to be built?
A- According to Haaretz, initially the legislation would suspend enforcement measures against 16 previously unauthorised outposts. Afterwards, Justice Minister Ayelet Shaked who is empowered by the legislation, may expand the list by means of an order and with the approval of the Knesset Constitution, Law and Justice Committee which is dominated by far right lawmakers and parties.
Q- How would Israel retroactively legalise the colony outposts?
A- According to the bill, Israel would declare Palestinian land on which colonies or outposts were built, “in good faith or at the state’s instructions” as government property, and deny its Palestinian owners the right to use or hold those lands until there is a diplomatic resolution of the status of the territories.
Q- What does “good faith” mean in the legislation?
A- “Good faith” in the Israeli legislation refers to any construction found to have been built when the homeowners did not know the house was being built on privately owned land. The Israeli regime would seize the property from its Palestinian owners.
Palestinian owners of the lands on which Israeli colony outposts were built have been on regular and documented protests against the seizure of their private lands and have filed court cases with the Israeli courts.
Q- Can the Palestinian owners of the seized land take any measures against the legislation?
A- According to The Times of Israel the legislation could still be thwarted by Israel’s judges. “The chance that it will be struck down by the Supreme Court is 100 per cent,” Israeli Defence Minister Avigdor Liberman was quoted as saying. The Israeli party Yesh Din will file court cases on behalf of the Palestinian owners of the seized lands with the Israeli courts to challenge the legislation.
The bill provides a carefully designed mechanism for compensating Palestinian whose lands will be seized. According to the bill, a Palestinian landowner can receive an annual usage payment of 125 per cent of the land’s value as determined by an assessment committee for renewable periods of 20 years, or an alternate plot of land if this is possible.
Q- Why did Netanyahu go ahead with a legislation which he himself opposed earlier?
A- According to Haaretz, Netanyahu could not stand the pressure from his far right coalition members. “At the moment of truth, Netanyahu folded and acted against the little that remains of his political conscience; he was not strong enough to postpone the vote. Netanyahu acted against his political wisdom”
Netanyahu believes that the bill could bring Israel before the International Criminal Court. “The bill will carry international indictments against Israeli soldiers and officers,” says Haaretz. Netanyahu also believed that the bill would be embarrassing for Israel’s friends abroad.