Nabil al-Sahli
Middle East Monitor / June 28, 2024
Israeli settlement activity deep within the West Bank has been non-stop since its Occupation on 5 June, 1967. The goal behind this was to undermine the dream of establishing a Palestinian State, with Jerusalem as its capital. It is in this context that the Netanyahu government is working around the clock to impose settlement status quos across the West Bank, including Jerusalem, that is difficult to escape.
Judaisation of the West Bank
Both Ministers, Ben-Gvir and Smotrich, have consistently imposed the Netanyahu government’s agenda to Judaise the West Bank by confiscating land and establishing settlements on them, along with killing and arresting Palestinians. An audio recording recently obtained by the American newspaper The New York Times revealed a secret plan by the far-right Israeli Finance Minister, Bezalel Smotrich, to strengthen Israeli control over the Occupied West Bank and thwart any attempt to make it part of the Palestinian State.
The newspaper’s correspondents listened to about a half-hour recording of the speech given by one of the attendees, a researcher from Peace Now, an anti-occupation human rights group. While Smotrich’s opposition to relinquishing control of the West Bank is no secret, it contradicts the official position of the Israeli government, which believes that the status of the West Bank remains open to negotiations between Israeli and Palestinian leaders.
A judicial decision by the Israeli Supreme Court confirmed that Israel’s rule over the West Bank amounts to a temporary military occupation supervised by army generals, and not a permanent civilian annexation governed by Israeli civil servants.
Ministry of Defence
That is why the Israeli Minister outlined in his speech a “carefully coordinated” program to remove power from the hands of the Israeli Occupation army’s generals and, instead, hand it over to civilians working under the Ministry of Defence. Parts of the plan have already been gradually introduced and some powers were transferred to civilians over the past 18 months. In this context, Smotrich said, “We created a separate civilian system.” Smotrich noted that, regardless of international scrutiny, the Israeli government allowed the Ministry of Defence to remain involved in the process, so that it appears that the army is still at the heart of West Bank governance.
Smotrich also confirmed that Israeli Prime Minister, Benjamin Netanyahu, is aware of the details of the plan that was discussed in the coalition agreement between their two parties to take direct control of the West Bank and not establish a Palestinian State. Netanyahu repeatedly stressed Israeli constants, most notably not accepting the establishment of a Palestinian State despite frequent media talk in the West about the need for a two-state solution through direct negotiations between the Palestinian and Israeli parties. It is worth noting that the negotiations that lasted for more than three decades did not lead to a Palestinian State nor the Palestinians obtain any of their legitimate national rights.
Settlement facts
The bias of the American administrations and most Western governments in favour of Israeli policies led to the establishment of 176 settlements inhabited by approximately 670,000 Zionist settlers, in addition to their control over an area of up to 3,458 square kilometres out of the total area, i.e., 5,664 square kilometres of the West Bank, classified as Area C according to the Declaration of Principles. This would give it direct control over two-thirds of the area of the West Bank. However, the Zionist settlements are considered a violation of all international principles and norms, most notably the Fourth Geneva Convention in 1949, which details a long list of prohibitions imposed on the occupying power. The essence of the charter prohibits the occupier from settling its population in the Occupied Territories, which has been reaffirmed by many international resolutions, whether resolutions by the UN Security Council or the General Assembly and, therefore, imposing a fait accompli by force cannot be legitimized and therefore become legal.
A package of international resolutions, principles and agreements have been issued confirming this, denying any legal status for Zionist settlement or annexation, and demanding its abolition and the dismantling of settlements as occupation landmarks, including the Zionist settlements in the city of Jerusalem, the most important of which are the Hague Convention of 1907 and the Fourth Geneva Convention of 1949. This is in addition to the Security Council resolutions, including Resolution No. 446 of 1979, which stated that the settlement and transfer of Zionist settlers to the Palestinian territories is illegal, as well as Resolution No. 452 of 1979, which stipulates stopping settlement activity, even in the city of Jerusalem, and not recognizing its annexation.
Palestinian State
The positions legitimizing Israeli settlement in the West Bank, including Jerusalem, by the American administrations are considered a continuation and partnership with Israel in its ongoing fascist aggression against the rights of the Palestinian people that are recognized by international bodies. Thus, America places itself in a confrontation with international law and the imposition of the law of the jungle, even though it is not qualified or authorized to do so, by cancelling international resolutions on Palestine, while it has no right to formulate international law and legitimize the already illegal Israeli settlement based on its right-wing and racist desires.
It goes without saying that Smotrich’s plan is the same as the Netanyahu government’s plan to directly annex the West Bank and besiege the Palestinians’ hopes of establishing their desired State.
Nabil al-Sahli is a Palestinian writer and author, born in Damascus