The West Bank’s Legal Transformation: How Israel is Systematically Paving the Way for De Facto Annexation
A staggering 24,200 dunams of Palestinian land – an area larger than Manhattan – were declared ‘State Land’ by Israel in just nine months. This unprecedented acceleration, documented in a new report by Adalah, the Legal Center for Arab Minority Rights in Israel, isn’t an isolated event. It’s a key component of a sweeping, systematic overhaul of the legal and institutional framework governing the West Bank, designed to solidify Israeli control and accelerate de facto annexation, even as formal annexation remains internationally condemned.
The Two-Tiered System: Military Rule for Palestinians, Civilian Law for Settlers
For decades, Israel has maintained a dual legal system in the West Bank. Israeli settlers are governed by civilian law, enjoying the full rights and protections of Israeli citizens. Palestinians, particularly those in Area C – over 60% of the West Bank under full Israeli military control – remain subject to military rule, facing restrictions on movement, construction, and access to resources. This disparity isn’t new, but the current Israeli government is actively entrenching it.
The Adalah report, “Legal Structures of Distinction, Separation, and Territorial Domination,” details how the appointment of figures like Bezalel Smotrich – serving simultaneously as Finance Minister and a Minister in the Defense Ministry – has dramatically shifted power. Smotrich’s influence has empowered pro-settler civil servants, granting them increased legal authority over the West Bank’s administration. This effectively cements the two distinct legal realities and facilitates the expansion of settlements.
Exploiting Legal Loopholes: From ‘State Land’ to In Fact Annexation
One of the most concerning mechanisms highlighted in the report is Israel’s designation of ‘State Land.’ Since the late 1970s, this has been the primary legal tool used to seize Palestinian land. However, the recent surge in land designation is alarming. Between 1998 and 2016, just over 21,000 dunams were declared as State Land. In less than a year (February 2024 – December 2024), that number surpassed 24,200 dunams. This isn’t simply about land acquisition; it’s about creating a legal fiction of Israeli sovereignty.
By transitioning settlements from military to civilian administration and handing over decision-making power to pro-settler officials, Israel can argue that these settlements operate under Israeli law. While stopping short of formal annexation, this constitutes what Adalah terms “a measure of in fact annexation” – a gradual, legalistic process of absorbing Palestinian territory. This process is a clear violation of international human rights law, as outlined by the International Court of Justice (ICJ) and numerous UN reports. The ICJ’s advisory opinion on the wall provides further context on the legal implications of Israel’s actions.
Financial Incentives and the Expansion of the Settlement Enterprise
The report also exposes the extensive financial support provided to Israeli settlements. Billions of shekels are poured into settlements annually through direct subsidies, preferential policies, and financial incentives covering land allocation, housing, infrastructure, and agriculture. This isn’t a hidden practice; it’s a deliberate policy designed to incentivize settlement growth and entrench Israeli presence in the West Bank.
Beyond the West Bank: Echoes in East Jerusalem
The mechanisms of control being implemented in the West Bank aren’t isolated to that region. Ir Amim, an Israeli NGO focused on East Jerusalem, notes a disturbing parallel. Tess Miller, Public Outreach staff at Ir Amim, explains that “the mechanisms of displacement…within Jerusalem are not separate from the mechanisms seen today in Gaza and the West Bank.” Home demolitions, discriminatory housing policies, and land confiscation are all part of a broader strategy to diminish the Palestinian presence and expand Jewish control.
The Implications for Self-Determination and International Law
Adalah’s report concludes that Israel is committing five international crimes: violations of International Humanitarian Law, deepening the illegal mechanism of in fact annexation, denying the Palestinian people’s right to self-determination, deepening the apartheid system in the occupied Palestinian territory, and committing war crimes and crimes of aggression. The accelerating pace of these changes, occurring while international attention is focused elsewhere, raises serious concerns about the future of the West Bank and the prospects for a two-state solution.
The report’s authors hope it will galvanize international pressure against these long-term changes. However, the current geopolitical climate and the lack of meaningful consequences for past violations suggest that such pressure may be insufficient. The future of the West Bank hinges on a fundamental shift in international policy and a renewed commitment to upholding international law. What remains to be seen is whether the international community will finally act before the window for a just and lasting peace closes entirely.
What are your thoughts on the role of international law in addressing the evolving situation in the West Bank? Share your perspective in the comments below!
