Imposing Sovereignty on the West Bank

Israeli Justice Minister Yariv Levin confirmed, during a meeting with the head of the Settlers Council in the northern West Bank, that "it is time to impose Israeli sovereignty over the West Bank" and described the current period as a "historic opportunity that should not be missed," calling on the government to accelerate the annexation process.

14 ministers from the Likud party, including hardline right-wing ministers, signed a letter to Netanyahu calling for "applying sovereignty over Judea and Samaria (West Bank)" before the end of the summer Knesset session (July 27).

The Israeli government continues to expand settlements, with security approval last month for establishing 22 new settlements and legalizing "settlement outposts." In March, the Cabinet approved separating 13 settlements from their surroundings to pave the way for imposing sovereignty, to achieve creeping annexation.

Legal Assessment of Israel's Intentions Regarding Imposing Sovereignty

The legal assessment of Israel's statements or intentions regarding imposing sovereignty over the West Bank requires referring to the rules of general international law, especially the law of belligerent occupation, and the principle of the inadmissibility of acquiring territory by force, in addition to relevant UN resolutions.

First: The Legal Nature of the West Bank

The West Bank, including East Jerusalem, is considered occupied territory since 1967, according to international law, particularly the Fourth Geneva Convention of 1949, which prohibits the occupying state from annexing territories it controls by force.

The International Court of Justice also confirmed in its advisory opinion on the separation wall (2004) that the Palestinian territories including East Jerusalem are occupied territories, and that Israel is obliged to respect the rules of belligerent occupation, and has no permanent sovereignty over them.

Second: The Illegality of Annexation Under International Law

1. The Principle of the Inadmissibility of Acquiring Territory by Force

Stated in the UN Charter (Article 2/4) that the use of force against the territorial integrity of any state is prohibited. This principle was confirmed in Resolutions 242 (1967) and 338 (1973) issued by the Security Council, which call for Israel's withdrawal from the territories it occupied in 1967.

2. Annexation and UN Resolutions

Resolution 2334 (2016) issued by the Security Council states that Israeli settlement in the occupied territories has no legal validity and demands its immediate cessation. Any step to impose Israeli sovereignty over the West Bank is considered de facto annexation, which is a violation of international law, and amounts to an international crime under the draft rules on state responsibility for internationally wrongful acts.

3. Transfer of Civilian Population to Occupied Territories

The Fourth Geneva Convention (Article 49/6) prohibits the occupying state from transferring part of its civilian population to the territories it occupies. What Israel does in supporting settlement, and then attempting to annex it under the cover of "sovereignty," constitutes a flagrant violation of this article.

Legal Consequences for Israel

International Responsibility

Any official decision to impose sovereignty holds Israel internationally responsible as an occupying power practicing illegitimate annexation.

Sanctions and International Penalties

• Other states have the right to refrain from recognizing this annexation (the principle of non-recognition of illegitimate situations, which is a stable international custom)
• The International Court of Justice or the International Criminal Court can be approached to examine Israel's responsibility for violating international law

Fourth: Position of the International Criminal Court

• The International Criminal Court opened a preliminary investigation into the situation in Palestine, including settlement and war crimes in the West Bank
• Annexation, if it occurs officially, can be included in this investigation as a crime of aggression or war crime

Legal Conclusion

• Imposing Israeli sovereignty over the West Bank is considered an illegitimate act under international law, and constitutes a flagrant violation of several principles

• The international community must refuse to recognize any Israeli sovereignty imposed on the West Bank, and take diplomatic and legal measures to hold Israel accountable, including through international courts