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Smotrich’s Silent Coup: The Erosion of Palestinian Rights in the West Bank

Yara Daher
Lebanon
Published on 01.08.2024
Reading time: 5 minutes

In a leaked recording by Peace Now, Smotrich proudly declared that land confiscations in 2024 have surpassed previous annual averages by tenfold, expressing his commitment to preventing the establishment of a Palestinian state. His policies, aimed at bolstering settlement expansion, have included directives for Israeli ministries to prepare for an influx of 500,000 settlers in the West Bank.

While the tragic Gaza massacre has riveted the world’s attention, the Israeli government has been quietly orchestrating a significant political shift: the de facto annexation of the West Bank. Under the guise of security and amid the chaos of conflict, Prime Minister Benjamin Netanyahu and Finance Minister Bezalel Smotrich have implemented a series of administrative changes, reshaping Israeli control over the Occupied Territories and advancing the annexation of the West Bank these last few months. This move, largely unnoticed by both the international community and Israeli citizens, represents a bold and contentious step towards cementing Israeli sovereignty over the West Bank.

On May 29, the Israeli military transferred significant legal powers in the occupied West Bank to pro-settler civil servants under Bezalel Smotrich, leader of the far-right Religious Zionism Party. This move transferred the responsibility for numerous bylaws within the Civil Administration—the Israeli body governing the West Bank—from the military to officials led by Smotrich in the defense ministry. The transition established a new civilian role: “deputy head for civilian affairs” within the Civil Administration. By shifting the administration of the West Bank from military to civilian control, the Israeli government has radically altered the status quo, paving the way for permanent Israeli governance over the region, effectively amounting to de facto annexation.

The new administrative structure facilitates increased settlement activities, rapid construction of Israeli infrastructure, and the demolition of Palestinian structures. In fact, Israel has approved the most extensive land seizure in the occupied West Bank in over three decades: 12.7 square kilometers in the Jordan Valley –the biggest since the 1993 Oslo Accords and one that follows earlier land grabs of 8 square kilometers in March and 2.6 square kilometers in February. 

This significant appropriation links Israeli settlements along a key corridor adjacent to Jordan, posing a severe threat to the formation of a future Palestinian state. In a leaked recording by Peace Now, Smotrich proudly declared that land confiscations in 2024 have surpassed previous annual averages by tenfold, expressing his commitment to preventing the establishment of a Palestinian state. His policies, aimed at bolstering settlement expansion, have included directives for Israeli ministries to prepare for an influx of 500,000 settlers in the West Bank. Concurrently, there has been a surge in violence and displacement, with settlers increasing their attacks and the military conducting home demolitions. In late June, Israeli soldiers demolished 11 homes in Umm al-Kheir, a village located in the Hebron governorate, rendering 50 people homeless, and in early July, they used live ammunition and teargas against six Palestinian villagers, including a woman and a young child, exacerbating the humanitarian crisis in the region.

Human rights lawyer Michael Sfard noted in an article by The Guardian that this move should dispel any doubts about Israel’s intentions regarding annexation. Smotrich’s swift actions upon entering government—approving thousands of new settlement homes, “legalizing” unauthorized outposts, and imposing further restrictions on Palestinian construction—illustrate his commitment to altering the West Bank’s status. Internationally, there are growing concerns about the destabilizing impact of these policies. Reports suggest that US officials are considering sanctions against Smotrich due to his aggressive settlement expansion and its implications for regional stability. Netanyahu’s reliance on far-right coalition partners, including Smotrich, has only intensified following the Gaza massacre.

But what exactly are the divisions within the West Bank, and how do they impact the lives of Palestinians?

Israel initially occupied the West Bank during the Six-Day War of 1967.  The 1995 Oslo II Accord divided the Palestinian West Bank into Areas A, B, and C as a temporary arrangement. Area A, covering 18 percent of the West Bank, is under complete Palestinian administrative and police control. Area B, making up 22 percent of the West Bank, is under Palestinian administrative control but shares security responsibilities with Israeli authorities. Area C, the largest at over 60 percent of the West Bank, is fully controlled by Israel and includes extensive Israeli settlements and military zones. This division remains, significantly affecting Palestinian governance, development, and daily life, with Area C residents facing severe restrictions on building, water access, and movement.

Moreover, the West Bank is regulated under international law, making further annexations of Areas A and B illegal. International Humanitarian Law (IHL), particularly both the Fourth Geneva Convention and the Hague Regulations, recognizes the West Bank as an occupied territory and prohibits annexation by the occupying power. International Human Rights Law (IHRL) also applies, requiring Israel to respect the rights of Palestinians in the occupied territories. Despite Israel’s stance that its human rights obligations do not extend to the occupied territories, the international community, including the United Nations and the International Court of Justice (ICJ), affirms that these laws are applicable. In a recent ruling, the ICJ reinforced the illegality of Israel’s actions, emphasizing violations of international law and human rights, including apartheid and racial segregation. Amnesty International hailed this ruling as a historic vindication of Palestinian rights. The ICJ’s decision underscores the necessity for Israel to withdraw its forces, lift the blockade of Gaza, and restore Palestinian control over their territories and resources. This ruling has prompted Palestinians to urge the global community to enforce international laws and end Israel’s occupation, halting further settlement expansions and dismantling the apartheid system. 

How will this ruling affect the occupation?

The ICJ’s recent ruling marks a pivotal moment in the Israeli-Palestinian conflict, potentially reshaping the geopolitical landscape. This landmark decision underscores the illegality of Israel’s settlement activities in the West Bank and East Jerusalem, calling for an immediate halt and dismantling of existing settlements. Despite Israeli Prime Minister Binyamin Netanyahu’s dismissal of the ruling as a distortion of historical truth, the ICJ’s non-binding opinion provides robust legal ammunition for Palestinian leaders and international advocacy groups. It fortifies their calls for global action against Israel’s policies and reinforces the legitimacy of Palestinian claims to statehood and self-determination. Moreover, the ruling exacerbates Israel’s international isolation, with potential repercussions including increased diplomatic pressure, economic sanctions, and heightened support for the Boycott, Divestment, and Sanctions (BDS) movement

While the immediate impact on Israeli policy may be limited, the decision amplifies the moral and legal imperative for a renewed peace process, emphasizing the necessity of adhering to international law and safeguarding Palestinian rights. This development could catalyze a shift in international opinion, prompting more countries to recognize both Palestinian statehood and intensify efforts to end the decades-long occupation.