Ma'ale Adumim and Israeli Sovereignty: Legal and Political Analysis
By Dr. Hassan Brijeyeh
Director of Mdrass Center for Strategic Studies and Settlement
The most dangerous aspect of the matter is when the Israeli Knesset refers to "imposing sovereignty" on the Ma'ale Adumim settlement, while the world and media discuss annexation of the West Bank that will not happen. This simply means that Israel seeks to make the area formally and directly subject to its laws and sovereignty, instead of remaining under occupation status, as if imposing sovereignty on Ma'ale Adumim settlement will be an alternative to the West Bank annexation project.
In this small research paper, we will analyze the problem of imposing Israeli sovereignty on Ma'ale Adumim settlement, and whether this matter is related to the E1 project.
What Does "Imposing Sovereignty" Mean Practically?
The proposed law stipulates "applying the laws, jurisdiction, administration, and sovereignty of the State of Israel" to Ma'ale Adumim settlement. This means its residents will be subject to Israeli judicial and administrative services as if the area were part of Israel proper, rather than being under temporary occupation arrangements or separate military administration.
Practically, this transforms the status of Ma'ale Adumim settlement from merely a settlement in the occupied West Bank to an area considered within the scope of complete Israeli sovereignty.
Political and Regional Implications
This step is considered, in a broader and wider sense, as annexation, or at least a major step toward it. This will lead to a fundamental change in the area's status, as it will be seen as a threat to the principle of establishing an independent Palestinian state in the West Bank, because it weakens the Palestinian National Authority's control over land it continuously claims for establishing a contiguous state.
From an international perspective, most of the international community considers the West Bank, including Ma'ale Adumim settlement, as occupied territories by Israel, and that imposing sovereignty on them violates international law.
Why Ma'ale Adumim Specifically?
Ma'ale Adumim settlement is located approximately 7 kilometers east of Jerusalem, on the Jerusalem/Dead Sea road, and is considered one of the largest Israeli settlement blocs in the West Bank. Its expansion or the imposition of Israeli sovereignty on it is seen as a detachment from West Bank lands and their division or actual change to their map.
For this reason, the law imposing sovereignty on it is considered more "acceptable" than some other settlement activities, according to some Israeli politicians' opinion. This means the law is still in its initial stage (preliminary reading) and needs additional readings for final approval in the Knesset.
Even if legally accepted that Israel applies its sovereignty, this will develop and become a fait accompli of "imposing facts on the ground" in terms of administration, infrastructure, and administrative relations.
The Connection Between Imposing Sovereignty on Ma'ale Adumim and the E1 Project
Imposing sovereignty on Ma'ale Adumim settlement means officially bringing it under Israeli laws and de facto annexing it in terms of administrative rights and duties.
The E1 project is part of this broader strategy seeking to strengthen Israeli control over the area surrounding Ma'ale Adumim settlement and East Jerusalem, particularly securing a geographic link between Ma'ale Adumim settlement and Jerusalem and the Palestinian enclave between them.
The sovereignty decision grants a legal and administrative character to Ma'ale Adumim settlement's annexation, facilitating the implementation of the E1 project as a plan under Israeli sovereignty. This connection means that implementing the E1 project with official sovereignty over Ma'ale Adumim settlement increases the reality of "facts on the ground" that may make any future negotiations on a Palestinian state more difficult, due to Israel's control over the road between Jerusalem and the West Bank.
This will relieve Israel from any obligations regarding reaching a Palestinian state.
International Law Perspective
Imposing Israeli sovereignty on Ma'ale Adumim settlement is considered illegal under international humanitarian law, specifically:
The Fourth Geneva Convention (1949) and The Hague Regulations (1907)
The West Bank is considered occupied territory since 1967, and Israel has no sovereignty over it, but is considered an "occupying power" obligated to administer the territory for the benefit of protected inhabitants without prejudicing their rights or changing the territory's character.
Article 47 of the Fourth Geneva Convention states: "No change made by the occupying state to the legal status of the occupied territory shall deprive the protected inhabitants of their rights under this Convention." This includes any annexation or imposition of sovereignty over the occupied territory.
The Principle of Prohibiting Acquisition of Territory by Force
It is one of the established principles in international law and the UN Charter, Article 2, Paragraph 4: "States are prohibited from using force or threatening to use it to seize others' territories." Therefore, any annexation of land occupied by military force, such as the West Bank, is legally null and void and creates no sovereign rights for Israel.
The International Court of Justice (ICJ) confirmed in its 2004 advisory opinion on the separation wall that "the construction of Israeli settlements in occupied Palestinian territories, including East Jerusalem, constitutes a flagrant violation of international law." By the same logic, imposing sovereignty on Ma'ale Adumim is considered a step of "de facto annexation" prohibited by general international law rules.
United Nations Resolutions
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Security Council Resolution 242 (1967) and 338 (1973) confirmed "the inadmissibility of acquiring territory by force" and the necessity of Israel's withdrawal from occupied territories
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Security Council Resolution 2334 (2016) clearly stated: "Israeli settlements in occupied Palestinian territories, including East Jerusalem, have no legal legitimacy and constitute a flagrant violation of international law, and are an obstacle to the two-state solution"
Therefore, any Israeli legislation imposing sovereignty on Ma'ale Adumim is considered legally null according to Security Council resolutions, has no international effect, and is considered an illegitimate escalation that can open the door to accountability before the International Criminal Court (ICC) under Article 8 of the Rome Statute, which criminalizes "the transfer of civilian population to occupied territories."
Legal Conclusion
Imposing Israeli sovereignty on Ma'ale Adumim represents a flagrant breach of:
- International humanitarian law
- The United Nations Charter
- Several UN Security Council resolutions
Therefore, it is a null procedure that does not change the legal status of the land and does not grant Israel any legitimate right to sovereignty over it.
Wednesday, October 23, 2025